A Sonoma County judge moved up the trial date Thursday for three out-of-state men accused in last year's triple slaying near Forestville after one of the men complained about the pace of prosecution.
"I want a quick and speedy trial," defendant Francis Dwyer, 66, of New Mexico, blurted out in court to Judge Robert LaForge. "I'm tired of sitting in jail with nothing done."
Dwyer, his son Odin Dwyer, 39, and Mark Cappello, 47, both of Colorado, have been in custody since their arrests 13 months ago.
All are charged with murder in the Feb. 5, 2013 slayings of Todd Klarkowski, 43 of Boulder, Colo.; Richard Lewin, 46 of Huntington, N.Y.; and Raleigh Butler, 24, formerly of Sebastopol.
Their trial has been delayed in part because the district attorney has not announced whether she will seek the death penalty against Cappello. He's accused of shooting the three victims, execution-style, during a marijuana transaction.
Prosecutor Traci Carrillo said the decision hasn't been made because Cappello's lawyer cancelled a meeting with her office's death penalty review team. Cappello's lawyer, Michael Meehan, responded he couldn't make it because background checks on his client were incomplete.
But LaForge said a meeting between the two sides isn't required. Prosecutors could decide whether Cappello faces execution without the defendant's input, he said.
"The D.A. has to make a decision either way," LaForge said.
In the meantime, he said the case would proceed as though the death penalty were possible. He rescheduled the trial to May 23, about six weeks sooner than the previous July 7 date.
Just whether all three defendants will be tried is unclear.
Francis Dwyer has offered to settle his case for undisclosed terms. His lawyer, Walter Rubenstein, wouldn't say whether he agreed to testify against the others.
"He's willing to take appropriate responsibility," Rubenstein said.
Carrillo said only: "We are in discussions."
Witnesses at a preliminary hearing testified Cappello and Odin Dwyer met the victims at a house on Ross Station Road where Klarkowski and Lewin were buying 100 pounds of marijuana for shipment to the East Coast.
Cappello and the Dwyers were alleged drivers.
As the men packaged the pot for transport, Cappello pulled a gun and shot all three, Odin Dwyer told police.
They met up with Francis Dwyer, who was waiting at a Santa Rosa hotel, before fleeing California, witnesses said.
They were arrested later that month at different locations.
Surveillance camera videos from gas stations helped police catch them. Detectives recovered the gun they believe Cappello used and have other evidence including cellphone records.
Rubenstein said Francis Dwyer has since been locked in a cell for 23 out of 24 hours a day. He said he didn't kill anyone and had no knowledge his visit to Sonoma County would end in bloodshed.
"As I said in open court before, he didn't sign up for this," Rubenstein said.
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