Judge Splits Ruling on Sobek Case Evidence

A judge on Monday allowed into evidence the discovery of model Linda Sobek’s body, but ruled that statements murder suspect Charles Rathbun made before the body was found cannot be used because investigators did not read him his Miranda rights or provide an attorney despite Rathbun’s repeated requests for one.

Municipal Judge Benjamin Aranda slapped police investigators on the wrist by disallowing the earlier comments, which included an apology to Sobek’s mother, but allowing what prosecutors considered the more important evidence: the discovery of the body and statements the 38-year-old freelance photographer made to police after leading them to the shallow grave of the former Raiderette.

Attorney Mark Werksman successfully argued that his client was never read his Miranda rights during a 75-minute interview with sheriff’s and Hermosa Beach police detectives, nor was there any response to his 12 requests for an attorney to be present.

But Rathbun did have a lawyer with him when he led authorities to Sobek’s body a few days later in the Angeles National Forest, the judge found.

Immediately after Aranda’s ruling, Rathbun’s preliminary hearing began. If Aranda determines the prosecution has a sufficiently good case, Rathbun will be bound over for trial.

During a rambling interview Nov. 22, three days before he led authorities to the body of the 26-year-old model, an inebriated Rathbun--who had vomited on his shirt--apologized for killing her.

He said he had accidentally struck her with a prototype sport-utility vehicle that he had borrowed to photograph for a magazine layout, transcripts say.

At one point, the tearful Rathbun said: “If they would give me the electric chair, it would be a mercy.”

Several times, according to the transcripts, Rathbun requested a lawyer, but investigators continued asking questions without providing one.

He told sheriff’s investigator Mary Bice to convey his apologies to Sobek’s mother, Elaine.

“Talk to Mrs. Sobek and let her know I’m sorry,” he said, according to court transcripts obtained by The Times. “Oh, God. I know I let everybody down. I have. Oh, man, I’m here covered with vomit. I was gonna get drunk today, take care of it all. All I did was get drunk and throw up on myself.”

Those statements will not be allowed, nor will statements he made in the hospital later after trying to cut his wrist at the Hermosa Beach jail.

Rathbun was arrested in Hollywood on Nov. 22, after apparently trying to kill himself with a gun. He slightly wounded a reserve deputy in the process.

The prosecution argued that while Rathbun asked for an attorney and was not read his rights, the detectives did not know Sobek was dead and thus had a legal right, known as the “public safety exception” to Miranda, to continue questioning him.

The shallow grave containing Sobek’s body was found Thanksgiving Day, but it was too dark to continue the investigation. The body was recovered the next morning.