Father, Son Held in 5 Killings Fight Extradition

A father and son facing murder and kidnaping charges in the ritualistic slaying of a five-member Ohio family refused Thursday to comply with a governor’s warrant authorizing their return to the Midwest.

The attorney for Jeffrey Lundgren, 39, a reputed cult leader, and his 19-year-old son, Damon, now have 10 days to file a petition for a writ of habeas corpus challenging the order.

But that deadline can be extended should the defense need more time to review the information in the case, said John Hewicker, a San Diego County deputy district attorney.

The Lundgrens, who have been jailed in San Diego since their arrest last month in National City, were dressed in blue prison uniforms and remained silent throughout the 15-minute hearing before Municipal Judge William Woodward.

Hewicker said the case will now go to Superior Court, where a judge will decide either to deny the petition or grant the writ.

“If the court denies the petition, we could have agents out here to pick them up within three weeks,” Hewicker said.

The prosecutor said that if the Superior Court grants a hearing on the writ, it could take up to six weeks before the two could be forced to return to Ohio.

But Hewicker said that even if the writ if denied, the case can still be appealed.

However, Hewicker said he does not foresee any problem in eventually returning the pair to Ohio.

Lundgren, his wife, Alice, 38, and their son were arrested on fugitive allegations outside a National City motel following a nationwide manhunt for 13 members of a cult indicted in the Ohio slayings.

Alice Lundgren waived extradition and was returned to Ohio, where she has pleaded innocent to charges of complicity to aggravated murder, conspiracy and kidnapping.

Lundgren and his son are charged with aggravated murder and kidnapping.

The elder Lundgren faces the death sentence if convicted of charges stemming from the slayings of Dennis Avery, his wife, Cheryl and their three daughters, Hewicker said.

The family’s bodies were found in early January buried under a barn on a farm in Kirtland, Ohio. Lundgren and his followers had lived on the rented farm until leaving last April, when authorities believe the family was killed.

Reputed cult members Kathryn Johnson, 36, and Daniel David Kraft, 25, who were arrested in eastern San Diego County, are scheduled to be in court today for a hearing regarding the status of their extradition proceedings.

They are also fighting extradition and remain jailed without bail in San Diego.

Eight other cult members face charges in the case.

Jeffrey Lundgren formerly was a lay minister in the Reorganized Church of Jesus Christ of Latter Day Saints before being defrocked in January, 1988, for radical teachings, according to church officials.

He later formed the sect, persuading some former church members to follow him.