VISTA -- Attorneys will not seek the death penalty in the case of a triple-murder suspect whose trial is scheduled to start with jury selection today, a prosecutor said Tuesday.

If Charles Bernard Davis is found guilty in the May 12 stabbing deaths of three people in a southeast Oceanside apartment, the maximum punishment the 58-year-old could face is life in prison without the possibility of parole.

Also on Tuesday, the judge in Davis' case tentatively decided that at least some potentially damaging statements the defendant made to police can be kept from jurors.

The statements in question were made after what Casserly said was Davis "clearly" asking for a lawyer during questioning on May 12 by Oceanside Police, who continued the interrogation without granting his request.

At the start of a pretrial hearing Tuesday, Deputy District Attorney Steve Carver said that his office will not seek the death penalty if Davis is convicted. Because Davis faces an allegation that he committed multiple murders, the death penalty was an option for the prosecution to pursue.

Carver said family members of the victims requested that Davis not face the death penalty.

Authorities have identified the victims as Dana Beckmeyer, 44, who lived at the apartment; Adrian Anthony "Andy" Van Engelen, 55, of San Marcos; and Bruce Carriker, 57, of Vista. All three suffered multiple stab wounds.

Davis moved from upstate New York to Oceanside to live with his adult daughter about three months before the killings. Police have said the defendant was romantically involved with Beckmeyer and moved into her place -- in the same apartment complex on Windrift Way -- a few weeks before the slayings.

Davis has pleaded not guilty to the deaths. Oceanside police have said that Davis called and asked to turn himself in about three hours after police received a 3:30 a.m. call that day to report the discovery of the bodies.

At the pretrial hearing Tuesday, Superior Court Judge Timothy Casserly told attorneys he is leaning toward keeping from the jury all statements Davis made after the defendant told police, "Just put me in a jail cell, get me a lawyer, be done with this" during questioning on the day of his arrest.

"At the time I first read that statement, I thought that was clearly an unambiguous invocation (of his right to an attorney)," Casserly said.

However, should Davis testify at his trial, the judge said he may let prosecutors use the suppressed statements during cross examination.

The statements in question include a handwritten statement Davis wrote for police during his questioning.

Under the law, police must stop questioning a suspect if he or she asks for an attorney. Also, the suspect must be the one to reinitiate the conversation if he or she chooses to speak without an attorney present.

Before Casserly issued his tentative ruling, Oceanside police detective Kelly Deveney testified Tuesday that, upon hearing Davis make the statement in question, "In my mind, he was clearly invoking his right to an attorney."

When Davis asked for an attorney, the detective stopped the interrogation, but when she returned on the order of her superiors to clarify his request, Davis started talking again about his case.

"In my opinion, he was very willing to talk that day without an attorney," Deveney testified.

Police interviewed Davis again two days later; he had not contacted them and asked to talk further.

In making his ruling, Casserly said he found Deveney's testimony to be "extremely credible" and that he could "see the position" of the Oceanside police sergeant who sent Deveney back into get clarification as to whether Davis expected police secure him an attorney.

"But on balance, I have to say this is an unambiguous invocation (of the right to have an attorney present)," Casserly said.

It is unclear how long police questioned Davis before he asked for an attorney; the transcript of the interview has not been made public.

Also unclear is exactly what Davis may have told police, and what statements could be kept from the jury.

After Casserly made his tentative ruling, Carver declined to discuss the statements or any evidence in the case.

At a preliminary hearing less than three weeks after the slayings, Detective Deveney testified that Davis' conversation with her was "repetitive and confused," and that police were "constantly trying to keep him on track to answer questions."

The detective said police interviewed Davis for eight hours on the day he was arrested.

According to court documents, no drugs were found in Davis' system on the day of the slayings.

Davis' trial is expected to run between four and six weeks.

- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.