Judge Delays Sentencing Killers of Agoura Hills Teen

Arguing that a letter from a juror suggests jury misconduct, defense attorneys for four Conejo Valley youths began laying the groundwork Monday to appeal felony murder convictions that carry life sentences for the teenage defendants.

Citing portions of the letter sent one day after the verdict was reached, attorney Jill Lansing asked a judge to release the names and addresses of jury members to allow for a probe into possible improprieties.

Malibu Municipal Judge Lawrence J. Mira rejected her request, saying he did not believe that the May 29 letter showed any jury misconduct in reaching a verdict in the stabbing death of Jimmy Farris, the 16-year-old son of an LAPD officer.

The judge did grant a defense request to delay the sentencing, originally scheduled for Monday, until Aug. 19 on the basis that three of the four defense attorneys needed more time to prepare.

The letter in question was not admitted into public record, but snatches read in court revealed that the author, a woman known only as juror No. 10, had started deliberations with reservations about convicting the four suburban youths, who range in age from 16 to 19.

She said she came to share the majority viewpoint after several days of deliberations.

The four teens--Jason and Micah Holland of Thousand Oaks, Brandon Hein of Oak Park and Tony Miliotti of Westlake Village--were convicted May 28 on first-degree murder charges. They now face sentences of life in prison without parole because they were convicted with the special circumstance of killing in the course of an attempted robbery: stealing marijuana from another teenager.

A fifth youth, Chris Velardo, 18, of Oak Park, pleaded guilty to voluntary manslaughter last year and has not yet been sentenced.

Lansing said her reading of the letter--which was addressed to Mira and circulated by the judge to all lawyers--indicated that the woman may not have understood jury instructions and felt pressured to vote with the majority.

“If in fact this juror did not believe there was enough evidence on the intent to steal issue we did not have a valid verdict,” Lansing said. “These young men would not stand convicted.”

Lansing said even the suggestion of jury misconduct should lead to a probe because of the seriousness of the sentence her client, Hein, 19, and his three friends face.

“These are not people who will pay a $50 ticket,” she said. “They will never be free again.”

In the letter, juror No. 10 also described her discomfort with a scene that happened during the emotional hour after the verdict. The jury had expressed willingness to talk privately as a group with attorneys for both sides. Prosecutors Jeff Semow and Mike Latin both spoke with the jury, as did Ira Salzman, the attorney representing Jason Holland, 19. The three other defense attorneys declined to speak with jurors.

During the 30-minute discussion with jurors, Semow said several of them asked to see Mike McLoren, a key prosecution witness who was with Jimmy Farris during the fatal backyard brawl. When McLoren entered the room with Stacy Williams, his girlfriend, and Jimmy Farris’ parents, Jim and Judie Farris, a male juror reached out and embraced him.

“I was stunned,” Lansing read from the letter in court. “They shouldn’t be there. I left as one of the jurors was embracing Michael McLoren.”

But Mira said he was not concerned about what happened after the verdict. He pointed out that all of the defense attorneys had already had an opportunity to speak with the jury and that three of them had chosen not to. He countered Lansing’s request by reading another portion of the letter.

“I am very comfortable with my decision,” he read from the juror’s letter. “We became more understanding, thoughtful and diligent as deliberations went on. We gave our best, this was a very good group.”

Calling the defense attorneys’ motions a “fishing expedition,” Mira said he felt the jury displayed “heroic virtue” in their deliberations.

Rescheduling the sentencing before a courtroom packed with friends and families on both sides, Mira was stern with the defense attorneys about the delay.

“I am not at all pleased that experienced lawyers of the caliber we have here were not able to put together motions in six weeks,” Mira said. “I do not intend to continue this case again.”

After preparing emotionally to speak at the sentencing of her son’s killers, Judie Farris said she was disappointed with the delay.

“It was a bit of a letdown,” Farris said. “I hope it won’t happen again.”