Countywide : D.A. Undecided on Whether to Appeal Mannes Case

Ventura County prosecutors said Tuesday that they will take a few days to study the latest court ruling in the Diane Mannes case before deciding whether to appeal to the U. S. Supreme Court.

Kevin J. McGee, assistant chief deputy district attorney, said it would be “an uphill battle” to persuade the high court to even hear the case, much less overrule the U. S. 9th Circuit Court of Appeals. The appeals court ruled Monday that the U. S. Constitution’s double-jeopardy clause prevents the district attorney’s office from retrying Mannes on murder charges.

Mannes was convicted of drunk driving and causing great bodily injury to two young men when she lost control of her Ford Bronco on the Ventura Freeway three years ago. But the jury deadlocked on whether she was guilty of murder in the deaths of three youths.

The 9th Circuit Court ruled that when the trial judge dismissed the case, saying the evidence was insufficient, he in effect acquitted Mannes of murder.

Deputy Dist. Atty. Michael D. Schwartz, who argued the case before the 9th Circuit, said the Mannes case raises issues that the conservative Supreme Court might wish to address.

If prosecutors decide not to appeal, they could still charge Mannes with manslaughter.

Mannes’ attorney, Deputy Public Defender Robert Dahlstedt, said Mannes was pleased by the ruling. “She was extremely relieved . . . she just wants to get this over with,” Dahlstedt said.