Motion for New Trial Expected in 1998 Murder of German Tourist

A motion for a new trial is expected in the case against Paul Carpenter, the fourth person convicted in the 1998 murder of a German tourist near .

The defense attorney "keeps threatening to file a motion for a retrial," said Los Angeles Superior Court Judge Katherine Mader.

A eight months ago of one count of murder with special circumstances and three counts of attempted robbery in connection with the shooting death of a 50-year-old tourist who was visiting California with a group of friends.

The District Attorney’s Office is seeking a prison term of 23 years to life, but Carpenter’s sentencing hearing has been postponed numerous times since the initial date Nov. 30, 2011.

The latest postponement was Friday, when Judge Mader said defense attorney Ronald Higgins is awaiting transcripts from the murder trial needed to file the motion.

The official records of the case, the transcripts are needed for Higgins to argue there was a legal error with the admission of evidence, according to Deputy District Attorney Bobby Grace.

If a judge grants a new trial, “the guilty verdicts would be set aside and there would be a whole new trial,” Grace said.

Higgins was not present at Friday's hearing and has not returned messages seeking comment.

Carpenter stood trial in October 2011 after being deported from Jamaica, where authorities alleged he had been hiding under an alias. By that time, three others, including the gunman, had already been convicted of murder and sentenced.

On Friday, Judge Mader set a new sentencing date for Carpenter of June 27.

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