‘Twilight’ Prosecutor Is Again Scolded

The judge in the “Twilight Zone” manslaughter trial Thursday again chastised the prosecutor, Deputy Dist. Atty. Lea Purwin D’Agostino, for failing to disclose to defense attorneys evidence that could possibly damage her case.

“I thought the prosecutor was not candid in the way that she handled witnesses and that she should have disclosed (the evidence) at an earlier point,” Los Angeles Superior Court Judge Roger W. Boren said. “. . . Obviously, there could come a time in a trial where the cumulative effect of things of this nature quite obviously would warrant sanctions, such as a mistrial . . . or contempt of court or something else.

“I just believe that at this time,” the judge continued, “. . . it hasn’t reached that particular level.”

Boren, however, did invite defense attorneys for film director John Landis and four associates to prepare written motions seeking a mistrial or dismissal of the case for his consideration.

Boren’s action came on the heels of the latest flap in the case: D’Agostino’s failure to notify the defense in advance of a missing report from a county firefighter present on the film set when three actors were killed in a 1982 helicopter accident.

Defense attorneys contend that the prosecutor has covered up that and other important pieces of evidence since the trial began six weeks ago.

On Wednesday, the firefighter, Richard Ebentheuer, disclosed for the first time in testimony that his report had said that before the filming of the fatal scene, he had warned his supervisor on the set that it appeared dangerous--yet he and the supervisor took no action to warn the film makers.

Ebentheuer, testifying without the jury present, also said that Fire Inspector De Witt Morgan, to whom he gave his report, “stated to me he felt that my report should not be let out.”

Morgan, who had testified last week before the defense was apprised of Ebentheuer’s allegations, was called back to the stand Thursday afternoon without the jury present to shed more light on the matter. Morgan testified, however, that he did not recall receiving Ebentheuer’s report four years ago nor did he recall pertinent points concerning conversations on the issue last week with D’Agostino and Ebentheuer.

D’Agostino told Boren that she was informed about the Ebentheuer report last week but “it went in one ear and out the other,” because Morgan had told her it no longer existed. She added that she did not learn until Ebentheuer took the witness stand Wednesday that Morgan allegedly said the report should be suppressed.

However, Landis’ co-counsel, James Sanders, then revealed that Fire Battalion Chief Gordon S. Pearson claims that he called D’Agostino last Friday and told her about Morgan’s alleged statement after he received a call from Ebentheuer.

“I do not recall him making that statement at all,” D’Agostino then told the judge.

But Pearson, who heads the department’s community relations section, confirmed Sanders’ statements outside the courtroom, saying, “Any information the Los Angeles County Fire Department has that is relevant to this case will be played right on top of the table.”

Landis and his co-defendants are individually accused of gross negligence and child endangerment in the deaths of actor Vic Morrow and two child actors, killed when a helicopter crashed on them during the filming of a Vietnam War battle scene involving special-effects explosives.