Mother Accused in Children’s Deaths Denied Use of Assets for Defense

Socorro “Cora” Caro lost her bid Friday to immediately liquidate family property and investments to pay a private attorney to defend her against charges that she murdered three of her four sons.

Family law attorney Rand Pinsky said the ruling by Ventura County Superior Court Judge John R. Smiley means Caro, 42, will probably have to ask a criminal court judge to appoint a public defender to represent her.

“I’m disappointed,” said Pinsky, who is representing Caro in her divorce case. He urged Smiley to release a portion of the family assets so his client could retain Encino criminal law attorney Richard Plotin, who has represented her for the past four months.

But that request was opposed by Dr. Xavier Caro, who filed for divorce after his wife allegedly shot and killed three of their children Nov. 22 at the family’s Santa Rosa Valley home.

The house, valued at about $900,000, as well as two Northern California properties and an investment account are among the assets tied up in the divorce case, which lawyers say could take months, if not years, to resolve.

In the meantime, Cora Caro’s lawyers say they need at least $300,000 to represent her in the pending murder case--and they want payment up front, a common practice in criminal cases.

Pinsky raised the payment issue about two months ago and Smiley agreed at the time to make some assets available, such as an antique doll collection, jewelry and some land owned by Cora Caro and not her husband.

But the judge refused to liquidate any of the couple’s community property in the divorce case, telling family law attorneys he needs additional information about the Caros’ assets. After gathering some of those records, Pinsky renewed the request.

For Cora Caro, the timing was critical.

On March 22, she was ordered to stand trial on three counts of first-degree murder following a preliminary hearing in which prosecutors presented evidence that she fatally shot Christopher Caro, 5, Michael Caro, 8, and Joseph Caro, 11, at close range as the boys slept in their beds.

Plotin represented Cora Caro at that hearing, during which evidence of alleged spousal abuse was presented.

Caro, who has pleaded not guilty to the murder charges, is scheduled to be arraigned a second time on April 25 in Superior Court. Lawyers say on that date Plotin must declare whether he plans to stay on the case without payment or step down and let a judge appoint a public defender.

*

During Friday’s family court hearing, Xavier Caro’s attorney, Henry Friedman, criticized Cora Caro for trying to tap family funds, which he argued should be used to support the couple’s surviving 1 1/2-year-old son, Gabriel.

“What is going to be left for this kid if Plotin gets paid?” Friedman argued.

As he spoke, the child gurgled in his father’s arms at the back of the courtroom. It was the first time Xavier Caro has appeared in court, and he refused to comment afterward.

In arguing his client’s position, Pinsky countered that Cora Caro is entitled to a top-notch defense and should be allowed to tap her share of the community property to pay for it.

Plotin, who has handled similar cases involving people accused of killing family members, has agreed to take the case for $300,000, but wants $500,000 if prosecutors seek the death penalty. So far, no decision regarding the death penalty has been made.

In his ruling, Smiley said it was not his role to decide whether Plotin’s retainer is reasonable.

Rather, he said, the question is whether Caro should be allowed to use her portion of the community property to pay her legal contract with Plotin, and Smiley said she should not. He pointed out that there is “precious little” case law to guide him, noting that lawmakers never envisioned the tragic set of circumstances facing his court.

But the judge also told the lawyers that at the conclusion of the divorce case, Cora Caro will probably be entitled to a large sum of money. Whether Plotin wants to represent her, trusting that those funds will be available later on, is up to him.

*

Plotin could not be reached for comment Friday after the hearing, but Pinsky said he does not expect Plotin will stay on the case.

During the preliminary hearing, witnesses testified that the shooting followed an argument between the Caros, whose 13-year marriage was apparently in trouble.

Cora Caro’s mother, Juanita Leon, testified that her son-in-law, a prominent Northridge physician, was abusive and beat his wife on the night of the slaying.

Questioned about those allegations Friday, Friedman declined comment. But he said his client is “still hurting” from that testimony.