Attorneys in Russ Case Agree to Have Jury Hear Wife’s Diaries

In order to avoid a mistrial, both prosecution and defense attorneys in the murder trial of Charles Russ agreed Monday to allow the controversial diaries of his dead wife to be read to the jury.

Superior Court Judge Michael Wellington, after conferring with the two lawyers, announced that the 600- to 700-page personal journal of the 33-year-old would be read in its entirety to the jury.

Pamela Russ’ body, beaten and apparently run over and dragged by her Mercedes-Benz, was discovered on a lonely stretch of Torrey Pines Road early on the morning of Feb. 1, l987. Her husband was found about two years later living in Florida under an assumed name and is now being tried in her killing.

After the jury had left the courtroom, the judge explained that the court was “in an awkward position” because defense attorney Bill Youmans, in his opening statements to the jury, had referred to statements in the diaries to support the contention of the Charles Ross that his wife was aware of his financial problems and dealings and that the couple was planning to move to Australia. Those statement were later ruled hearsay and not admissible.

On Friday, Wellington had ruled that excerpts from the diary were hearsay and would not be read. But Monday, Wellington said that the entire content of the diaries would be admitted under rules of evidence that allows hearsay, unsubstantiated out-of-court evidence, if attorneys on both sides agree.

“The bell has been rung,” the judge said, “and the jury inarguably is curious about what is in those diaries.” The reading of the diaries will begin today.

Prosecutor Mark Pettine said the diary-reading would “let the jury members decide the truth of the matter about what is in those diaries.”

Pettine contends that the diaries contain no statements supporting Russ. Youmans contends that the diaries bear out Charles Russ’ statements about events leading up to the killing.