Murder Trial Moves On Despite No Body Discovered

The lead detective in the trial of two Bay Area men accused in the financially motivated murder of a Palm Springs retiree testified today that law enforcement agencies have not given up the search for the victim’s body.

San Francisco attorney David Replogle, 61, and Miguel Bustamante, 27, of Daly City, face 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 in September and took the witness stand during Replogle’s and Bustamante’s trial, which began nearly two months ago.

Palm Springs police Detective Simon Min testified today that “the body search has not stopped.”

Min said he is in contact with authorities in Riverside, Los Angeles and San Bernardino counties about once a month. When any remains turn up in nearby counties, Palm Springs police check to see if they are Lambert’s, he said.

The detective added that he also continues to search whenever he finds time, but has been tied up during the trial.

Testimony was expected to wrap up today, with defense witnesses lined up for Monday.

Replogle’s attorney, John Patrick Dolan, said his client will take the witness stand in his own defense.

At the outset of the trial, Deputy District Attorney Lisa DiMaria told jurors that Replogle, Niroula and Garcia hatched a 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 to the scam.

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 his million-dollar Palm Springs home for less than $300,000. A judge later halted the sale.

Dolan has said that his client only created the documents because Niroula threatened Replogle.