Virginia McMartin Renews Her Clash With Judge Over Lawyer

Yelling “don’t you dare touch me” at a bailiff who blocked her path, a defiant Virginia McMartin again disrupted proceedings in her preliminary hearing Tuesday and attempted to leave the courtroom on her crutches.

The 77-year-old founder of the Manhattan Beach preschool at which she and six former teachers are charged with molesting 41 children was incensed at Municipal Judge Aviva K. Bobb’s ruling that she could not act as her own attorney.

McMartin had made the request last week, explaining that her lengthy defense had left her broke and unable to pay for an attorney. However, Bobb had ordered attorney Bradley Brunon to continue representing her without pay from either McMartin or the county. Bobb said it would be inappropriate for her to grant Brunon court-appointed status--and up to $75 an hour in legal fees--because he accepted the case knowing McMartin’s financial resources.

As court resumed Tuesday, McMartin was obviously prepared for a confrontation with Bobb. She wore a fresh dress and makeup and clutched a sheaf of handwritten notes. Her eyes were fiery as she began an angry monologue and threatened to walk out of court. Bobb ordered her to stay.

“I don’t care what your orders are,” McMartin snapped at the judge.

When Bobb threatened her with contempt, McMartin replied, “Just add it to my bill.” After several tense minutes during which no one spoke or moved, Bobb called a five-minute recess--which lasted half an hour--during which McMartin rebuffed efforts by defense attorneys and fellow defendants to persuade her to cooperate.

“I will not be browbeaten. . . ,” she said in a rambling discourse. “You (attorneys) are so afraid of the judicial system and the judge. . . . I’m being guided by God only, not by you attorneys. . . . There isn’t anyone who can change me. . . . You are all so afraid that the truth might get out. . . . I’m an American citizen. . . . I do not have to have counsel, read the Constitution. . . . Don’t you tell me, this is all a setup.”

Changed Her Mind

McMartin changed her mind after an emotional scene in which her daughter, Peggy McMartin Buckey, 58, sobbed on her mother’s bosom--imploring her to reconsider--and her grandson, Raymond Buckey, 27, quietly embraced her.

“Because of my daughter and grandson . . . and knowing they’re gonna be abused in jail, as they are now . . . I will sit down. But Brad is not my attorney.”

Brunon, looking perplexed in a hallway interview, said he would “probably not” attempt further cross-examination on behalf of McMartin, although the 12 children the elderly woman is charged with molesting have not taken the stand.

(Several young witnesses have testified that McMartin watched sexual games led by other defendants, and at least one child testified that she touched him on the penis.)

‘Awkward Position’

“The court’s ruling puts me in an awkward posture,” Brunon said of trying to defend a client who will not talk to him. He added that he will decide by week’s end whether to request a Superior Court review of Bobb’s order, ask to be released from the case or “grin and bear it.” Two of the seven defendants have been represented by court-appointed attorneys from the outset, and the other four have asked for or are expected to soon request county funding.

Defense attorneys said further delays in the 10-month hearing may provide grounds for renewed motions to sever their clients from the combined hearing or for a new preliminary hearing for the elderly McMartin.

McMartin’s daughter, Peggy, and granddaughter, Peggy Ann Buckey, 29, are represented by court-appointed attorneys. Others charged in the case are Raymond Buckey; Betty Raidor, 65; Babette Spitler, 37, and Mary Ann Jackson, 57.

The hearing is being held to determine whether the seven should stand trial in Superior Court on 208 counts of molestation and conspiracy involving children left in their care during a six-year period beginning in 1978.