Evidence Issues May Delay Famalaro Trial

SANTA ANA — The murder trial of John J. Famalaro, which already has been postponed for more than two years, could be delayed again because of a lengthy battle being waged by defense attorneys to suppress evidence collected in the high-profile case.

Famalaro is accused of killing a Newport Beach woman and storing her body in a freezer for years.

Jury selection in the case is scheduled to begin on Feb. 10 before Superior Court Judge John J. Ryan, who has ordered more than 900 potential jurors. But that process could be pushed back a few weeks because evidence issues may not be resolved by then.

“This needs to be resolved before juries can be selected,” Deputy Public Defender Denise Gragg said during a court hearing Thursday.

Famalaro, 39, is accused of kidnapping, sexually assaulting and bludgeoning 23-year-old Denise Huber after her car broke down on the Corona del Mar Freeway in June 1991. Famalaro, a former resident of Orange County, was arrested in July 1994, after authorities found Huber’s body in a freezer in a stolen rental truck parked in his driveway in Prescott, Ariz.

Famalaro’s attorneys have embarked on a vigorous effort to have evidence in the case thrown out. They maintain that the search warrants obtained to search Famalaro’s Arizona home were too broad.

“They searched vastly more material and documents of a personal nature than a warrant lawfully allowed them to do,” said Leonard Gumlia, co-defense attorney. “What we are ultimately arguing is that this warrant authorized a general search. It is supposed to tell officers what they can and cannot search for.”

Deputy Dist. Atty. Christopher Evans, who is prosecuting the case, maintains that the search was legal.

It will be up to Superior Court Judge Kathleen E. O’Leary to decide which evidence will be allowed in the case. The evidence hearings resume Jan. 27. O’Leary had originally been assigned to preside over the murder trial itself, but a conflict in her court calendar resulted in it being assigned to Ryan instead.

Famalaro has pleaded not guilty to the crimes, for which the prosecution is seeking the death penalty.

On Feb. 3, defense attorneys will begin arguing before Ryan for a change in venue in the case.