Lawyer Wants Judge Off Boys’ Case : Courts: Attorney for one of three youths charged in February shooting near Westlake High says jurist is biased.

A judge assigned to the case of three teen-agers charged with a shooting near Westlake High School already has made up his mind that the defendants are guilty, an attorney charged Thursday, causing a preliminary hearing to be delayed.

Defense attorney John E. Meyers filed papers in court that accused acting Superior Court Judge Herbert Curtis III of bias toward the three defendants and asked that someone else be appointed to the case.

“He’s prejudiced, he’s biased, he’s unfair,” Meyers said outside court. “He’s probably one of the worst judges I have seen on the bench in a long while.”

Curtis declined Thursday to respond to Meyers’ accusations.

The allegations came as Curtis was about to hear testimony on whether the defendants should stand trial for a Feb. 4 melee at North Ranch Park in Thousand Oaks. Two Westlake High football players were shot in the brawl.

In late April, Curtis listened during a two-day hearing as police officers described how they came to arrest defendants William Huang, John Yi and Oubansack (Andy) Sonethanouphet in the high-profile case. Meyers represents Huang.

After the officers’ testimony, Curtis ordered each of the 16-year-olds to be tried as adults. Among other reasons, he cited the seriousness and the sophistication of the crime in which they are charged.

Meyers said Curtis demonstrated his bias against the defendants during the hearing in which he ordered them to into adult court.

During that juvenile court hearing, according to Meyers, Curtis described the defendants’ alleged conduct as “reprehensible.” The judge also set bail at $50,000 for each of the boys, an amount that Meyers and other defense attorneys believed to be excessive.

And Curtis was abrupt with defense attorneys during a conference in his chambers, Meyers said.

“He’s arrogant, he’s harsh and seems to be unfair in his rulings,” the attorney said.

Superior Court Presiding Judge Melinda A. Johnson set a June 27 hearing to decide the bias issue.

The move to disqualify Curtis from the case on grounds that he has demonstrated a bias against the defendants is rare, lawyers said.

But it is not the first unusual development in the case: One of the alleged masterminds behind the brawl--James Lee, 16, of Thousand Oaks--has been a fugitive since April 27, when he failed to appear for arraignment.

The brawl began after Westlake High football player Curtis Simmons and Lee agreed to meet at North Ranch Park for a fistfight to settle a mutual dislike for one another, according to court testimony.

Simmons showed up at the park with dozens of backers, including many of his teammates, investigators said. Lee arrived at the park with five carloads of Asian youths, including the other three defendants, investigators have testified.

Lee’s supporters emerged from their vehicles, announcing: “We’re the Asian Mafia,” and then attacked Simmons and others with baseball bats, sticks and gunfire, according to the testimony.

Authorities fear Lee has fled to his homeland of Taiwan. Deputy Dist. Atty. John A. Vanarelli refused comment Thursday on Lee’s whereabouts.

The case of the other three defendants wound up in Curtis’ courtroom Thursday after Meyers used a legal challenge to disqualify Acting Superior Court Judge Bruce A. Clark from hearing it.

Both Clark and Curtis are Municipal Court judges who have been assigned to the more prestigious Superior Court bench to help out with a burgeoning caseload, court officials said.

Meyers said he would prefer to appear before a judge elected or appointed to the Superior Court instead of one who is only filling in temporarily.

Meanwhile, Sonethanouphet of Brea in Orange County and Huang of Rowland Heights in Los Angeles County remained in juvenile hall in lieu of their bails of $50,000 each.

Yi of Thousand Oaks is free on the same bail amount pending trial.