High Court Asked to Upset Death Penalty of “Freeway Killer”

by Philip Haeger

The state Supreme Court was asked Wednesday to overturn the death sentence imposed on William George Bonin in the brutal “Freeway Killer” slayings of 10 young men and boys in Los Angeles County. State acting Public Defender Monica Knox said the trial judge improperly failed to fully investigate whether there was a literary right fee arrangement between Bonin and his trial counsel.

The judge should have ensured that Bonin knew such a pact could raise a conflict of interest for the lawyer that could hurt him. A trial attorney’s strategy and tactics may be affected, even subconsciously, by the commercial prospects of a forthcoming book in a highly publicized case, Knox said. A best-seller, she added ominously, could well result after an execution. The judge should have received Bonin’s assurance that he understood the potential for conflict or should have removed the lawyer, William Charvet of Torrance, from the case, the defender said.

But a state prosecutor urged the court to uphold Bonin’s murder conviction and sentence, pointing out that there was never any showing that a book contract even existed or that Bonin had not been properly represented by Charvet. State Deputy Atty. Gen. Steven H. Zeigen noted that under a 1982 ruling by the court, an agreement by a defendant to give a lawyer literary rights in lieu of fees in itself does not mandate removal of the attorney. “Only when there is significant prejudice to the defendant or a disruption of the orderly processes of justice’ may the defendant be denied counsel of his choice,” Zeigen said. Bonin unequivocally had stated he wanted Charvet as his lawyer, implying that he waived any conflict of interest, the prosecutor said. The issue arose in September 1981, when Bonin, a former truck driver from Downey, sought before.