Accused Murderer Expected To Testify Against Others Today

A codefendant of two Bay Area men accused in the financially motivated murder of a Palm Springs retiree is expected to testify in court today.

San Francisco attorney David Replogle, 61, and Miguel Bustamante, 27, of Daly City, face charges of first-degree murder and theft charges in the Dec. 5, 2008, slaying of 74-year-old Clifford Lambert. The men could face life in prison without parole if convicted.

Also charged in the killing and awaiting trial are Daniel Garcia, 27, and Kaushal Niroula, a 28-year-old self-professed con man from San Francisco.

A fifth man, Craig McCarthy, entered into a plea deal last month and is expected to take the witness stand this morning. He faces 25 years and four months in state prison, with sentencing set for January.

In her opening statement, Deputy District Attorney Lisa Dimaria said Replogle, Niroula and Garcia hatched the plan in November 2008 to kill Lambert, create forged power of attorney documents and steal his wealth.

She said Lambert was lonely, liked to meet people over the Internet and had an interest in younger men — making him vulnerable.

The prosecutor alleged that Niroula let Bustamante and McCarthy into Lambert’s home on Dec. 5, 2008, and Bustamante stabbed the retiree to death.

The three allegedly loaded Lambert’s body into the trunk of his Mercedes- Benz and buried him in the hills in Fontana. The retiree’s body has never been found.

The prosecutor alleged that Niroula let Bustamante and McCarthy into Lambert’s home on Dec. 5, 2008, and Bustamante stabbed the retiree to death.

Following Lambert’s death, Replogle allegedly created false power of attorney documents that allowed the co-defendants to empty the victim’s bank accounts and try to complete a quick sale of the victim’s $1 million Palm Springs home for less than $300,000. A judge later halted the sale.

Replogle’s attorney, John Patrick Dolan, has said that his client only created the documents because Niroula threatened Replogle.