Judge Won’t Quit McMartin School Case

The judge assigned to hear the McMartin Pre-School molestation case refused Friday to disqualify himself, as demanded by the defense.

“I deny I am biased or prejudiced against either defendant in this case for any reason or that a fair and impartial trial cannot be held before me,” Los Angeles Superior Court Judge Roger W. Boren said in a written response submitted to the presiding judge of the downtown criminal courts.

Defense attorney Daniel Davis, who represents Raymond Buckey, contends that Boren and Superior Court Judge Alexander H. Williams III have discussed the case, and that Deputy Dist. Atty. Lael Rubin has communicated the prosecution’s viewpoint to Boren through Williams, with whom, Davis said, she was intimately involved.

Denies Allegations

Boren said he has not talked to Williams about the case since it was assigned to him, has never had confidential discussions with him and recalls only one occasion--a local Bar association dinner last year--on which he had heard Williams mention anything about the case.

“He (Williams) mentioned that his daughter had been a victim, that he and his family had decided she would not be a witness and that he had some admiration for those families who had elected to proceed with their children as witnesses. His comments have had no affect on me whatsoever,” Boren said in his memo to Judge Aurelio Munoz, presiding judge of the downtown criminal courts.

Boren said he had told Munoz of that discussion before accepting the case.

Boren disclaimed knowledge of any relationship between Rubin and Williams, and said that he had not been and would not be influenced by any outside comments about the case, regardless of their source.

Acted Appropriately

The judge also said that he believes that he acted appropriately in issuing a protective order imposing restrictions on the defense’s access to prospective trial witnesses and in allowing news coverage of parent witnesses arguing before him. Davis had claimed that both actions were evidence of bias.

Another target of defense motions, Los Angeles County Dist. Atty. Ira Reiner, said Friday that his office is eager to go to trial “with our present trial team”--including Rubin, whom the defense is seeking to have taken off the case.

But he refused to answer allegations of “outrageous government conduct” and “criminal acts” made by defense attorneys in a motion seeking dismissal of the charges or an order prohibiting the district attorney from handling the prosecution.

“Our objective is to go to trial in a timely manner and prove our case involving two defendants (Raymond Buckey and his mother, Peggy McMartin Buckey) charged with 100 counts,” Reiner said in a statement issued by his office.

Assails Motives

To respond publicly to defense efforts “to disrupt, derail and prolong” the process would assure only one thing, he said, “that more defense allegations will be orchestrated and a trial date will move further away.” The district attorney’s office is preparing a written legal response to the defense’s motion, and will argue the issues in the courtroom, not in the media, he said.

Meanwhile, parents of children scheduled to testify at the trial rallied behind Rubin as “an effective, aggressive, competent prosecutor . . . and a thorn in the defense’s side.”

‘A Serious Blow’

“She is the only one with a continuing relationship with testifying children and their families, and her removal would be a serious blow to the (prosecution’s) case,” said attorney Greg Mooney, who said he represents 10 of the 11 families involved.