Judge Rejects Caro’s Bid to Tap Family Funds

A Ventura County judge Thursday rejected murder suspect Socorro “Cora” Caro’s initial request to use $550,000 from family assets to pay for her legal defense but set a hearing for next month to resolve the matter.

Attorneys for Caro argue she will need substantial funds to defend herself against murder charges and a special allegation that could make her eligible for the death penalty.

Caro is under arrest on suspicion of fatally shooting three of her sons--Joey, 11, Michael, 8, and Christopher, 5--last month as they slept in their Santa Rosa Valley home.

The district attorney is expected to file murder charges against Caro today, and she may enter a plea this afternoon in Ventura County Superior Court.

With the arraignment date looming, Agoura Hills attorney Rand E. Pinsky went to family court Thursday to obtain a court order that would allow his client access to funds to pay for her defense.

Pinsky urged Judge John R. Smiley to immediately award his client $550,000 so Caro can pay Encino-based criminal defense lawyer Richard Plotin, who was present at the hearing.

“The severity of the charges require and demand she have competent counsel,” Pinsky argued.

“This case is going to be filed as a special-circumstance case, which makes her eligible for the death penalty,” Pinsky said. “It is an extremely complicated matter that is going to require an extensive amount of time and an extensive amount of experience.”

Caro’s parents have fronted $60,000 from their retirement accounts to retain Plotin, Pinsky said. But more money is needed--and soon.

Criminal defense costs are customarily paid upfront and in full, Pinsky said, adding that if prosecutors decide to seek the death penalty, another lawyer may have to be retained.

At the very least, Pinsky argued, the estate should agree to a “good-faith partial commitment” allowing Caro to secure a $250,000 loan now to pay part of her legal costs.

But Brentwood attorney Henry Friedman, who is representing Caro’s husband, Xavier, told the judge more time was needed to determine how much of the estate Caro is entitled to.

Property records show the couple own a five-bedroom house on eight acres in the Santa Rosa Valley, which Pinsky estimated is worth between $600,000 and $800,000.

The couple also own property in Granada Hills, and Cora Caro and her mother own land near Modesto valued at about $180,000, lawyers said.

But Friedman said Xavier Caro brought a substantial amount of money into the 13-year marriage and may have used those funds for a down payment on the couple’s Santa Rosa Valley home. He said the details of an initial cash settlement were too complex to be settled quickly.

“I don’t think it is appropriate for the court to make this order,” Friedman argued in response to Pinsky’s request.

Smiley agreed and told the attorneys that without more information, he would not grant an order allowing Cora Caro to tap the estate.

“I don’t know where this train is going,” he said, referring to the pending divorce case and a division of community property. “I foresee a lot of stops.”

Smiley set a Jan. 5 hearing date and asked both lawyers to provide detailed information on the couple’s finances, such as data on property holdings, bank accounts, stocks and other assets.

The judge also said he was aware of a wrongful-death lawsuit filed this week by Xavier Caro against his wife and told the lawyers that creditors and claims could further complicate the case.

Outside the courtroom after Thursday’s hearing, Pinsky said he expects the matter to be resolved next month and hopes the judge will at that time award his client the money needed for her defense.

In the meantime, criminal defense attorney Plotin said he will appear on behalf of Cora Caro at today’s scheduled arraignment. Plotin said he had seen a copy of the charges, but would not say what special-circumstance allegation is involved.

Plotin said his client may be present at the arraignment, depending on her health.

“She may be there in a wheelchair,” he said.

Since the Nov. 22 shootings, Cora Caro has been recovering from an apparently self-inflicted gunshot wound to the head. She remains held without bail in the medical ward of the Ventura County Jail.

Neither Cora Caro nor her husband were present during Thursday’s hearing in family court. Xavier Caro filed Dec. 8 for divorce from his wife, citing irreconcilable differences.

On Thursday, Cora Caro’s lawyers filed a response to the divorce petition. She is seeking joint custody and visitation of the couple’s surviving 16-month-old son, Gabriel.