2nd Mistrial Declared in Attack on Judge

The second trial of a man accused of attacking a Van Nuys Municipal judge ended Tuesday with the jury evenly split over his guilt or innocence.

After more than two days of deliberation and three ballots, the jury foreman said that further attempts to reach a verdict would be useless, and Van Nuys Superior Court Judge Robert M. Letteau declared a mistrial in the case against Stephen Andrew Weible, 28, of Tarzana.

Weible is charged with kidnaping and attempted rape in the Jan. 4, 1986, attack on Judge Leslie Ann Dunn. The first jury to hear the case deliberated for nearly three days, and on Feb. 1, split 9 to 3, with the majority voting for acquittal.

Prosecutors, noting the serious nature of the charges, sought a new trial.

On Tuesday, defense attorney Barry Levin asked the judge to dismiss the charges against his client.

“No jury could arrive at a decision,” Levin said. “Mr. Weible should be able to return to a normal way of life and not return for a third, fourth and fifth trial.”

Levin said that the only reason the district attorney’s office would pursue the case further is that the victim is a judge--a contention that Deputy Dist. Atty. John K. Spillane denied.

“We’re dealing with serious charges and an eyewitness to some events in which she had a tremendous amount of time to make an identification,” Spillane said.

Letteau gave the district attorney’s office until June 9 to decide whether it will seek a new trial. The judge could dismiss the charges at that time even if prosecutors decide to go forward.

Spillane said he would review the evidence with his superiors who will make the decision in the next week. However, he said it is not unusual for cases to be retried three and four times.

Dunn, 38, testified during the trial that she was jogging near her Tarzana home when Weible grabbed her, pulled her into his car and drove to a Woodland Hills elementary school.

“That is the man who attacked me,” Dunn said, looking over at Weible. “A woman doesn’t forget the face of a man who is about to rape her. I have no question whatsoever. I will never, never forget his face.”

Dunn said she struggled with Weible and eventually was able to open the car door and flee.

The seven-woman, five-man jury “was evenly divided all the way down the line, from the first day,” said jury foreman Karen Jackson, who voted to acquit Weible.

Jackson said that some jurors believed that Dunn mistakenly identified Weible. And other jurors questioned the testimony of an alibi witness who said the defendant was home at the time the crime was committed, Jackson said.

In 1982, Dunn sentenced Weible to probation and counseling after he pleaded no contest to a reduced charge of disturbing the peace. He had been charged with misdemeanor battery.

Authorities said the two cases are unrelated, and Dunn testified that she did not recognize Weible from that incident. Dunn, who was not at the trial Tuesday, could not be reached for comment.