Meier Defense Says Prosecutors See Difficulty in Case

An attorney for former Howard Hughes aide John Herbert Meier claimed Monday that two prosecutors involved in the case believe that Meier should not be tried for the 1974 Beverly Hills murder with which he is charged.

The attorney, Earl T. Durham, made the claim in court papers, stating that Deputy Dist. Attys. Robert Schirn and Michael Tranbarger “were of the opinion (that) the charges against John Meier should be dismissed.”

However, in interviews, Tranbarger said flatly, “That’s not my opinion.” And Schirn would neither confirm nor deny the accuracy of Durham’s statement.

A source close to the case, who asked not to be named, said that Schirn had written a memo to his superiors in the district attorney’s office indicating that it would be difficult to convict Meier. But Schirn did not recommend dismissing the case, the source said.

Death by Stabbing

Meier, whose trial was delayed indefinitely Monday when Durham withdrew as his attorney, is charged with arranging the stabbing death of Alfred Wayne Netter, an officer of a struggling Canadian company trying to market then-new videotape technology.

The prosecution’s theory is that Meier, a former “scientific adviser” to the Hughes organization, arranged a loan to Netter’s company and then had him killed to collect on an insurance policy taken out as a condition of the loan.

Tranbarger noted that he and Schirn had stepped into the complex, circumstantial-evidence case at the last minute to present evidence against Meier at a preliminary hearing. They were called upon because Deputy Dist. Atty. Michael Brenner, who has been assigned to the case for three years, was ill.

“Whatever opinions we had or may have had were on the basis of sketchy information,” Tranbarger said. “If anybody did say that (to Durham), I think it would have been in jest.”

Enough Evidence for Trial

He noted that the magistrate who presided at the preliminary hearing concluded that the evidence was strong enough to warrant ordering a trial.

Brenner, who has again taken over the case, said, “We’re prepared to go forward and always have been.”

Durham made his statement in court papers in which he asked to be relieved as Meier’s lawyer.

Durham said he had represented Meier for seven months on the strength of an unpaid $35,000 promissory from the defendant. He said he had received no fees, but “as a matter of principle I was willing to proceed with this case to trial and risk bankruptcy if need be.”

However, Meier, who claims to be indigent, said in court papers that Durham was unprepared for trial.

Concerned About Tactics

Los Angeles Superior Court Judge Douglas McKee said he was “worried” that Meier’s complaint might be a tactic designed to avoid trial. But he said he had no choice under the law but to grant Durham’s request to withdraw in light of the apparent conflict between Durham and his client.

McKee appointed the public defender’s office to represent Meier, who was indicted for the murder by the Los Angeles County Grand Jury in 1981 but fought extradition from his home near Vancouver for 2 1/2 years.

McKee directed that Meier, who is being held in County Jail in lieu of $200,000 bond, be returned to court on March 4, when the public defender’s office is to decide whether he qualifies for free legal assistance.