VENTURA : Health Problems Again Block Trial

A judge ruled Tuesday that an 85-year-old man charged with sexually molesting three girls is presently not able to withstand a trial because of health problems.

After previous continuances, Superior Court Judge James McNally again continued the case of Albert L. Timms of Ventura until March 22. Timms, who suffers from coronary disease, emphysema and diabetes, was not present for the ruling Tuesday. However, in the past he has appeared in court in a wheelchair. He also is hard of hearing, his attorney said.

McNally also refused to order Timms to undergo a surgical procedure to have a pacemaker installed. A doctor had indicated that a pacemaker would improve his health, but the judge said that was beyond the jurisdiction of the court.

Timms is charged with molesting the children between 1987 and 1989. All of the girls were under the age of 10 when the molestation allegedly occurred at his home. The allegations surfaced during April, 1992, after one of the girls told her mother, according to court documents. Timms pleaded not guilty to the charges Aug. 6.

Timms’ attorney, James Farley, sought a continuance of the trial based on doctors’ reports that a trial would jeopardize his client’s health. McNally ruled that the stress of going to trial could endanger Timms’ life.

Farley said after the hearing that the continuances “could go on forever.”

But Deputy Dist. Atty. Gary Barrett wants to proceed to trial. “The people and the victims have a right to dispose of this case,” he said. “His attorney is demanding his (client’s) right to be there, but he also is saying he is unable to be there.” If Timms is willing to undergo treatment to improve his health, then there should be a reasonable delay before the trial, Barrett said.

The trial cannot be held in Timms’ absence unless the judge finds the defendant is willfully absenting himself from the trial. McNally did not rule on that Tuesday. He said he would review the case on March 22 to consider Timms’ health and find out whether he has decided to have the pacemaker operation.