Judge Denies Request to Move Broderick to Jail Downtown

The judge presiding over the murder trial of Elisabeth Anne (Betty) Broderick denied a motion Thursday to have her moved from one jail to another because of what her attorney called inhumane treatment by a “goon squad” of deputies.

Defense Atty. Jack Earley sought to have Broderick moved from the Las Colinas jail in Santee to the Metropolitan Correctional Center in downtown San Diego after Broderick and sheriff’s deputies engaged in a late-night scuffle at Las Colinas on Sept. 1.

The San Diego County Sheriff’s Department said three deputies were injured in the fracas, which occurred when Broderick was ordered into isolation as punishment for an earlier incident.

Earley disputes those claims, and the allegation by deputies that, in retaliation, Broderick smeared her own feces around her cell. Earley has said he wants Broderick to be moved because treatment by the deputies at Las Colinas constitutes “a serious danger to her life.” He described the three deputies involved in the struggle as a “goon squad,” saying they have consistently harassed Broderick.

After the incident, Deputy Michelle St. Clair, 25, who strained a shoulder in the scuffle, announced that she would sue Broderick for $25,000 in damages. St. Clair’s attorney released a videotape of the incident, which was shown on local television.

It shows Broderick, wearing green underpants and a gray jail sweat shirt, kicking, screaming and wrestling with deputies.

Broderick, 43, a former La Jolla socialite, is charged with two counts of murder in the Nov. 5, 1989, shooting deaths of her ex-husband, Daniel T. Broderick III, 44, and his new wife, Linda Kolkena Broderick, 28.

Her first trial ended in a hung jury last fall.

Judge Thomas J. Whelan said the injuries sustained in the jailhouse incident had nothing to do with the criminal case against Broderick. He also said Earley had failed to show that Broderick’s health or safety had been jeopardized at Las Colinas.

Charles W. Ervin, the assistant legal adviser for the Sheriff’s Department, said Broderick had been a problem at the jail since being arrested.

“She has a discipline package an inch thick,” he said.

Jury selection in the trial resumes Monday.