Discussed Withholding Data, McMartin Ex-Prosecutor Says

A former prosecutor in the McMartin Pre-School molestation case testified Monday that two fellow prosecutors spoke of withholding from the defense some statements by the woman whose complaint sparked the investigation.

Christine Johnston was called to testify at a pretrial hearing by attorneys for the defendants, Raymond Buckey and his mother, Peggy McMartin Buckey.

Johnston said she had urged her colleagues to turn over to the defense information on statements made by Judy Johnson, the mother of a McMartin student, who filed the initial complaint against Raymond Buckey in 1983.

But the former prosecutor said Deputy Dist. Atty. Lael Rubin told her in late 1984 or early 1985 that Johnson’s claim that a school board member had molested her child was “ridiculous and she was not going to turn it over.”

Johnston also said Deputy Dist. Atty. Glenn Stevens, relating another of Johnson’s claims that an AWOL Marine had molested the child, told her: “I’m not going to turn it over. Judy just flipped out.”

“I told him I thought he had to turn it over,” said the witness. She said she made a similar recommendation to Rubin.

Rubin has testified that she never purposely withheld any relevant evidence from the defense and was not aware of such reports until recently.

Stevens, who has since left the district attorney’s office, has refused to testify, invoking his protection against self-incrimination.

‘Can’t Use It’

The prosecution has said that evidence regarding Johnson’s statements was turned over to the defense during the preliminary hearing. But defense attorney Dean Gits told reporters that when the information came, Johnson had already testified, and the court prohibited questioning on matters she had not already discussed.

“Whether the material is available is irrelevant if we can’t use it,” Gits said.

Johnson’s 1983 complaint set in motion a case that ultimately included hundreds of molestation charges against seven people connected with the now-closed McMartin Pre-School in Manhattan Beach. Last year, charges against five defendants were dismissed, leaving Buckey and his mother. They are charged with 101 counts.

Johnson, who had been subpoenaed to testify at the current hearing, was found dead at her Manhattan Beach home Dec. 19. A coroner’s report attributed her death to liver disease.

Superior Court Judge William Pounders said Monday he would be inclined to grant Stevens immunity if an independent prosecuting agency recommends it. He said he would leave the matter to the city attorney’s office.