Livaditis Says He Wants a Quick Hearing : But Judge Orders a Delay so Attorney Can Prepare Defense

After allowing his attorney to enter not-guilty pleas to triple murder charges stemming from the June 23 siege at a Beverly Hills jewelry store, an impatient Steven Livaditis requested Tuesday that he receive a swift preliminary hearing.

But a judge, over the defendant’s objection, delayed the session until Aug. 11 in order to give Deputy Public Defender Michael Demby adequate time to prepare a defense.

“I’d like to have it sooner, your honor, if it’s possible,” stated Livaditis, a 22-year-old Brooklyn-born drifter in his second court appearance since his arrest.

He is accused of killing three people while holding hostages for 13 1/2 hours in a bungled robbery attempt at the Van Cleef & Arpels store on Rodeo Drive.

“There is quite a bit of material that your counsel has to go through,” Beverly Hills Municipal Judge Charles D. Boags responded. “If it’s possible to have it earlier, we will try. All right?”

“Well, can we set an earlier date, your honor?” Livaditis responded. Boags said he could not.

Livaditis, who is being held without bail, remained silent while his lawyer entered the not-guilty pleas. But when he was summoned back moments later and told that he had a constitutional right to a speedy preliminary hearing, the defendant spoke firmly and coherently in requesting swift action.

Livaditis, who could face the death penalty if convicted, is accused of murdering store security guard William Richard Smith and saleswoman Ann Heilperin, who were killed in the posh Beverly Hills shop, and manager Hugh Skinner, who was accidentally shot by a sheriff’s sharpshooter during an unsuccessful escape attempt by Livaditis.

The defendant also is charged with three felony counts of kidnaping, five of false imprisonment and four of robbery.

In a published report earlier this week, Livaditis described the cold-blooded killings of Smith and Heilperin and said he wanted to plead guilty and receive the death penalty.

But under state law, Demby said, his client could plead guilty to capital offenses only with his lawyer’s permission, which the defense lawyer said he would not give.

“He feels responsible for some of the things that happened and he feels remorse for what happened. And he’s in jail and he is in an emotional state,” Demby asserted.

Legal Processes

“I think it’s a situation, though, where we’re going to have to go through the court processes and the court system is going to have to decide what is going to happen.”

Despite commenting that she has “a great case, pretty cut and dry,” Deputy Dist. Atty. Dona Bracke concurred with Demby’s assessment concerning the plea.

“The system is set up to protect him (Livaditis) and protect anyone charged with a capital case,” the prosecutor said. “He may have second thoughts several months down the road and decide, well, I didn’t really want to do that.”

Bracke added that, even if Livaditis fired Demby and entered a guilty plea with the approval of another attorney, the conviction might later be thrown out on the grounds that the defendant had incompetent counsel.

Time for Review

Both sides predicted that the preliminary hearing, which will conclude with the judge’s ruling whether there is ample evidence for a Superior Court trial, will take no longer than one day.

Demby, however, said he needs adequate preparation time to review police reports and other documents.

“If an attorney goes into a case where he is not prepared for trial, the trial becomes a sham and a farce,” he said.

Livaditis was heavily bandaged at his arraignment last week as a result of burns from concussion grenades tossed by authorities to foil his escape. In contrast Tuesday, he had only a bandage around his right wrist.