Motion seeks recusal of DA's Office in 'Muscle Car Murder' case
Nov 04, 2024
BAKERSFIELD, Calif. (KGET) -- A motion filed on behalf of one of the defendants in the "Muscle Car Murder" case seeks the recusal of the Kern County District Attorney's Office after prosecutors received a download of the defendant's cellphone containing text messages between him and his attorney.
The motion, filed Oct. 31 by attorney Mark Anthony Raimondo on behalf of client Joseph Bush IV, says the messages "contained privileged communications of client and attorney."
"There are communications between defense counsel and Mr. Bush containing discussions about his case, defenses, planning, strategy, experts" and more, according to the motion.
Raimondo wants the DA's Office recused from the case; another option he proposed would be the appointment of a special master -- an outside legal expert -- to review the cellphone's contents and provide the court and attorneys with steps to ensure a fair trial.
A hearing on the motion is scheduled next week.
Bush, David Tyrone Thompson and Giovanni Garcia-Viscarra are charged in connection with the death of Victoria Anna Marie Hampton, 61. She was found wounded March 19, 2023, on Ginger Drive, north of White Lane and west of New Stine Road, and died April 1, 2023.
Police say Hampton's car was stolen and she tracked it using an Apple AirTag, and was shot while confronting the defendants. Thompson, the accused shooter, is charged with murder, carjacking and vehicle theft. Garcia-Viscarra and Bush are charged with carjacking, vehicle theft and conspiracy.
Last month, according to Raimondo's motion, prosecutor Christine Antonios received a download of Bush's cellphone.
When she opened the download, Antonios found text messages from and to "Eric" -- Eric Le, an attorney in Raimondo's office.
Antonios immediately stopped reading the contents, contacted Le and agreed to have the messages deleted from her possession, according to the motion.
Raimondo argues that's not enough.
"The integrity of the judicial process and the defendant's constitutional rights to effective assistance of counsel and a fair trial are compromised as there is discovery of client and attorney communication regarding defenses that may have been divulged to the District Attorney which will undermine Mr. Bush's right to a fair trial," he says in the motion.