Mistrial Declared in Rader Case : Juror Holds Out to Free Accused Killer of Valley Family

A juror holding out for acquittal today forced a mistrial in the prosecution of Harvey Rader, a one-time Reseda auto dealer accused of killing a San Fernando Valley family of four in 1982.

But prosecutors vowed to re-try Rader, possibly as soon as next month.

The mistrial, declared by Los Angeles Superior Court Judge Lorna Parnell, prompted a relative of the victims to burst into tears in the courtroom’s back row.

Several jurors said after they were dismissed that the lone holdout, who avoided reporters, insisted that prosecutors had not presented enough evidence against the defendant.

Bodies Never Found

Rader, 47, became a suspect shortly after the murders of Sol Salomon, his wife, Elaine, and their two children, Michalle, 15, and Mitchell, 9. Their bodies were never found and Rader has steadfastly proclaimed his innocence.

Sol Salomon had a business relationship with Rader that soured, according to Los Angeles Deputy Dist. Atty. Lonnie A. Felker, who prosecuted the case.

Rader was arrested in 1983 after his cousin, Ashley Paulle, told Los Angeles authorities that Rader killed the Salomons and that he had been Rader’s accomplice.

Paulle told authorities that Rader shot Sol Salomon, beat Elaine to death, killed Mitchell with a baseball bat and strangled Michalle.

Initially, the district attorney’s office gave Paulle immunity in return for his testimony against Rader. But it later revoked that promise and sought to prosecute Paulle as well.

But a court here later threw out the case against Paulle, ruling that the district attorney’s office had improperly revoked the immunity promise.

Remained in London

Since then, Paulle has returned to his native London and refused to return to the United States.

The jury had deliberated for about three weeks before reaching what the judge called “a hopeless” deadlock.

“A hung jury is not a very satisfactory result,” Parnell said, adding, however, that she had no other choice.

“I don’t think justice was done in this case,” Margaret Malarowitz, mother of Elaine Salomon, said outside court. “He (Rader) has no right to walk the streets. I’ll never stop. I’m going to see that justice will be done.”

In court, Malarowitz had burst into tears after the jury foreman told Parnell that the panel of six men and six women had deadlocked at 11-1 in favor of conviction.

Felker was out of town on vacation, but Deputy Dist. Atty. Pamela Ann Ferrero, who stood in for him, said a pretrial proceeding in the re-trial has been set for Sept. 14.

Los Angeles Deputy Public Defender Mark Lessem, who defended Rader, said his client was “disappointed,” adding: “We had hoped to win.”

Rader, a British subject, was returned today to the County Jail, where he has been held without bail since his arrest last summer after he completed a federal prison term for passport fraud.