Publicsafety
Alvarez skips court hearing
Attorney for the man accused of causing Metrolink crash says he isn’t sure why his client didn’t show.
By Jeremy Oberstein
LOS ANGELES — Juan Manuel Alvarez, who is charged with 11 counts of murder with special circumstances for allegedly causing the worst wreck in Metrolink history, refused to appear in court Friday for a hearing.
“We don’t know why he’s not here,” attorney Michael Belter said of his client. “He reports to us that he has had some problems upon his return. His cell has been tossed, sometimes his blankets have been soaked. In his mind, he feels it’s better for him to stay in his cell.”
But Los Angeles Superior Court Judge William R. Pounders worked to rectify those problems by moving Alvarez to a cell where a camera would record the movements of all who entered his cell in his absence.
“For a length of time it worked great,” Belter said. “We’ll find out what the issue is. It’s in his best interest to come to court.”
Alvarez’s absence may have to do with his emotional instability, Belter added.
“He has been on suicide watch and within the last few months he has been in the mental clinic in jail,” he said.
While Pounders excused Alvarez’s no-show on Friday, future truancies will not be acceptable, he said.
“We can do this today without him, but I can’t let him stonewall the court,” he said. “I have to extract him from the jail. Especially in a case of potential death penalty, he has to come to court.”
On Jan. 26, 2005, Alvarez allegedly drove his Jeep Cherokee on the train tacks, doused it with gasoline and fled as a southbound Metrolink train approached. The train struck his car and jumped the track, hitting a parked Union Pacific train and a passing northbound train, causing a wreck that killed 11 and injured nearly 200 others.
Alvarez, 29, was charged with arson and 11 counts of murder with special circumstances.
Pounders led deliberations between defense attorneys and a deputy district attorney over evidence-handling in anticipation of jury selection, which was set for no later than March 24.
“Regardless of our circumstance, we have to move forward with jury selection,” Pounders said.
“Other courts have changed their schedule to accommodate us. We’re clogging our courts.”
Because of the significant attention the case received in the media, a pool of more than 400 jurors will descend upon Los Angeles Superior Court starting on March 24, when lawyers will question 75 potential jurors per day, Pounders said.
The selection process could take at least three weeks, and the trial might last three months, he said.
Before jury selection starts, attorneys were asked to help refine a jury questionnaire that will weed conflicts of interest and bias among the pool.
Attorneys are expected to call witnesses from at least three divergent fields that will testify about tire treads, railroad crossings and Alvarez’s state of mind.
But Deputy District Atty. John Monaghan complained that his office was not told whom the defense was talking to and what evidence they plan to introduce.
Pounders mandated that all evidence and experts be made available by March 7.
A tire expert for the defense could testify that Alvarez tried to back his car off the tracks; a mental health professional might testify to Alvarez’s alleged suicidal tendencies; and a railroad expert might talk about the train tracks at issue, attorneys said, although Monaghan contends bringing up Metrolink is out of scope.
“It would be the people’s position that such evidence would be irrelevant in a criminal case,” he said. “It doesn’t matter whether Metrolink was or was not negligent.”
A negligence case against Metrolink is proceeding in a civil lawsuit filed on behalf of passengers injured in the crash and families of those killed who contend that a controversial maneuver by the train company contributed to the severity of the accident.
JEREMY OBERSTEIN covers public safety. He may be reached at (818) 637-3242 or by e-mail at jeremy.oberstein@latimes.com.
“We don’t know why he’s not here,” attorney Michael Belter said of his client. “He reports to us that he has had some problems upon his return. His cell has been tossed, sometimes his blankets have been soaked. In his mind, he feels it’s better for him to stay in his cell.”
But Los Angeles Superior Court Judge William R. Pounders worked to rectify those problems by moving Alvarez to a cell where a camera would record the movements of all who entered his cell in his absence.
“For a length of time it worked great,” Belter said. “We’ll find out what the issue is. It’s in his best interest to come to court.”
Alvarez’s absence may have to do with his emotional instability, Belter added.
“He has been on suicide watch and within the last few months he has been in the mental clinic in jail,” he said.
While Pounders excused Alvarez’s no-show on Friday, future truancies will not be acceptable, he said.
“We can do this today without him, but I can’t let him stonewall the court,” he said. “I have to extract him from the jail. Especially in a case of potential death penalty, he has to come to court.”
On Jan. 26, 2005, Alvarez allegedly drove his Jeep Cherokee on the train tacks, doused it with gasoline and fled as a southbound Metrolink train approached. The train struck his car and jumped the track, hitting a parked Union Pacific train and a passing northbound train, causing a wreck that killed 11 and injured nearly 200 others.
Alvarez, 29, was charged with arson and 11 counts of murder with special circumstances.
Pounders led deliberations between defense attorneys and a deputy district attorney over evidence-handling in anticipation of jury selection, which was set for no later than March 24.
“Regardless of our circumstance, we have to move forward with jury selection,” Pounders said.
“Other courts have changed their schedule to accommodate us. We’re clogging our courts.”
Because of the significant attention the case received in the media, a pool of more than 400 jurors will descend upon Los Angeles Superior Court starting on March 24, when lawyers will question 75 potential jurors per day, Pounders said.
The selection process could take at least three weeks, and the trial might last three months, he said.
Before jury selection starts, attorneys were asked to help refine a jury questionnaire that will weed conflicts of interest and bias among the pool.
Attorneys are expected to call witnesses from at least three divergent fields that will testify about tire treads, railroad crossings and Alvarez’s state of mind.
But Deputy District Atty. John Monaghan complained that his office was not told whom the defense was talking to and what evidence they plan to introduce.
Pounders mandated that all evidence and experts be made available by March 7.
A tire expert for the defense could testify that Alvarez tried to back his car off the tracks; a mental health professional might testify to Alvarez’s alleged suicidal tendencies; and a railroad expert might talk about the train tracks at issue, attorneys said, although Monaghan contends bringing up Metrolink is out of scope.
“It would be the people’s position that such evidence would be irrelevant in a criminal case,” he said. “It doesn’t matter whether Metrolink was or was not negligent.”
A negligence case against Metrolink is proceeding in a civil lawsuit filed on behalf of passengers injured in the crash and families of those killed who contend that a controversial maneuver by the train company contributed to the severity of the accident.
JEREMY OBERSTEIN covers public safety. He may be reached at (818) 637-3242 or by e-mail at jeremy.oberstein@latimes.com.
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