Superior Court Judge Kenneth Shapero scheduled Charles Richard
Handley’s attempted murder trial for August 11.
Superior Court Judge Kenneth Shapero scheduled Charles Richard Handley’s attempted murder trial for August 11.
Last month Superior Court Judge Hector Ramon upheld two attempted murder charges against Charles Handley, ending a lengthy pre-hearing. The trial will occur 9 a.m. in Department 91 at the San Martin courthouse, and there will be a pre-trial session to make sure both sides are ready July 10 at 8:30 a.m. in the same department, according to Deputy District Attorney Amir Alem.
Last month 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.
Last month, defense attorney Victor Vertner tried to lessen the charges to assault with a deadly weapon, but Alem told Judge Ramon he couldn’t 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 has 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 has 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 has 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.
Vertner is also expected to resurrect concerns this summer over some evidence police seized from the Handley home in San Jose. Judge Ramon allowed the evidence last month.
