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Father of Man Murdered, Dismembered in LosAl Demands a Trial

Attorneys for theater actor Daniel Patrick Wozniak want to delay the proceedings -- again.

Daniel Patrick Wozniak. Patch file photo.
Daniel Patrick Wozniak. Patch file photo.

By PAUL ANDERSON
City News Service

The father of a man killed and dismembered in Los Alamitos implored an Orange County judge today to get the case before a jury, while the attorney for the accused killer sought a delay to January in the death penalty case.

Steve Herr, whose 26-year-old son, Samuel Eliezer Herr, was killed in May 2010 along with a friend, 23-year-old Juri Julie Kibuishi of Irvine, asked Superior Court Judge James Stotler to keep to next week's trial date for the victims' accused killer.

Herr said hearing that Daniel Patrick Wozniak's attorneys wanted a January trial date was a "kick in the gut."

He added, "Fifteen months ago, the first trial date was set. In October, the trial was delayed a year until this March. Then in March it was delayed again."

Herr said he is suffering from stress due to the delays.

"I'm fed up and I'm fed up with the delays," Herr said.

Wozniak's attorney, Scott Sanders of the Orange County Public Defender's Office, said part of the delay is the link the case has to a 500-page-plus motion he filed earlier this year, alleging systemic abuse in the gathering and withholding of evidence involving jailhouse snitches.

An evidentiary hearing on those allegations as they relate to convicted mass killer Scott Dekraai, who opened fire at the Seal Beach beauty salon where his ex-wife worked, are wrapping up in another courtroom.

At issue in the Wozniak case was how one informant questioned the defendant while they were in custody, potentially raising the possibility of a violation of Wozniak's constitutional rights. Also at issue is Wozniak's participation in MSNBC's "Lockup" show, which Sanders contends was arranged by sheriff's deputies to help his client make incriminating statements.

Senior Deputy District Attorney Matt Murphy argued it's irrelevant since he has no intention of using the informant in his case against Wozniak. Also, it was Murphy's office that alerted Sanders of the "Lockup" appearance when Herr saw the program and called prosecutors about it.

Murphy said the informant in question "acted alone, he acted on his own volition," and the prosecutor assured Stotler he had more than enough evidence to convict Wozniak anyway.

Sanders said it matters little whether prosecutors want to use the informant's evidence.

"It's still a violation of the law and part of a pattern with the sheriff's department," Sanders said.

Stotler agreed to read Sanders' lengthy motion alleging mishandling of jailhouse informants and ordered both sides to return to court Thursday to discuss when to hold the trial.


The Beast ! June 28, 2014 at 03:38 PM
This guy is a filthy savage !
Jeffrey Hathcock June 28, 2014 at 05:00 PM
I ran the theater, The Liberty, on The Joint Forces Training Base in Los Alamitos where Dan Wozniak murdered Samuel Herr in the loft above the theater. I knew Dan very well as he had been in several of my plays. I also had the pleasure of meeting Juri Kibuishi once at my theater. Sweet girl. So, Wozniak murdered two people in cold blood in a most-heinous manner- confessed to it when caught at his bachelor party in a Huntington Beach restaurant- and told the police where to find Herr's dismembered body. So, the question is, WHY THE DAMNED DELAYS? We all know he committed the murders. HE CONFESSED! Who gives a rat's ass about jailhouse informers? How can Wozniak's attorney Scott Sanders sleep at night knowing full well he is trying to get a double murderer off on a technicality? How could anyone with any sense of morality defend a bastard like Wozniak? It's high time the people of California hold these defense attorneys and soft-on-crime judges accountable. There should be no delay. Wozniak, who I thought was a friend committed the first murder in my theater and left the mutilated body in the loft where it remained for six days until he was caught and confessed. Some friend, huh? Why my theater? Do you all realize just how cold and callous someone would have to be to murder two people in the same day and then go and perform in a play the same night as though it never happened? Why do we put up with this bullshit with defense attorneys and weak judges who don't give a damn about the victims but appear to be sympathetic with the killer- giving him every chance to get off- either completely or with a lighter sentence? I feel for Mr. Herr and for Juri's Kubishi's parents. What a living hell Dan Wozniak has put them through and it's being prolonged by Wozniak's defense attorney and a milquetoast judge. Demand that a judge's record be put on the election ballots each time there's an election so that we know who's soft on crime and we can vote them out. Dan Wozniak should have been given the gas a long time ago like that other monster, Scott Dekraii who gunned down those innocent people in the Seal Beach beauty salon. The victims are dead and gone while the two killers are still alive and eating at our expense. Lastly, for those of you who are against the death penalty, because you think it's inhumane, how humane is it to allow these pieces of shit to keep living? If they need someone to administer the gas let me know. I'll do it gladly! Jeff Hathcock
Dweezle June 29, 2014 at 01:16 AM
let me see, why do we give credence to a corrupt DA that makes sure murdering cops walk scot free? In this nation we still have a system of checks & balances to assure justice, However, as I see it we have laws brutally enforced one way for the every day person and another way for the Wealthy, Politically connected and for cops. Joe blue collar walks into a court room, and even though he is supposed to be presumed innocent until proven guilty, he must prove beyond a doubt his innocence. Especially in minor cases, Example Traffic Court, traffic court has nothing to do with justice or even public safety it is all about revenue. In this case I believe in the eyes of the court there are 2 victims, and they are both dead. Family members unless called to testify as witnessing a material fact have NO SAY in the court. They may offer testimony in a sentencing hearing but that's it. Even when a defendant confesses to police that confession MUST be carefully scrutinized Thanks to the 1966 Miranda vs Arizona. screw up. Every word spoken and act taken in the record of trial will be re-evaluated by a number of appellate courts. If the appellate court decides the prosecution was guilty of such misconduct as allowing jailed gang murderers to walk in exchange for testimony, (if believed or not) It is possible not only Wozniac will go free every case tried by members of the DA's staff that Jail house snitches may have participated may be overturned. And Jeff Halfcocked The state of California does not use Gas for Capital Punishment unless the accused requests it we use Lethal Injection.
The Hunter June 30, 2014 at 11:51 AM
Isn't Scott Sander's also Scott Dekraai's public defender. I'm really starting to hate that guy.

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