Change of venue not granted for East Bay man accused of killing his Capitola girlfriend

Judges ruled Friday that a case against an El Cerrito man charged with killing his girlfriend should not be thrown out, nor tried in a different jurisdiction due to potential juror bias.

SANTA CRUZ — Judges ruled Friday that a case against an El Cerrito man charged with killing his Capitola girlfriend should not be thrown out, nor tried in a different jurisdiction due to potential juror bias.

Theobald Lengyel, 54, appeared in Santa Cruz County Superior Court for two separate hearings, each involving motions brought by his defense attorney Annrae Angel.

Judge Denine Guy found that sufficient evidence was proven to bring Lengyel to trial as early as Aug. 19 on charges of murder, burglary and auto theft, though Angel argued in her court filings should be dismissed or downgraded due to a lack of supporting evidence. Santa Cruz County Assistant District Attorney Conor McCormick, however, agreed at the hearing to dismiss the burglary charge due to a lack of evidence, he said.

In a second hearing, Judge Nancy de la Peña disagreed with Angel’s filed arguments that Lengyel could only receive a fair and impartial trial if he were moved to a different county. De la Peña said neither the nature nor gravity of the case distinguished it from other similar cases, nor did she find any proof that news coverage of the case had been extensive or inflammatory.

Lengyel is scheduled to return to court for a trial readiness conference at 9 a.m. Wednesday.