San Diego

A judge ruled Thursday that the press and public can attend a hearing on a defense motion to disqualify the district attorney’s office from prosecuting accused murderer David Lucas, and Lucas’ attorney won another delay by saying he would immediately appeal.

Attorney William Saunders told San Diego Municipal Court Judge Herbert Exarhos he will seek a writ from Superior Court appealing Exarhos’ decision for an open hearing on the disqualification issue and the preliminary hearing.

Exarhos set the removal hearing for June 11. If the motion is granted, the California attorney general’s office would have to take over the case.

Saunders alleges that the district attorney’s office must have Lucas convicted so it can reestablish its credibility in the community because it once charged another man in two of the six slayings Lucas is accused of committing.

Saunders represents the Spring Valley carpet cleaner in the 1979 throat-slashings of Suzanne Jacobs, 31, and her son, Colin, 3, and the 1981 slaying of Gayle Garcia, 29, in a Spring Valley home she was showing to prospective buyers. Lucas, 30, is set for trial Oct. 1 in the 1984 deaths of Anne Swanke, 22, of San Carlos, and Rhonda Strang, 24, and Amber Fisher, 3, both of Lakeside.

Johnny Massingale, 30, of Harlan, Ky., was charged last year in the Jacobs slayings, but all charges against him were dismissed Jan. 4 on grounds of insufficient evidence.

Exarhos also ruled that the press and public can attend the June 17 preliminary hearing, but that date may be vacated depending on what happens in the removal hearing.