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‘Freeway Killer’ Appeal Rejected by U.S. Justices : Supreme Court: William Bonin, claiming lawyer had a conflict of interest, is denied a new trial. Fifteen other California Death Row appeals are also turned down.

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TIMES STAFF WRITER

The Supreme Court turned down an appeal Monday from “Freeway Killer” William G. Bonin, who was sentenced to death for murdering 14 teen-age boys in Los Angeles and Orange counties.

On a 7-2 vote, the justices rejected Bonin’s contention that he was denied a fair trial because his lawyer had a conflict of interest. (Bonin vs. California, 88-7381.)

Bonin’s was one of 16 Death Row appeals from California that the justices rejected Monday, but the only one that prompted a written dissent.

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The other appeals challenged jury instructions used in California death penalty cases. Two weeks ago, in a similar case involving Richard Boyde, the killer of a convenience store clerk in Riverside County, the justices on a 5-4 vote upheld the constitutionality of the instructions.

On Monday, they dismissed all appeals raising the same issue.

The high court actions do not mean that Bonin or any of the other Death Row inmates face imminent execution, state attorneys said.

“It will probably be two or three years at least” before Bonin faces death, said California Deputy Atty. Gen. Dane Gillette, who coordinates death penalty litigation.

Attorneys for Bonin can file new appeals on different grounds in federal court in Los Angeles. Even if those actions are quickly rejected, the case moves on to the U.S. 9th Circuit Court of Appeals.

“The 9th Circuit is notoriously slow,” Gillette said, often taking more than two years to rule on an appeal.

Bonin, a truck driver from Downey, prowled the Los Angeles and Orange County areas in a van, picking up teen-age boys. He was convicted of strangling them and dumping their bodies, usually nude, along the freeways in 1979 and 1980.

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As his trial was about to begin in Los Angeles in 1981, Bonin demanded to change lawyers. Prosecutors objected, contending that Bonin was simply seeking a delay. They also said Bonin’s choice, William H. Charvet, had a potential conflict of interest because he had consulted with an accomplice of Bonin who was set to testify against him.

When Superior Court Judge William J. Keene asked Bonin to explain why he needed a different lawyer, the defendant replied: “Personal vibes.”

Though troubled by the request, the judge granted Bonin’s wish to retain Charvet. A jury found Bonin guilty of 10 Los Angeles County murders and he was sentenced to death.

Since then, a new set of lawyers has contended that Bonin’s right “to the effective assistance of counsel” was violated because Charvet had a conflict of interest. They said the lawyer’s work was tainted because he had met with the accomplice and because he had discussed a book deal with Bonin.

In January, the state Supreme Court rejected this appeal on a 6-1 vote. Justice Stanley Mosk said the judge erred by granting Bonin’s request without forcing him to waive his right to appeal the issue. However, Mosk also concluded that the error was harmless, because Charvet had conducted a vigorous defense for Bonin, who was later convicted of four murders in Orange County.

U.S. Supreme Court Justices Thurgood Marshall and William J. Brennan Jr. issued an eight-page dissent Monday, saying Bonin deserved a new trial.

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“Because Bonin stands to be executed, it is imperative that this court ensure that he was fairly tried and sentenced,” they said. “The Sixth Amendment demands that every criminal defendant receive the assistance of a conflict-free counsel.”

Other Death Row appeals dismissed Monday included those of:

Charles E. McDowell Jr., who killed a maid and stabbed a neighbor in a Hollywood Hills robbery.

Darnell Lucky, who shot and killed the co-owners of a Los Angeles jewelry store.

Eric B. Kimble, who broke into a home in the Doheny Estates area of Los Angeles and murdered the couple who lived there.

Robert M. Bloom Jr., who shot and killed his parents and stabbed his stepsister to death.

Charles Moore, who fatally stabbed a Long Beach couple who managed the apartment complex where Moore once lived.

Malcolm Robbins, who kidnaped and murdered a 6-year-old San Bernardino County boy.

Benjamin Silva, who committed a mutilation murder in San Bernardino County.

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