Cause of Model’s Death Can Be Entered as Evidence, Judge Rules

A Torrance Superior Court judge paved the way Wednesday for prosecutors to introduce as evidence information about the body of a South Bay model and her death by asphyxiation.

Judge Donald F. Pitts ruled that even though Charles Rathbun, a freelance photographer accused of murdering and sexually assaulting Hermosa Beach model Linda Sobek, was not read his Miranda rights during interrogation that occurred over nearly three days, he did have a lawyer with him when he led investigators to her buried body in the Angeles National Forest. Pitts also ruled that even without Rathbun’s help, searchers were close to finding Sobek’s body.

The trial in the murder of the 27-year-old model is scheduled to begin Sept. 9 in Torrance Superior Court.

A cheer went up from Sobek family members who have sat stoically in one row of the small courtroom during three days of testimony that at times left Elaine Sobek, the model’s mother, in tears. Bob Sobek, the victim’s father, gave a thumbs-up sign when the ruling was read.

Defense attorney Mark J. Werksman argued that police illegally interrogated Rathbun from Nov. 22 to the morning of Nov. 24, shortly after the 38-year-old photographer tried to commit suicide. Rathbun repeatedly asked for a lawyer and was not apprised of his Miranda rights during those conversations. Pitts agreed and said the prosecution cannot use nearly three days of interrogation by law enforcement officials.

But the judge left open for prosecutors a small window of opportunity to use those interrogations if they are allowed to cross-examine Rathbun during the trial. Werksman said he does not know whether he will put Rathbun on the stand.