Posted on 05/22/2003 4:16:36 PM PDT by Battle Hymn of the Republic
SAN FRANCISCO (BCN) -- A judge in San Francisco held two young men for trial on almost all counts in the 2001 robbery-killing of a state senator's son and several other street robberies committed the same night.
Dwayne Reed, 23, hung his head down as Superior Court Judge Kay Tsenin read her ruling. Last week she had found his Miranda rights had been violated and his admissions to police could not be used against him at trial, even though they were available at this stage of the proceeding because she deemed them voluntarily given.
Nineteen-year-old Clifton Terrell, Reed's co-defendant in the Nov. 17, 2001 shooting death of Hunter McPherson, was also held to answer today. The judge had previously ruled that admissions he made to police officers could not be used against him because he told them several times he did not want to talk, but a taped phone conversation with his mother about the crime would be admissible at trial.
Prosecutor Harry Dorfman has said the remaining confession - Terrell's - made only "oblique" reference to Reed's participation.
The one thing Tsenin dropped altogether was the prosecutors' assertion that the alleged robbery spree that night was gang-related, a charge that could lead to damaging evidence of previous gang activities being presented to jurors during trial.
Terrell is now facing seven felony counts, while Reed is facing eight because he's also accused of being a convicted felon in possession of a gun.
The pair was arrested within two weeks of the high-profile killing on Potrero Hill, where the 27-year-old McPherson was walking home with his girlfriend in the early-morning hours.
McPherson's father, state Sen. Bruce McPherson, R-Santa Cruz, said outside the courtroom he was pleased with the ruling and hoping the next legal phase wouldn't take as long as the 13-month preliminary hearing process. "This has been hell on everybody," he said.
Reed's attorneys said they were not surprised by the judge's decision. "Our victory was last week," said Brendan Conroy.
The defendants, who are being held without bail, are scheduled to return to court on June 6 for felony arraignment. Prosecutor Harry Dorfman said he expects to have discussions with both sets of defense attorneys about possible plea bargains.
If Terrell and Reed are convicted as charged, both would face life in prison without parole. But even without a special felony-murder conviction, Dorfman said both Terrell and Reed could be sentenced to prison for decades if a jury finds they committed three sets of armed robberies within an hour that night.
Dorfman said he would like to go to trial in the fall, while defense attorney Cheryl Wallace said such a serious case should not be pursued too quickly and many legal motions and arguments lie ahead.
"Everything will be briefed to the fullest," she said.
(Copyright 2003, Bay City News. All rights reserved.)
Prayers for his family, I hope this will make his father stronger and not as liberal.
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