Data Held From McMartin Defense, Ex-Prosecutor Says

A former prosecutor in the McMartin Pre-School molestation case testified Monday that fellow prosecutors intentionally withheld from the defense two statements by the mother whose complaints triggered the investigation.

Deputy Dist. Atty. Christine Johnston, called to testify by attorneys for Raymond Buckey and his mother, Peggy McMartin Buckey, said she “felt (the statements) should have been turned over” even though her colleagues did not take them seriously.

But Johnston said she is “not aware of any other items that were improperly held, intentionally or otherwise” and that “from what I saw, my opinion would be that (the prosecutor in charge of the case) was truthful” in turning over material.

Attorneys in Conflict

Johnston asked to be reassigned when the preliminary hearing ended, in part, she testified, because of “conflict between the three attorneys” assigned to handle the prosecution, including disagreements about the relaying of evidence to the defense.

Johnston said Deputy Dist. Atty. Lael Rubin, the chief prosecutor on the case, told her in late 1984 or early 1985 that a claim by the mother, Judy Johnson, that her child had been molested by a member of the Los Angeles school board was “ridiculous and she was not going to turn it over.”

“I indicated that I thought it should be turned over,” Johnston testified in a pretrial hearing on alleged suppression of evidence by the Los Angeles County district attorney’s office.

Johnston’s statements contradicted those of Rubin, who has testified that she said she only wanted to delay giving the report to the defense for a few days, to give her time to think about the impact such information would have on a public figure. The defense did not get the report for more than a year after Johnson made it.

Report About Marine

Earlier, in July, 1984, Johnston testified, former Deputy Dist. Atty. Glenn Stevens told her that Johnson had telephoned him with allegations that her child and her dog had been molested by an AWOL Marine in Twentynine Palms.

“She’d met a Marine at her mother’s home or somebody’s home the day before and when she woke up (her son’s) anus was red and this Marine had molested him and also her dog.

“He (Stevens) was laughing, and I said, ‘Did she really say that?’ He said ‘No, I’m kidding, what she said was the dog was beaten up.’

“I asked him what effect that would have (on the proceedings under way), and he said, ‘None, because I’m not going to turn it over. Judy just flipped out.’ ”

Not Considered Serious

Johnston said Stevens’ tone of voice and relating of the incident indicated that “he thought the whole thing was funny . . . he certainly was not serious about it.”

She said she was unaware that the report was kept from the defense for nine months.

Judy Johnson had been subpoenaed to testify at the present hearing but she was found dead in her home Dec. 19. Preliminary autopsy findings attribute her death to liver disease.

Stevens, who left the district attorney’s office under pressure and has alleged wrongdoing by his fellow prosecutors, has refused to testify, citing his rights against self-incrimination.

But on Monday, Superior Court Judge William Pounders said he would be inclined to grant Stevens immunity from prosecution if either the state attorney general or the Los Angeles city attorney requests it. Such a request is expected today.

Judge Is Reluctant

Pounders said he is reluctant to grant immunity on his own for two reasons. First, he has authority to grant only “use” immunity, which would prevent prosecutors from using Stevens’ testimony against him, but not against prosecution based on other evidence. If Stevens should still refuse to testify, Pounders said, he would have to consider holding the lawyer in contempt and jailing him.

Second, Pounders said it may be “in society’s interest” to see Stevens prosecuted for releasing inside information about preparation of the case. “It’s a shocking result to see that the defense knows every move by the prosecution before trial,” he said.