Judge to rule on taped conversation in Bechler murder trial

Deepa Bharath

SANTA ANA -- A Superior Court judge is expected to decide today

whether to allow a key exhibit -- surreptitiously tape-recorded

conversations -- as evidence in the trial of a Newport Beach man accused

of murdering his wife.

Eric Bechler’s defense attorney, John Barnett, argued Monday that the

way authorities recorded the dialogue between the defendant and Tina New,

Bechler’s girlfriend at the time, “destroyed Bechler’s relationship with

his attorney” by interfering with attorney-client privilege.

Prosecutors allege that Bechler, 33, threw his 38-year-old wife, Pegye

Bechler, overboard three years ago during a boating trip off the coast of

Newport Beach. He has pleaded not guilty, saying his wife was swept

underwater by a giant wave as she drove a speedboat and towed him on a

boogie board.

Police arrested Bechler in November, three days after Orange County

Sheriff’s Department investigators wired New with a recording device

around her neck, which she used while she and Bechler were eating at a

restaurant.

The tapes, now sealed by the judge, reportedly contain Bechler

describing the circumstances of his wife’s death and revealing that his

marriage had been on rocky ground.

Barnett said Monday that authorities, during the investigation, “went

beyond simply listening to a suspect giving a statement.” He asked that

the court bar the tapes from being entered into evidence because

Bechler’s recorded comments were solicited improperly.

He said New asked Bechler specifically what his attorney told him and

discussed tactics with him. Barnett submitted that New’s “constant

badgering destroyed Bechler’s relationship with John Yzurdiaga, who was

his attorney at the time.”

Deputy Dist. Atty. James Mulgrew said New did not initiate any of the

discussions regarding Bechler’s lawyer.

“The defendant himself brought up the subject of his attorney,” he

said.

Barnett requested Monday that the judge either dismiss the case or

keep the tapes out of the trial.

“This is about the police trying to dig and dig and make a homicide

case where there is none,” Barnett said.

Jury selection is expected to begin this week.