Triple Killer’s Bid for New Trial Rejected : Courts: Sentencing hearing for Thomas Maniscalco, a lawyer and motorcycle gang leader, is continued.

A judge Friday rejected a bid by convicted triple murderer Thomas F. Maniscalco for a new trial during the opening of a sentencing hearing in Orange County’s longest-running criminal case.

Superior Court Judge Kathleen E. O’Leary halted the hearing about 90 minutes into the sentencing proceeding to break for a lunch meeting and a busy afternoon court calendar. The judge postponed the rest of the sentencing hearing until Wednesday morning.

Maniscalco, a Westminster attorney who co-founded the Hessians motorcycle gang, was convicted in March--exactly 10 years to the day after his arrest--of three counts of second-degree murder.

Jurors in his second trial found that Maniscalco participated in the slayings of Richard (Rabbit) Rizzone, 36; Rizzone’s bodyguard, Thomas Monahan, 28, and Rizzone’s girlfriend, Rena Miley, 19.

The prosecution alleged that the 49-year-old attorney ordered the killings in 1980 during a dispute over counterfeit money and drug profits skimmed from his gang.

Much of Friday’s hearing centered on Maniscalco’s motion for a new trial, with the jury’s verdict the focus of controversy.

His lawyers said the second-degree murder convictions were “fatally flawed” given the prosecution’s contention during the trial that Maniscalco masterminded what were described as execution-styled killings. First-degree murder, which the jury rejected in the case, typically involves premeditation on a killer’s part, while second-degree murder is a less-organized type of crime.

But Judge O’Leary said there was sufficient evidence to support the verdict, and rejected the defense’s contention that mistakes were made during the trial.

Maniscalco has always denied involvement in the killings, contending he was framed by an admitted gunman who stole drugs and money from the victims and then tried to implicate him in exchange for immunity from prosecution.

Each second-degree murder count carries a possible 16-year-to-life prison sentence.

Deputy Dist. Atty. Richard King said Friday he will seek the maximum sentence for Maniscalco--48 years to life in prison.

But Curt Livesay, one of Maniscalco’s lawyers, said the maximum sentence would mean “life without parole” for his middle-aged client. He will ask instead that the judge allow Maniscalco to serve the three terms concurrently, making his sentence 16 years to life.

Livesay also made numerous requests during the hearing for changes in a pre-sentencing report prepared by the county Probation Department. Livesay said the report depicts Maniscalco as a scheming killer, which he said was not supported by the verdict.

Livesay said the report is critical because it could help officials determine when Maniscalco might be eligible for parole.