Judge to issue final ruling on Farmers’ Market report today
SM COURTHOUSE — One year to the day after an elderly driver sped through a Farmers’ Market and left 10 dead in downtown Santa Monica, key details from the ensuing police investigation will become public Friday, a judge ruled Wednesday.
Included in a 914-page accident report are statements made shortly after the crash by Russell Weller, 87, his wife and hundreds of witnesses, along with autopsy and vehicle inspection reports, and expert analysis and opinion of the fatal crash. Santa Monica Superior Court Judge Valerie Baker will decide today exactly how much of the report to release.
Judge Baker on Wednesday indicated nearly every detail ought to be made public, despite its possible effect on a pending criminal trial against Weller. She said she reached her decision after weighing First Amendment rights against Weller’s right to a fair trial.
Lawyers in the criminal case have kept the report private since December, when it was completed by authorities and handed over to prosecutors. The Los Angeles District Attorney’s Office filed 10 counts of vehicular manslaughter with gross negligence against Weller, who will stand trial this fall. In the meantime, Weller, a retired grocer who lives with his wife on 25th Street north of Montana Avenue, has remained secluded and is said to be in deteriorating health.
Mark Borenstein, one of Weller’s defense lawyers, joined with Deputy District Attorney Ann Rundle on Wednesday to argue the report should be protected by a court order. Among their arguments were that Weller’s statements likely wouldn’t be admissible in trial, and releasing details about witnesses to the crash could make them targets of harassment.
“People observed a terrible accident, they didn’t consent to an interview with the LA Times,” said Borenstein, one of at least five lawyers working for Weller. “We all have a modicum of privacy and you don’t lose that just because you witness something terrible.”
Rundle said she had received calls on the issue from members of the public as recently as last week, and suggested witnesses may be subjected to the same type of harassment. Borenstein added the report was likely to be posted online.
“It’ll be put on the Internet and people will have access to it, and there’s no protection from that,” he said. “Just because he’s accused of a crime, and just because he’s a defendant in a criminal trial... doesn’t give the world a right to see that.”
In making her decision to release the controversial report, Judge Baker reflected upon a variety of high-profile cases, including major media lawsuits and criminal cases surrounding celebrities like O.J. Simpson and Charles Manson. Because LA is a large metropolis, Judge Baker said pre-trial publicity wouldn’t make it impossible to find an impartial jury.
Though it’s not a party to the ongoing lawsuits, The Los Angeles Times joined the courtroom proceedings last week, arguing the public deserves access to the report under the First Amendment. Judge Baker previously had indicated the report would remain sealed at least until after a preliminary criminal trial was held. Judge Baker reversed course last week, issuing a tentative ruling to make the entire report public. She affirmed that ruling in her comments Wednesday, but reserved a final written order for today.
Weller’s attorneys are likely to appeal. Though many portions of the report will become public Friday, several other controversial sections will be protected for several more days, to allow Weller’s defense team to seek an injunction from an appellate court.
More than two dozen victims have filed civil lawsuits related to the Farmers’ Market crash. Because Weller’s assets will be quickly exhausted, the lawsuits also target a variety of other entities, including City Hall. Lawyers in the civil cases argue the city should have erected barriers to protect shoppers at the outdoor market on Arizona Avenue.
Originally published in the Santa Monica Daily Press print edition on July 15, 2004. Read the original PDF.