‘Bryant Family’ Lawyers Appeal to High Court for a New Prosecutor : Crime: Charging the district attorney’s office with improprieties, they seek an order shifting the drug and murder case to the state level.

Defense attorneys in the “Bryant Family” drug and murder case have asked the state Supreme Court to order that their clients be prosecuted by the state attorney general--not the Los Angeles district attorney.

The defendants, Andrew Settle and Donald Smith, are accused of being part of a crime ring that masterminded attacks leading to murder and that sold up to half a million dollars in cocaine each month in the Valley.

Their attorneys had accused the district attorney’s office of improprieties, including tampering with witnesses and withholding evidence from the defense during pretrial proceedings, and in January, 1993, Superior Judge J.D. Smith agreed to send the case to the attorney general’s office for prosecution.

But an appeals court ruled on March 3 that Smith had overstepped his authority, and it returned the prosecution role to the district attorney’s office.

Dennis E. Mulcahy, an attorney representing Settle, told Smith that he filed the petition April 14 with the state Supreme Court, which has until June 10 to decide whether to rule on the petition or to grant a 30-day extension.

In the meantime, the long series of pretrial proceedings in the case continues. A hearing has been scheduled for June 24 in Smith’s courtroom, when a trial date could be set if the Supreme Court has reached a decision at that time. Prosecutors and defense attorneys estimated Friday that the trial could begin as early as a few months after the June date or as late as next year.

Deputy Dist. Atty. Kevin McCormick said he is confident the case will not be taken away from his office by the high court.

“There was nothing improper done by the district attorney’s office for the recusal in the first place,” McCormick said.

State prosecutors opposed taking on the case, arguing that the district attorney’s office was more familiar with the complex prosecution.

“Our office’s position is that under the law there is no reason for the district attorney’s office not to try the case,” said Deputy Atty. Gen. Douglas Sortino, one of more than a dozen attorneys who attended the hearing Friday.