Broderick Trial Moved Again, From Vista Back to S.D.

The murder trial of Elisabeth (Betty) Broderick was moved Wednesday for the second time--from Vista back to San Diego--but a Vista judge remains the trial judge.

Broderick, 42, of La Jolla, is charged with killing her ex-husband, Daniel Broderick III, 44, a prominent medical malpractice lawyer, and his new wife, Linda, 28, on Nov. 5.

The case was moved to Vista Superior Court on May 16 after Broderick’s attorney, Jack Earley, had said he would challenge the right of all San Diego Superior Court judges to hear the case because of the prominence of Daniel Broderick, who was a former president of the local bar association.

After the case was assigned to Vista Judge Franklin Mitchell Jr., Earley said he did not want Broderick tried in Vista and preferred San Diego of the two choices.

On Wednesday, San Diego Superior Court Judge Jesus Rodriguez granted a joint motion from both the prosecution and defense to return the trial to San Diego.

Rodriguez, who was the judge who transferred it to Vista, kept Mitchell on as trial judge.

However, Earley said late Wednesday that he has filed a motion to keep Mitchell from taking the case. No date has been set for hearing the challenge.

The trial date of Sept. 18 will remain the same.

Meanwhile, Mitchell will hear pretrial motions in Vista. He will travel to downtown San Diego when the trial begins, if he remains the judge on the case.

Earley said one reason he prefers San Diego to Vista is that the witnesses are in San Diego. He also said potential jurors in North County have different lifestyles than in San Diego.

Daniel and Linda Broderick were found shot to death in their bedroom. The slayings are believed to have occurred at 5:30 a.m. while they slept.