‘Twilight’ Defense Plans New Bid for Mistrial

Defense attorneys in the “Twilight Zone” manslaughter trial said Thursday that they plan to file a new motion for dismissal next week based on fresh allegations of misconduct by the prosecutor.

The defense claims that prosecutor Lea Purwin D’Agostino withheld from them her knowledge of allegations that the county Fire Department “purged” reports concerning the activities of its personnel on the set of “Twilight Zone: The Movie” the night a helicopter crashed and killed actor Vic Morrow and two children.

Under California law, prosecutors are obligated to turn over its evidence to the defense.

Defense attorney Harland Braun, who represents associate producer George Folsey, said he plans to file a new dismissal motion Monday based on the defense claims.

‘Less Than Candid’

Superior Court Judge Roger Boren said he felt that D’Agostino had been “less than candid” in turning over her evidence to the defense, but added that he did not feel that her actions thus far warranted declaring a mistrial.

The judge indicated, however, that if she continued to withhold evidence, a mistrial might be warranted.

Previous defense dismissal motions have been denied by the judge.

Folsey, director John Landis and three associates are being tried on charges of involuntary manslaughter in the July, 1982, deaths of Morrow and the two children.