Bechler appeals ‘miscarriage of justice’

Deirdre Newman

Calling Eric Bechler’s murder conviction for bludgeoning his wife

to death “a miscarriage of justice,” an appellate attorney is

claiming there are nine compelling reasons why the verdict should be

overturned.

William Kopeny, a veteran appellate attorney, filed his opening

brief Tuesday at the 4th District Court of Appeal in Santa Ana.

Bechler, 34, was convicted of first-degree murder in February 2001

for bludgeoning his 38-year-old-wife, Pegye, on a boat rented from

Newport Harbor and then dumping her body in the ocean in trash bags

filled with weights. He was arrested more than two years after she

disappeared July 6, 1997.

The opening brief spans a whopping 98 pages -- 23 pages more than

the maximum allowed. Kopeny argues the length is necessary to fully

detail the nine issues he raises.

The main points of the appeal include the arguments that

insufficient evidence was presented during the trial, that the

California courts do not have jurisdiction over where the body was

allegedly dumped, and that the jury was not allowed to consider the

lesser offense of manslaughter. Several of the points, if recognized

by the Court of Appeal, would prevent another trial under the state’s

double jeopardy clause.

Deputy Dist. Atty. Debbie Lloyd, who prosecuted the case, said

some of Kopeny’s arguments were already raised during the trial

process.

“There’s nothing that I see that hasn’t already been brought up,”

Lloyd said. “I don’t see anything in here that jumps out at me at

all.”

The insufficient evidence claim alludes to the fact that Pegye’s

body was never found.

The Bechler murder trial drew national attention, as well as

intense focus locally. The Bechlers lived in a Newport Heights home

with an ocean view, drove an expensive Porsche and were part of an

exclusive social scene.

The jurisdiction argument relates to the state defining the

territorial boundary of California as extending the equivalent of

just less than 3 1/2 miles offshore. During the trial, the

prosecution presented evidence establishing that the murder took

place 4 1/2 to five miles offshore.

Kopeny argues the jury could have believed Bechler was guilty of

the lesser crime of manslaughter because of some of the evidence

presented at the trial. He claims no instructions on a possible

manslaughter conviction were given.

The appellate attorney also argues that even if each of the first

eight points are not independently sufficient to reverse the murder

verdict, a new trial is still warranted because of a cumulative

effect of errors.

Kopeny did not return phone calls for comment.

Pegye’s father, Glenn Marshall, said although he expected an

appeal to ultimately be filed, he sees no merit in Kopeny’s extensive

arguments.

“If you don’t have much of a point and nothing to say, it takes a

lot to say, and if you have a real point, it only takes two to three

pages,” Marshall said. “I can’t imagine this in any way being

considered manslaughter.”

Bechler’s mother, Linda, declined to comment on the case.

The Web site dedicated to freeing her son, however, does contain a

denial of guilt from Eric Bechler.

“I did not kill my wife Pegye,” he writes. “With the help of God,

family, friends and your prayers, I will prevail in my appeal and be

reunited with my children and family. I was convicted solely on

speculation and many of my rights were violated.”

* DEIRDRE NEWMAN covers education and is the interim public

safety reporter. She may be reached at (949) 574-4221 or by e-mail at

deirdre.newman@latimes.com.