2 Hung Juries : Charges Dropped in Attack on Judge

Charges against a Tarzana man accused of attacking a Van Nuys Municipal Court judge were dismissed Thursday after the Los Angeles County district attorney’s office said it would be futile to try him a third time.

Van Nuys Superior Court Judge Alan B. Haber, who presided over both trials, dropped kidnaping and attempted rape charges against Stephen Andrew Weible, 28. Weible was accused of attacking Judge Leslie Ann Dunn on Jan. 4, 1986.

Noting that Weible’s two trials on the charges ended in hung juries and that there is no new evidence linking Weible to the attack on Dunn, Deputy Dist. Atty. John K. Spillane asked Haber to dismiss the charges.

“It is our position, in all likelihood, the result would not change in a third trial,” said Spillane, who prosecuted Weible’s second trial.

Weible, dressed in a blue suit, said outside the courtroom: “I’m just glad it’s all over. It’s been a very long 2 1/2 years.”

“I will try to find some work. I’ll just take a breather for a while. It’s been very difficult,” said Weible, a former dispatcher for a Canoga Park car dealership.

Weible’s mother said the “long ordeal” has “been very hard on Steve and has had a terrible effect on the whole family.”

“It shouldn’t happen to anyone,” said Nancy Weible, of Tarzana. “When you’re in a situation like this, it is very scary. You’re up against the whole system.”

Dunn declined to comment Thursday.

‘Full and Fair Hearing’

The decision to ask that the charges be dropped was made by David R. Disco, head district attorney of the Van Nuys office.

“The facts in this case have gotten a full and fair hearing before two different juries drawn from the community as a whole and they have failed to reach a verdict,” Disco said. “We would not expect that there would be a different result if a third trial is held.”

The second of Weible’s two trials on the charges ended May 31 with the jury evenly split over Weible’s guilt or innocence after more than two days of deliberation. The first jury to hear the case split 9-3, with the majority voting on Feb. 1 to acquit Weible.

Dunn, 38, testified during the 10-day trial that she was jogging near her Tarzana home when Weible grabbed her, pulled her into his car and drove to the service entrance of Collier Street Elementary School in Woodland Hills, which was closed at the time.

After a struggle, Dunn said, she opened the car door and ran. She said her assailant initially pursued her, then ran back to his car and drove away.

Jurors in both trials cited the lack of physical evidence linking Weible to the crime. Investigators found neither Dunn’s hair nor fibers from her clothing in Weible’s car. And no fibers from the seats or carpeting of the car were found on Dunn’s clothing.

In addition, although Dunn identified Weible as her attacker during two photo lineups, the physical description of the assailant that Dunn gave to police immediately after the attack did not precisely match Weible’s.

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

Dunn testified during pretrial proceedings that she did not recognize Weible from that incident, and authorities said the two cases are unrelated.