Defendant in Strangulation of Teen Pleads Not Guilty

VENTURA â€”  The man accused of strangling 14-year-old Kali Manley pleaded not guilty Thursday to a murder charge and a special allegation of attempted rape.

David Alvarez, his head shaved and wearing jail blues, didn’t speak during his brief appearance before Superior Court Judge Edward Brodie. Instead, his attorney, James Farley, told Brodie they “deny each and every count.�

Alvarez, 22, is accused of strangling Manley, a Nordhoff High School freshman, while trying to force her to have sex in the early morning hours of Dec. 20, 1998. A week later, Alvarez led authorities to Manley’s nude body, which was hidden in a drainpipe in the rugged hills above Ojai.

The plea came a day after the state attorney general’s office announced it would not seek the death penalty against Alvarez.

Deputy Atty. Gen. Michael Katz explained Thursday that his office chose not to seek the ultimate penalty after looking at the evidence and because Alvarez had never before been accused of a serious crime.

“We believe, in this case, the death penalty would be inappropriate,� Katz told Brodie.

Alvarez’s mother and father sat expressionless in the front row of the courtroom, and declined comment after the hearing.

But Farley said Alvarez was relieved to hear prosecutors would not ask for the death penalty.

“It takes the weight off his shoulders to know he’s not facing a lethal injection,� Farley said.

The special allegation charge of attempted rape made Alvarez eligible for a death sentence. Now, if he is convicted of the murder and rape allegation, Alvarez could be sentenced to life in prison without the possibility of parole.

Outside court, Farley said he will file a motion asking that the rape allegation be dropped. Farley said there is no evidence to support an attempted rape allegation.

“It must have been some attempt,� Farley said. “All she had was a broken fingernail.�

A coroner testified at a recent preliminary hearing that although there were signs of a struggle, he could find no evidence of sexual assault.

If Farley succeeds in having the attempted rape charge dropped, the maximum sentence Alvarez could receive is 25 years to life.

Farley also restated his intention to seek a change of venue because the case has received so much media attention. He said the publicity will make it impossible to find an impartial jury in Ventura County.

Alvarez is scheduled to go to trial Oct. 18.