Opening statements began Tuesday in an Indio courtroom in the retrial of 73-year-old ex-attorney David Replogle, who was previously convicted in the murder of wealthy art dealer Clifford Lambert, News Channel 3 reported.
Lambert, 74, was stabbed to death more than a decade ago and then buried in the desert, his remains more recently discovered, according to News Channel 3.
Along with Replogle, retrials also have been granted for Kaushal Niroula, Daniel Garcia and Miguel Bustamante, who were all convicted for involvement in Lambert's murder, according to News Channel 3. The retrials have been granted due to homophobic and biased behavior by now retired judge David Downing, the article said. Replogle had been convicted of first-degree murder and sentenced to life in prison, News Channel 3 reported.
"It is never dark enough for a conspiracy to remain hidden. There will be no question by the end of this trial that Clifford Lambert was murdered, that David Replogle was part of that master plan not only to murder him, but to take Mr. Lambert for everything that he was worth," Senior Deputy District Attorney Rob Hightower, of the Palm Springs District Attorney's Office, said according to News Channel 3.
Despite there being a retrial, District Attorney Hightower is certain that by the end of the court case Replogle will still be found guilty, News Channel 3 reports. Given Replogle's experience as an attorney, Hightower alleges that Replogle had the "legal know-how" to rob and murder Palm Springs art dealer Lambert, the article said.
Meanwhile, Replogle's defense attorney, John Dolan, said that the other men involved in the murder were Replogle's clients, but he was not personally responsible for their actions, according to News Channel 3. In the article, Dolan said Replogle was threatened and acted under duress, and that he was not a mastermind in any conspiracy to kill Lambert.
According to News Channel 3, four of the six men convicted for the murder of Lambert have been granted retrials due to the homophobic and biased behavior shown by the judge at the time of their 2012 trial. The judge, now retired, was recorded making comments about Niroula (one of the convicted men) having HIV and refusing to read his motions. Retired Judge Downing is quoted as saying to Niroula, "I don't care what you think. I can say what I want. The first amendment protects me."
Additionally, for 12 years authorities were unable to locate Lambert's remains, the article said. However, in Tuesday's opening statements prosecutors shared new details in the case pertaining to the recovery of Lambert's remains, News Channel 3 reported. They showed a photo of a ravine that was Lambert's final resting place near Castaic, California, off of Interstate 5, according to News Channel 3. In June of 2016, the article said, pipeline workers in the area discovered a jawbone and then 10 months later environmental workers found a skull. In September of 2020, the remains were confirmed to be Lambert's by the Kern County Coroner's Office.