Famalaro Defense Contends Witness Is Biased

A college professor who doubted the believability of a survey that suggests that murder suspect John J. Famalaro cannot get a fair trial in Orange County had his own credibility attacked on the stand Friday by Famalaro’s attorneys, who charged he was biased.

UC San Diego psychology professor Ebee Bruce Ebbesen testified that the survey of 400 residents, conducted at the request of the defense, was poorly done. It claims that 83% of the respondents were aware of the case and 58% of that number already believe Famalaro is guilty.

Attorneys for Famalaro, who is charged with killing Newport Beach resident Denise Huber, are trying to get the trial moved from Orange County because of pretrial publicity. Prosecutors maintain that the county is large enough to find an impartial jury.

Ebbesen testified that the survey, conducted last fall, is flawed because it did not include the legal standard of guilt. He said that if the words “beyond a reasonable doubt” had been added to a question about whether people thought Famalaro was guilty, the number of people saying yes would have likely been significantly lower than 58%.

During a strenuous 3 1/2-hour cross-examination, Deputy Public Defender Leonard Gumlia charged that Ebbesen is philosophically against any changes in venue and does not believe that prejudgment of any case is driven by pretrial publicity.

Ebbesen denied the allegations.

Under questioning by Gumlia, Ebbesen did say that in all the approximately 40 cases in which he has testified, he did not think a venue change was necessary in any of them, although his role is usually to refute studies done for the defense and not to offer an ultimate opinion on venue. He also testified as an expert for the prosecution during the Polly Klaas murder trial.

Famalaro, 39, is accused of kidnapping, sexually assaulting and bludgeoning the 23-year-old Huber after her car broke down on the Corona del Mar Freeway in June 1991. Famalaro was arrested after authorities discovered Huber’s body in a freezer in a stolen rental truck parked in the driveway of Famalaro’s home in Dewey, Ariz.

Famalaro, a former resident of Lake Forest, has pleaded not guilty to the crimes. He faces the death penalty if convicted. His trial, which has already been delayed several times, is now scheduled to begin on March 10. The venue hearing will resume Friday.