Defense to Ask Judge to Dismiss Murder Charge

In the wake of a mistrial, the lawyer for a Canoga Park man facing murder and attempted murder charges said Friday he will ask that the case be dismissed.

A San Fernando Superior Court jury deadlocked 11 to 1 on Thursday in favor of acquitting John Taub, 23, of killing a man and wounding a prostitute. Judge Dana Henry then declared the mistrial.

Martin H. Wegman, the Los Angeles County deputy public defender who represented Taub, said he will ask Henry at a May 18 hearing to dismiss the charges.

Taub was accused of killing Randy Deleo, of Los Angeles, and seriously wounding Cary Nolan, 28, an admitted prostitute from Van Nuys, in a 2:30 a.m. shoot-out in his Canoga Park apartment Feb. 3, 1987.

During the six-week trial, Deputy Dist. Atty. Rosalie L. Morton contended that the shooting occurred after Taub refused to pay Nolan for sex. An argument resulted when Deleo tried to collect the money, she said.

But Wegman argued during the trial that Taub shot Deleo in self-defense, because he thought Deleo was reaching for a gun. Nolan was standing nearby and was accidentally shot once in the chest, Wegman contended.

Morton could not be reached for comment Friday on whether she plans to seek a new trial.