Trial coming up for murder of El Segundo woman

Jurors in the murder trial of Erwin Percy Howard , accused of killing his former wife, El Segundo resident Julia "Deede" Keller, will likely hear a slew of derogatory and insulting statements he made about the victim.

Los Angeles Superior Court Judge Bob S. Bowers Jr. made more than a dozen evidentiary rulings Friday, most in favor of the prosecution.

Among the evidence is that Howard called Keller a "whore" and a "slut," and that it "felt good" when he slapped her during an argument about a week before her death.

The rulings came despite defense attorney Andrew Flier's attempts to dam what he described as a flood of "character assassinations" by the prosecution.

Flier argued such "horrible language in a murder case should be limited."

But Deputy District Attorney John Lewin countered: "This horrible language, and it is horrible, came from the defendant's mouth."

Howard , 53, a former American Airlines mechanic, is charged with killing Keller, his 55-year-old former wife of five years, who disappeared from her home sometime after she was dropped off by a date July 8, 2004.

Her son, who found her dogs unfed, reported her missing three days later.

Prosecutors contend Howard , who was arrested in March 2005 and remains in custody on $1 million bail, killed her because he was jealous she had moved on.

The popular real estate agent's body was found July 15, 2004, in the trunk of her Mercedes-Benz, which was parked in San Diego.

Friday's hearing was a precursor to Howard 's trial, which the judge tentatively set for Oct. 22.
The case is based largely on circumstantial evidence, including that Howard stalked her, had keys to her house and car, and was upset with her.

Based on Bowers' rulings, the jury could hear:

About notes Howard made in his calendar in late June 2004, including a sad face, Keller's name crossed-out and writings that said, in part, "I'm a good, honorable faithful, decent, loyal man. ... It's her. It's her."

Lewin said the note was "literally as if he was crossing her out of his life." However, Flier said there was nothing "sinister" about the notations, and they would be "confusing" to a jury.

Howard 's roommate testified he overheard a telephone conversation between Howard and Keller, in which he said, among other things, "How could you do this to me?" After, the roommate said the normally mild-mannered Howard swore and called Keller a "whore."

However, the jury will not hear that Howard told the roommate that "all women are horrible" because the judge agreed with the defense attorney that the statement was irrelevant and could prejudice female jurors against his client.

Howard slapped Keller after throwing e-mails at her that she wrote to friends about a new man she was dating. He allegedly hacked into her account to read them.

The judge ruled the contents of the e-mails wouldn't go before the jury, but the prosecution can explain where they came from.

More evidence related to the assault, including that Keller talked to her daughter after the attack and told her what happened. Howard also spoke with a neighbor about it, saying it felt "good."

Evidence that Howard followed her, including that he was seen circling the block when Keller was with a date, and that he evaded his work's security system to mask his whereabouts.

The judge said he will also allow Howard 's former girlfriend to testify about how, when she tried to break up with him, he engaged in similar conduct.

Lewin argued her testimony was relevant because it showed "eerily similar" behavior.

"Simply, this guy will not let go of the women he dates," Lewin added.

In arguing against its inclusion, Flier said of the former girlfriend, "He didn't kill her, so I don't see the ... value of this."

The jury will not hear from Keller's psychotherapist, whose records Flier wanted the judge to review.

Flier argued that, although in 20 years of practicing law he's never had a victim's psychiatric records turned over, he wanted them to see what Keller's state-of-mind regarding Howard was, including if she was afraid.

Lewin said his case doesn't include if Keller was scared of Howard ; only that her intent was to end the relationship with him.

The judge agreed. "The issue is what happened to her. What she felt, what she believed, is really irrelevant."

The attorneys will still litigate whether or not the calendar that detectives found at Howard 's home can come into evidence because it wasn't on the search warrant and about statements Howard gave to a State Department agent.

The agent questioned Howard in his native Bolivia days after the murder, where Howard said he had gone to care for his sick mother.

Also left undecided is whether a jury will hear about a scent-sniffing dog that picked Howard out of a line-up after smelling tape that was used to bind Keller.