Prosecutors Question Plan to Transfer 2 Murder Cases

Several prosecutors in the district attorney’s office expressed concern Wednesday that a decision to transfer two high-profile murder cases to new judges could delay the trials and cost taxpayers added money.

One of the cases is that of alleged serial killer Cleophus Prince. Prince, whose trial was to begin in February, faces the death penalty if he is convicted of killing six Clairemont-area women in 1990 and early 1991.

His case and that of John Morency, who is accused of poisoning his wife with strychnine in order to collect insurance money, were moved after Superior Court Presiding Judge Arthur Jones decided to reassign Superior Court Judge Michael D. Wellington to Juvenile Court. Wellington had been handling all aspects of the two complicated cases for more than six months.

Superior Court Judge Frederic Link, the supervising judge of the criminal division, announced the decision after hearing spirited arguments from prosecutors in the cases of Prince and Morency.

Defense attorneys did not object to having their cases taken out of Wellington’s court.

In documents filed in Link’s court, Dan Lamborn and Rick Clabby, the deputy district attorneys prosecuting Prince, argued that reassigning their case to Superior Court Judge Charles R. Hayes would delay proceedings two months and cost county taxpayers $100,000.

Link disagreed, saying he was not sure how they arrived at the monetary figure.

“Motions originally scheduled to start in December will in fact begin in December,” he said.

Link said previously argued legal decisions will not have to be re-litigated in front of the new judge.

“We’re very disappointed because in our minds it does mean time will be wasted,” Lamborn said.