Killer’s Lawyer: Spitzer Going Too Far

The attorney for mass killer Edward Allaway has filed a complaint accusing county Supervisor Todd Spitzer of improperly using his office in a highly publicized effort to block Allaway’s bid for freedom.

Spitzer has emerged as the most outspoken opponent of Allaway’s proposed release from a state hospital, creating a page on his county Web site and showing up at hearings with several aides in tow. Allaway killed seven people in a 1976 shooting spree at Cal State Fullerton.

In a letter to Orange County prosecutors, Deputy Public Defender John Bovee expressed “serious concerns” about Spitzer’s intervention and questioned whether public resources were being misappropriated in the crusade.

The district attorney’s office, citing a potential conflict of interest, asked the state attorney general this week to review Bovee’s complaint. An attorney general’s spokesman declined to discuss the matter.

Bovee questioned Wednesday whether an elected county supervisor should be taking such an active role in a criminal case, particularly one in which he has a personal interest. Two of Spitzer’s relatives worked on campus at the time of the shootings.

“I certainly don’t think a supervisor or private citizen should be out trying to actively influence the outcome of a court hearing to this extent,” Bovee said.

Spitzer said he’s done nothing improper, noting that Orange County staff lawyers have already signed off on his involvement in the case. He said Bovee’s concerns about the expenses are unfounded and that a few staff hours and no cash have been spent fighting Allaway’s release.

“His claims about my conduct are just as outrageous as his claims Allaway is safe to return to society,” Spitzer said. “Bovee should focus on getting his client mental help rather than attack me for representing my constituents.”

Allaway carried a .22-caliber rifle into the university library in 1976 and shot nine people, killing seven. He was found not guilty by reason of insanity, meaning hospitalization until a judge rules it is safe to release him.

Some doctors at Patton State Hospital have concluded that Allaway is cured and fit for release, making this Allaway’s most serious bid for freedom.

Superior Court Judge Frank F. Fasel is scheduled to hear two key motions on the case April 27 in Santa Ana. The sanity hearing is not expected to be held for several months.

Spitzer has vowed to attend every court hearing side by side with relatives of the slain victims. He’s organized a candlelight vigil for Wednesday on the Fullerton campus.

Bovee said he may ask Fasel to remove the district attorney’s office from the case, noting that Spitzer’s involvement could place undue pressure on prosecutors.

A supervisor’s job, Spitzer countered, is to represent the community.

“My constituents would be greatly affected if Edward Charles Allaway was released,” he said.