Judge to rule March 21 on motion to dismiss Wendy Howard case, as DA refuses to dismiss last charge

After both Eric Smith and defense attorney Tony Lidgett presented brief oral arguments, Judge Elizabet Rodriguez said on Tuesday she will issue a decision on March 21 regarding the defense’s motion to dismiss the case against Wendy Howard. Since the prosecution delayed sending their opposition brief until late Friday, just before the 3-day weekend, Judge Rodriguez did not have the opportunity to review the brief, nor the reply that the defense filed thereafter.

In January, Lidgett filed a once-in-jeopardy plea, arguing that Wendy has been fully acquitted of all charges and cannot be retried due to double jeopardy. This claim stems from the judge’s unusual instructions to the jury, who were told to consider voluntary manslaughter broken down into two theories - imperfect self-defense and heat of passion. Legally, however, voluntary manslaughter is one charge that considers both theories, and because the jury acquitted Wendy of voluntary manslaughter once, Lidgett argues that Wendy is acquitted of all charges and the law prohibits her from being tried with the same evidence a second time.

 “What we have here is a classic case of double jeopardy,” Lidgett said. He argued it would be “nonsensical” for the prosecution to retry her on the theory she acted in the heat of passion when shooting Pitts, after previously arguing the killing was premeditated. 

Wendy has the support of friends and family, and of local, statewide, and nationwide advocates. It is a waste of taxpayer dollars to retry Wendy, who poses no threat to public safety. The Kern County District Attorney continues to change its narrative in its malicious quest for a conviction. Before the trial, they refused to identify Kelly Pitts as a violent predator and only admitted that he was a child molester when it benefited their argument that it was premeditated murder. When Wendy was found not guilty of murder, they are again changing their narrative to argue it is voluntary manslaughter in the heat of passion. The DA has never been able to stick to a single narrative in this case because it is not about justice, it is about a conviction. The only story that has remained constant in this case is Wendy’s: that she defended herself when her life was in danger.

The DA is more interested in their conviction rate than seeking justice on behalf of victims. Wendy Howard defended herself when her life was in danger, and she was found not guilty of murder and acquitted of all charges. She has received an outpouring of support from Kern County, including from the legal community, police officers, business owners, religious leaders, radio hosts, and even a trial juror who publicly came out in support of her. We are baffled as to why the DA insists on retrying a survivor of domestic violence who protected herself and her family from a violent sexual predator who the DA admitted belonged in prison, although they failed to put him there.

The Wendy Howard Defense Committee continues to call on the DA to drop the charge and stop this egregious waste of taxpayer dollars.