Film crew is permitted to tape SM murder trial
DOWNTOWN LA — Accused rapist and murderer Victor Paleologus will face a line of alleged prior victims in court, after a judge on Friday ruled the 2003 killing of a Santa Monica woman continued a disturbing pattern.
Kristine Johnson, 21, was found dead in a Laurel Canyon ravine in early 2003, partially nude, with her ankles bound by shoelaces. She had told roommates she was going to a photo shoot in Beverly Hills with a man she met at a shopping mall, and was instructed to wear stiletto heels, a black miniskirt, nylons and a collared blouse.
Paleologus tried a similar ruse on at least eight other women, according to prosecutors, who convinced Los Angeles Superior Court Judge Robert Perry to allow the other women to testify against Paleologus in front of a jury. Judge Perry on Friday also set a trial in the case for early next year and agreed to let a television crew film the proceedings, on the conditions that witnesses’ faces be censored and no footage be aired until after the trial is completed.
Defense attorney Andrew Flier said the alleged victims should be excluded because the earlier incidents weren’t sufficiently similar. He called the judge’s ruling an unfair and possibly terminal blow to his defense.
“A lot of people try to meet ladies, pick up on them, and a lot of people lie,” Flier argued during the hearing at the downtown Los Angeles courthouse. “It seems like the court, with all due respect, is trying to fit the people’s theory into this case... I can’t think of anything more unfair in a trial.”
Judge Perry countered by outlining what he called unique similarities between Johnson’s disappearance and subsequent murder, and the scenarios described by the other alleged victims. In the earli-er cases, Paleologus allegedly met the women in malls, posed as a photographer or entertainment industry executive casting for a new James Bond movie, asked the women to wear miniskirts and stiletto heels, took them to a vacant restaurant or hotel room, tied them up and aggressively assaulted them, the judge said.
“Your argument is stronger if there weren’t so many,” the judge told Flier.
The 42-year-old Paleologus may face the death penalty if convicted. He agreed to serve three years of probation after a jury in 1991 deadlocked on charges of attempted rape, assault and false imprisonment. In that case, he allegedly lured a woman into a hotel room after telling her she would meet famous people, including Madonna, at a party for record executives. Paleologus then allegedly tied the woman to a hotel bed and attempted to rape her. The woman managed to escape.
Paleologus has been convicted of six felonies, ranging from grand theft to burglary and assault. He was released from state prison on Jan. 20, just three weeks before Johnson’s disappearance. Calls were made from both Johnson’s and Paleologus’ cell phones the day Johnson disappeared, in the area where her body was found.
Dressed in an orange jumpsuit and wearing black slippers with white socks, an unshaven Paleologus sat silently next to his attorney through most of the proceedings on Friday, speaking only when asked by the judge if he agreed to postpone his trial until next year so the final evidentiary issues could be ironed out.
“Yes, your honor,” replied Paleologus, whose wrists remained cuffed to a chain around his waist.
Though the circumstantial evidence against Paleologus appears strong, Flier maintained that not one shred of physical evidence ties Paleologus to the Johnson murder. As to the previous alleged victims, Flier said two of the women have no corroborating evidence and another two claim they were approached by Paleologus at a time when he was serving time in prison. He accused the women, who contacted police after Johnson’s disappearance, of seeking media attention by getting involved in the case.
“This really comes down to fundamental fairness,” Flier said, before the judge issued his decision. “Without this type of evidence, this man is going to be found not guilty, with me as his lawyer.
“I think it’s unfair, that’s what I want to say,” Flier later added. “I think the system’s unfair... These are going to be eight, and I’ll make sure of it, these are going to be eight separate trials. I just think it’s too much.”
Judge Perry countered that a jury should be permitted to hear all the evidence.
“I realize there are issues of credibility, Mr. Flier, and will impeach the testimony of some (of the alleged victims), perhaps,” the judge added. “These are issues to be dealt with at trial.”
While both sides prepare for trial, Deputy District Attorney Eleanor Hunter, the lead prosecutor in the case, is believed to be a top candidate for a judicial appointment by Gov. Arnold Schwarzenegger. Hunter assured Judge Perry she would bring an assistant up to speed before appointments are announced next year.
Judge Perry, who has tried 17 other capital cases, said the trial already had been delayed too long.
“We had a preliminary hearing in June of 2003 and here we are at the end of 2004 still without a firm trial date,” he said. “I think we should definitely try this case in the early part of next year, and I’m very firm in that belief.”
Originally published in the Santa Monica Daily Press print edition on December 18, 2004. Read the original PDF.