Charges Refiled Against Son in Deaths of Couple

Two days after a Van Nuys Superior Court judge dismissed murder charges against a 43-year-old drifter accused of stabbing and bludgeoning his parents, a Los Angeles County district attorney refiled the charges, saying the judge “made a mistake.”

In refiling the charges, Deputy Dist. Atty. Ed Consiglio said there was enough evidence to hold the suspect, Robert L. Spitz, 43, for trial on two counts of murder, despite the ruling of Judge James M. Coleman, who said Wednesday after a three-hour preliminary hearing that prosecutors had not specifically linked Spitz to the murders.

“Our position is that we already have enough evidence for a preliminary hearing,” Consiglio said. “Whether we’ll present it differently this time is another matter, but we will be presenting basically the same information.”

Spitz was rearrested immediately after the Wednesday preliminary hearing on orders from prosecutors, who had until Monday to refile charges. Consiglio said he had ordered Spitz rearrested rather than allow time for more police investigation because there is already enough evidence against him, he has a history of mental problems and his family is “terrified” of him.

Under the law, the prosecution can refile the same charge, based on the same evidence, a second time. But, if no new evidence is presented and a judge dismisses the charges again, prosecutors could not file the case a third time and Spitz would be freed.

Spitz pleaded not guilty to the charges Friday after being arraigned in Van Nuys Municipal Court. He will face a preliminary hearing Sept. 25 in Van Nuys Superior Court before Judge Robert H. Wallerstein.

According to testimony at the preliminary hearing, sheriff’s deputies discovered the bodies of Marvin Spitz, 69, and his wife, Myrtle, 68, on Feb. 27 at their Canoga Park home.

Witnesses testified that they had seen Robert Spitz standing outside his parents’ home Feb. 26, and saw a car he had been driving parked at the curb from Feb. 24 to 26. He disappeared two days before the bodies were found and was arrested in Portland, Ore., on Aug. 8 after being tracked by police.

Spitz has a history of mental problems and had apparently attempted suicide several times, prosecutors said.