Golay case could be put off following motion to dismiss
DOWNTOWN LA Sleep deprivation might further postpone the case of a murderous Santa Monica landlord.
Alleging that his client was deprived of sufficient rest during the preliminary hearings in March, the defense attorney for Helen Golay — who stands accused of murdering two homeless men in an elaborate insurance scam — filed a motion to dismiss the case against the 76-year-old woman on April 3.
“She wasn’t able to get much rest,” said attorney Roger Jon Diamond on Tuesday.
Golay and codefendant Olga Rutterschmidt, 74, are expected to meet again in court this morning for their pre-trial.
The motion to dismiss states that Golay was denied her right to due process as outlined under the United States and California constitutions, and her right to a fair preliminary hearing under California Penal Code.
Golay, a former Ocean Park property owner, and her alleged accomplice Rutterschmidt are charged with the murders of Paul Vados and Kenneth McDavid, who were killed in separate yet similar hit-and-run incidents in 1999 and 2005, respectively. Investigators believe the elderly duo befriended the two men when they were still homeless, setting them up in apartments and gaining their trust. The women then allegedly convinced Vados and McDavid to sign them onto their life insurance policies before they were killed.
Today’s expected brief pre-trial will give all parties an opportunity to tie up any loose ends before the case goes to trial, including discussing possible court dates, determining whether any more motions will be filed and to iron out any discovery issues.
The trial is tentatively scheduled to commence on May 23, but the date could be postponed on Friday if Judge Curtis Rappe grants Diamond’s motion to dismiss. The hearing will be held at the Clara Shortridge Foltz Criminal Justice Center.
Another motion to dismiss could also be heard on Friday. Rutterschmidt’s defense attorney, public defender Michael Sklar, filed a motion to dismiss a few weeks ago based on insufficient evidence against his client.
Sklar was not available for comment. Deputy District Attorney Shellie Samuels has not determined a course of action if the judge does indeed grant the motions, said DA Spokeswoman Sandi Gibbons.
“We don’t believe the case is going to be dismissed,” Gibbons said. “We would make the decision on how to proceed after the ruling.”
If the judge sides with the defendants, Samuels could either appeal the order or attempt to re-file the case. If the judge denies the motions, Diamond and Sklar would have 15 days to ask the court of appeals to review the case.
“It is therefore not realistic to expect the trial date (will begin on May 23),” Diamond said.
The reason for dismissing the case against Golay can be traced back to the preliminary hearings on March 12-15. Diamond complained throughout to Judge David Wesley that Golay, who is being held at the Century Regional Detention Facility in Lynwood, was suffering from sleep deprivation.
“Golay was deprived of a substantial constitutional and statutory right at her preliminary hearing because she was physically exhausted and mentally exhausted from lack of sleep... by her transportation to and from the jail to the Criminal Court Building,” Diamond states in the motion.
Included in the motion are transcripts of dialogue between Diamond and Wesley during the preliminary hearing as it pertains to Golay’s fatigue. The transcript shows Diamond informed Wesley each morning of the preliminary hearing that Golay was not getting enough sleep, mainly because she was being awoken at 3 a.m., even though the hearings didn’t begin until about 9 a.m.
The inmates in the LA County system are awaken at about 3 a.m., are placed in the buses and sorted out to the various courthouses, Diamond said.
On the final date of the preliminary hearing, Wesley states that if the matter does go to trial, special arrangements will be made for Golay and Rutterschmidt.
“I’m not as concerned about the preliminary hearing because it’s a short period of time,” Wesley said at the time. “But it’s clear to me that for a trial, as to both of the defendants, special arrangements are going to have to be made.”
Golay is not doing well at this time, Diamond said. She’s locked up in a cell for 23 hours and is allowed outside for only a brief period of time.
“It’s brutal and she hasn’t been convicted of a crime,” Diamond said. “I’m talking about punishment for innocent people.”
Originally published in the Santa Monica Daily Press print edition on May 2, 2007. Read the original PDF.