Nick Adenhart; Appeals Court Rejects Change-of-Venue Effort
Thursday, Aug 19, 2010 | Updated 9:17 PM PDT
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TEMPE, AZ - FEBRUARY 22: Nick Adenhart #90 of the Los Angeles Angels of Anaheim poses for a portrait during photo day at Tempe Diablo Stadium in Tempe, Arizona February 22, 2008. (Photo by Matthew Stockman/Getty Images)
An appellate court panel in Santa Ana Thursday rejected an effort to hold a murder trial outside of Orange County for the man accused of killing three people in a drunken driving crash, including Angels pitcher Nick Adenhart.
Andrew Thomas Gallo, 23, of San Gabriel, is charged with three counts of second-degree murder in the April 9, 2009, collision that killed Adenhart, 22, Frances Stewart, 20, and Henry Pearson, 25. Jon Wilhite, 24, of Manhattan Beach, survived, but his skull had to be reattached to his spine.
Gallo's attorney, Jacqueline Goodman, failed to persuade Orange County Superior Court Judge Richard Toohey to hold the trial outside of Orange County. She claimed Gallo could not receive a fair trial in Orange County.
Goodman appealed Toohey's ruling to the Court of Appeal, but a panel of three justices turned down the appeal today.
``I still feel strongly we should get a change of venue,'' Goodman said. ``But I honestly don't know what I'm going to do yet.''
Goodman is caught between a tight deadline for preparing for the trial, scheduled to begin Sept. 1, and filing appeals. The cost of appealing to the California Supreme Court will also figure into the decision, she added.
Last week, Goodman failed to persuade Toohey to reduce the second-degree murder charges to gross vehicular manslaughter.
Goodman revived her request for four more weeks to prepare for trial, but as it stands, Goodman and Deputy District Attorney Susan Price will begin the trial Sept. 1 with motions and jury selection and will likely give opening statements to the jury Sept. 13.
