Bias in Prosecution of Peggy Buckey

Evidence against Peggy McMartin Buckey, one of two remaining defendants in the McMartin Pre-School molestation case, is no different from that against five other teachers no longer facing charges, Buckey’s attorney argued Wednesday in court papers seeking to prove that she is being unfairly prosecuted.

“The allegations made by all seven of the complaining witnesses (against Buckey) implicate the dismissed defendants” as having participated in the alleged molestations or as having been aware of alleged activities, such as animal slaughter and naked “games” involving movies, videos or photos, defense attorney Dean R. Gits said.

“There is no material difference” between the six, he said, after reviewing the children’s testimony, videotaped interviews with therapists and other information available to the prosecution and defense.

He noted that Buckey and the former defendants were all indicted by a county grand jury and all were ordered to stand trial on charges of molestation and conspiracy after a preliminary hearing.

All seven of the complaining witnesses who accused Buckey also implicated one or more of the former defendants in criminal conduct, Gits said.

Both present and former defendants had been inextricably linked in a single count of conspiracy, Gits said in arguing against prosecuting only two of the seven.

The lawyer asked Los Angeles Superior Court Judge William Pounders to dismiss charges against Buckey on grounds of “discriminatory enforcement” or “invidious prosecution.” Pounders has said that if the defense can prove the evidence against present and former defendants is the same, he will ask for testimony regarding the district attorney’s motives in prosecuting only two of the seven and consider dismissal of the case.

Defense attorney Daniel Davis is expected to file similar arguments on behalf of defendant Ray Buckey, 28. Pounders has asked the district attorney’s office for a written response by Friday.