San Diego

A judge ruled Monday that David Lucas’ attorney can subpoena a man who once was charged in two slayings but was later released from jail after Lucas was arrested.

The ruling from San Diego Municipal Court Judge Herbert Exarhos will allow attorney William Saunders to subpoena Johnny Massingale, 30, of Harlan, Ky., to testify at Lucas’ preliminary hearing.

Massingale once was charged with killing Suzanne and Colin Jacobs, of Normal Heights, in 1979, but those charges were dropped Jan. 5, after which he was released from jail. Lucas, 30, of Spring Valley, was charged March 13 with the Jacobs slayings.

Lucas’ preliminary hearing on those killings and the 1981 slaying of Gayle Garcia, 29, in Spring Valley, was delayed until June 17.

Saunders is also asking that the district attorney’s office be removed from prosecuting Lucas in the Jacobs slayings because that office earlier charged Massingale with the crimes and practically conceded later to have prosecuted the wrong man.

That motion will be heard before Exarhos on May 23.

Saunders also won permission to subpoena a Kentucky sheriff who got Massingale to make incriminating statements in the Jacobs slayings and to subpoena Jodie Santiago, 34, of Seattle. Santiago, the only victim to survive a throat slashing similar to those of the other six victims Lucas is accused of killing, is a key prosecution witness.

Lucas is set for trial May 8 on charges of the attempted murder of Santiago, plus the 1984 killings of Rhonda Strang, 24, and Amber Fisher, 3, both of Lakeside, and Anne Swanke, 22, of San Carlos.

The trial will likely be delayed because prosecutors would like to join all six cases into one trial.