The trial of Daniel Patrick Wozniak in Orange County Superior Court has been delayed once more.
Prosecutors allege that Wozniak killed two Orange Coast College students, Samuel Herr and Juri Kibuishi, in 2010.Though approximately five years have passed since the alleged incident, Wozniak has still not been tried.
Recent delays have been due to the defense’s argument that the judges chosen to preside over the case are biased against the defense, which would deprive Mr. Wozniak of a fair trial.
Superior Court Judge James Stotler recused himself from the case in January, admitting that he had concerns about his potential bias against Wozniak’s lawyer, public defender Scott Sanders.
At this time, the controversy circles around whether current Superior Court Judge John Conley is biased. Judge Conley worked as a homicide prosecutor in the district attorney’s office for nearly thirty years. Many judges are former prosecutors.
The matter is further complicated by the fact that Attorney Sanders wants to call Judge Conley as a witness concerning the district attorney’s office’s use of informants, which Sanders alleges may be improper.
Another judge from Los Angeles County may be called to decide whether Judge Conley is permitted to stay on the case or will have to recuse himself. That decision could take another month or two.
Ronald Brower is a leading criminal defense attorney in Orange County and Southern California. With over 30 years of experience in criminal defense, Attorney Brower applies an aggressive and expert defense of individuals, resulting in a high success rate. If you or a loved one is under investigation or has been charged with a crime, contact the Law Office of Ronald Brower today.