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Murder Trial of 4 Teens Postponed : Courts: Defense in stabbing death of 16-year-old claims new evidence left it unprepared. Judge grants continuance until Jan. 8.

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TIMES STAFF WRITER

With defense attorneys saying new evidence left them unprepared to go to trial Friday, a judge agreed to delay until early January the trial of four Conejo Valley teen-agers charged with murdering the 16-year-old son of a Los Angeles police officer.

Brandon Hein, 18, of Oak Park, brothers Micah Holland, 15, and Jason Holland, 18, both of Thousand Oaks, and Tony Miliotti, 18, of Westlake Village face charges in the May 22 stabbing death of Jimmy Farris III.

A fifth teen-ager, Chris Velardo, 18, of Oak Park, pleaded guilty last week to charges of manslaughter and conspiracy to commit robbery.

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According to police reports, the five young people went to the house of Michael McLoren, Farris’ friend and neighbor, and tried to take marijuana from McLoren, 16. Police said a fight broke out and Farris and McLoren were both stabbed. Farris died two hours later and McLoren was hospitalized for several days.

Lawyers for the Holland brothers both asked Malibu Municipal Court Judge Lawrence J. Mira for a 60-day continuance Friday.

James Sussman, the attorney representing Micah Holland--who is being tried as an adult because of the seriousness of the charges--submitted his reasons for the request under seal, citing attorney-client privilege.

But Mira said he understood there have been several recent complications since the trial date was set in August, including evidence disclosed by prosecutor Jeffrey Semow two weeks ago and a juvenile proceeding against Micah Holland.

“There have been a number of developments since that date,” Mira said. “There is good cause to continue this case.”

A December date was considered and rejected because of potential holiday conflicts. The new trial date is Jan. 8.

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Objecting strenuously to the continuance, Hein’s attorney, Jill Lansing, said the new complications in the case should not limit the Oak Park teen-ager’s right to a fair and speedy trial.

Mira apologized for the delay, but said he believed it was warranted.

The new evidence recently made available to defense attorneys remains a mystery. It was first discussed during hearings in August when prosecutor Semow told the court he had received some information confidentially that he was not sure he was legally bound to share with defense attorneys.

After a private session with Semow, Mira ruled that the evidence should be turned over to the defense. Semow resisted doing so for weeks, citing ethical concerns. He surrendered the evidence Sept. 22 after the judge threatened to dismiss charges if he did not.

The disclosure necessitated the immediate separation of Miliotti and Velardo from the other three suspects for what attorneys called security reasons. Miliotti and Velardo are now being housed in different jails from the other suspects.

The evidence and transcripts from the private hearings with the judge--which included attorneys representing Miliotti and Velardo--were sealed. A motion to open those sealed records made by Karlene Goller, representing the Los Angeles Times, was denied by Mira on Friday.

In his denial, Mira said rights of the defendants to a fair trial by an unbiased jury could be compromised if the information was released publicly.

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“I would remind you, you cannot unring a bell,” Mira said. Once released, the information “would be remembered. It would be difficult for it to be forgotten.”

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