Charges Dismissed Against 3 Brothers Arrested in Melee

A Superior Court judge Monday dismissed charges against three brothers arrested after a melee with sheriff’s deputies in which one brother’s wife was killed, but he left the door open to prosecutors to refile the charges.

Judge Richard A. Beacom ruled that the three brothers were entitled to a new beginning on their case, including a new preliminary hearing, because the Orange County Sheriff’s Department withheld from defense attorneys for more than a year statements made by a key witness. But Beacom denied a defense request that he dismiss the charges “with prejudice,” meaning that brothers Steve, Monte and Charles George Slender would be free from further prosecution in the case.

Defense attorneys said they expected their clients to be charged again. But that didn’t dampen the spirits of the brothers.

“I’m on top of the world right now,” said Charles George Slender, 22, who usually goes by his middle name. He has been out of jail on $40,000 bond. The other two have been free on their own recognizance.

‘What a Relief’

“It feels great,” said Monte Slender, 21. “What a relief.”

It was George Slender’s wife, Deanna, 23, who was killed in front of their home near Tustin on June 27, 1984.

The incident began as no more than a traffic violation. Sheriff’s Deputy Leon Bennigsdorf had pursued George Slender to his home and attempted to issue him a speeding ticket. Deputy Ben Stripe arrived as a backup.

The incident somehow escalated into a fight between the two deputies and the three Slenders. Mrs. Slender, apparently trying to act as a peacemaker, was shot by Bennigsdorf, according to police reports. Then Bennigsdorf and George Slender shot and wounded each other.

The three brothers were booked on suspicion of murder. However, the district attorney’s office eventually charged George Slender only with attempted murder of Bennigsdorf and various assault charges. His brothers were charged with assault.

At a preliminary hearing in January, Municipal Judge Eugene Langhauser ordered the brothers bound over for trial.

But defense lawyers now say a key witness was missing from that hearing--a neighbor, Katherine Dolan, who saw the incident. Dolan told sheriff’s investigators that she saw one of the officers strike Monte Slender over the head with a nightstick. That information was in handwritten notes made by the investigators but was not in their typed reports.

The typed reports were turned over to defense attorneys under court discovery orders. But neither the prosecutors nor the defense attorneys knew the handwritten notes existed until a few days ago.

Defense attorneys claim Dolan’s statement is crucial to their case: They contend that George Slender and Steve Slender, 24, began fighting with the officers only after one of the officers had attacked Monte Slender with the nightstick.

Actually, the defense attorneys knew six months before the preliminary hearing that Dolan saw an officer strike Monte, because Dolan had told her story to defense investigators.

But attorney Ronald Brower, who represents Monte, explained that defense attorneys could not put her on the witness stand at the preliminary hearing because they did not know she had made a similar statement to police. They therefore assumed that she would have been discredited by the prosecution, Brower said.

Judge Beacom agreed.

“We’re not talking about minor errors here,” Beacom said. “We’re talking about a witness’s statement which gets to the crux of the whole thing.”

Deputy Dist. Atty. Bryan Brown said he doesn’t know yet whether his office will refile charges against the Slenders.

“This (ruling) doesn’t mean we’re just going to forget it,” Brown declared. But he said he needs to meet with other prosecutors before deciding--probably in two or three days--whether to refile.

Ironically, it was Brown himself who caused the missing handwritten notes to be produced.

In another murder case, Brown discovered from one of his witnesses that she had made statements to police that were not in their reports but were verified by investigators’ handwritten notes. That incident prompted Brown to ask whether such handwritten notes might exist in the Slender case.

When he found out they did exist, he promptly ordered them turned over to defense attorneys.

“Bryan deserves a high compliment for his integrity,” said Marshall Schulman, attorney for George Slender.

Attorney Al Stokke, who represents Steve Slender, said he was disappointed that Judge Beacom did not quash the case for good.

Stokke claimed in court that the sheriff’s investigators had deliberately withheld information from Doland, the eyewitness, because it hurt their position.

But Beacom responded, “We will probably never know” whether the information was withheld intentionally or inadvertently.