Accused serial killer defends self in capital case

[February 04, 2010]  SANTA ANA, Calif. (AP) -- Accused serial killer Rodney Alcala is entering an arena almost unheard of in a capital case.

He is representing himself Monday in his third trial on charges of killing of a 12-year-old girl. Four additional victims have been added to the case.

Prosecutors have filed charges a third time after courts twice overturned Alcala's previous convictions in the killing. He'll take the startling step of going without a lawyer this time around, and it's bound to create a surreal scene.

The former photographer with a purported IQ between 160 and 170 and an obsession with detail plans to testify himself, call prosecutors from his previous trials as witnesses and question the mother of one of his five alleged victims, a 12-year-old girl last seen riding a bicycle to ballet class.

"He's obviously a bright guy and he's been involved in the legal process for 30 years, so if he's paid any attention he's probably learned a fair amount," said Michael Brennan, a clinical law professor at the University of Southern California who's handled death penalty appeals.

"But it's an incredible task, particularly in a death penalty case," Brennan said. "It's a huge mistake."

While Alcala has seen the case of the young Robin Samsoe play out twice before, the new charges in the serial slayings of four Los Angeles County women could make his gamble even more daunting.

Alcala has pleaded not guilty to five counts of murder in the slayings that occurred between 1977 and 1979. He was indicted in the deaths of the four women by an Orange County grand jury in 2005 after DNA testing on decades-old evidence.

Alcala has been in custody since his arrest in 1979, and has remained in prison while prosecutors appealed both overturned convictions.

At a recent pretrial hearing, the 66-year-old former UCLA photography student with gray, shoulder-length hair appeared in court wearing a denim jacket, jeans and eyeglasses.

The difficulties he faces became clear when he told the judge that he had not received reports from his expert witnesses because of limited phone time.

His former attorney, Richard Schwartzberg, said Alcala seems to enjoy the challenge of representing himself -- especially since his age means he is unlikely to face execution even if convicted.

"He's never gonna be executed, so from my perspective he's having fun," Schwartzberg said.

Alcala's decision has infuriated Robin Samsoe's family, who have spent decades reliving the death of the aspiring gymnast through repeated trials.

"I think it's just a head game for him, to keep prolonging it," said Teresa Samsoe, who married Robin Samsoe's oldest brother. "He knows what he did, he's been convicted twice and he's just trying to hurt the family with it."

During the first two trials, in 1980 and 1986, interest in the case grew to a fever pitch. Alcala was one of the first inmates to arrive on death row after California reinstated capital punishment.

Alcala is focused on the Samsoe case because he says he has an alibi and believes the evidence is circumstantial, his former attorney said.

Three of the four Los Angeles cases have DNA evidence associated with them and all share a pattern of strangulation, severe beatings and sexual abuse, said Matt Murphy, senior deputy district attorney in Orange County.

Investigators were never able to determine Samsoe's cause of death or if she had been sexually assaulted because of the condition of her body, which was found 12 days later.

Alcala's first conviction in the Samsoe case was overturned after the state Supreme Court found that allowing evidence about Alcala's previous record of rape and assault on young girls improperly prejudiced the jury.

His second conviction was overturned by the 9th U.S. Circuit Court of Appeals, which found that his attorneys hadn't presented evidence of an alibi and hadn't properly developed other evidence.

In 2008, the state Supreme Court upheld the prosecutors' decision to combine the cases and try all five in Orange County.

Now, Samsoe's family is bracing to hear the graphic evidence for a third time -- and also preparing for Alcala's penchant for sometimes bizarre courtroom behavior, said Teresa Samsoe, the daughter-in-law.

At one hearing, Alcala crafted a bow-tie for himself from the plastic wrap on his sandwich to protest that he could not change out of his jail jumpsuit, she said.

Most recently, Alcala has contacted Robin Samsoe's mother to question her about her upcoming testimony. The mother, who didn't return a message from The Associated Press, testified previously that an earring found in Alcala's possession belonged to her daughter.

"It's been really tough," Teresa Samsoe said. "We keep trying to get past it and every time we think can move on, something else comes up."

[Associated Press; By GILLIAN FLACCUS]

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