CAMARILLO : Decision Delayed in Drunk Driving Case

A Superior Court judge postponed his decision Friday on whether Diane Mannes, who killed three young men while driving drunk on the Conejo Grade 2 1/2 years ago, should remain in custody while a federal appeals court decides if she can be retried for murder.

The jury at Mannes’ first trial deadlocked on second-degree murder charges but convicted her of causing great bodily injury to two other youths injured in the incident.

She was sentenced to four years in prison and is to be released Oct. 29.

Judge James McNally heard arguments from the Ventura County district attorney’s office and the public defender about whether Mannes will be a public danger if she is released. She was driving with a 0.20% blood alcohol level when the fatal crash occurred, 1 1/2 days after a drunk driving arrest in Los Angeles County.

McNally said he will rule by Wednesday.

Deputy Dist. Atty. Donald C. Glynn sought continued custody on the public safety issue and on the argument that if Mannes stays in custody, she can credit time served toward what he called a likely future conviction.

He requested that she be taken into custody upon her release and held on $250,000 bail.

Glynn said he believes Mannes could face two to 11 years, depending on what she is convicted of.

Deputy Public Defender Neil B. Quinn disagreed that Mannes would be a danger to the public, and added he doubts that a future conviction is likely. Furthermore, he said, Mannes’ right to due process of law would be violated.

“Bail cannot be set for preventive detention intended to keep a person incarcerated, he said.”

The debate over keeping Mannes behind bars comes after the U.S. District Court in Los Angeles ruled in February against Dist. Atty. Michael D. Bradbury’s intention to press murder charges. The District Court said the judge in Mannes’ first trial had effectively dismissed murder charges against her. Bradbury says he will appeal that ruling.

Linda Oxenreider, mother of 19-year-old Joshua Oxenreider, one of the three youths killed in the accident, suggested that the public defender was attempting to make political gains from the case.

“They care not whether she’s guilty of killing three people and injuring two others,” Oxenreider said after the hearing. “The public defender is just going above and beyond the call of duty--they want to get one up on the D.A.,” she said.