Judge will review tape of attorney-client talk in Forestville slayings

Judge Jamie Thistlethwaite will review a videotaped police interview with a triple-murder suspect and redact any portions in which detectives inadvertently recorded the suspect talking privately with his lawyer.

Thistlethwaite, a former defense attorney, was handed the task Thursday by Judge Robert LaForge, who is presiding over the case of suspect Mark Cappello, 48, of Central City, Colo., and two co-defendants.

Earlier this month, prosecutors revealed the possible breach of attorney-client privilege that occurred after Cappello was arrested in the Feb. 5, 2013, Forestville slayings.

“For a defendant to communicate with his lawyer confidentially is an absolute bedrock principle that has to be protected with the utmost care,” said Cappello’s lawyer, Joe Stogner.

Cappello is charged with killing the men, execution-style, during what police said was a marijuana deal gone bad. His alleged victims are Todd Klarkowski, 43, of Boulder, Colo.; Richard Lewin, 46, of Huntington, N.Y.; and Raleigh Butler, 24, a Sebastopol native.

Prosecutors said Cappello shot each man in the head with a pistol. He faces the death penalty if convicted.

Two suspected accomplices, Odin Dwyer, 39, also of Colorado, and his father, Francis Dwyer, 66, of New Mexico, could get life in prison for their roles.

The trial has been postponed until sometime in 2015.

In the meantime, Stogner is expected to try to persuade prosecutors next month that the death penalty isn’t appropriate for his client.

He’ll also seek a copy of the videotaped recording of Cappello talking to his former lawyer. It was made by Sonoma County sheriff’s detectives April 22, 2013, shortly after Cappello was arrested in Alabama.

Prosecutors said the camera was left running for a period when the two were talking privately.

However, neither they nor Cappello’s lawyer has viewed the recording. Judge Thistlethwaite will watch it in the coming weeks to decide what, if any, material needs to be removed.

Just what effect the recording could have on the case is unclear. In similar cases, redaction of the material has been viewed as an adquate remedy.

The next court date is Feb. 2.

You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com. On Twitter @ppayne.