Judge Tells Murder Defendant to Consider Deal

Los Angeles Superior Court Judge Katherine Mader on Monday offered murder defendant Sina Khankhanian some time to consider a proposed plea deal from the District Attorney's Office before continuing on the path toward the trial, which is expected to begin next week. Khankhanian, who is accused of killing Malibu eighth-grader Emily Shane when his vehicle struck her on Pacific Coast Highway in April 2010, declined.

If convicted, Khankhanian, 28, would face an automatic sentence of 15 years to life. Mader told him her hands are tied by the law, and she could not adjust the sentence.

The D.A.'s Office late last month offered Khankhanian a deal that would sentence him to 15 years in state prison. He would be required to serve at least 85 percent of the sentence, and with his being in custody nearly two years since Emily's death, he could be free in a little under 11 years. Bradley Brunon, Khankhanian's attorney, countered with an offer for an 11-year sentence that could have his client going free in about seven years. Neither side was willing to budge.

"I don't know how this is going to go over to a jury," Mader told Khankhanian during the hearing at the Airport Courthouse. "I don't know what the effects may be of the death of a 13-year-old child. Obviously, there is going to be a lot of sympathy engendered in that situation."

She continued, "I want to make sure that you have considered all the different scenarios and possibilities and risks that you are taking in going to trial."

Khankhanian responded that he wanted to proceed toward a trial.

Mader on Monday ruled on various motions from Brunon and prosecutor Marna Miller. She granted Brunon's request that the lawyers could not call Emily's death "a murder" during the trial and Miller's request that the death not be called "an accident." The judge said both terms were "loaded words."

Brunon said he believes this is a vehicular manslaughter case and not one of murder, something he has repeated several times in court and in interviews with Malibu Patch. Miller again said her office is not interested in any charge but murder.

Mader said that if after he has presented his case, Brunon has proven there is evidence involuntary manslaughter should be considered, she will instruct the jury to do that. This carries a maximum sentence of four years, six fewer than gross vehicular manslaughter.

Involuntary manslaughter is a "lesser included offense" that a jury could consider in some cases when the charge is murder. Vehicular manslaughter could only be considered if Miller were willing to add the charge, and she has not wanted to do that. Mader told Miller if she were in her place, she would want vehicular manslaughter to be included as a possibility for the jury.

Miller told Mader she understood she was taking a risk, and noted that the jury could only convict on involuntary manslaughter if it unanimously decided Khankhanian was not guilty of murder.

Jury selection is expected to begin today. The trial is expected to start next week on Tuesday.