"Alameda County prosecutors have re-filed their murder case against Misch with a special circumstance alleging he murdered Michaela during the commission of a kidnapping. The move undoes a previous decision made under ex-District Attorney Pamela Price, who largely opposed sentencing enhancements that carried life without parole. For 64-year-old Misch, the effects of this decision are largely symbolic. He has been convicted of three murders, all in the 1980s, all seemingly involving a sexual motive."
"Price was recalled in 2024 and replaced by Ursula Dickson Jones, who has pledged to seek harsher penalties than her predecessor and charged special circumstances in other murder cases. When Dickson Jones' office moved to reinstate the special circumstances enhancement, Misch's lawyer filed a motion calling it a "vindictive and arbitrary" attempt. "Here, Mr. Misch is being punished for exercising his right to trial in the Fremont case and his decision to go to trial on his Hayward case," defense attorney Ernie Castillo wrote."
Alameda County prosecutors re-filed murder charges against David Misch with a special circumstance alleging he killed 9-year-old Michaela Garecht during a kidnapping, exposing him to life without parole. Misch, 64, already holds convictions for three 1980s murders and a history of sex crimes and violence, and appears unlikely to secure parole. Former District Attorney Pamela Price dismissed special-circumstances charges in 2023, prompting controversy, a 2024 recall, and replacement by Ursula Dickson Jones. Jones vowed to seek harsher penalties and reinstated the enhancement. Misch's defense calls the reinstatement vindictive and arbitrary, alleging punishment for exercising trial rights.
Read at The Mercury News
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