VENTURA : Legal Flaws Cited in Murder Prosecution

Citing procedural problems, a Ventura County Superior Court judge tentatively decided Friday to dismiss the murder case against David Wayne Sconce, a Pasadena crematory operator who was accused of poisoning a rival mortician with oleander.

However, prosecutors have said that if the case is dismissed, they will refile the charges.

Judge Frederick A. Jones said there were flaws in the arrangement that allowed two Los Angeles County prosecutors to be special deputy district attorneys in Ventura County in the 1985 death of Timothy Waters.

Jones said he will review attorneys’ arguments further before finalizing his decision next week.

Deputy Dist. Attys. Harvey Giss and James Rogan were overseen by the Los Angeles County district attorney’s office and not the Ventura County office as they should have been by law, Jones said in his tentative ruling.

If Jones finalizes his decision, prosecutors would have to repeat much of the lengthy, complex process required to bring Sconce to trial in Superior Court, including Municipal Court arraignment, preliminary hearing and Superior Court arraignment.

Prosecutors have alleged that Sconce, 34, spiked Waters’ drink with a fatal dose of oleander at a Ventura County restaurant to stop him from spreading word about health code violations at the Sconce family’s Lamb Funeral Home in Pasadena.

If the case is dismissed, Giss has said he will see that the charges are refiled against Sconce and that the proper procedures are followed so he can prosecute the case.