Judge Delays Sentence in Gay Bashing Case : Courts: He also asks the district attorney’s office to consider prosecuting a lawyer and Laguna Beach city officials whom he said tried to influence him.

A Superior Court judge Friday delayed sentencing two men convicted of brutally beating a Costa Mesa man they thought was gay, then took an action that surprised the courtroom.

Superior Court Judge Everett W. Dickey announced that he wanted the district attorney’s office to consider prosecuting a Laguna Hills lawyer and Laguna Beach officials whom he said tried to influence his decision on punishment.

Dickey harshly criticized lawyer Eric P. Lampel and the Laguna Beach City Council for letters they sent to him, urging that he impose strong sentences against Jeff Michael Raines, 19, of San Juan Capistrano and Christopher Michael Cribbins, 22, of San Clemente.

Dickey said such letters sent directly to a judge without the knowledge of prosecutors or defense attorneys violates state law. While acknowledging that judges often overlook violations of the law by well-meaning citizens, he said Lampel and the Laguna Beach’s city officials should have known better.

“I intend to disregard those letters, because obviously the court does not sentence in response to public outcry,” Dickey said.

Raines and Cribbins pleaded guilty in August to the Jan. 9 beating of 55-year-old Loc Minh Truong of Costa Mesa on a beach near three Laguna Beach bars popular with homosexuals.

Police said Truong’s attackers pushed him down onto a rocky shelf of beach and stomped on his head. The attack against Truong, who says he isn’t gay, drew widespread attention and galvanized a community that has long been wary of “gay bashing.”

In recent weeks, Lampel, a civil lawyer uninvolved in the case, organized a campaign that collected signatures and comments from people throughout the state on more than 3,000 form letters he had drafted.

The letters urge the judge to impose the maximum sentences allowed against Raines and Cribbins. Lampel then notified local news media when he delivered the letters to Dickey’s courtroom on Oct. 1.

On Wednesday, the Laguna Beach City Council likewise sent a two-paragraph letter to Dickey “to advise you of our concern for stringent sentencing. . . . Serious punishment for perpetrators of attacks on individuals solely because of their sexual orientation will help deter similar crimes in our community in the future,” said the letter signed by Mayor Lida Lenney.

While he would not comment on Dickey’s accusations, deputy Dist. Atty. Craig McKinnon said that letters to a judge are supposed to be sent to the county probation office, which then distributes them to both prosecuting and defense attorneys to ensure fairness.

Sending letters directly to the judge is a misdemeanor with a maximum penalty of one year in jail, McKinnon said.

Because he had received the letters, Dickey offered to disqualify himself from the case. But prosecution and defense attorneys expressed confidence that he could render a fair sentence.

Before his surprise announcement, Dickey said he was delaying sentencing for 90 days and referring Raines and Cribbins for testing at a state facility. Because the two are “relatively youthful” and have no “substantial” criminal records, Dickey said he wanted them to be evaluated at the Reception Guidance Center at Chino State Prison before imposing sentence.

“I think I should have the opportunity to have the Department of Corrections’ diagnosis before proceeding with sentencing,” Dickey said, setting a sentencing date of Jan. 7.

Both Raines and Cribbins, who pleaded guilty in August and had been free on bail, were taken into custody after the hearing.

Raines faces up to 11 years in prison on charges of attempted murder and assault with intent to do great bodily injury. Cribbins faces a maximum sentence of one year in county jail.

Outside the courtroom, Lampel said he had not known of the judge’s actions against him until hearing Dickey’s announcement.

“I think he’s wrong,” Lampel said. “Everybody has the right to tell the judicial system what they think of this matter.”

Laguna Beach City Councilman Robert F. Gentry said he was surprised when a reporter told him of the judge’s action.