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Defendant’s Murder Conviction Overturned; New Trial Is Likely

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TIMES STAFF WRITER

An appellate court has overturned the first-degree murder conviction of a Los Angeles man found guilty in the shooting death of an acquaintance whose body was dumped in San Juan Capistrano.

The ruling means that Luther Austin Edmonson will probably get a new trial if the Orange County district attorney’s office decides to pursue the case.

In a decision issued Tuesday, the 4th District Court of Appeal found that Edmonson was unfairly denied a request to continue his trial after being granted permission to represent himself by Orange County Superior Court Judge David H. Brickner.

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“We hold the court abused its discretion in refusing to hear the continuance motion,” the appellate decision read. “The motion itself was based on good cause . . . a legitimate need for time to obtain the defense file, prepare the defense case and consult with newly appointed counsel.”

Edmonson, who was 41 at the time of the March, 1988, incident, was convicted of shooting to death Eddie Jerome Greene, 55, of Los Angeles and dumping his body in a ditch near Rancho Viejo Road in north San Juan Capistrano.

Prosecutors claimed Edmonson killed Greene over a stolen wallet. Court records show that Greene was shot four times in the head and twice in the shoulder and that blood was found in Edmonson’s car.

Dissatisfied with his defense attorney, Edmonson in February, 1989, received permission to represent himself in the trial with the help of a court-appointed legal adviser. The day the adviser was appointed, Edmonson requested that the trial be continued for another week, allowing the new attorney to familiarize himself with the case and giving Edmonson time to complete further research of the evidence from jail.

Judge Brickner denied the request. The Court of Appeal found the denial inappropriate because the new attorney was not able to effectively cross-examine witnesses.

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