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Jury Acquits Murderer in Jail Escape

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Times Staff Writer

A convicted murderer persuaded an Orange County jury Friday that he should be acquitted of escape charges, because he had been beaten and had fled for his life.

The Superior Court verdict, which stunned the Sheriff’s Department, came in the escape trial of Ivan Von Staich, who has been serving a 37-years-to-life sentence for the 1983 claw-hammer attack on his girlfriend and the murder of her husband.

Von Staich escaped on Jan. 26, 1986. Apprehended in Massachusetts about a month later, he claimed that he had been beaten by Orange County sheriff’s deputies who serve as jail guards.

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He acted as his own attorney in the escape trial, using a rare, seldom-successful legal interpretation called “defense of necessity,” as his justification for escaping. The defense allows acquittal on an escape charge if the escapee can prove several things, including that his or her life was in danger.

At the time of the escape, Von Staich was in the Orange County Jail awaiting sentencing for his previous crimes. He will now be sent to state prison. His victory Friday means that he will not have more time added to his sentence.

“I am completely astounded at the decision,” said Lt. Richard Olson, spokesman for the Sheriff’s Department.

Deputy Dist. Atty. William Overtoom, the prosecutor, said he was “disappointed” and believed that “the jurors were confused” by the complex case.

In closing arguments, Overtoom acknowledged that Von Staich had been beaten in jail but did not confirm Von Staich’s contention that he was beaten by deputies.

Jurors acknowledged in interviews that they did not believe all of Von Staich’s testimony. But they said the prosecution failed to disprove many points Von Staich raised, including his remarks about being beaten.

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“We knew he was a convicted felon, but all of us on the jury decided he should be treated as innocent (of the jail escape charge) unless we found a preponderance of evidence against him, and we did not,” said jury foreman Kevin Paul Little, 23, of Garden Grove.

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