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Murder Indictment Dismissed, Suspect Is Rearrested

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TIMES STAFF WRITER

A Ventura County judge Friday dismissed a murder indictment against one of three suspects accused of participating in the October 1998 slaying of Ventura teenager Nichole Hendrix.

Bridget Callahan, 30, of Ventura was rearrested moments after the case was dismissed at the request of state prosecutors. She is scheduled to be arraigned on murder charges next week.

Deputy Atty. Gen. Michael Katz sought the dismissal in light of a recent court ruling that found the county’s grand jury selection process is flawed.

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Last month, Santa Barbara County Superior Court Judge Frank Ochoa threw out a murder indictment after concluding that the 2000-01 Ventura County Grand Jury was composed of too many men and did not reflect a fair cross-section of the community as required by law.

Other defendants indicted by the same panel are now bringing similar legal challenges, and Callahan’s lawyer indicated plans to join them.

That prompted Katz to seek dismissal of the case to avoid potentially time-consuming litigation.

“It was pretty obvious to me the defendant in this case was going to bring a motion based on that decision,” Katz said of Ochoa’s ruling.

Katz’s request was granted by Ventura County Superior Court Judge Vincent J. O’Neill Jr., who said: “I think it is a reasonable step

The dismissal is the latest twist in Callahan’s case, which has been mired in controversy amid allegations that authorities used her as an informant and months later indicted her on suspicion of first-degree murder. Callahan’s lawyer, Joseph O’Neill, contends she was tricked by law enforcement after being promised immunity from prosecution.

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The Ventura County district attorney’s office denied the allegations, then handed the case over to the state attorney general’s office last year to avoid an appearance of impropriety.

A defense motion to dismiss the charges on grounds of prosecutor misconduct was set for a hearing later this month but will now be delayed as lawyers proceed with the preliminary hearing.

Callahan’s lawyer suggested Friday that state prosecutors sought the dismissal not because of Ochoa’s ruling but to avoid an embarrassing hearing on the misconduct issue.

Meanwhile, one of Callahan’s co-defendants, David Ziesmer, has filed a motion to have his indictment dismissed based on the ruling from Santa Barbara.

And motions to dismiss indictments in the drug and racketeering case against members of the Ventura Hells Angels chapter are scheduled for a hearing on Monday.

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