Judge Ponders Case for 5 Years, Gives Killer Life : Courts: After being asked in 1986 to impose a punishment promptly, the jurist overturns the recommendation of death for a man who killed two CHP officers.

Adding confusion to an already convoluted case, a judge Friday sentenced a man who was convicted of the 1978 murders of two highway patrolmen to life in prison without parole, and rejected the prisoner’s plea that he be given the death penalty.

Judge Joseph Karesh, who long had balked at giving either sentence to convicted murderer Luis Rodriguez, reached his decision five years--and more than three dozen hearings--after the California Supreme Court directed that he impose a sentence promptly.

Prosecutors, who hope someday to see the original jury’s 1981 death penalty recommendation carried out, charged on Friday that Karesh’s order is invalid because of the long delay.

Deputy Atty. Gen. Ronald Matthias pleaded with Karesh not to impose any sentence and allow him time to ask the state Court of Appeal to remove Karesh from the case. In April, the appellate court, citing the Supreme Court’s 1986 directive that Karesh act quickly, told Karesh to make his decision within 90 days, or relinquish control.

“With all due respect, I don’t care what your reasons are,’ ” Matthias said of the judge’s exceeding the 90-day deadline.

Karesh, apparently growing angry, replied, “I am not only able to hear the matter, I am willing to hear the case.”

Karesh, 83, who is retired, has presided over the case by special appointment since 1979, when then-Chief Justice Rose Elizabeth Bird appointed him. Chief Justice Malcolm M. Lucas has continued the appointment and signed a new order Nov. 7 assigning him to continue hearing the case.

Rodriguez, 35, was convicted in 1981 of killing California Highway Patrolmen Roy Blecher and William Freeman three days before Christmas, 1978, after the officers had stopped him on Interstate 80 just west of Sacramento. Blecher had been handcuffed and shot in the back of the head. Freeman was shot five times, including once in the head.

Rodriguez, whose temporary driver’s license was found at the murder scene, was arrested two days later with his girlfriend, Margaret Klaess, who was his accomplice and later his chief accuser. Klaess decided to testify against Rodriguez when jailers slipped her a love letter that Rodriguez had written to another woman after his arrest. She pleaded guilty to a reduced charge and was sentenced to three years in prison.

In making his ruling, Karesh said he had come to doubt Klaess’ testimony in the 10 years since the trial, and told the courtroom that he had “deep, lingering and continually growing doubts as to the defendant’s guilt.”

Rodriguez contends he is innocent, and that Klaess was responsible for the murders. Rodriguez, however, told the judge in a hearing two weeks ago that he wanted a death sentence. He explained that with a death sentence, his case would get into the federal courts more quickly, and that a federal judge might be more willing to grant him a new trial.

Additionally, with a sentence of life imprisonment without parole, Rodriguez said he likely would be transferred from Death Row at San Quentin to what is perhaps the highest security prison in the state, Pelican Bay in Del Norte County.

In 1986, the California Supreme Court all but upheld Rodriguez’s death sentence, but directed that Karesh independently weigh the evidence to make sure the jury verdict of death was appropriate. The justices wrote that Karesh should act promptly.

Friday, Karesh found the jury recommendation was wrong and Rodriguez should serve a sentence of life in prison without parole.