Bechler’s petition denied

Deepa Bharath

A 36-year-old former Newport Heights resident and father of three,

found guilty of murdering his millionaire wife and dumping her body

in the ocean, lost his bid for a new trial last week after an

appellate court denied his petition.

Eric Bechler was sentenced to life in prison without the

possibility of parole after he was convicted in March 2001 of killing

his 38-year-old wife, Pegye, during a boating trip off the Newport

Beach coast that took place in July 1997. Bechler was 31 at the time

of the murder.

Prosecutors had argued that Bechler bludgeoned his wife on the

head, stuffed her dead body in trash bags and weighted her down into

the ocean. Pegye’s body was never found. Prosecutors said he killed

her to get more than $2 million in life insurance.

Jurors found Bechler guilty of a special circumstance of “lying in

wait,” and determined that he attacked her suddenly in an

unsuspecting moment. They, however, acquitted Bechler of a charge

that he murdered for financial gain.

Bechler’s attorneys had filed the appeal based on jurisdiction

issues and other matters relating to the body of evidence in the

case. Defense Attorney John Barnett had argued that according to

prosecutor’s accounts, Bechler had killed his wife and dumped her

eight miles off the coast. But, he said, the Orange County sheriff’s

jurisdiction ended within four miles of the coast.

Another factor that was part of the appeal was the “corpus” issue

-- in other words, a “body of evidence” that could be negated because

of lack of proof that a crime happened. The law states the court

should not consider any of the defendant’s statements unless there is

evidence of a crime. And usually the victim’s body is the prime proof

that a murder was committed.

Bechler’s attorney, William Kopeny, said he will file a petition

to the appellate court to rehear the appeal. If that petition is

denied, he will appeal it further to the state Supreme Court.

“The family feels very strongly that my client will get a

favorable decision,” he said.

Kopeny said the state Supreme Court has the authority to correct

errors in rulings made by lower courts. Several issues were raised in

Bechler’s appeal and the appellate court had responded with a 45-page

opinion, he said.

Among the issues, the court was critical of the video tapes of sea

trials, which prosecutors used to show that Bechler’s story about his

wife’s disappearance was not credible, Kopeny said.

Bechler had claimed he was on a body board behind a rented

speedboat when a wave pitched him under water. When he surfaced, he

said, his wife had disappeared.

“The court was of the opinion that the sea trials were not

conducted in similar conditions and should not have been received as

evidence,” Kopeny said.

Eric Bechler’s mother, Linda Bechler, said she “is disappointed

with the appellate court’s decision.”

“Mr. Kopeny did an excellent job with the appeal,” she said. “But

we hope that the California Supreme Court judges the case on its

legal merit.”

The Bechler family still operates the freebechler.com Web site

that gives updated information about Bechler’s appeal process. The

site also offers a $50,000 reward for information about the

whereabouts of Pegye Bechler, who it claims may have escaped to

another country to dodge federal prison time for Medicare fraud.

In January, ARV Assisted Living Inc., a Costa Mesa company once

operated by Eric and Pegye Bechler, agreed to pay $1.6 million to

resolve allegations of Medicare fraud. The settlement stemmed from

allegations that GeriCare, a wholly owned ARV subsidiary from 1996 to

1998, improperly charged costs on its Medicare cost reports from 1992

to 1998.

“We have gotten a lot of response from all over the country

supporting Eric,” Linda Bechler said. “The Web site is under

reconstruction now but will be up shortly.”

Linda Bechler said she will visit her son in state prison this

weekend.

“He’s doing just fine,” she said. “He’s well-liked there and is

even working in the legal library.”

Pegye’s father, Glenn Marshall, who lives with his wife, June, in

Dexter, N.M., said he is happy with the outcome of the appeal, which

was decided Friday.

“It was one more good step,” he said. “The district attorney had

assured us that we had a strong case.”

But despite the law and what goes on in courts, “life goes on,”

said Marshall. The Marsalls adopted two of Bechler’s children after

his arrest.

“We have two of our grandchildren and our older daughter has one,”

Marshall said. “The boys are playing football. The girls playing

soccer. They’re happy little children.”

Bechler was arrested in October 1999 after a two-year

investigation. Authorities had Bechler’s girlfriend, actress Tina

New, wear a recording device and capture a conversation about the

murder.

New was also the star witness in the high-profile trial that was

featured by television programs such as ABC’s “20/20” and covered by

channels such as Court TV.

New, who is now married, the mother of three children and

expecting her fourth child, said Bechler still gives her nightmares.

“I’m ecstatic that the appeal was denied,” she said. “But I always

fear he’s going to do something to me when I least expect it.”

She even fears for her life, New said.

“I think about him every day,” she said. “I never leave my door

unlocked. I have ‘caller ID.’ It scares me sometimes to think that he

wouldn’t have gone to prison if I hadn’t worn the wire. He would’ve

been a free man. And I’m sure he’s sitting there in his jail cell

thinking about me and how I sent him to jail.”

* DEEPA BHARATH covers public safety and courts. She may be

reached at (949) 574-4226 or by e-mail at deepa.bharath@ latimes.com.