Judge Disqualified in Trial of Crematory Operator
A judge in the trial of a crematory operator charged with plotting to kill a competitor has been disqualified from the case, the district attorney’s office announced Thursday.
The defendant, David Wayne Sconce, has already pleaded guilty to a number of counts and was sentenced by Pasadena Superior Court Judge Terry Smerling, but still faces the conspiracy charge.
Santa Monica Superior Court Judge Robert Altman ruled Aug. 8 that Smerling should be removed because of an appearance of bias. It is believed to be the first time prosecutors have succeeded in removing a judge from a case since the 1984 revision of a state law covering the disqualification of judges on grounds of the appearance of bias.
Sconce, former operator of the Pasadena Crematorium in Altadena, allegedly plotted in 1985 to kill Elie Estephan to collect Estephan’s life insurance benefits.
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