Olson’s Attorney Misses Third Court Hearing

Attorney Tony Serra has never pretended to be part of the legal mainstream.

The irreverent, ponytailed attorney once appeared on the cover of a legal journal smoking what appeared to be a marijuana joint. Another time, he tied himself to a cactus in the Mexican desert so he could experience how Jesus felt on the cross. And for 17 years, he refused to pay income taxes to protest the Vietnam War.

Two judges--one in Montana, the other in San Jose--have had Serra hauled before them in handcuffs after he failed to show up for trials.

Now, Serra appears to be in trouble again.

This time, the San Francisco-based attorney has been ordered to appear before a judge in Los Angeles County Superior Court to explain why he shouldn’t be removed from the Sara Jane Olson case for repeatedly failing to attend court hearings.

Olson, who was arrested after being a fugitive for 24 years under the name Kathleen Soliah, is accused of attempting to kill two Los Angeles police officers while associated with a 1970s radical group known as the Symbionese Liberation Army. The SLA is best known for kidnapping Patty Hearst.

Serra has not appeared at the last three hearings, despite being under a court order to do so. The first time, Serra sent word that he missed his plane.

The second time, he simply didn’t show up, leaving his co-council, Shawn S. Chapman, to try in vain to explain why he was not there.

On Monday, Serra failed to show up again. This time, he had his secretary write a note, saying that he could not appear because he was awaiting a jury verdict in Placer County. He is defending 1998 Libertarian Party gubernatorial candidate Steve Kubby, who is accused of cultivating marijuana.

“[Serra] will either show cause why he shouldn’t be taken off the [Olson] case or explain what he’s doing to justify what appears to be a lack of anything on this case,” a frustrated Judge Cecil Mills said after learning of his absence Monday.

Serra could not be reached for comment Monday.

Mills, who is assigned to the case temporarily, postponed Olson’s trial from Jan. 8 to April 10, and scolded the lawyers on both sides for being hostile toward each other.

Mills was particularly irritated by a recent court filing written by Deputy Dist. Attys. Eleanor Hunter and Michael Latin, which he characterized as “mean-spirited and hurtful.” That prosecution motion argued against another delay in the trial and accused defense attorneys of manipulating the court for more time.

“For the life of me, I can’t figure out what there is for the lawyers to fight about in this case,” said Mills, who has only been in charge of the case for a few weeks.

“I’m tired of the lawyers taking shots at each other,” he said.

Latin and Hunter said they wanted to outline the repeated delays in the case. The prosecutors said several witnesses have died while waiting for the trial to begin.