This could be the last chance for the prosecution and defense to
strike a deal before the trial commences.
For the second time this week, Superior Court Judge Kenneth Shapero delayed the attempted murder trial of Charles Richard Handley. This time until Aug. 21.
This could be the last chance for the prosecution and defense to strike a deal before the trial commences, according to Deputy District Attorney Amir Alem. A scheduling hearing will take place 8:30 a.m. Thursday in Department 91 at the Santa Clara County Superior Court in San Martin.
In recent weeks, Judge Shapero has denied last-minute motions by the defense claiming the prosecution did not bring forward enough evidence during the preliminary hearings to permit a trial and that police illegally seized some of the evidence introduced. A trial seems inevitable, but scheduling could prove complicated if a settlement fails.
“Next week we will discuss the trial schedule, but there might be a resolution to the case,” Alem said, adding that some of his witnesses will be out of town late next week and others the following week. This makes scheduling difficult, Alem said, but if it comes to trial, the sides will have to figure out a calendar.
As for the evidence in question, Judge Shapero denied the motion on the grounds that Handley consented to the search of his home, according to Deputy District Attorney Frank Carrubba, who has filled in for Alem during the past two appearances. Alem said he will appear in person next week. Earlier this year, Superior Court Judge Hector Ramon ended a lengthy pre-trial process by upholding two attempted murder charges against Handley.
Judge Ramon allowed the evidence in February, but Handley’s private defense attorney, Victor Vertner, has claimed police had no right to take some revealing letters. While Judge Shapero ruled against the defense in that sense, he affirmed that the prosecution will have to obtain a search warrant to inspecting the contents of Handley’s computer, which police confiscated after Handley consented to the search, Carrubba said.
During the round of preliminary hearings earlier this year, the prosecution and defense debated the exact sequence of events that transpired April 25 at 971 Festa Aglio Court. Early that morning Handley fired a .357 magnum handgun at his former daughter-in-law, Lynda Handley, and her boyfriend, Lynn Ryle.
Vertner tried to lessen the charges to assault with a deadly weapon, but Alem told Judge Ramon he could not disagree more: Alem cited Handley’s early morning drive from San Jose to Gilroy, a note he left for his family that implied he planned to kill Lynda Handley and Ryle, the gun he took from his son and the extra ammunition he brought with him.
Vertner argued that his client had the opportunity to kill Lynda Handley multiple times, but did not, and that he never aimed precisely at Ryle, just in his area when he fired two shots at him. Vertner also argued that there was not enough evidence to evince the twists and turns of the struggle that morning, which, he has argued, prevented the prosecution from proving that Handley had the express intent to murder.
Gilroy Police Robbery and Homicide Detective Stan Devlin testified about Handley shooting twice at Lynn Ryle, missing both times, and then wrestling with Lynda Handley, during which she was shot in the leg. At some point, Ryle hit the alleged assailant in the head with a coffee mug and then strong-armed the gun away from Charles Handley before pinning the latter down and waiting for police to arrive, according to police reports.
