Clown wants out of plea bargain in molestation case in Fontana
Here's a preview of a story about David Albert Lemus, also known as Trim-Trim the clown, that is scheduled to run in Friday's edition of The Sun. Feel free to comment.
By Mike Cruz
Staff Writer
FONTANA -- A Fontana man, who entertained audiences as Trim-Trim the clown, tried to back out of a plea bargain Thursday he had reached with prosecutors in a child molestation case.
David Albert Lemus was scheduled to be sentenced on the plea bargain worth 12 years in state prison when he announced his intent to withdraw his guilty pleas during proceedings in Fontana Superior Court.
"He's not happy with his plea bargain agreement," Lemus' lawyer Gina Kershaw told the court.
Judge Stephan G. Saleson appointed another lawyer to review the plea bargain, and the trancripts of its proceedings, to see if legal grounds exist for Lemus to withdraw his pleas.
Lemus, 51, was arrested in 2005 after two girls between the ages of 12 and 14 told police Lemus molested them at the National Orange Show Events Center in San Bernardino.
At a hearing Sept. 5 in Fontana Superior Court, Lemus pleaded guilty to charges of continuous sexual abuse of a child and oral copulation by threat, both felonies.
On Thursday, prosecutors objected to Lemus' attempts to back out now. "Buyer's remorse" is not a valid reason to withdraw, explained Deputy District Attorney Briye McCann.
State law specifically states the grounds on which a defendant can withdraw from a plea bargain, such if he was not properly advised of his rights or if he was promised something he did not receive.
"Merely being unhappy with the plea bargain is not grounds for withdrawl," McCann said.
During the proceedings, Lemus asked the judge if he could speak with him alone for five minutes, which Saleson did not allow. The defendant said he also was not happy with his lawyer.
"She did not want to fight for me," Lemus said in open court.
Kershaw said later it was her opinion that Lemus will not be able to withdraw his pleas.
"He says he's innocent," Kershaw said. "And he's decided he wants his trial."
Lemus, who originally faced seven felony counts, could have spent up to life in state prison if he had gone to trial and been convicted.
Prosecutors say it is very rare that a plea is withdrawn legally, and requests for motions to withdraw don't come very often either.
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