Justices Reject Bail for Tay Slaying Suspect : Appeal: Prosecutors argued that severity of the crime, state law made Kirn Kim ineligible for pretrial freedom.

SANTA ANA — A 17-year-old Fullerton youth awaiting trial on murder charges in the beating of honor student Stuart A. Tay is ineligible for bail, an appeals court ruled Tuesday.

The decision by the 4th District Court of Appeal reverses Orange County Superior Court Judge Kathleen E. O’Leary, who ruled in April that Kirn Kim deserved to be released on $750,000 bail while awaiting trial.

Defense attorney Allan H. Stokke said Kim’s parents are disappointed. Stokke said he will soon decide whether to appeal.

“I think the United States and California constitutions allow people to have bail, and the (appellate) court has denied that,” Stokke said. “A judge who had closely evaluated the case and has seen (Kim) determined he was deserving of bail.”

Prosecutors fought O’Leary’s decision, arguing that the severity of the crime and state law made Kim ineligible for bail. Additionally, authorities were concerned that Kim might flee if released on bail because he faces life in prison without parole if convicted.

Deputy Dist. Atty. Lewis R. Rosenblum, who is prosecuting Kim and three other youths charged in the murder, said Tuesday that he was both pleased and relieved by the court’s decision.

“As far as the court is concerned, he has no right to bail, so he’s not going anywhere,” Rosenblum said. “The court seems to agree with us that the judge was probably wrong in giving him bail.”

The thorny legal dispute rested on whether the charges against Kim amount to a capital offense--a case in which the death penalty is a possible punishment and bail is not allowed.

The charges filed in the Kim case carry the possibility of punishment by death. But although Kim is being tried as an adult, state law forbids prosecutors to seek the death penalty against a juvenile.

As a result, defense attorneys have argued that their client is not charged with a capital offense and should be eligible for bail.

A full transcript of the court’s decision was not immediately available. However, a portion of the decision indicated that the court had considered whether allowing bail in such serious cases would reward youths for “sophistication and savagery.”

Kim, Abraham Acosta, 16, of Buena Park; Robert Chien-nan Chan, 19, of Fullerton; and Mun Bong Kang, 18, also of Fullerton, are charged with Tay’s murder. A fifth youth, Charles Bae Choe, 17, also of Fullerton, has pleaded guilty to his role in the bludgeoning death and is expected to testify against the other four teens.