THOUSAND OAKS : Judge Refuses to Drop Charges in Slaying
Mark Scott Thornton’s due-process rights were not violated by prosecutors who obtained an indictment against the Thousand Oaks teen-ager in the slaying of Westlake nurse Kellie O’Sullivan, a judge ruled Monday.
Ventura County Superior Court Judge Charles R. McGrath rejected a motion by defense attorneys and refused to dismiss the criminal charges against Thornton.
Police say Thornton, 19, kidnaped and fatally shot Kellie O’Sullivan, 34, during a carjacking. The Ventura County grand jury indicted him Dec. 6 on a variety of charges in connection with the killing, including a special circumstance that makes him eligible for the death penalty.
Deputy Public Defenders Howard J. Asher and Susan R. Olson argued that the district attorney’s office lacked evidence to sustain the charges against their client and that prosecutors asked leading questions during grand jury proceedings in the case.
McGrath, however, denied the motion to drop the charges against Thornton on Monday.
The judge postponed until June 10 a ruling on another defense motion that asks for dismissal of the charges on the grounds of prosecutorial misconduct.
Public defenders contend the district attorney’s office acted improperly by performing extensive background checks on potential grand jurors.
County officials deny the charge, saying it is appropriate for investigators from the prosecutors office to perform such checks.
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