Carlsbad killer loses challenge to Board of Prison Terms

By: North County Times staff and wire services - | Thursday, June 9, 2005 11:29 PM PDT ∞

VISTA ---- A Superior Court judge on Thursday rejected a convicted Carlsbad murderer's request to make the state Board of Prison Terms recuse itself from conducting her first parole hearing.

Linda Elizabeth Ricchio, described in the media as the "Fatal Attraction killer" for the 1987 shooting death of her former boyfriend outside his Carlsbad apartment, sought to have the board disqualified from considering her parole because one of its commissioners, Susan Fisher, is the sister of the man Ricchio killed.

Fisher was not scheduled to participate in Ricchio's parole hearing, but Ricchio's attorney argued that Fisher's position as a board member would still influence the other commissioners.

In a three-page decision issued Thursday, Judge Joan Weber wrote that the board's "assurances and proposals" for handling Ricchio's parole hearing "are sufficient to allay the appearance of impropriety" that Weber saw in Ricchio's initial request.

Ricchio's attorney, Richard Pfeiffer, said he had not received any assurances from the board and indicated he would appeal the ruling.

"I'm not comfortable with the existing board," Pfeiffer said.

Tip Kindel, a spokesman for the board, said he was not aware of the judge's ruling until a reporter called him late Thursday afternoon. Kindel said he could not comment until he had confirmed the judge's ruling.

Ricchio was convicted in 1989 of first-degree murder for the slaying of 28-year-old Ron Ruse Jr. Ricchio was sentenced to 27 years to life in prison. She became eligible for parole after serving 15 years.

Ruse's sister, Laurie Mallon of Escondido, issued a statement from her family late Thursday afternoon that said the family was happy the court denied Ricchio's request and said the request was based on an "unfounded" accusation.

"We continue to miss and grieve the loss of our son and brother and continue to believe that Ricchio should serve her full term of 27 years to life for his stalking and murder," the family said in the written statement. "We don't care what she does while incarcerated or how far she takes this process, as long as it delays any potential for her release from prison. It is our belief that she is unremorseful and still a danger to society."

The prosecutor at Ricchio's trial argued that Ricchio had an obsessive jealousy, that she threatened and harassed Ruse repeatedly, and that she ambushed and murdered him. Ricchio's attorney argued at the trial that Ruse's death was an accident that occurred as Ricchio tried to kill herself.

The Superior Court judge who sentenced Ricchio and a state appeal's court later stated that the evidence clearly supported the prosecution's description of the killing.

Pfeiffer wrote in documents filed with the court that as Ricchio's case was going to trial, Fisher pressured the district attorney and made statements to the media that Ricchio should get the death penalty.

Fisher later became active in crime victims' organizations, including serving as head of the Doris Tate Crime Victims Bureau. She was appointed last year to serve on the nine-member Board of Prison Terms.

Weber wrote in her ruling Thursday that the board informed her that Fisher will not participate in Ricchio's parole hearing as a next-of-kin victim witness or as a commissioner, that the board would hear Ricchio's requests to disqualify specific board members and "would do everything in its statutory power to ensure (Ricchio) is provided an impartial panel."

The board also informed Weber that the commissioners meet only once a month, live in different parts of the state and have working relationships, but do not have day-to-day interaction or personal relationships, Weber wrote.

Pfeiffer suggested in court filings that Fisher has had an influence on her fellow board members.

City News Service and staff writer Scott Marshall contributed to this story.

Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.