Maniscalco Prosecutor Accuses Defense of Delay : Court: He wanted the retrial on triple-murder counts to begin this week, but the suspect’s attorneys win more time. Also, the judge wants to be off the case this time.

The prosecutor in the Thomas Maniscalco triple-slaying case lambasted defense attorneys Tuesday for seeking to delay a retrial, accusing them of dragging out the case to keep themselves on the public payroll.

At a hearing to discuss a trial date, Deputy Dist. Atty. Richard M. King argued that further delays would give the defense more chances to keep their “gravy train” of legal motions going.

Maniscalco attorney Joanne Harrold said outside court that King’s accusations “are just a bunch of crap.”

Maniscalco, 45, is accused of murdering three people in a Westminster house during Memorial Day weekend, 1980, because of a feud over drugs and counterfeit money. His first trial, which ran a record 17 months, ended last week in a mistrial when jurors reached an impasse, voting to convict, 10-2.

King wanted the retrial to begin this week, but he has encountered stumbling blocks, including the desire of Superior Court Judge Kathleen E. O’Leary, who presided over the first trial, to be off the case this time. She worded it delicately Tuesday, stating what her procedures would be “if I am unsuccessful in getting this case reassigned to another judge.”

If Presiding Judge Leonard Goldstein agrees to reassign the case, it could mean that the defense could reopen most or all of its legal motions on which O’Leary has already ruled. The defense made most of the case’s 377 motions.

While O’Leary did not state her reasons for wanting off the case, Harrold said later: “I’m sure she’s just exhausted. I don’t blame her.”

Even if O’Leary stays on the case, Harrold told the court that she may have up to 30 motions to be heard before a second trial. Harrold and co-counsel Andrew Roth asked O’Leary to begin hearing those motions Dec. 17. Prosecutor King was outraged.

“That’s five weeks away,” he said. “They just want to drag out this case and drag out this case.”

The judge agreed that it would be improper to wait that long. But she did agree to give the defense until Friday to list the motions that would have to be heard from scratch again.

Maniscalco and Daniel Duffy were arrested in the slaying in 1984. Their trials were delayed year after year because of courthouse wrangling over legal motions. Also, the judge who was finally assigned the case committed suicide because of poor health.

Duffy’s trial is pending. Both have remained in Orange County Jail since their arrest.

Harrold, Roth, their investigators and support staff are appointed by the court, which means that their fees and expenses are paid by the taxpayers. The public tab for both Maniscalco and Duffy has been running for more than six years.

In answer to King’s remarks about the defense dragging out the trial, Harrold said: “If we proceed the way King wants us to, it will only result in another mistrial.”