Judge Second-Guesses Instructions to Jury

After a monthlong trial, the judge in a Ventura County bombing case expressed concern Wednesday that the jury may not have been instructed properly before beginning its deliberations.

Superior Court Judge Allan L. Steele made the comments after the first full day of jury deliberations in the case of a Moorpark man accused of trying to murder his wife’s ex-husband.

In a series of communications to the judge, jurors said they do not know how to apply an aiding-and-abetting theory to the case against James R. McKeever, 43, who is charged with trying to kill a Simi Valley couple with a homemade pipe bomb thrown into their home Nov. 21.

“If we believe the defendant contributed to the bombing but did not deliver the bomb, can we decide guilty?” the jury asked in a note to the judge.

In response, Assistant Public Defender Jean L. Farley asked Steele to withdraw the aiding-and-abetting instruction that he gave the jury. “I think the damage is not capable of being repaired, but I certainly would like to act as quickly as possible,” Farley said.

Deputy Dist. Atty. Donna W. Thonis argued that the instruction was proper. She said her case was based on the theory that McKeever built the bomb, not that he necessarily threw it.

“My evidence never, ever, ever said that Mr. McKeever delivered the bomb personally,” Thonis said.

Before jury deliberations, Steele granted Thonis’ request to give the aiding-and-abetting instruction, after Farley suggested to the jury that McKeever’s two herniated discs would have prevented him from throwing a bomb into a house.

On Wednesday, Steele said he is not certain he should have done that, since Thonis presented no evidence during the trial to show who might have thrown the bomb if not McKeever.

“If you can’t point to the person who actually did the deed, then can you give aiding-and-abetting (instructions)?” the judge asked.

Steele, who hopes to resolve the issue in a hearing today, ordered Thonis to find legal authority for letting the jury consider an aiding-and-abetting theory.

The victims of the blast were John Monroe and Charlene Mayer, both of whom were injured. McKeever’s wife, Karen Dunlop, was once married to Monroe, and the former couple were engaged in a battle over custody of their 7-year-old son.