Immunity Sought for McMartin Case Figure

The state attorney general and the Los Angeles city attorney asked a Superior Court judge Tuesday to grant immunity to a former prosecutor on the McMartin Pre-School molestation case to compel him to testify about alleged improprieties in the investigation.

Los Angeles Superior Court Judge William Pounders, who has indicated that he will grant their request, scheduled a hearing for Thursday at which former Deputy Dist. Atty. Glenn Stevens can contest the order.

Stevens has publicly accused the district attorney’s office of lying and withholding evidence, but he refused to answer all questions related to the McMartin case when called as a witness Friday by lawyers for Raymond Buckey, 28, and his mother, Peggy McMartin Buckey, 60. He said his refusal was based on his rights against self-incrimination and his fear of possible prosecution.

‘Significant Case’

In a joint letter to Pounders on Tuesday, however, the two agencies that have been exploring the possibility of criminal charges against Stevens argued that “the importance of his testimony to the issues involved in this significant case appear to outweigh the substantial interest involved in a potential misdemeanor prosecution” for advising the defense about a matter he formerly prosecuted.

“The attorney general has already decided not to file felony conspiracy charges against Mr. Stevens,” the officials wrote. This was in reference to possible obstruction of justice charges stemming from allegations by McMartin parents that Stevens tried to influence the outcome of the case to enhance a movie deal in which he has an interest.

Years in Prison

The letter notes that the Buckeys face hundreds of years in prison on multiple counts of child molestation and conspiracy, thus lending urgency to the issues that Stevens’ statements have raised relating to suppression of evidence and discriminatory prosecution, the subject of pretrial hearings now before Pounders.

Stevens should be ordered to answer questions about the prosecution’s actions while he was still employed by the Los Angeles district attorney’s office and about his interviews with a Beverly Hills film-making team and with McMartin defense lawyers, the officials said. And, they added, he must turn over documents he has that pertain to the case.

Avoiding Prosecution

If Stevens cooperates, he “will not be prosecuted for conspiracy to obstruct justice, for unauthorized removal of a public record, or for advising the defense about a matter he formerly prosecuted” relating to his testimony or documents, the letter says.

Prosecution for other offenses, such as perjury or contempt, is not ruled out, the letter says, in offering what it labeled “limited transactional immunity.”

It was signed by Atty. Gen. John K. Van de Kamp, Supervising Deputy Atty. Gen. William R. Weisman, Los Angeles City Atty. James C. Hahn and Deputy City Atty. Charles I. Goldenberg.