Judge Frees Man After 2 Mistrials : Courts: Jurist says he believes instructor accused of murder is ‘probably guilty,’ but releases him from custody.

A martial arts instructor tried twice for allegedly killing a female co-worker was set free Tuesday by a judge who said he believes the man is guilty but doubts a verdict can ever be reached in the case.

Both trials of Stuart Edward Milburn, who has been in custody without bail since his arrest in March, ended in hung juries.

Los Angeles Superior Court Judge Charles Horan, who presided over the trials, granted a defense motion that requested a third trial not be held on the current evidence. “The inescapable fact is we could try the case five times and we would have five hung juries unless something new happens,” Horan said in making his ruling.

Horan said the evidence presented during the trials strongly implicates Milburn in the murder of a Canyon Country woman who was a rising star in the martial arts world, but it was not enough to eliminate all reasonable doubt.

“He’s probably guilty,” the judge commented from the bench. “I’m not going to try to comfort him or his family by suggesting otherwise.”

Milburn’s attorney, Darryl Mounger, declined to make his client available for interviews after the ruling. Milburn’s father, Stuart H. Milburn, appeared angry with the judge’s comments, but relieved that his son was set free.

“I disagree entirely with the judge,” the elder Milburn said. “I’m just disappointed it’s taken so long for this.”

Milburn, 27, was accused of murdering Veronica Estrada, 29, last December as she walked along a dark road toward her home. Jurors voted 8 to 4 to convict Milburn during his first trial, which ended in September. His second trial ended Dec. 7 with jurors voting 7 to 5 for acquittal.

The case against him remains open and he could still be retried.

Milburn showed no emotion during the ruling. Estrada’s family and friends also listened silently, but many were in tears afterward.

“She was my friend, and I think he did it and in my heart I hate him for it,” said Renee Flapper, who was a friend of both Milburn and Estrada. “I don’t know what to think. I wasn’t expecting this.”

The prosecutor, Deputy Dist. Atty. Robert Foltz, said he was not surprised at the judge’s ruling.

“I feel the court, with what they had to deal with, acted very appropriately,” Foltz said.

The judge’s statement about the guilt of the accused was highly unusual for a criminal trial, said Robert Pugsley, a professor of criminal law at Southwestern University Law School in Los Angeles. Pugsley said the judge may have been venting “humanly understandable frustrations” about the case, but the comments could prejudice further proceedings against Milburn.

“In effect, it’s putting the D. A. on notice in a very public way that if he doesn’t come up with more . . . he should not bring (the case) against (Milburn) next time,” Pugsley said.

If there is a third trial, Pugsley added, Horan almost certainly would not be able to preside over it because of his remarks.

“Every evidentiary ruling where he ruled favorable to the prosecution, the defense would make an objection of bias,” Pugsley said.

Estrada was the American Taekwondo Assn.’s top-ranked female competitor in the second-degree black-belt division. She was strangled about 8:15 p.m. Dec. 15, 1993, and her partially clothed body was found the next morning in bushes along Soledad Canyon Road.

The prosecution claimed Milburn killed her because he was jealous of her professional achievements, including being named instructor of the year instead of him at the martial arts studio where they worked.

But Foltz’s efforts were hampered by eyewitnesses who gave uncertain identifications of Milburn at the murder scene and by tests showing that none of the blood found there matched the defendant’s. In addition, a defense witness testified she saw Milburn at the studio at the time of the murder.

Foltz said he is not giving up yet, however. “There’s someone out there who knows something,” he said after the hearing.

Jurors in the first trial said at one point they voted 10 to 2 in favor of convicting Milburn, but eventually deadlocked after four weeks of deliberation because of the uncertain evidence against him. The second trial ended in a mistrial after five days of deliberation, with jurors declining to comment on the reasons for their deadlock.

The judge said that the defense made a mistake by putting Milburn on the stand during the first trial. Horan said Milburn came off as arrogant and unable to answer key prosecution questions during the first trial.

“The jury didn’t like him very much,” Horan said.

Estrada’s family has criticized the Los Angeles County Sheriff’s Department’s handling of the case, stating delays were caused when the original detectives were replaced several days after the murder. In addition, some of Estrada’s clothing from the death scene was destroyed by the Los Angeles County coroner’s office on orders given by mistake by a sheriff’s lieutenant.

“I think that was one of the biggest mistakes ever made by the Sheriff’s Department,” said Estrada’s father, Robert, after Tuesday’s court hearing.

But Foltz said he doesn’t know if the destroyed clothing would have had a significant impact on the case, because a coroner’s official testified there was no blood or other incriminating evidence on the items.

Estrada’s sister, Theresa, said she would never be at peace if her sister’s slaying remained unsolved. But she was not hopeful.

“What are they going to come up with that they haven’t already?” she asked.