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McMartin Seeks to Act as Own Attorney

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Times Staff Writer

In an emotional courtroom request Thursday, the 77-year-old founder of the McMartin Pre-School asked to be allowed to act as her own attorney because she is out of money.

“I believe it is morally wrong to run up bills I cannot pay,” Virginia McMartin told Municipal Judge Aviva K. Bobb.

McMartin added that she thought her attorney, Bradley Brunon, had done a “fine job” but that she had been unable to pay him for several months. She said she receives Social Security checks but had lost her house and depleted her savings to pay the costs of her defense.

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“Because of the lies they’ve taught those children . . . they’ve taken my livelihood, my home, my reputation,” she said in a voice that was at times angry, tearful and pleading.

Facing 208 Counts

She and six former teachers at the Manhattan Beach preschool are facing a preliminary hearing to determine whether they should stand trial in Superior Court on 208 counts of molestation and conspiracy involving 41 former students.

Both the prosecutor and the defense agreed that if Bobb allows McMartin to act as her own attorney, the hearing, now in its ninth month, would run even longer because of McMartin’s lack of legal training.

The request was prompted by Bobb’s refusal Wednesday to grant Brunon court-appointed status, which would have required the county to pick up his attorney fees at a rate of $50 to $75 an hour.

Brunon said the judge agreed that McMartin was indigent but said it was inappropriate to appoint him as a county-paid attorney. Brunon refused to reveal how much he has been paid by McMartin.

Concerned About Health

McMartin told the judge she could adequately defend herself but was afraid that health problems would interfere.

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“I doubt seriously if I can survive . . . but I can talk to children,” McMartin said. “I’ve held them on my lap and comforted them. I’ll know when they are fibbing. . . . And I won’t pussyfoot around when questioning them like these other attorneys do.”

But Deputy Public Defender Forrest Latiner said that “an entire family has been ruined financially by these lengthy proceedings.” He was referring not only to McMartin but to her daughter and two grandchildren, who are also defendants in the case.

At the request of Bobb, Los Angeles attorney Robert Talcott met for 40 minutes with McMartin to discuss the ramifications of serving as her own attorney.

Legally Bound

Bobb, in quizzing McMartin about her request, said: “You understand he (Brunon) agreed to defend you knowing what funds were available. And you have paid him a substantial amount of money, and he is legally (bound) to continue defending you.”

McMartin replied that she would defend herself but would refuse to abide by legal procedures in the courtroom and would not read the transcripts of the case.

“I will not wade through those lies,” she said, “those awful things they taught the children to say.”

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Bobb said she would rule on McMartin’s request today. She could either allow McMartin to defend herself or order Brunon to continue as her attorney without pay.

2 Appointed Attorneys

Only two of the seven defendants now have court-appointed attorneys, both named when the proceedings began. Dean Gits represents Peggy McMartin Buckey, 57, and Latiner represents Peggy Ann Buckey, 29.

More than $2.4 million has been spent on the case to date, according to a county auditor’s report. The district attorney’s office, which has three prosecutors assigned to the case, has spent about $1 million, the report showed, and the public defender’s office has spent about $107,000.

Also charged in the case are Ray Buckey, 26; Betty Raidor, 65; Babette Spitler, 37, and Mary Ann Jackson, 57.

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