Superior Court Judge Kenneth Shapero scheduled the attempted
murder trial of Charles Richard Handley for August 11.
Superior Court Judge Kenneth Shapero scheduled the attempted murder trial of Charles Richard Handley for August 11.
Last week, Judge Shapero also denied a last-minute motion by the defense claiming the prosecution had not brought forward enough evidence during the preliminary hearings to permit a trial. Earlier this year Superior Court Judge Hector Ramon ended a lengthy pre-trial process by upholding two attempted murder charges against Handley.
Before the trial begins next week, though, Judge Shapero will re-consider a renewed motion by the defense requesting the court suppress certain incriminating evidence seized from the defendant’s home. Judge Ramon allowed the evidence in February, but Handley’s private defense attorney, Victor Vertner, claimed police had no right to take some revealing letters.
The trial will begin 1:30 p.m. in Department 90 at the San Martin courthouse in front of Judge Shapero, according to Deputy District Attorney Amir Alem, who said last week’s hearing lasted about 45 minutes to an hour.
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.
