2nd Judge Says He Can’t Order Return of Cheyenne Brando

The prosecution’s murder case against actor Marlon Brando’s son suffered a serious setback Thursday--hours after prosecutors won a trial delay--when a judge refused to help bring Brando’s daughter back from Tahiti to testify against her half brother, Christian Brando.

Judge Joel Rudof, acting supervising judge of the Santa Monica Superior Court, said he believes that “any American citizen who witnesses a crime should be made available” to testify. But he refused to sign a letter formally requesting cooperation from authorities in French Polynesia, saying that he does not have that power.

Since prosecutors have already been rebuffed by a federal court judge on the issue, their efforts to call Cheyenne Brando, 20, as a witness are at a standstill.

“When you don’t want someone to testify, it appears that all you have to do is send them out of the country,” Deputy Dist. Atty. Steven Barshop said. “There doesn’t seem to be any process whereby we can get her to return. We continue to search.”

Prosecutors say they need the testimony of the young woman, who was with her brother during the evening of May 16 when he allegedly shot Dag Drollet, her lover and the father of her child, to prove that the shooting was premeditated and deliberate--and thus murder.

“Her testimony is crucial to establish Christian Brando’s state of mind on the evening of the shooting,” said Deputy Dist. Atty. Bill Clark, co-prosecutor, adding, “It looks like she won’t be here.”

Without it, a plea bargain agreement on lesser charges or a manslaughter conviction is likely, sources close to the case say.

After Cheyenne Brando was interviewed by police last June, she took the next flight to Tahiti, evading efforts to serve her with a subpoena. She had told officers that the shooting was not an accident, as her brother claims.

“It was a murder, in case you don’t know it,” she said at the time.

Her statements, however, are inadmissible unless the defense can confront and cross-examine her. Likewise, Christian Brando’s tape-recorded statement to police has been ruled inadmissible because he was not properly advised of his Miranda rights to remain silent.

French authorities are holding Cheyenne’s passport, because she has been charged with “complicity” in the death of Drollet, a French citizen, and she is said to be physically and mentally unfit to travel. She recently gave birth to Drollet’s son, named Tookie.

Even if prosecutors find a way to force her to return, defense attorney Robert Shapiro said he will ask for a competency hearing. He said she suffers “emotional and mental problems” requiring her to be hospitalized and heavily sedated.

Cheyenne Brando has given at least five conflicting statements about the shooting, he said, adding that she recently implicated a third person in the crime.

Earlier Thursday, prosecutors argued successfully for a delay in the trial, which was to begin next week. Over defense objections, Santa Monica Superior Court Judge Robert Thomas tentatively rescheduled jury selection for Nov. 5.