Death Sentence Voided in Murder-for-Hire Case

The state Supreme Court on Thursday overturned the death sentence in a Los Angeles County murder-for-hire case, ruling unanimously that the judge improperly had failed to conduct a formal hearing on the defendant’s mental competence to stand trial.

The justices held that John Marks, a 31-year-old drifter known by six aliases, is entitled to a new trial on charges that he agreed to murder his stepsister’s husband, Ronald L. Moore, for $10,000 in November, 1980.

The court said that once the question of competence was raised, Marks had the constitutional right to a hearing on the issue--even though his lawyer eventually concluded that the defendant was mentally able to participate in his own defense.

“This important right (to due process) would be subverted if the trial court could proceed to trial without first finding on the record that the defendant is competent,” Justice David N. Eagleson wrote.

The justices noted that other procedural errors took place in the case that might also have required the reversal of Marks’ murder conviction and death sentence.

Among other things, the court said, the jury “inexplicably” was not required to specify whether Marks was guilty of first-degree or second-degree murder and was given “highly questionable” instructions on how to determine whether Marks was involved in a conspiracy to murder the victim.

State Deputy Atty. Gen. Sharlene A. Honnaka said that while Thursday’s decision would allow Marks to be retried, it may be difficult to locate the original witnesses in order to reassemble the 8-year-old case. Honnaka acknowledged that a question may arise over whether Marks can be retried for first-degree murder, a requisite to the death penalty.

In pretrial proceedings in April, 1981, Marks’ attorney, Federico A. De La Pena, expressed doubt that the defendant was mentally able to assist in his own defense.

According to records in the case, Marks, after a previous arrest for several robberies, had been examined at Patton State Hospital and was found by one psychiatrist to have the mental development of an 8-year-old child. Mark also told probation authorities that he had used LSD about 100 times.

Los Angeles Superior Court Judge Sam Cianchetti, agreeing there were grounds for an inquiry, appointed two psychiatrists to examine Marks and set a special hearing to see whether he was fit for trial.

But later, after the two psychiatrists had found Marks competent, De La Pena said he thought that the matter was “resolved” and asked that the judge who was presiding at the time to set aside the issue. The judge did so.

Later, the case proceeded to trial before a third judge, Los Angeles Superior Court Judge Eric E. Younger.