From InTheNews: GT in the News..

Prosecutor's maneuver aims to combine trials of San Bernardino slaying suspects

10:00 PM PDT on Tuesday, March 13, 2007

By JOHN F. BERRY
The Press-Enterprise

SAN BERNARDINO - Three defendants in a 2000 shooting that killed four gang members in San Bernardino could go on trial together later this year after a prosecutor played some courtroom hardball Tuesday.

Cheryl Kersey, the lead prosecutor for the San Bernardino County district attorney's hardcore gang unit, unexpectedly dismissed, then immediately refiled, six charges against Lorenzo Inez Arias as opening statements drew near in his death-penalty murder trial.

"This was a procedural decision made by the district attorney's office to reunite the three defendants for trial," Kersey wrote in a news release. "At this point, we anticipate having one trial which serves the public and the interests of justice."

Kersey said later Tuesday that the tactic means Arias' trial could be delayed for a couple of months, possibly buying time so his case can be merged with those of the other two defendants, who should then be ready for trial.

Arias, 28, along with Luis Mendoza, 30, and John Adrian Ramirez, 33, are charged with four counts of murder and two of attempted murder in what police called well-orchestrated shootings July 9, 2000.

Police said the killers finished off their victims by shooting them in the head point-blank. The three defendants face the death penalty if convicted.

Killed were: Johnny Agudo, 33; his brother, Gilbert Agudo, 27; and Marselino Luna, 19, all of San Bernardino. Also killed was Anthony Luna, 23, of Grand Terrace. The Lunas are related to the Agudos through marriage, police have said.

The shootings were dubbed the "Dead Presidents" murders because the deceased were suspected of being gang leaders.

On Feb. 23, Kersey unsuccessfully argued before Superior Court Judge Michael Smith that Arias and Mendoza should not be tried separately.

Kersey said witnesses were already receiving death threats, and later trials would grow longer because of additional transcripts.

Smith separated the Arias and Mendoza cases, creating the possibility that all three defendants would have their own trial. Smith cited Arias' refusal to waive more time en route to a speedy trial. He also said jury selection was well under way.

Ramirez accepted a plea agreement in 2002 but was allowed to withdraw it last year, according to court records. His trial was to follow Arias' and Mendoza's because his attorney was new to the case and needed more time to prepare.

A fourth suspect in the killings, Froylan Chiprez, 32, has not been arrested since a warrant was issued in 2001. Kersey said Chiprez has fled to Mexico.

On Tuesday, Arias pleaded not guilty to his new charges. He returns to court March 22 for a preliminary hearing.

Barbara Michowski
Article Launched: 03/13/2007 02:14:52 PM PDT


Barbara Elinor Michowski, a former resident of Redlands, died of chronic obstructive pulmonary disease March 9 at her home in Grand Terrace. She was 73.

She was born Feb. 18, 1934, in Redlands and had lived in Grand Terrace for 15 years.
She was an assistant financial adviser for the city of Grand Terrace for 15 years and was a member of Holy Name of Jesus Catholic Church (formerly Sacred Heart Church) in Redlands.
Survivors include daughters Teresa Fry of Grand Terrace, Donna Soder of Redlands and Beth Boos of Claremont; sons Thomas Michowski of Port Angeles, Wash., and Gary Michowski of Grand Terrace; brothers Don Nash of San Jose and John Nash of Utah; and many grandchildren and great-grandchildren.

Rosary will be recited at 7 p.m. today at Cortner Chapel, 221 Brookside Ave., Redlands. Mass will be celebrated at 10 a.m. Wednesday, March 14, at Holy Name of Jesus Catholic Church, 115 W. Olive Ave., Redlands. Burial will be at Hillside Memorial Park.