Two Appeals In Tate Case Could Reach Top Court
Tuesday, January 6th, 1970
LOS ANGELES, Jan. 6 – The district attorney’s office says appeals by two of six defendants in the Tate-LaBianca murder cases could eventually reach the U.S. Supreme Court and delay considerably their extradition to California.
Deputy Dist. Atty. Vincent T. Bugliosi made the comment Monday in referring to Charles D. Watson, 24, who is held in Texas, and Patricia Krenwinkel, 22, who is in custody at Mobile, Ala.
The other four defendants are jailed here and Bugliosi is slated to be the prosecutor when the cases come to trial.
All but one of the six are charged with murder and conspiracy in the slayings last Aug. 9 of actress Sharon Tate and four other persons at her rented Benedict Canyon estate.
All six — including Watson and Miss Krenwinkel — are similarly charged in the knife deaths the following night of wealthy market owner Leno LaBianca and his wife, Rosemary.
In Austin, Tex., Monday Gov. Preston Smith ordered Watson extradited to California. And in Mobile, Circuit Court Judge Joseph M. Hocklander Jr, ruled that a California warrant for Miss Krenwinkel’s extradition was valid.
The action came at a hearing on a writ of habeas corpus through which Miss Krenwinkel’s attorney, M. A. Marsal, sought her freedom. He argued that the extradition papers from California were invalid because they were signed by Lt. Gov. Ed Reinecke, serving as acting governor in the absence of Gov. Reagan.
The court held he documents were proper in that Reinecke had fulfilled the statutory requirements as acting governor.
Marsal then said he would appeal the matter to the Alabama Court of Criminal Appeals. This would stay, for the time being at least, Miss Krenwinkel’s removal to Los Angeles.
Watson’s lawyer, Bill Boyd was quoted in Austin as saying he, too, would appeal.
Boyd, of McKinney, Tex., argued unsuccessfully in Austin that the Tate case had received so much publicity that it would he impossible for his client to obtain a fair trial in this state.
The attorney offered into evidence 14 issues of the Los Angeles Times and one issue of Life magazine.
Texas Atty. Gen. Gilbert Pena countered that Boyd’s argument was premature.
“The matter of pretrial publicity would have to be raised in the trial court … and the State of California would have a chance to rebut it … This is not a proper forum,” Pena said.