Famalaro May Be Prosecuted in Arizona : Courts: Generally, trial takes place where murder occurs--but that may be impossible to determine.

After consulting with Orange County authorities during the day, the Yavapai County prosecutor indicated Monday that Arizona would probably take the lead in trying John Joseph Famalaro for the murder of Denise Huber.

Generally, the trial would take place where the murder occurred, but in Huber’s case that may be impossible to ascertain, Yavapai County Atty. Charles Hastings said.

“It’s going to be very difficult to determine the time of death because of the condition of the corpse,” said Hastings, referring to the fact that Huber’s body has been frozen, possibly for a long period of time.

Orange County Chief Assistant Dist. Atty. Maury Evans said prosecutors in both states are in close contact, but he declined to discuss where the case is likely to be tried.

“I don’t want to get into that type of speculation,” he said. “We are reviewing the matter and hopefully in the very near future a decision will be made.”

Denise Huber’s mother, Ione Huber, said Monday the family is as yet unconcerned with that issue.

“We haven’t had time to think about the trial,” she said. “Once we get this (the funeral) behind us we’ll be thinking more about the trial. . . . I’m sure we’re going want to be there for part of it.”

Ione Huber said she thought Arizona juries might be tougher on criminals than California juries.

“If that’s true I would probably prefer that the trial be there,” she said.

On the other hand, the family has “a lot of public support here and perhaps more public sympathy here and that might be in our favor. I don’t know which way would be better,” she said.

The difference between prosecuting Famalaro in Arizona as opposed to Orange County may not be significant, legal authorities said. Hastings described the two justice systems as being “similar.” Both states have the death penalty and employ it under “special” or “aggravated” circumstances, which could include multiple homicides, crimes against children or especially heinous situations.

Furthermore, death penalty convictions in both states are reviewed by the same federal court, the 9th U.S. Circuit Court of Appeals. One difference, however, is that in Arizona, a judge determines whether a conviction warrants the death penalty, whereas in California, juries make that finding.

Hastings, however, said law enforcement officials “are far from making any determination on the death penalty. It’s way too early.”

Even though Arizona officials are currently moving forward on the case, Hastings said Famalaro may be turned over to Orange County prosecutors if there is enough evidence to support a charge of kidnaping along with the murder.

Costa Mesa Police Lt. Ron Smith said authorities are currently investigating and considering such a charge.

If authorities cannot determine where Huber was killed or it can be proven that she was kidnaped, legal experts said, Arizona officials will probably prosecute because her body was found in that state. The Newport Beach woman was 23 when she was apparently abducted from an Orange County freeway in 1991.

Several legal experts said Monday the jurisdiction question may be complicated because of the issue of when and where Huber was killed. Even though the crime apparently began in Orange County, she may not have been killed in California.

In addition, if the crime appears to have crossed state lines, federal authorities could get involved.

“Crossing a state line is always a way to raise federal interest in a case,” said John Shepard Wiley Jr. a criminal law professor at UCLA.

Wiley added that under a 1985 U.S. Supreme Court decision in Heath vs. Alabama, it is possible Famalaro could be prosecuted for the murder in both California and Arizona. But the likelihood of that happening is very slim, law experts agree.

While a preliminary hearing is set for Friday in Yavapai County, prosecutors also have convened a grand jury that is expected to consider indicting Famalaro, perhaps by Thursday.

Hastings said the two prosecuting agencies are working together, and officials agree that Orange County law enforcement agencies will play a major role in Famalaro’s prosecution wherever it occurs.

Orange County Public Defender Ron Y. Butler said his office is keeping “a very close watch on what is going on” and has been “communicating” with Famalaro’s attorney, Larry W. Katz.

“We don’t know who is going to retain jurisdiction,” Butler said. “If it comes back this way we would want to be up to speed on it.”

He said it is possible that Katz may not represent Famalaro if the case is transferred to Orange County. Documents filed in Yavapai County Justice Court indicate that Famalaro retained Katz, but has little money to pay him. He reported no savings and infrequent paydays.

Costa Mesa police, who have been involved in the case since Huber disappeared from a freeway in their city on June 3, 1991, agreed that they don’t anticipate any jurisdictional dispute.

“Where this case will be prosecuted is not a problem for us,” Lt. Smith said.