Judge Rejects Torture-Killing Case Transfer : Courts: Former Marine Charles Ng is accused in a dozen slayings in a Northern California case that was transferred to Orange County about a year ago.

A judge refused Friday to transfer a 10-year-old case against a former Marine accused in the torture-murders of a dozen people in Northern California despite concerns by defense attorneys that bankrupt Orange County cannot afford to take the case to trial.

During a hearing that underscores the far-reaching impact of the county’s fiscal woes, Orange County Superior Court Judge Robert R. Fitzgerald said he would consider replacing the financially strapped public defender’s office with private defense lawyers. But the judge, concerned about further delays in the case, tentatively rejected moving the case to another county.

“We’re going to get you counsel,” Fitzgerald told defendant Charles Ng. “If these folks can’t do it, someone will do it.”

Deputy Public Defender William G. Kelley wants the case moved to San Francisco unless he can be assured his defense team has the financial support to properly defend the complex case that could take up to five years before it gets to trial.

“This case is going to make O.J. (Simpson) look like a petty theft,” Kelley said, adding that the number of victims and the nature of the charges pose a daunting--and costly--challenge to the defense.

Prosecutors oppose another change of venue. Fitzgerald postponed a final decision until March 24 to give defense attorneys time to ask the Orange County Board of Supervisors to issue necessary defense funds.

Alan Slater, chief executive officer of the Superior Court, said he did not believe Fitzgerald has much choice, because state law requires counties to accept change-of-venue cases.

Ng’s case was sent to Orange County nearly a year ago because media coverage of the case jeopardized the defendant’s right to a fair trial in Calaveras County, where many of the murders took place. A separate ruling stripped Ng of his prior defense attorneys, creating further delays.

Ng, 33, and another man allegedly mutilated and killed their victims on a remote ranch in 1984 and 1985. One victim was Robin Scott Stapley, a 25-year-old Orange County resident. Ng, who faces the death penalty, has pleaded not guilty.

The second suspect committed suicide. Ng fled to Canada and was returned to the United States nearly three years ago after a protracted extradition battle.

The case was sent to Orange County under an agreement that Calaveras County money and a special state fund would be used to cover costs such as attorneys fees, courtroom expenses and witness travel. But Kelley is concerned about other indirect costs--such as administrative work--that are not being covered.

Kelley said such costs could easily be more than $100,000. His office is already financially strapped in the wake of the bankruptcy. Kelley estimated the Ng case has already cost $6 million.

The defense team also cannot afford to pay the costs until it can bill the state and Calaveras County for reimbursement, said Deputy Public Defender Allyn Jaffrey, who also is defending Ng. Jaffrey said her office has submitted bills for work already performed on the Ng case. Jaffrey said she could not say how much.

“But we haven’t gotten a dime,” she said.