Judge in Brando Case Removed on Challenge

Prosecutors, upset about the lowering of bail for Christian Brando, filed an affidavit of prejudice against the judge on Tuesday, which automatically removes him from presiding at the murder trial of actor Marlon Brando’s oldest son.

Superior Court Judge David Perez--who last month lowered Brando’s bail from $10 million to $2 million--was immediately replaced by Superior Court Judge Robert Thomas. Both judges are assigned to the Santa Monica courthouse.

Christian Brando, 32, is charged with murdering his half-sister’s boyfriend on May 16, which could bring a penalty of up to 25 years to life in prison if convicted. The self-employed welder has admitted the shooting, but claims it was an accident.

Prosecutors and defense attorneys are entitled to one peremptory challenge of a judge, without detailing their reasons or proving the truth of their allegation that the judge would not be impartial.

Deputy Dist. Atty. William Clark, the co-prosecutor in the case, said that the dramatic drop in bail was a major factor in the decision to seek Perez’s removal.

Initially, prosecutors argued for and received their request that Christian Brando be held without bail. It was later set by Municipal Judge Larry Fidler at $10 million.

Brando was released from jail in mid-August after Perez lowered bail to $2 million, amid dramatic public comments by the elder Brando that his son was “no mad-dog killer.”

The actor put up his $4-million home as security so his son could be free while awaiting the trial, which is set for October.

“We were upset because of the reduction of bail,” Clark said. “Christian Brando would not think twice about having (his father) lose his house. Marlon Brando could make enough money on one film before the end of the year to buy another house,” Clark said.

The hilltop home on Mulholland Drive was the site of the fatal shooting of Dag Drollet, 26, the lover of Christian Brando’s half sister, Cheyenne Brando, 20. She has since given birth to Drollet’s child in Tahiti.

The lead prosecutor, Deputy Dist. Atty. Steven Barshop, was out of town and unavailable for comment.

Neither Perez nor Christian Brando’s attorney, Robert Shapiro, could be reached for comment.

Santa Monica Supervising Judge David Rothman said he could not comment on a pending case, but confirmed that he reassigned the Brando case to Thomas on Tuesday after the affidavit of prejudice was filed against Perez.