Ex-McMartin Prosecutor Refuses to Answer Most Questions at Hearing

A controversial former prosecutor in the McMartin Pre-School molestation case, Glenn Stevens, called as a defense witness Friday in a pretrial hearing, refused to answer almost all questions, citing his right against self-incrimination.

Meanwhile, the state attorney general’s office said Friday that it has decided not to file felony obstruction of justice charges against Stevens after investigating claims by McMartin parents that he tried to affect the outcome of the case to enhance a movie deal.

During Friday’s hearing, defense attorneys asked that Stevens be granted immunity from prosecution in exchange for his testimony, and Los Angeles Superior Court Judge William Pounders said he will decide next week whether he has that authority.

Pounders said he would be inclined to grant immunity if Stevens faces only misdemeanor charges, which the Los Angeles city attorney’s office is considering. The former deputy district attorney is accused by McMartin parents of providing information to the defense, which is illegal for a former prosecutor.

Complaining Witnesses

Stevens also faces possible disbarment by the State Bar, which is investigating allegations against him by parents of complaining witnesses in the case.

He has denied any criminal conduct, saying that his actions were motivated by a desire to bring out what he sees as the truth.

Stevens resigned from the district attorney’s office last year after being told that he was going to be fired for lying to superiors about being the source of leaks to the press about the case.

He has said publicly that he believes that the McMartin defendants are innocent. Information that he provided to defense attorneys, along with 30 hours of taped conversations with two film makers, is the basis of a defense motion to dismiss all remaining charges or prohibit the district attorney’s office from handling the prosecution.

In the courtroom Friday, with his attorney, Robert Harris, literally whispering in his ear, Stevens answered only one question--whether he had once worked in the district attorney’s office--before invoking his right against self-incrimination.

To the second question, whether he had been a prosecutor in the McMartin case, he said, “I refuse to answer that question” and cited the state Evidence Code section that allows a person “to refuse to disclose any matter that may tend to incriminate him.”

Remains Silent

Smiling throughout his 90 minutes on the stand, he refused to say whether he had ever seen evidence the defense alleges that the district attorney’s office withheld, whether he had ever voiced his concerns about the case to a Times reporter, whether he had been responsible for turning over discovery materials to the defense or whether he knew co-prosecutor Lael Rubin.

Lawyers for both the defense and the prosecution urged Pounders to compel Stevens to answer, arguing that by entering into a contract with a Beverly Hills screen-writing team to tell his “true life story without limitation,” he had waived protection against self-incrimination.

However, Pounders said: “I think (his testimony) is desired by both parties and the court, but he does have a right against self-incrimination under both the California and federal constitutions. . . . I don’t think this contract waives his right to assert that privilege at this (hearing).”

At that point in the hearing, Supervising Deputy Atty. Gen. William Weisman said his office had “exercised our discretion not to file” felony charges against Stevens and had referred the misdemeanor allegations to Los Angeles City Atty. James Hahn.

Bizarre Turns

Hahn once figured in one of the more bizarre turns of the McMartin case: A 10-year-old boy picked his picture out of a police photo lineup, along with that of actor Chuck Norris, as being one of the “strangers” who tied, bull-whipped and molested children at the McMartin Pre-School. The identifications were not taken seriously by authorities.

Meanwhile, the molestation trial, which had been scheduled to begin Monday, was again postponed indefinitely after the defense told Pounders that it will ask for a change of venue in the belief that the remaining two defendants, Ray Buckey, 28, and his mother, Peggy McMartin Buckey, 60, cannot get a fair trial in Los Angeles County.