New Attorney Takes On Broderick Defense

Elisabeth (Betty) Broderick’s lawyer, Mark A. Wolf, said Thursday he had withdrawn from her case in favor of an experienced Orange County defense attorney because Broderick was worried that no San Diego lawyer could handle her murder case fairly.

Jack M. Earley, a Newport Beach lawyer who has spent 10 years specializing in homicide defense, officially took over the case late Wednesday, Wolf said.

Wolf said he had “uncovered a number of what I anticipate will be embarrassing revelations” involving the San Diego bench and bar in his two months on the case. Because Broderick was not comfortable with the idea of a San Diego lawyer coming forth with those “revelations,” he and Broderick decided he should get out, he said.

“To be quite honest, (Broderick) was concerned there was nobody in San Diego County who could effectively approach the presentation of material that would be embarrassing to members of the bench and bar here,” Wolf said. “It was a concern of hers.”

Broderick is charged with murdering her ex-husband, Daniel T. Broderick III, and his new wife, Linda Kolkena Broderick, in the bedroom of their Hillcrest home Nov. 5. She has pleaded not guilty and is being held without bail in the County Jail at Las Colinas.

Daniel Broderick, trained as a lawyer and doctor, was a wealthy medical malpractice attorney and a past president of the San Diego County Bar Assn.

Earley said Thursday that he hoped to be familiar enough with the case so that Broderick’s Feb. 13 preliminary hearing in San Diego Municipal Court, pushed back once already, will not have to be delayed again.

However, he said, “I probably won’t be (ready), even though I’m going to try to meet that date.”

Earley also said a “concern” of his “was whether the case should stay in San Diego.”

“Obviously there’s going to be a change of venue motion because of publicity,” Earley said. “There’s also the question because of whether, because of Dan’s friendship or knowledge of judges, the case should remain in San Diego or whether the local bench should (excuse) itself. That is a concern.”

He said he is not sure when the request to move the case out of San Diego will be made, but said that it will most likely not be until after the case reaches Superior Court, months from now.

Earley will be Broderick’s third attorney in the case. San Diego lawyer Ronald Frant represented her immediately after the killings but gave way to Wolf shortly afterward.

Wolf, who said he spent his two months on the case working “90-hour weeks,” said he was mindful that Broderick, who employed several attorneys in her divorce case, had a reputation for disposing of lawyers.

“Everybody is, I think, prone to say that Betty has a history, a reputation, of going through attorneys,” Wolf said. “I don’t want to give the impression that’s what she’s doing at this point. I think this change is in her best interest and will make her feel comfortable with her representation.”