The Mercury News

Judge mulls release of more files on suspect

Warrants contain informatio­n about the arrest of DeAngelo and details of alleged crimes

- By Nate Gartrell and Matthias Gafni Staff writers

SACRAMENTO >> In a packed courthouse Tuesday, a Superior Court judge indicated he would unseal at least part of a more than 70-page court document that tells how police identified the suspected Golden State Killer and details his numerous alleged crimes.

However, Judge Michael Sweet — who delayed the decision until Thursday — appeared reluctant to release informatio­n on dozens of sexual assaults allegedly committed by James Joseph DeAngelo, who faces eight murder charges in counties around the state, including two in Sacramento. Defense attorneys also indicated the search warrant materials reveal little about investigat­ors’ controvers­ial use of a genealogic­al website to pinpoint DeAngelo.

The documents contain a list of property seized from the Citrus Heights home of DeAngelo, identified through DNA last month as the man who committed at least 12 homicides, about 50 rapes and hundreds of burglaries in the 1970s and ’80s. Last month, authoritie­s searched the home for evidence, including possible “trophies” taken from the homes of the killer’s victims.

The documents also contain writings of lead investigat­ors that explain how DeAngelo was identified as the suspect.

Seven news organizati­ons — including the Bay Area News Group — have petitioned for the documents to be released. The attorney representi­ng all seven organizati­ons, Duffy Carolan, argued that the case was similar to other trials — such as the infamous Night Stalker in Los Angeles — where investigat­ive documents were released.

“I think the press, the public and the victims deserve an open proceeding,”

Carolan said, adding that the public also deserves to know the story behind the case.

DeAngelo’s defense attorney, David Lynch, did not object to some of the files being released. But he asked for significan­t redactions, including informatio­n about dozens of sexual assaults said to be committed by the Golden State Killer, who was also known

as the East Area Rapist, the Original Night Stalker, and other pseudonyms.

Following an open hearing Tuesday where attorneys argued for and against unsealing the records, the judge reviewed proposed redactions in private before continuing the effort to Thursday afternoon. Both sides are reviewing potential redactions, line by line, in the dozens of records.

Lynch estimated 16,000 articles were written about the Golden State Killer online,

including more than 100 by the local Sacramento newspaper within two weeks of DeAngelo’s arrest. He said releasing informatio­n could affect witnesses’ memories and hurt the jury selection process.

“Few rights are more important than a right to a fair trial,” Lynch told the judge. He later added, “When you have an old memory, it can be tainted if you get new informatio­n.”

Judge Sweet said he was reticent to release informatio­n

on the sexual assaults unless it was shown to be relevant to the two murder charges DeAngelo faces in Sacramento. Carolan said the documents should be released regardless, but stipulated that some victims’ names should remain sealed.

“The public is not precluded from seeing only what juries get to see,” Carolan said. “This has

been decided by multiple courts.”

DeAngelo, a former police officer, appeared in court handcuffed and dressed in an orange jumpsuit. He stood inside a courtroom cage for the duration of the hearing and did not speak or change his expression, silently staring ahead at the judge.

After Sweet adjourned court, DeAngelo spoke with his defense attorney through the bars of the courtroom cage.

DeAngelo has now appeared in court three times since the charges were filed, but hasn’t yet entered a plea. He faces a possible death sentence if convicted.

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