Weller lawyers ordered to appear

A judge ordered George Weller’s two lawyers Thursday to answer accusations that they made improper contacts with jurors after they convicted their client of driving through an open-air market three years ago, killing 10 people.

At the same time, the defense lawyers alleged three instances of misconduct by jurors during their three weeks of deliberations.

Los Angeles Superior Court Judge Michael Johnson ordered the defense lawyers to appear after Deputy Dist. Atty. Ann Ambrose said three jurors had complained to her that they had been contacted by a defense investigator in the aftermath of the trial. Weller’s lawyers are to appear in court Monday.

Weller, 89, was convicted Oct. 20 of 10 counts of manslaughter for driving his car through the Santa Monica Farmers’ Market and striking 73 people in 2003. The jury rejected the defense claim that Weller lost control of the car when he mistook the accelerator for the brake. Weller faces up to 18 years in prison; sentencing is set for Nov. 20.

After jurors returned their verdict, Johnson told them they could speak to lawyers or not, as they chose. He assured them that personal information about jurors would not be released.

Ambrose stated in court papers that one juror was upset by being unexpectedly contacted at work and home after being assured that personal information would be protected.

“She felt that she had completed her service and did not want to be questioned by the defense,” she said. Ambrose said the other two had similar complaints.

The lawyers, Mark Borenstein and Mark Overland, denied any impropriety

“They just don’t get it,” Overland said of prosecutors and Ambrose. “She’s got it wrong as usual.” He said the defense is not precluded from contacting jurors and said that the sealing of records with personal information about the jurors remains in effect.

“We have a perfect right to do it.” Ambrose “should be more concerned about the misconduct that we allege rather than trying to prevent us from bringing it out,” Overland said.

Overland said the defense is alleging that three instances of misconduct took place during deliberations: concealing bias, deliberations that took place outside the presence of some jurors and instances in which jurors talked to non-jurors.

Six of the jurors spoke openly with the media after the verdict. They also identified themselves.

The Weller case sparked debate on how well the state tests seniors’ driving skills, and led to several legislative proposals to tighten screening. The California DMV is to begin a pilot program next month for in-depth screening of those over 75 who seek to renew their driving privileges.

john.spano@latimes.com