Sheriff’s experiments allowed as evidence in Bechler murder trial

Deepa Bharath

SANTA ANA -- A Superior Court judge ruled Wednesday that the

prosecution can present sea experiments conducted by sheriff’s deputies

as evidence in Eric Bechler’s murder trial.

Bechler, 33, is charged with murdering his wife, Pegye Bechler, during

a July 6, 1997, boating trip off the Newport Beach coast. He has pleaded

not guilty, saying that Pegye, an expert swimmer and triathlete, was

knocked off the boat by a giant wave as she was driving it and towing him

on a boogie board.

The Orange County district attorney’s office has alleged that Bechler

killed his 38-year-old wife to collect on her $2.5-million life insurance

policy. The case has been delayed several times, however. Jury selection

is scheduled to begin Monday.

Part of the prosecution’s evidence is a videotape of two sea

experiments conducted by the Orange County Sheriff’s Department to

determine if the victim could have fallen off the boat, instead of being

pushed.

One experiment was conducted in 1997 and the other in February.

Superior Court Judge Frank F. Fasel said Wednesday it will be “helpful

to the jury” to view the videotaped experiments, although the deputy who

conducted the experiment cannot be treated as an expert witness.

The tape, according to the prosecution, shows that under similar

conditions, people who stood on the boat did not fall into the ocean.

Defense attorney John Barnett argued that a sheriff’s deputy whose

opinion cannot be considered “expert testimony” is not qualified to draw

that conclusion.

Further, Barnett said, the wind conditions on the day of the

experiments were different than the day Eric and Pegye Bechler went out

on their excursion. He also added there are other variables to the test

results.

“These people knew they were being filmed and were hyper-vigilant so

they wouldn’t fall,” Barnett said.

He added that none of the experimenters were under the influence of

alcohol. The Bechlers were found to have had margarita in a thermos on

their trip.

Deputy Dist. Atty. Debora Lloyd countered that the experiments are

valid given the deputy’s years of experience in rescuing drowning

victims. Lloyd said there is no evidence that Pegye Bechler was drunk

when she was driving the speedboat.

Bechler, who was present at the hearing, didn’t hide his emotions as

the attorneys argued, nodding in agreement as Barnett spoke and shaking

his head as Lloyd argued.

Fasel sternly cautioned Bechler to cut out his “histrionics.”

“Don’t give me any hard looks,” the judge said as Bechler glared at

him. “I won’t take any ‘mad dog’ from you.”