Defense in Child-Murder Case Seeks Suppression of Evidence

The proceedings have a familiar ring.

The defense is seeking to suppress evidence obtained without a search warrant from the defendant’s vehicle, which was parked on the street.

Defense attorneys are also arguing that evidence obtained at the defendant’s home with a search warrant should be thrown out because police conducted previous searches of the home prior to the warrant being issued.

The defense may also challenge DNA test results of blood stains found both in the vehicle and in the home.

But it is not another chapter in the double-murder trial of O.J. Simpson. This case involves the sexual assault and strangulation of an 8-year-old girl.

Hooman Ashkan Panah, 23, who lived across the courtyard from the girl’s father in a sprawling apartment complex in Woodland Hills, is charged with the kidnaping and murder of young Nicole Parker.

Panah--who cut off his ponytail and appeared in court dressed in a purple suit with a purple pattern tie on Monday--faces the death penalty if convicted.

After two days of testimony--including an emotional breakdown by a veteran police detective--the Van Nuys Superior Court hearing on pretrial motions to suppress evidence on Monday was continued to Nov. 1 because additional witnesses won’t be available until then.

No new light was shed on the case so far, but Panah’s attorney, Robert Sheahen, has attempted to show that police acted improperly in obtaining statements from Panah and in obtaining physical evidence.

Under questioning by Deputy Dist. Atty. Peter Berman on Friday, Detective Duane Burris was explaining the events leading up to the search of Panah’s apartment the morning of Nov. 21, 1993. Burris said officers looked around the apartment--including a bedroom closet containing suitcases, one which later that night was found to contain the girl’s nude body--but left after the girl was not found.

Burris said he then went to the apartment of Panah’s girlfriend, who had called police to say that Panah had been there and had cut his wrists and swallowed sleeping pills in an attempted suicide and then fled.

Panah was spotted a few blocks away and detained by police. Burris was about to explain what he had asked Panah about Nicole, when the 25-year veteran of the Police Department suddenly became quiet and then tried to answer through a choked voice. Burris’ eyes became watery as Judge Sandy R. Kriegler called a recess in the proceedings.

When he returned to the witness stand, Burris said that he asked Panah about the girl and that Panah muttered something about the girl being near a waterfall near Mulholland Drive.

Panah was taken to a hospital, where another officer, Detective Robert Peloquin, testified that he informed Panah of his Miranda rights to remain silent and have an attorney present. Peloquin said Panah understood his rights and waived them.

“He was lucid and responsive,” Peloquin said.

But Sheahen tried to suggest that Panah did not understand what he was doing because of the suicide attempt and because of drugs given to him at the hospital, including an antipsychotic medication called Haldol.

On Monday, Sheahen questioned the nurse, Marilyn Whitman, who had injected the drug into Panah. Sheahen produced an instruction sheet that comes with the drug that said the maximum dosage should be .5 milligram. Panah was given 5 milligrams, which Whitman said was the standard dosage given in injection form. She said the half-milligram dosage was for oral doses.

Sheahen is also attempting to exclude from evidence a blood-stained notebook found in Panah’s car, in which Panah apologized for the death of Nicole and blamed the killing on “psychotic, evil and powerful people.”

A hearing on DNA testing is scheduled for Nov. 14, and Kriegler said he would like to begin jury selection by the end of November, with the trial beginning in December.