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Hearing continues for two in alleged murder conspiracy


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A preliminary hearing is scheduled to continue today in Ventura County Superior Court for two people accused of plotting to kill a Ventura County prosecutor more than three years ago for a payment of $50,000 to $75,000.

Initially, three defendants — Gonzalo Mesa Jr., Benny Figueroa and Sandra Espinoza Spencer — appeared in court on Wednesday.

But during the hearing, Judge John Dobroth severed Figueroa from the hearing when he learned that there was a conflict of interest involving Figueroa's attorney, Denise McPeak, and one of the prosecution's confidential informants.

The judge chided state Deputy Attorneys General Rama R. Maline and Eric Kohm for not turning over the names of the informants and other witnesses to the defense attorneys.

The case is being prosecuted by the attorney general instead of the district attorney because the target of the alleged crime, Ventura County prosecutor Marc Leventhal, works for the DA.

Maline replied that the names were not given because the informant has already been threatened by one of the defendants. The judge told Maline that he was under a legal obligation to release the information.

Figueroa left the hearing and went to another courtroom, where his preliminary hearing was rescheduled for Sept. 10.

Dobroth is expected to decide whether there is sufficient evidence for Mesa and Spencer to be held over for trial.

According to authorities, Mesa and Figueroa, both 31, met with Spencer, 40, and agreed in late 2004 to shoot Leventhal using an AK-47 assault rifle.

All three suspects are in custody. They have been charged with attempted murder and conspiracy to commit murder. Spencer also has been charged with solicitation of murder.

Yolanda Sanchez with the California Bureau of Investigation is expected to take the stand today. On Wednesday, FBI Agent Mark Newhouse testified for several hours about the alleged conspiracy, which was brought to light by two informants.

Outside the courtroom, Spencer's lawyer, Robert "Bobby" Schwartz, and Mesa's attorney, Philip Gunnels, said the state's case is based on the testimony of two informants, Victor Brown and Pablo Cruz, who, they said, have long criminal records, including being involved in bank robberies in Ventura County.

"They only thing they have are these two snitches testifying about what they said they heard," said Gunnels. He said there is no physical evidence linking the suspects to the alleged crimes.

Schwartz said Brown and Cruz became informants to get lesser prison sentences.

Newhouse testified that the suspects and informants were all "intensive" methamphetamine drug users.

According to prosecutors, Leventhal drew the attention of Spencer during the prosecution of Anthony Navarro, also known as Anthony Spencer, who went to prison for a variety of white-collar crimes.

Authorities said Navarro's company was designed to steal the equity in homes owned by people facing foreclosure.

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