Mynisha: New trial starts today

After hearing arguments from both sides, Superior Court Judge Brian McCarvillecq ruled that tape-recorded statements made by defendant Harold Phillipscq would be admissable in court, overruling Phillips’ defense attorney’s argument that Phillips’ Miranda Rights had been violated.
Monday’s hearing brought closer the start of a second trial prosecutors sought against four remaining defendants in the closely watched case. The jury for the trial has not yet been finalized.
A jury deadlocked on charges against Phillips, Sidikiba Greenwoodcq, Sinque Morrisoncq and Michael Barnett Jr.cq in the Fall of 2006.
Seven other defendants in the case have taken plea bargains, and three - Shawn Daviscq, Patrick Laircq and Alonzo Monkcq - testified in the first trial and may be used as witnesses at the re-trial.
Deputy District Attorney Ron Webstercq expressed satisfaction that the long-awaited re-trial had finally begun - more than a year since the first trial’s deadlock.
“Today was the first day of trial,” Webster said. “It was pretrial, but we’re in a judge’s courtroom, we’re locked into this now.”
Monday’s hearing brought what may be a significant victory for the prosecution. Phillips’ attorney, John Aquilina, argued that his clients’ constitutional rights were violated when San Bernardino Police Detective Gary Robertson cqquestioned him at the station before reading him his Miranda Rights.
“Do you want to be a star witness? It’s up to you,” Robertson said to Phillips after he had been arrested at his mother’s home Nov. 23, 2005. Minutes later, Robertson said, “I know what I have, and it’s a rock-solid case.”
Portions of the interview occurred before Robertson read Phillips his rights. Aquilina argued that his client’s rights to due process were violated.
“I don’t think this passes constitutional muster,” Aquilina said.
McCarville ruled that a later Miranda reading and a signature from Phillips made portions of the taped interview admissable at trial.
Phillips, Greenwood and Morrison sat side-by-side in court, periodically speaking in hushed tones with each of their respective attorneys.
McCarville did grant Aquilina’s request that his client be able to unfasten his shackles during court proceedings, and extended the ruling to the other defendants.
Michael Barnett Jr.cq is set to have a separate trial from the other three because his attorney was granted a continuance for medical reasons.
Crenshaw was killed while eating dinner in her apartment when bullets strafed the building. Her older sister was wounded, and the crime became a symbol of rising gang violence in San Bernardino and a rallying point for anti-crime measures.
Hearings resume today at 9:30 a.m. in San Bernardino Superior Court.
robert.rogers@sbsun.com (909) 386-3855.