High Court Ruling Cited : Plea for Privacy Stalls Hearing in Marine Death

The preliminary hearing of Laura Troiani and five Marines who are accused of killing Troiani’s husband was recessed Wednesday until next week while Municipal Judge Luther L. Leeger considers a defense motion to close the entire proceeding to the public.

The request for a closed preliminary hearing was made by defense attorney Richard Wehmeyer, who represents Lance Cpl. Russell A. Harrison. Wehmeyer argued that publicity about the case could “pollute” the minds of potential jurors if and when the defendants face trial in Superior Court. Attorneys for the other five defendants immediately joined Wehmeyer’s motion.

Wehmeyer cited an opinion of the California Supreme Court issued Monday that the public can be barred from preliminary hearings in criminal cases if there is a “reasonable likelihood” that an open hearing would harm the defendant’s right to a fair trial.

Riverside Case

The state Supreme Court ruling was in response to an appeal by the Riverside Press Enterprise after a Riverside Superior Court judge closed the preliminary hearing of a murder defendant. The judge had ruled that concern for a fair trial and an unprejudiced jury dictated that the hearing be closed to the public and press, despite constitutional provisions for public access to the judicial system.

Speaking on behalf of the court, Justice Allen Broussard said that state law “makes clear that the primary right is the right to a fair trial and that the public’s right of access must give way when there is conflict.”

Wehmeyer noted Wednesday that the preliminary hearing began Dec. 4. He said that potential jurors who read news articles about the six defendants’ case might mistakenly allow all the evidence to “wash” over all the defendants, even though the degree of each defendant’s alleged culpability in the crime differs.

Deputy Dist. Atty. Phil Walden countered that defense attorneys have “the right to introduce evidence that might exonerate or tend to exonerate the defendants . . . and I’m sure that (evidence) would be reported as well. We wouldn’t object to that.”

Deputy Dist. Atty. Larry Burns argued before Leeger that none of the news articles so far published about the case has been sensational or inaccurate.

Burns noted that, in at least one instance, the district attorney’s office has not objected to the courtroom being closed because it had agreed that the testimony was too sensitive to be publicized. But he said that closing the entire preliminary hearing would be an “overblown” reaction.

Each of the six reporters present at the hearing stood and objected to the hearing being closed.

Leeger said he would read this week’s Supreme Court ruling and make his finding on Monday.

Laura Troiani and the five Marines are charged with murder in the Aug. 6 gunshot slaying of Troiani’s husband, Staff Sgt. Carlos Troiani, who was lured to an empty stretch of road in eastern Oceanside after being told that his wife had car trouble.

Arrested with Troiani, 23, were Lance Cpl. Mark Schulz, accused of being the triggerman; Lance Cpl. Russell A. Harrison, Lance Cpl. Russell E. Sanders, Pfc. Kevin Watkins and Lance Cpl. Jeffrey T. Mizner. Each of the Marines is 19 or 20 years old. All of the defendants except Watkins and Sanders face the death penalty.

Prosecutors allege that Troiani, unhappy with her marriage, offered to pay each of the Marines $500 to murder her husband. Money for the killing was allegedly to come from her husband’s life insurance benefits.