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Santana case prosecutors defend Prop. 21 to court
By Greg Moran
UNION-TRIBUNE STAFF WRITER

July 4, 2001

Prosectors in the case of a 15-year-old student accused in the Santana High School shootings are urging an appeals court to reject defense challenges to what they argue is a "comprehensive criminal justice reform initiative."

In doing so, they are asking the court to dismiss allegations by lawyers for Charles "Andy" Williams that Proposition 21 is unconstitutional because it covers too many unrelated subjects.

The argument comes in papers filed last week with the 4th District Court of Appeal by the District Attorney's Office. Lawyers for Williams have asked the court to reverse a judge's ruling that the initiative -- which allows adult trials for some juveniles accused of violent crimes -- is constitutional.

Williams is charged with killing two students, 14-year-old Bryan Zuckor and 17-year-old Randy Gordon, and wounding 13 other people in the March 5 shooting spree.

Defense lawyers argued that the law violates the state single subject rule, which holds that initiatives can only cover one subject. They contend that Proposition 21 covered three unrelated areas: street gang crimes, changes in the juvenile justice system, and changes to existing laws such as the three-strikes law.

But prosecutors argue that the various provisions of the law are all related to a single goal.

"When viewed from a common sense and realistic perspective the various sections of Proposition 21 are all reasonably germane to a common purpose," prosecutors contend. That single purpose is to address public concern over increasing violent crime by gangs and juveniles by adopting harsher penalties.

Williams is scheduled to have a preliminary hearing on July 19, where prosecutors could unveil some of the evidence against him.

The controversial initiative is being challenged in courts across the state. The state Supreme Court has decided to hear arguments on the proposition in a case involving eight Rancho Peñasquitos boys charged with attacking migrant farm workers one year ago.

 



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