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E-mails hold up sentencing of
Alpine deputy who shot wife
By Neal Putnam
The Alpine Sun
SAN DIEGO — Sentencing is set for Sept.
10 before a new judge for former sheriff's deputy Lowell "Sam"
Bruce for killing his wife after the original judge was taken
off the case over the issue of judicial e-mail.
Bruce, 41, pleaded guilty to voluntary manslaughter in the
shooting death of Kristen Maxwell-Bruce, 38, in their Alpine
home on Dec. 14, 2006. Bruce faces a maximum sentence of 21
years in prison in a plea agreement with prosecutors and El
Cajon Superior Court Judge Allan Preckel before Preckel was
taken off the case last month.
On July 16, the presiding judge appointed San Diego Superior
Court Judge Michael Wellington to handle the sentencing, and
Wellington set the Sept. 10 date for judgement. The plea
agreement stands, and Wellington doesn't have to impose the
maximum term.
Bruce pleaded guilty Aug. 14, 2007, to manslaughter and Preckel
dismissed a murder charge. Before the plea agreement was
reached, another judge refused to sign it when the maximum term
was limited to 15 years. Preckel signed it after insisting the
maximum sentence should be 21 years.
Bruce's attorneys and later the District Attorney's office asked
that Preckel be disqualified from doing the sentencing based on
the issue of e-mails the judge received from members of the
public about the case. Preckel initially declined to turn over
the e-mails to the attorneys because some of them were personal,
and an Orange County judge was appointed to look at the issue.
Bruce's attorneys claimed they wanted Preckel removed on the
issue of bias, something the judge denied having against the
former deputy, who was fired after he pleaded guilty.
Orange County Superior Court Judge Kim Dunning heard arguments
about the e-mails, and decided last month to remove Preckel from
the case. Dunning was critical of Preckel for not disclosing the
e-mails to the attorneys. Preckel summarized the e-mails he
received and sent them to the attorneys.
"It is currently not typical for the judge to whom a case is
assigned to initiate and engage in e-mail exchanges with
counsel," wrote
Dunning.
"We may be approaching the era when court and counsel will
routinely communicate by e-mail on substantive issues...The
e-mails cannot be said to be fair substitutes for official court
minutes or non-appearance orders," wrote Dunning. "The court's
use of e-mail marked a departure from the procedures it
announced, and suggests the appearance of bias."
"There is no contention the (e-mails) have actually prejudiced
the court in this case. But that is not the test," wrote
Dunning.
"If the average person on the street might doubt a judge's
ability to be fair to both sides, disqualification is required."
Preckel received an e-mail from a woman whose name he didn't
recognize and the woman urged Preckel to impose the maximum
sentence against Bruce. The woman was a fund raiser for a school
where Preckel's children attended in the 1990's, and she did not
know anyone in Bruce's case.
Preckel summarized her comments in an e-mail to attorneys, but
initially did not want to release the woman's entire e-mail.
Preckel also summarized other e-mails he received, and told
attorneys people had been phoning his department with comments
against the plea agreement. Most of the people calling or
sending e-mails had no connection to the case.
Deputy District Attorney William Gentry told Preckel the parents
of the victim went along with the plea agreement.
Preckel received a phone call from someone who represented the
parents and who said they were displeased with the proposed
sentence of 15 years.
So Preckel insisted the maximum term be 21 years, and Bruce
signed the plea agreement.
"I shot and killed my wife which resulted in her death. My
actions were not premeditated or deliberate," wrote Bruce in a
court document. "I acted out of passion and without malice."
The couple's two small children are living with their maternal
grandparents and have moved away.
The shooting occurred in the couple's bedroom and was witnessed
by their 4-year-old son, who told investigators "my daddy
shooted my mommy with a black gun."
Before the guilty plea, Gentry said it was a possibility that
the
4-year-old might be called as a witness against his father in a
trial. In an unrelated event, the governor has appointed Gentry
to become a judge, and he is no longer on the case.
Bruce's attorneys said the shooting followed an argument between
the couple over Bruce not getting the children ready for bed.
Someone took his clothing from the closet and dropped it on the
bed.
The victim's father testified his daughter suggested Bruce move
out.
Kristin Maxwell-Bruce was shot in the face, and she and Bruce
both called 911. She lost a lot of blood and died on the way to
a hospital.
Bruce did not work with other deputies in the Alpine substation.
He worked in the Las Colinas Women's Detention Facility for
about three years before the shooting. Bruce remains in the
Vista Detention Facility without bail.
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