Night Stalker Case Defense Fails; County Charges Stand

A judge in Santa Ana refused Wednesday to dismiss rape and attempted-murder charges against Night Stalker suspect Richard Ramirez, despite defense claims that a Los Angeles judge’s order keeping him in the Los Angeles County Jail deprives Ramirez of a speedy trial.

Ramirez was scheduled to be arraigned Wednesday in Orange County Superior Court. But Los Angeles Superior Court Judge Michael A. Tynan on Monday ordered that Ramirez not be transported to Orange County for the hearing.

Tynan was concerned about news reports that Ramirez’s lawyers might ask for an immediate Orange County trial to delay his trial in Los Angeles, where he is charged with 13 murders. The Los Angeles trial is scheduled to begin Feb. 1.

Orange County Superior Court Judge Myron S. Brown on Wednesday issued a warrant for Ramirez’s arrest, which lawyers involved in the case said was necessary to ensure that there would be no dismissal of the charges of attempted murder and rape.

But the lawyers agreed that the delay in Ramirez’s Orange County arraignment ends any chance that the Orange County case could be tried first--unless one side or the other takes action to get Tynan’s order set aside.

That is not likely to happen, they said. Orange County prosecutors do not want to interfere with the Los Angeles trial, which involves more serious charges and a much greater penalty. And Ramirez’s lawyers would rather push for a dismissal of the Orange County case than try to bring it to trial.

If the Los Angeles case is tried first, and Ramirez is given a death sentence, Orange County prosecutors have said they may spare the county the expense of trying Ramirez on the less serious charges. Chief Deputy Dist. Atty. James G. Enright has said skipping the second trial would also spare victims the emotional trauma of testifying again.

The Ramirez lawyers Wednesday accused Judges Tynan and Brown of trampling on their client’s rights. They also accused Orange County prosecutors of “burying their heads in the sand,” instead of taking action to get Ramirez brought to Orange County for arraignment.

But Orange County prosecutors said their sympathies are with the Los Angeles judge. “We can understand why he doesn’t want to let Ramirez come down here,” Orange County Deputy Dist. Atty. Brent F. Romney said.

Ramirez was bound over for trial in Santa Ana two weeks ago on charges of attempted murder, rape, sexual assault, burglary and robbery charges in an Aug. 25, 1985, assault on a Mission Viejo couple--just five days before his arrest in Los Angeles County.

Romney said officials in his office will discuss next week whether they will try to get Judge Tynan’s order set aside so Ramirez can appear in Orange County for his arraignment. But he indicated that it is not likely they will do so, because “we don’t want to do anything to jeopardize that Los Angeles case.”

Prosecutors filed their formal complaint against Ramirez in Superior Court Wednesday. Ramirez now has a right to a trial within 60 days--by Jan. 25.

If neither side makes a move to have Ramirez brought to Orange County for trial before then, Romney speculated, his attorneys will probably file a motion before Judge Brown to have the Orange County charges dismissed.

“But if the case is dismissed, we’ll simply refile our case after the Los Angeles case is over,” Romney said. “Our position is, we’re cooperating with the Los Angeles officials, and we don’t want to interfere with their case.”

Arturo Hernandez, one of Ramirez’s attorneys, said Wednesday that “obviously the politics in the case are playing an important part.”

He and his co-counsel, Daniel V. Hernandez, said the only reason Judge Brown won’t dismiss the Orange County case is that he doesn’t want to risk public criticism for that decision.

Judge Brown was unavailable for comment about their accusations.

“He wouldn’t even make a phone call to Judge Tynan when we asked him,” Daniel Hernandez said of Brown.

The attorneys added that Judge Brown, who met with them and Romney behind closed doors, refused to allow the meeting to be put on the record. “He’s passing the buck,” Daniel Hernandez said.

Ramirez’s attorneys have continually ducked questions about why they would want to take time for a trial in Orange County, when they have assured Judge Tynan they are working hard to prepare a defense in the Los Angeles case. Their only response is that they cannot discuss defense tactics.