New Judge Is Selected to Oversee McMartin Molestation Case Trial

A former state prosecutor recently appointed to the Superior Court bench was assigned Wednesday to conduct the McMartin Pre-School molestation trial after both prosecutors and defense attorneys rejected three other judges as prejudiced.

The trial is scheduled to begin Tuesday before Judge William R. Pounders, 47, who was appointed by Gov. George Deukmejian last year. But it probably will be delayed because Pounders first must rule on a defense motion to dismiss all charges against the remaining two defendants and prohibit the district attorney’s office from handling further prosecution, and also must read the entire transcript of the 18-month preliminary hearing.

The defense said it is “studying” whether to ask for a change of venue, after commissioning a $15,000 survey of attitudes toward the McMartin case held by residents of the Central Superior Court District, from which jurors would be drawn. The results of that study are not complete, but defense attorneys believe that the jury pool may have been tainted by extensive publicity about the case.

Two on Trial

Raymond Buckey and his mother, Peggy McMartin Buckey, are charged with 101 counts of molestation and conspiracy.

The choice of Pounders, formerly the senior trial attorney in the state attorney general’s office and later a Municipal Court judge, came after three other judges proved unacceptable to both sides.

Defense attorney Daniel Davis, who represents Raymond Buckey, abruptly withdrew his motion to disqualify Superior Court Judge Roger W. Boren for bias Wednesday morning, explaining that if the issue could not be resolved immediately it would go before the state Judicial Council and delay proceedings by several weeks.

“Outrageously slimy conduct,” cried Deputy Dist. Atty. Roger J. Gunson, referring to the withdrawal of the motion, which spared the defense the burden of presenting evidence about alleged improprieties on the part of the district attorney’s office and several judges.

Bias Claimed

(Davis had claimed that Boren had made several rulings that demonstrated bias, and that he had discussed the case with a fellow judge who allegedly was having an affair with a prosecutor.)

The defense had expected Boren to take himself off the case, because he is still presiding over the “Twilight Zone” case. However, when it appeared that he intended to hear pretrial motions in the McMartin case next week, Davis alleged prejudice. Boren filed a written denial.

Minutes after Davis withdrew the motion, defense attorney Dean Gits, who represents Raymond Buckey’s mother, Peggy McMartin Buckey, filed a preemptive affidavit disqualifying Boren. Under state law, each side is entitled to reject one judge without giving specific reasons.

Late Wednesday, after telephoning several judges, Judge Aurelio Munoz, presiding judge of the downtown criminal courts, assigned the case to Judge Dion G. Morrow, who had just been removed as judge on the Night Stalker case.

The prosecution then rejected Morrow.

Next, the case was assigned to Judge Henry P. Nelson, but that choice was rejected by Davis.

And finally, with both sides’ preemptive challenges exhausted, the case was assigned to Pounders. Only the granting of a change of venue motion could alter that choice now.

Pounders is widely respected as an intelligent, fair and thorough judge, although some defense attorneys say his prosecutorial background sometimes shows in his rulings. He is a graduate of Occidental College and Loyola Law School, and served briefly on the 2nd District Court of Appeal.