Broderick Defense Seeks Non-Local Judge

Elisabeth Anne (Betty) Broderick’s attorney filed a formal challenge Monday to the San Diego bench, contending that no San Diego County Superior Court judge can preside over his client’s murder trial without there being an appearance of impropriety.

Jack M. Earley said that San Diego judges will appear to be biased because one of Broderick’s alleged victims, her ex-husband, was a prominent malpractice attorney and one-time president of the San Diego County Bar Assn. who often fraternized with members of the bench. Earley asked to have the case assigned to a judge from another county.

“The allegations are basically that it’s a close-knit legal community, and that that causes a problem with any judge hearing the case because people fairly well know each other,” Earley said. “By keeping a judge in the county here, they create a legal boondoggle that otherwise would be completely erased. Why would you jeopardize a four- to six-week trial when the easy procedure is to bring someone in from out of county and eliminate all those questions?”

Broderick, 42, is accused of shooting Daniel T. Broderick III, 44, and his 28-year-old wife, Linda Kolkena Broderick, early on the morning of Nov. 5. She has pleaded not guilty, and her trial has been set for July 16.

Judge Jesus Rodriguez did not make Earley’s declaration public Monday, but, after the hearing, Earley summarized it.

Earley said there are people in the legal community who have indicated “that Betty Broderick will burn for this offense.” He noted that Daniel had worked for San Diego’s oldest law firm, Gray, Cary, Ames & Frye, and that some of his former colleagues are now judges. Earley added that one judge, Thomas Ashworth III, had told prosecutors that he feared Betty.

These details would likely “have an effect on the other judges, knowing that prominent members want to make sure that she gets convicted,” Earley said, adding that San Diego judges might be influenced in their decisions because they know their future assignments could depend on how other judges view their conduct.

Earley said he expected that judges would be called as witnesses to testify about Betty’s mental state throughout her divorce. He also plans to challenge decisions made during the Broderick divorce by local judges.

“There was a number of ex parte orders, restraining orders and jailing of Betty Broderick that will be challenged and some judge is going to have to sit and judge credibility,” he said. “They have a power to admit or not admit certain evidence. So there might be evidence that never gets before the jury because they want to save embarrassment for a fellow judge or the court system.”

Rodriguez will rule on Earley’s motion April 25.