NEWBURY PARK : D.A. Will Appeal in Murder Case

The Ventura County district attorney’s office has decided to appeal a judge’s decision to reduce a first-degree murder conviction that a jury had imposed on a Newbury Park man, a prosecutor said Tuesday.

Superior Court Judge Lawrence Storch on Friday lowered 27-year-old Todd Love’s conviction to second-degree murder, saying prosecutors had not proved that the defendant planned to kill Frank Kish, 32.

Without premeditation, Storch ruled, Love was guilty only of the lesser count.

A jury found Love guilty in December of fatally shooting Kish, his sister’s boyfriend, as 911 operators heard the shooting on the phone and taped it.

Deputy Dist. Atty Michael K. Frawley, who prosecuted Love, said Tuesday that the district attorney’s office will appeal to the 2nd District Court of Appeal in Ventura.

Jurors said they found Kish guilty of first-degree murder because he called 911 operators before shooting his victim and announced his murderous intentions.

Frawley said prosecutors believe that it was unlawful for the judge to reduce the verdict and “act as a 13th juror.”

A spokeswoman for Storch said the judge has a policy against commenting on pending cases. Storch is scheduled to sentence Love to a maximum 18 years to life for Kish’s death on April 15. Under the original jury verdict, Love would have faced 28 years to life.

Frawley said California law does not allow judges to reduce jury verdicts that are based on “sufficient, credible evidence” from the trial record. He said prosecutors, in deciding to appeal, determined that Storch had decided to re-weigh the evidence in the case without proper basis.

“He’s got to respect what the jury decides,” Frawley said. He said prosecutors may wait until after the Love sentencing to file the appeal.