Action halted until ruling on Prop. 21

July 12, 2001

A state appeals court has delayed a pretrial hearing set for next week in which prosecutors were expected to present evidence against Charles "Andy" Williams, the Santana High School student accused of shooting.

The 4th District Court of Appeal issued an order Tuesday halting all proceedings until it rules on an appeal from Williams' lawyers challenging Proposition 21, the voter-approved law mandating adult trials for some youths charged with violent crimes.

The hearing, known as a preliminary examination, was scheduled for Tuesday. It is not known when it will be rescheduled, but it could be delayed as long as several months as the case makes it way through the appellate system.

Williams, 15, is facing charges as an adult under Proposition 21, passed by voters in March 2000. His attorneys have challenged the law on constitutional grounds, seeking to have Williams tried in Juvenile Court, where the potential penalties are less severe.

He is charged with two counts of murder and 26 other counts in connection with the March 5 shooting at Santana High School. He faces hundreds of years in state prison if convicted as an adult. Juvenile authorities could hold him until age 25.

Defense attorneys contend in papers filed with the appeals court that the proposition violates the single subject rule, a state law that says propositions must address one issue at a time. The lawyers contend that the sweeping initiative covers diverse areas such as juvenile crime, street-gang activity, and changes to the existing state laws like the Three Strikes Law.

Prosecutors responded by saying all the issues covered in the proposition are "reasonably germane" to one another, the legal standard courts have used in the past in rejecting single-subject challenges.

The preliminary exam for Williams could be delayed for several months as the state Supreme Court decides the constitutionality of Proposition 21 in another case. The court has decided to hear a challenge to the law in a case involving eight teens from Rancho Peñasquitos accused of attacking migrant workers.

While a decision in that case is likely to resolve many of the issues surrounding the proposition, it may not come for months. The court has not yet set a date for oral arguments.