Charges Against 3 Brothers in Arrest Melee Are Refiled

The Orange County district attorney’s office refiled its case Wednesday against three brothers who won a court dismissal last month of charges accusing them of starting a melee with sheriff’s deputies that led to the death of one of the brother’s wives.

After discovering that some evidence had been withheld from the defense, Superior Court Judge Richard J. Beacom dismissed assault and attempted murder charges against Charles George Slender, 22 --whose wife Deanna, 23, was killed in the fracas--and assault charges against his two brothers, Monte Slender, 21, and Steve Slender, 24.

Prosecutors discovered more than a year after the June 27, 1984, incident at the Slender home near Tustin that the Orange County Sheriff’s Department had failed to turn over to the defense written notes from one of its investigators. The notes were from an interview with a neighbor, Katherine Dolan, who told investigators she saw one of the two sheriff’s deputies involved beating Monte Slender over the head with a night stick.

Beacom agreed with defense arguments that the judge at the preliminary hearing might have decided against ordering the Slender brothers to stand trial if Dolan had testified at the hearing.

Slenders to Remain Free

Deputy Dist. Atty. Bryan Brown said the charges were refiled Wednesday because his office feels “it’s an issue that ought to go before a jury.”

The three brothers will be arraigned before Central Municipal Judge B. Tam Nomoto on Sept. 18. At that time a date will be set for a new preliminary hearing. The brothers will remain free on their own recognizance until then.

Only Charles George Slender showed up for proceedings Wednesday. The other two brothers were out of state.

The incident began when Sheriff’s Deputy Leon Bennigsdorf pulled up behind Charles George Slender outside his home to issue him a traffic citation. The other Slender brothers and Deanna Slender came to the scene, as did Sheriff’s Deputy Ben Stripe, called to back up Bennigsdorf. Investigative reports say that Deanna Slender was fatally shot when she tried to play the role of peacemaker.

Charles George Slender is charged with the attempted murder of Bennigsdorf. Bennigsdorf and Charles George Slender shot and wounded each other.

Fine Legal Point

Beacom’s decision to dismiss rested on a fine legal point, but one that a defense attorney said was highly significant: Defense lawyers already obtained statements from Dolan that she saw one of the officers striking Monte Slender on the head. What they didn’t know was that she had given that information to investigators.

Defense attorneys did not call her as a witness at the preliminary hearing because they assumed the prosecution could have attacked the credibility of her statement because it wasn’t included in her interview with investigators.

The prosecution’s case could be damaged if the defense can show that the Slender brothers fought the deputies only in self-defense in response to excessive force from the officers.

Prosecutor Brown contends that the officers did not use excessive force.

Refiling Called ‘Outrageous’

After Beacom dismissed the case July 22, Brown said his office would have to review the case to decide whether to refile. Since then, his office has conducted a review to make sure that no other evidence of any significance has been withheld from defense attorneys, Brown said.

Al Stokke, attorney for Steve Slender, said Wednesday that he considers it “outrageous” that Brown has refiled the charges.

“These guys (the Slenders) went through hell the past year for nothing,” Stokke said.

Stokke added that he is almost certain that defense attorneys this time around will call Dolan as a defense witness.