Judge Refuses to Bar Murder Trial of Club Owner
A federal judge said Wednesday he could not prevent federal prosecutors from trying former nightclub owner Eddie Nash in the 1981 slayings of four people in a Laurel Canyon drug den, despite a strong showing that Nash will be prejudiced by the lengthy passage of time.
U.S. District Judge Carlos R. Moreno rejected a defense motion to dismiss the murder allegations from a massive racketeering indictment lodged against the 71-year-old Nash last year.
In a five-page opinion, Moreno said he was bound by a ruling of the U.S. 9th Circuit Court of Appeals on the issue of prosecutorial delays.
Under current law, he said, a defendant must prove that he will suffer prejudice because of a delay in being charged and that the prosecution caused the delay.
Moreno said that though there is little doubt Nash has shown he will be prejudiced, he could find no evidence of government culpability.
Defense lawyer Donald Re said he is considering an appeal.
Nash was tried in the case twice in state court. The jury deadlocked 11 to 1 for conviction in the first trial and acquitted him in the second one.
Nash’s trial is set for September.
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