Defense Seeks Closed Hearing in Case of Woman Accused in Botched Murder

In the latest test of public access to the courts in the post-Simpson era, a defense attorney Wednesday in Van Nuys asked a judge to close a preliminary hearing for a woman accused of murder in a botched scheme to kill her prosecutor husband.

Deputy Public Defender Marie Girolamo, who represents Woodland Hills lawyer Nicole Garza, also asked for a gag order in a sealed legal motion that is being challenged by The Times. Because the court papers remained under seal Wednesday, the defense attorney’s arguments for closing the hearing and silencing the participants could not be determined.

San Fernando Municipal Commissioner Gerald T. Richardson disclosed the existence of the motions as he delayed Garza’s preliminary hearing until January and scheduled a hearing Dec. 10 on whether it should be conducted behind closed doors.

Garza, a 32-year-old mother of three, is being held without bail, charged with the murder of her sister and attempted murder of her husband, Deputy City Atty. Jose Garza. The husband allegedly shot Nicole Garza’s sister, Lynette LaFontaine-Trujillo, in an exchange of gunfire after mistaking her for a burglar in the family’s garage, where his wife had sent him to fetch ice cream. Prosecutors allege that Nicole Garza and her sister, who was in disguise when she was killed, had plotted to kill Jose Garza, who is expected to be a key witness for the prosecution at the preliminary hearing.