Bechler Trial Halted Over Off-Coast Jurisdiction

In a surprise move, an Orange County judge Wednesday halted the trial of a man accused of killing his wife during a cruise off the Newport Beach coast, citing questions about whether the crime occurred in California water.

Murder suspect Eric Bechler’s attorney called on the judge to throw out the case, arguing that testimony suggests the crime occurred 8 to 12 miles off the coast, outside the state’s three-mile jurisdiction.

Superior Court Judge Frank F. Fasel is expected to decide today whether to allow the prosecution of Bechler to proceed. If the judge throws the case out, Bechler could be released or possibly prosecuted in federal court.

Bechler is accused of killing his wife, Pegye, in a rented speedboat July 6, 1997, to cash in on more than $2 million in life insurance. Her body has not been found.

Questions about proper jurisdiction for the trial come after six weeks of testimony in a sensational case based largely on the testimony of Bechler’s girlfriend, Tina New, an actress who has appeared in “Baywatch” and “Married . . . With Children.”

Defense attorney John Barnett cited two California Supreme Court rulings he said prohibits prosecutions in the state’s courts for crimes committed outside its territory, even if the suspect plotted the crime within the state.

“We’re not agreeing any of those things happened, but if they did, California has no jurisdiction,” Barnett said.

Deputy Dist. Atty. James Mulgrew argued Wednesday that California has jurisdiction over the case because the alleged crime started in the state. According to testimony, Bechler told a girlfriend that he carefully plotted his wife’s slaying, renting the boat days in advance and smuggling onto the boat a 35-pound dumbbell that he used to bludgeon his wife.

“This crime was well under way when Mr. Bechler ventured out to sea with Mrs. Bechler,” Mulgrew said.

Prosecutors also contend that the state’s three-mile nautical boundary starts from Catalina Island, which is 26 miles from the coast. Barnett argued that the boundary extends from the coast, then starts again from its islands.

It is routine for defense attorneys to ask a judge to dismiss a case for lack of evidence after the prosecution rests its case. Fasel’s decision to suspend testimony while he considers the motion is a sign that Barnett may have found an issue with merit, legal experts said.

“You have to show not that he started the crime in California, but that he took substantial steps to commit the crime in this jurisdiction,” said Laurie Levenson, a former federal prosecutor now teaching at Loyola Law School. “What this may come down to is: Where do the water boundaries of California end?”

Crimes allegedly committed at sea often result in complex litigation involving treaties and international laws. For example, a Los Angeles County man alleged to have killed his wife during an ocean cruise 22 miles off the California coast could face prosecution in the Bahamas, where the ship was registered, said Assistant U.S. Atty. Kendra McNally.

McNally convicted the man, Scott Roston, in 1989 in federal court. His conviction was upheld on an appeal, which focused on whether his attorney should have challenged federal prosecutors’ jurisdiction over the case.