Statements point toward death penalty in Jenner

<p>Prosecutors haven't declared whether they plan to seek the death penalty against five young murder defendants in the Jenner witness slaying, but statements in court Friday were taken as a shot across the bow by defense attorneys.</p><p>Deputy District Attorney Traci Carrillo notified all five attorneys that she had prepared a motion to seek a ruling from Judge Ken Gnoss whether they are qualified under state judicial guidelines to handle such a serious case.</p><p>The notice of the motion, which wasn't officially filed with the court, set off an intense discussion about whether prosecutors were intending to seek death sentences for the five men accused of shooting to death Vutha Au, 24, to prevent his testimony in the gang-related kidnapping of his brother.</p><p>Because that and other issues hadn't been settled Friday, all five defendants delayed entering pleas until at least next week. They remain in jail without bail.</p><p>Preston Khaoone, 22, Quentin Russell, 24, Tyrone Tay, 26, and brothers David Prak, 19 and Sarith Prak, 21, are charged with first-degree murder of a witness to prevent his testimony and killing to benefit a street gang, special-circumstances charges that could trigger capital punishment.</p><p>Prosecutors don't have to declare until the trial nears whether they intend to pursue the death penalty.</p><p>When pressed in court for an answer, Carrillo said that because the case was filed as a potential capital case, defense attorneys should proceed on that assumption.</p><p>One other case in Sonoma County courts currently could result in a death sentence. Convicted felon Javier Peña is accused of murdering a clerk at Bill's Market and wounding his son and shooting two other convenience store clerks in separate robberies. Prosecutors haven't announced whether they intend to seek death in that case either.</p><p>Friday's motion questioning the qualifications of the attorneys -- Jamie Thistlethwaite, Martin Woods, Christine Dubois, Rebecca Linkous and Marie Case -- spoke volumes, Thistlethwaite said.</p><p>"It is tantamount to the (prosecution) announcing, in our view, that the people intend to seek death," she said. "A very, very large rock has been dropped into a small pond."</p><p>The defendants are accused of kidnapping and murdering Au on March 2 to prevent his testimony in what prosecutors contend was the kidnapping and extortion of Au's brother, Terry, a case in which two of Khaoone's brothers are facing prison sentences.</p><p>All of the defendants are alleged to be members of the Asian Boyz gang.</p><p>Terry Au said at a preliminary hearing last fall that he was testifying in exchange for his family's protection under the county's Witness Relocation and Protection Program.</p><p>Vutha Au apparently violated the guidelines of the program by visiting northwest Santa Rosa, where Sonoma County sheriff's detectives say he was turned over by Tay of Suisun City to the other four, who are Santa Rosa residents. They are accused of driving him to a parking lot near Blind Beach south of Goat Rock, where he was shot nine times.</p><p>A state parks ranger found Au's body in the parking lot at about 1:15 a.m. and alerted sheriff's deputies to a car full of young men he had seen leaving the area. Khaoone, the Praks and Russell were arrested minutes later driving east on Highway 116. Tay, formerly of Santa Rosa, was arrested Wednesday at his Suisun City home.</p><p>The state judicial council requires attorneys appointed in capital cases to meet certain minimum qualifications to promote an adequate defense. To be lead counsel, an attorney must have 10 years of criminal litigation experience and have been lead counsel in at least 10 serious trials, including two murder cases, or five serious cases that include three murder trials.</p><p>Appointed attorneys also must have taken at least 15 hours of State Bar capital case defense training within the past two years.</p><p>Woods said that because death penalty cases in Sonoma County are so infrequent, the court would be hard-pressed to find local attorneys who meet those standards.</p><p>If an attorney doesn't meet those criteria, the council allows a judge to appoint an attorney he believes can adequately defend a person charged in a capital case, provided he states the basis for his findings.</p><p>Since California restored the death penalty in 1978, only eight men have been sentenced to death for murders committed in Sonoma, Mendocino and Lake counties.</p><p>The last death sentence recommended by a Sonoma County jury was for Robert Walter Scully Jr., who was convicted of killing county sheriff's Deputy Frank Trejo with a sawed-off shotgun in 1995.</p><p>Thistlethwaite helped defend Scully's co-defendant, Brenda Moore, who was sentenced to 14 years in prison.</p><p>Also in court Friday, defense attorneys told Gnoss they hadn't been provided enough evidence from prosecutors to begin representing their clients effectively.</p><p>Carrillo asked Gnoss to approve edited reports for defense attorneys, with the names and other identifying information about witnesses removed.</p><p>"We have serious concerns about turning over" reports, because the case involves an allegation of murdering a witness to prevent his testimony, she said.</p><p>Thistlethwaite said keeping witness identities from defense attorneys would create incalculable problems for the defense.</p><p>"This is part one of a recipe for disaster this case is going to become," she said.</p><p>Gnoss will hear arguments on that next month.</p><p>In the meantime, Gnoss said he would research the issue of attorney qualifications. He also ordered Carrillo to have some reports available for defense attorneys at a hearing Wednesday.</p><p>You can reach Staff Writer Lori A. Carter at 568-5312 and lori.carter@pressdemocrat.com.</p>