Girl, 3, Cannot Testify Against Father

A judge ruled Friday that a 3-year-old girl who says she witnessed her father kill her mother is not qualified to testify at the father’s murder trial.

During a two-day hearing called to determine whether she should be a witness, Amanda Conklin told a packed Van Nuys courtroom that her father shot Darlene Conklin in the kitchen of the family’s Reseda home last Aug. 22.

But with little comment, Superior Court Judge Melvin B. Grover said he would not allow her to testify in the trial of her father, Harry J. Conklin, scheduled to begin Monday.

‘Just About 1,000 Days Old’

“I have watched the child on the stand, observed the demeanor of the child and have taken note that the child is barely 3 years old--was just about 1,000 days old” at the time of the murder, Grover said. “She is an infant.”

He offered no further explanation.

As soon as the judge finished ruling, both Conklin and his defense attorney, Barry Taylor, smiled broadly.

Prosecutors conceded Friday that without testimony from the girl--who would have been among the youngest ever to be qualified to testify in a California court--the murder charge against Conklin, 39, will be difficult to prove.

“She is the only link between the murder and the father,” said Deputy Dist. Atty. Robert McIntosh. “That’s about all we have to go on.”

Taylor, a deputy public defender, said, “I don’t think there’s much evidence now against Conklin.”

Based largely on what Amanda told detectives, police arrested Conklin, a part-time 20th Century Fox studio grip, one month after the slaying. He remains in custody at Los Angeles County Jail in lieu of $200,000 bail.

Grover’s decision drew criticism from the the dead woman’s sister, Brenda Barry, with whom Amanda has been living since the slaying.

“All I know is that my sister is dead and the one who knows who killed her is Amanda,” Barry said outside the courtroom.

Prosecutor McIntosh said he expects a custody battle over Amanda if Conklin is acquitted.

Although Conklin is the child’s natural father, Barry has said she will not return Amanda to him.

“Amanda told me she doesn’t want to see her daddy again,” Barry said.

Robert Regalado, a family friend who testified during a preliminary hearing that Harry Conklin had said he was “going to have to get rid” of his wife, also expressed anger.

According to California law, a witness can be barred from testifying in a court only if the person is unable to express himself or herself or if the person is incapable of distinguishing between truth and fabrication.

The decision on the eligibility of a witness is left to the discretion of the presiding judge, whose decision cannot be overruled on appeal, according to state law.

Circumstantial Evidence

Without Amanda’s testimony, prosecutors said their case against Conklin will be based on circumstantial evidence, which includes threatening comments the defendant allegedly made about his wife and a murder manual found in the couple’s bedroom.

The procedures outlined in the step-by-step guide, entitled “Death Dealer’s Manual,” nearly match those used to kill Darlene Conklin. Prosecutor McIntosh said Harry Conklin bought the book at a North Hollywood survivalist bookstore last year.

The prosecution does have the option of dropping the case against the defendant and allowing him to go free. Since there is no statute of limitations in murder cases, charges against Conklin could be refiled after waiting months or even years so that Amanda could eventually qualify as a witness, McIntosh said. But he said the district attorney’s office intends, pending further review, to try the case using circumstantial evidence.