Onion Field Murder Trials: 1963-69 - Start Of A Legal Marathon

Murder trials in California are bifurcated. The first part focuses, on the guilt of the defendants and the second, on the sentence. After being found guilty, Powell fired his attorneys, John Moore and Kathryn McDonald, and conducted his own defense in the sentence hearing. But, like Smith, he was sentenced to death. He immediately filed an appeal. Jimmy Smith fired his attorney, Ray Smith, and hired a new lawyer, Irving Kanarek. Kanarek had defended Charles Manson, the mass murderer. Kanarek, too, moved for a new trial. When the hearing for a new trial began, Kanarek wasted many days trying to prove that a juror in the first trial—a woman who was obviously insane—had been unjustly replaced because she favored the defense. He followed that with numerous irrelevant motions that moved the prosecutor, Marshall Schulman, to beg the judge to hold Kanarek in contempt. Judge Mark Brandler would not do that, but on November 13, he again sentenced Powell and Smith to death.

But there was another trial, decisions by the U.S. Supreme Court were the cause. In 1964, the Court found in favor of Danny Escobedo, who confessed to a murder after he had asked for, and not received, advice from a lawyer. The next year, the California Supreme Court reversed the conviction of Robert Dorado because the police had not warned him that he had the right to remain silent and be represented by counsel. And the year after that, the U.S. Supreme Court, in the case of Ernesto Miranda, made such a warning mandatory in all cases. Smith and Powell again appealed. While the appeal was pending, Powell tried to escape, but was captured before he could get over the wall.

The escape attempt did not matter. The California Supreme Court ordered a new trial for both defendants on the grounds that they had not been advised of their rights.

Once again, Irving Kanarek represented Jimmy Smith. Public defender Charles Maple represented Gregory Powell. A new prosecutor, Philip Halpin, presented the state's case, and a new judge, Alfred Peracca, presided. The defense, particularly Kanarek, turned this trial into even more of a circus than the preceding trial. Kanarek, during his marathon of pretrial motions, falsely accused Halpin of intending to assault him and then of carrying a gun into the courtroom, meanwhile interrupting the judge and ignoring objections. While this was going on, Powell and Smith made another escape attempt. Judge Peracca had to be removed from the case after he had a heart attack.

Peracca's replacement, Arthur Alarcon, finally removed Kanarek from the case for incompetence, replacing him with William A. Drake. Three months later, the California Supreme Court reversed Alarcon's decision. Kanarek came back. Judge Alarcon left the case.