Judge puts off Wozniak sentencing while defense reviews records

Family members of two murder victims pleaded with an Orange County judge Friday to put an end to delays in their case and sentence convicted killer Daniel Wozniak to death.

From a podium behind a row of lawyers, June Kibuishi, one victim’s mother, said she feels as if she’s being held hostage, prevented from finding closure as the legal process grinds on.

Despite her tearful request, Kibuishi will have to keep waiting.

Superior Court Judge John Conley decided Friday to push back the proceedings, agreeing to allow Wozniak’s attorney, public defender Scott Sanders, more time to review evidence that Sanders believes should have been available to him before trial.

After many trial delays, a jury recommended in January that Wozniak, a 32-year-old community theater actor from Costa Mesa, be executed for murdering Army veteran Sam Herr, 26, and his friend Juri “Julie” Kibuishi, 23, in 2010.

Wozniak was scheduled to be formally sentenced next week.

On Friday, Conley didn’t set a new date for the sentencing, instead asking lawyers to check in with their progress next month.

“I thought our long-overdue journey to trial was over, only needing to wait for the official sentencing,” said Herr’s father, Steve.

But Wozniak’s defense says it needs to study recorded phone calls and thousands of pages of documents disclosed since January before crafting a motion asking the judge to dismiss the death penalty or grant a new trial.

Most notably, the Orange County Sheriff’s Department revealed that a group of deputies for years kept a secret log of their interactions with jailhouse informants, including one who spoke with Wozniak behind bars.

Sanders has long argued that law enforcement in Orange County can’t be trusted to turn over evidence that defendants are entitled to see before trial.

Responsibility for the delay lies at the feet of sheriff’s deputies who failed to turn over the records originally, Sanders said.

“We should have the time ... to respond to something that isn’t our fault,” he said.

The attorney representing the Sheriff’s Department, Deputy County Counsel Elizabeth Pejeau, objected to Sanders’ characterization. Higher-ups at the department disclosed the log as soon as they learned about it, she said.

Conley has been skeptical of Sanders’ attempts to tie any possible law enforcement wrongdoing to the Wozniak case.

Most of Sanders’ accusations center on the alleged misuse of jailhouse informants. As Conley has pointed out, no information from informants was used to prosecute Wozniak.

“Our perspective is the concealment of evidence is always relevant,” Sanders told Conley on Friday.

But the victims’ families accused Sanders of pursuing his own agenda at their expense while knowing it couldn’t change the verdict.

“We can’t even think of any act … that would change the perception of any jury, and it certainly would not change the fact that [Wozniak] joyfully murdered my daughter and her friend Sam,” June Kibuishi said.

According to a videotaped confession played during the trial, Wozniak smiled and laughed as he decapitated Herr’s body.

Steve Herr, who visits his son’s grave weekly, said he yearns for the day he can arrive at the plot and say, “This chapter’s finally over, Sam. I love you. I’ll see you next week.”