DDA in Weller case to go on maternity leave
Attorneys said a jury trial will likely be postponed until March of 2006 for Russell Weller, 88, who killed 10 and injured dozens of people when he drove his car through the Santa Monica Farmers’ Market more than two years ago.
Weller, 88, faces 10 counts of vehicular manslaughter with gross negligence, which were filed by the Los Angeles District Attorney’s Office several months after the July 16, 2003 crash. If convicted on all counts, Weller’s sentence could range from probation to 18 years in prison, according to the DA’s office. Weller has pleaded not guilty to the charges.
Deputy District Attorney Ann Ambrose, who is prosecuting the case, said she is ready for trial. However, Ambrose is expecting to go on maternity leave in September.
Ambrose has agreed with Weller’s attorney, Mark Overland, to postpone the trial until she returns to her position in March.
Overland has previously said he is still finalizing his defense and describes Weller as being in failing health. However, he said holding off the trial until next year was an agreement reached by both parties.
Ambrose said she discussed passing the Weller case on to another DDA. However, due to its scope, she has decided to keep it.
“This has been a lengthy investigation involving several hundred witnesses,” Ambrose said. “It would take more time to pass the case on to someone else, who would not only have to review the case, but also re-interview witnesses.”
Ambrose said, once underway, the trial itself might take months to complete.
Laurie Levenson, a Loyola Marymount law professor, said it is not uncommon for criminal cases to take a long time before they go trial.
She said it is unlikely the attorneys involved have been working deliberately to prevent bringing Weller to justice.
“There may not seem to be a great sense of urgency from the (legal) parties point of view, a feeling which may be different than the victims and family,” Levenson said. “I don’t think it’s intentional to delay the case.”
“Regardless if it’s going on maternity leave or taking a summer vacation, people just do those things.”
Federal safety investigators ruled last year that Weller mistakenly stepped on the gas rather than the brake as he drove west on Arizona Avenue. Investigators ruled out mechanical failure, weather, alcohol or drugs, and fatigue.
Weller traveled 995 feet through the market at speeds of up to 60 mph, avoiding parked cars but propelling pedestrians into the air before stopping, a 900-page California Highway Patrol report said. The 10 people killed ranged in age from 7 months to 78 years old.
Days after the crash, Weller issued a statement saying he was distraught and heartbroken. His attorney called it an accident. Since then, Weller has remained secluded in his Santa Monica home.
Meanwhile, 63 civil lawsuits have been filed against the city of Santa Monica and the Bayside District Corp., which oversees the market. Those civil proceedings are on hold until the criminal trial is complete. There also are dozens of civil lawsuits filed against Weller, as well as the Los Angeles County’s agricultural commissioner and the state of California.
Attorneys representing the plaintiffs argue the city should have had protective barriers at both ends of the market. The City Attorney’s Office argues that Santa Monica officials maintain that it was a tragic accident that couldn’t have been foreseen. Police vehicles are now parked at both ends of the market.
Originally published in the Santa Monica Daily Press print edition on July 23, 2005. Read the original PDF.