Defense continues case despite witness’ denial

Deirdre Newman

A day after James Munro recanted a story linking executed murderer

William Bonin to the murder of a Costa Mesa teenager, a Riverside

County Superior Court judge heard another tape of Munro’s previous

claim.

The defense team of James Lee Crummel, who was arrested in Newport

Beach in 1997 and accused of murdering the 13-year-old boy, is trying

to get this evidence admitted in his trial for allegedly killing

Jamie Lee Trotter. The trial is scheduled to start Monday.

Munro has told five people, over a period of 22 years, that Bonin,

the infamous “Freeway Killer,” killed Trotter, said Mary Ann Galante,

lead defense counsel for Crummel. Munro is serving a life sentence

for being an accomplice in one of Bonin’s murders.

Galante remains confident that Munro’s testimony will be admitted.

“The law is on our side as far as the admission of [Munro’s]

statements because the law says there must be direct or

circumstantial evidence linking Bonin to the actual crime, but it

only has to be evidence capable of raising a reasonable doubt of the

defendant’s guilt,” Galante said.

Deputy District Atty. Bill Mitchell rejects Bonin’s link to

Trotter’s murder.

“I’m tired of hearing about Bonin, especially since he has no

connection to the case,” Mitchell said.

Crummel’s defense team filed its request to admit Munro’s

statements in Riverside County Superior Court on Feb. 19. Crummel,

who is in prison on other convictions and was charged with one count

of murder with special circumstances in the Trotter case, pleaded

innocent in 2000.

Bonin was executed in 1996. He was convicted of murdering 14 boys

in Los Angeles and Orange counties in 1979 and 1980.

Tuesday was the third day of the hearing in Judge Dennis

McConaghy’s courtroom. On the first day, Munro refused to testify,

invoking his rights not to do so under the Fifth Amendment. On

Monday, McConaghy ruled that Munro did not have the ability to take

the Fifth and ordered him to testify about Bonin.

Crummel’s defense team played the first tape, from Jan. 9, when

Munro made statements linking Bonin to Trotter. Munro proceeded to

recant those statements, Galante said. Munro also said he didn’t want

to testify in court because he was afraid it would negatively affect

his parole hearing in September, Galante added.

“The fact remains that he didn’t recant any of this until the

prosecution got their hands on him,” Galante said. “His story for the

past 22 years has been consistent and then the district attorney gets

their hands on him a few months before his parole hearing and now

nothing happens.”

Munro also said Monday that Galante and defense investigator Gene

Brisco had offered to represent him, free of charge, at his parole

hearing. Galante vehemently denied that accusation.

“That is absolutely untrue and I’m certainly not putting my

license and integrity on the line for anything,” Galante said.

On Tuesday, Crummel’s defense team played another taped interview

of Munro linking Bonin to Trotter. On this tape, Munro is heard

identifying a picture of Trotter from a line-up and says he is 100%

positive of his choice, Galante said.

McConaghy is expected to rule Monday on whether Munro’s statements

can be admitted.

Before the trial starts later Monday morning, Galante said she

will request that McConaghy dismiss the case against Crummel based on

the defense team’s belief that crucial dental evidence of Trotter’s

is missing.

“The teeth are missing and the original x-rays are missing, so

there’s not enough to prove it was Jaime Trotter,” Galante said.