Ramirez’s Bid to Dodge His Hearing Fails

Accused Night Stalker Richard Ramirez wants to remain “at home” in his jail cell rather than to continue attending his preliminary hearing, his defense attorneys declared Monday.

However, Los Angeles Municipal Judge James F. Nelson ruled that Ramirez must remain in court, adding that the defense can file a written motion and request a court hearing--with witnesses--in an attempt to change his mind.

Nelson noted, however, that state law does not give Ramirez an absolute right to waive his presence at the hearing, which entered its sixth week Monday.

Outside of court, defense attorney Arturo Hernandez said that Ramirez would prefer to remain “in his cell at home, in what he calls home . . . meaning his cell at the County Jail.”

Personal Reasons

The defense attorneys, who plan to file a written motion today, said Ramirez has several personal reasons for his request, including:

- An uncomfortable holding cell at the Los Angeles Traffic Courts Building, the site of his preliminary hearing on charges that he committed 14 murders and 54 other felonies in Los Angeles County during 1984 and 1985.

- A nagging toothache resulting from unfinished root canal work--undertaken by county dentists after his arrest--on his rotting teeth.

- The ongoing effect of being stared at by the press and other courtroom observers each day as witnesses testify to the gruesome details of the crimes he is accused of.

“It may be wrong to call it a protest,” co-defense counsel Daniel Hernandez said. “. . . (But) he’s very determined not to be in court.”

The prosecutor, Deputy Dist. Atty. P. Philip Halpin, appears adamant on having Ramirez remain in the courtroom.

“I don’t want to take the chance on some sort of constitutional problem at a later date,” he said.

On Monday, Nelson acted on Ramirez’s complaint about the holding cell, ordering that the Sheriff’s Department allow the 26-year-old drifter from El Paso to remain in a cell near the courtroom rather than be moved to a much smaller cell while awaiting transfer back to the Los Angeles County Jail each night.

Cell Described

In his order, Nelson described the cramped cell as an unlit five-foot by five-foot enclosure “unsuitable for detention of persons for any period exceeding one hour.” Until now, Ramirez had been spending three to six hours daily in the cell, which his attorneys had dubbed “the phone booth” because of its diminutive size.

Asked outside of court why the dental problems would qualify as a reason for skipping the court sessions, Daniel Hernandez replied, “I’d rather be home if I had a toothache than in court.”

As well, Hernandez said, “it would be normal for anyone” to become tired of people staring at them in court.

During Monday’s session, in which 10 witnesses testified about three slayings and another attempted killing in San Gabriel Valley communities last summer, Ramirez exhibited a calm demeanor, grinning occasionally and chatting with Arturo Hernandez.