3 Children Refuse to Testify in McMartin Case; 27 Counts Cut

Three remaining child witnesses in the McMartin Pre-School molestation case refuse to testify, forcing prosecutors to drop 27 sex counts against Raymond Buckey and his mother, Peggy McMartin Buckey, leaving 72 counts, a judge was told today.

Deputy Dist. Atty. Lael Rubin said the absence of the children would force the prosecution to drop the molestation counts against the pair.

The disclosure was made after Superior Court Judge William Pounders reported that one juror was asking for a clear estimate of how much longer the trial would last.

“The three remaining children will not be testifying at their own request,” Rubin said, noting this would substantially shorten the prosecution’s case.

She said two of the youngsters continued to have “very strong nightmares,” and one has returned to therapy. They are frightened and believe it wouldn’t be in their best interest to appear in court, she said.

The two boys and one girl had been expected to wind up the prosecution’s case in the trial, which has been under way for 18 months. Another girl refused recently to testify, saying she just didn’t want to appear in a courtroom.

Rubin said the prosecution will now rest within one month. Defense attorneys said they will tell the judge Tuesday how long they estimate their case will take.