Sentencing Delayed For Pair Convicted Of Murder

With both defense attorneys expected to seek a new trial, sentencing was postponed until April 29 for two men convicted in the financially motivated stabbing death of a Palm Springs retiree.

Miguel Bustamante and David Replogle were both found guilty in January of first-degree murder and conspiracy charges in the death of 74-year-old Clifford Lambert.

Bustamante’s attorney, Joe Forth, asked for a continuance of his client’s sentencing on a bid for a new trial, based on a challenge of the qualifications of one of the expert witnesses the prosecution called during the trial.

Replogle’s attorney, John Patrick Dolan, also asked for a sentencing continuance because he wants to contact members of the jury that convicted his client on the theory that the panel was confused about the conspiracy charge on which Replogle was also convicted.

Deputy District Attorney Lisa DiMaria has said she’s “confident in the jury’s verdict in this case.”

Two other defendants in the alleged six-person murder conspiracy are also scheduled to appear at the Larson Justice Center today. Daniel Garcia, 28, and Kaushal Niroula, 29, are both acting as their own attorneys, defending themselves against first-degree murder and conspiracy charges.

Last month, Superior Court Judge David B. Downing forced Niroula and Garcia to pick a trial start date of Sept. 6, trying to speed up the last group to be tried in the case.

He has already approved a county-provided laptop for the two, who said the facilities at the Indio jail do not allow them to adequately prepare their defense.

The laptop is part of the $135,000 the county has spent related to Garcia’s defense, according to court records.

Two other defendants in the case were convicted or pleaded guilty.

Craig McCarthy pleaded guilty to voluntary manslaughter in August and a sixth defendant, Russell Herbert Manning, pleaded guilty to fraud-related charges and was sentenced to five years in prison.

Palm Springs police Detective Frank Browning testified at a preliminary hearing that McCarthy told him the initial plan was to kidnap Lambert and steal his identity to clean out his accounts, but the plan hit a snag when concerns arose that the retiree could reemerge and contest forged power-of-attorney documents prepared by Replogle, a San Francisco lawyer.

Lambert was slain during a staged break-in on Dec. 5, 2008, with Bustamante stabbing him in the back of the neck as McCarthy and Niroula stood by his side, Browning said.

Lambert’s body has never been found, but the trio are believed to have buried it in the desert.

The prosecution said Lambert was targeted because he was lonely, liked to meet people over the Internet and had an interest in younger men, making him vulnerable.