Who’s who in the Deleon courtroom

October 6th, 2008, 2:51 pm · Post a Comment · posted by Larry Welborn

Death penalty cases usually require experienced judges, prosecutors and defense attorneys. People v Skylar Deleon is no exception.

The legal folks who will be handling the headline-making case for the next seven weeks on the 9th floor of the Central Justice Center in Santa Ana are among the most accomplished people in their respective roles.

Here are brief vignettes of those players:

Frank F. Fasel

Superior Court Judge Frank F. Fasel

There are a handful of judges in Orange County assigned to “long cause” criminal calenders who get the most complicated, serious and often compelling criminal cases. These are senior judges who can handle the high-profile cases that come with high-profile attorneys and are sometimes played out under intense media scrutiny. Frank F. Fasel has been calling a long cause calendar for years. He is a serious, no-nonsense and confident jurist who knows the law and understands lawyers. He keeps his trials moving, making efficient use of his courtroom. There is no doubt who’s in charge in Department 35. He treats lawyers with respect, but he is not reluctant to chastise a lawyer, a defendant or even a witness if someone steps over the line. He does not like cameras in his courtroom, even though his cases are among the most newsworthy. Fasel, 69, was admitted to the California Bar in 1970, and is a former prosecutor in Los Angeles and Orange counties. He also was in private law practice for a short time. He was a lieutenant on active duty in the Marines who also was a Captain in the Marine Corps Reserves. He is married and has three children.

Matt Murphy

Prosecutor Matt Murphy

Senior Deputy District Attorney Matt Murphy is one of about 10 prosecutors on the elite homicide unit of the Orange County District Attorney’s Office. The 41-year-old bachelor lives in the South Bay. He is a surfer, a golfer and a billiards player. He worked his way up in the DA’s Office, making his mark in the sex crimes unit before he was assigned to homicides. He is boyish-looking with close-cropped sandy blond hair known for his passionate closing arguments. Murphy was assigned to the Hawks’ case within a few weeks of their disappearance in November 2004.

Gary Pohlson

Defense attorney Gary Pohlson

Gary Pohlson is one the few private practice lawyers in Orange County who are routinely appointed to important death penalty cases when the public defender’s office declares a conflict. He has been married for 35 years and has three grown children. He loves golf. He once studied to become a priest, but soon realized his calling was the law. The 58-year-old lawyer started his career as a prosecutor, but soon switched to defense work and is now considered one of the most-respected defense criminal lawyers in Orange County. He is known for his quick sense of humor, often making self-deprecating comments about his stout build and receding hairline. He has tremendous jury appeal: people just generally like him.

Defense attorney Richard Schwartzberg

Richard Schwartzberg

Defendants in death penalty cases in California are entitled to two court-appointed lawyers. One generally handles the trial work, while the second is usually the legal issues guy who handles motions, writs, appeals etc. Schwartzberg is that guy. He is quick, smart, up-to-date and savvy. He is regarded as one of the top legal issues guys in Orange County, and is frequently appointed to death penalty cases. He is the legal issues attorney defending accused serial-killer Rodney Alcala, whose case has been kicking around the Orange County justice system for 29 years now. Schwartzberg, 58, has been married for 35 years and has two adult daughters, including one who is a prosecutor in San Francisco. The fun fact about Schwartzberg is that he lives in the San Francisco area himself, commuting to Orange County when he has court appearances.

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