East Bay musician accused of killing girlfriend wants trial moved out of Santa Cruz County

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East Bay musician accused of killing girlfriend wants trial moved out of Santa Cruz County
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As the death of Capitola outrigger canoe paddler moves toward trial next month, attorneys have filed a flurry of motions seeking everything from the murder case’s outright dismissal to a chan…

Theobald “Theo” Brooks Lengyel confers with attorney Mitchell Page in Judge Syda Cogliati’s courtroom Tuesday. SANTA CRUZ — As the death of a Capitola outrigger canoe paddler moves toward trial next month, attorneys have filed a flurry of motions seeking everything from the murder case’s outright dismissal to a change of venue.

Santa Cruz County Assistant District Attorney Yukiko Orii, in her opposition filing, said it would be up to the jury to determine the degree of murder with which to charge a defendant found guilty. She also wrote that the Lengyel had admitted to Herrmann’s brother Eric that he had caused Herrmann’s “expiration” and described details of how he disposed of her body.

The prosecution’s co-counsel, Assistant District Attorney Emily Wang, opposed the change of venue, arguing media coverage of the case was “largely factual” and had decreased over time. The third motion in the case, filed July 16 by the Public Defender’s Office, seeks to bar or “quash” the District Attorney’s Office from demanding it turn over photographs taken of Lengyel when he consulted with defense attorneys in December.

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