Alameda County DA restores special-circumstances child murder charge against serial killer
DUBLIN When David Misch goes on trial for allegedly killing -year-old Michaela Garecht in he ll be facing a feasible sentence of life without parole once again An undated image of Michaela Garecht David Misch has been charged with the kidnapping and murder of -year-old Michaela Garecht Hayward Police Alameda County prosecutors have re-filed their murder scenario 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 -year-old Misch the effects of this decision are largely symbolic He has been convicted of three murders all in the s all seemingly involving a sexual motive His record is full of sex crimes violence and a lack of remorse the bulk in recent times demonstrated last January when he sang Bottles of Beer at the hearing where a judge sentenced him to years to life for murdering best friends Michelle Xavier and Jennifer Duey in In short the idea that he d be able to convince a parole board to free him seems like a long shot This undated booking photo provided by the Hayward Police Department in California shows David Misch Hayward Police Department via AP But when Price s office dismissed special-circumstances charges against Misch in it led to conflict and outcry from the casualties families and prosecutors within the office Price was recalled in 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 scenario and his decision to go to trial on his Hayward development defense attorney Ernie Castillo wrote Michaela was at a Hayward corner store buying candy with a friend when she was abducted on Nov Her kidnapper placed her scooter next to his parked Oldsmobile so he could snatch her when she emerged In personnel revealed that fingerprints discovered on the scooter previously assumed to be unusable had been linked to Misch Related Articles Police Dispute over personal hygiene led to Hayward murder-suicide East Bay man who severed man s leg killing him in car crash to get years Oakland man accused of killing squatter circulated from jail Trial date for Bay Area Zizian pair charged with murder rescheduled for March East Bay murder suspect claimed he beat ex-boyfriend to death without recognizing him police say Hundreds of cops family members and helpers searched for Michaela after her disappearance and uncovered nothing A common theory posits that Misch allegedly dumped the girl s body in a wooded area near Niles Canyon but no proof was ever located Misch s lawyer has previously argued that there s no definitive proof Michaela literally died Misch a Santa Clara native is due in court next on Oct for a trial date to be set Last year he was convicted of murdering Duey and Xavier in a remote part of Fremont after either luring or forcing them to the area
