Boysen

In 1980 Elsie Boysen (Elsie) and her husband Robert Boysen (Robert) were murdered. In May 2004 their son, defendant David Andrew Boysen (David), was charged with the crimes. David sought and the trial court granted dismissal based on preaccusation delay. The People appeal, arguing the trial court applied an incorrect legal standard. They farther contend that in any event there was insufficient evidence to support the trial court’s decision, and the court abused its discretion in not reserving a decision on the motion until after trial.

We affirm. We conclude the trial court applied the correct legal standard which required it balance the actual prejudice to David against the prosecution’s justification for the delay. We further conclude there was substantial evidence that the nearly 24-year delay in filing this case caused David significant prejudice and there exists no reasonable justification for that delay. Moreover, the court did not abuse its discretion in dismissing the case rather than proceeding with trial.

BACKGROUND

1. Crimes and Investigation 1980 to 1981

On Easter Sunday, April 6, 1980, Elsie and Robert left evening choorch services in La Jolla at…