In a recent development in Los Angeles, a judge has ruled that a cellphone belonging to Fraser Bohm must be returned to his defense team, despite prosecutorial concerns regarding crucial evidence.
As reported by the DailyMail, Bohm, who is 24 years old, declined to disclose his phone passcode to authorities following a tragic Malibu accident in 2023. The crash resulted in the deaths of Alpha Phi Sorority sisters Niamh Rolston, 20; Peyton Stewart, 21; Asha Weir, 21; and Deslyn Williams, 21.
Bohm is currently charged with four counts of murder and vehicular manslaughter with gross negligence.
On Tuesday, LA Superior Court Judge Thomas Rubinson stated that a technician hired by Bohm’s defense team would be permitted to access the phone to retrieve its data. He further instructed the LA Sheriff’s Department to ensure the phone’s secure transfer to the technician.
Prosecutors have expressed frustration over their inability to gather evidence due to Bohm’s refusal to provide the passcode.
The defense had requested the cellphone’s return to facilitate an independent data extraction using Bohm’s passcode.
Defense attorney Jacqueline Sparagna stated that the prosecution’s request to keep the phone “is not rooted in evidence preservation, but in the obstruction of the defense’s access to critical evidence.”
Witness Victor Calandra previously stated that he noticed Bohm driving haphazardly in a BMW on the day in question.
While at a red light, he noticed Bohm in a vehicle, with “his cellphone between his legs,” according to Pepperdine University Graphic.
It appeared, according to Calandra, that Bohm had been possibly texting at the time, while using his thumbs.
When the light turned green, Calandra noted that Bohm sped off with “extreme acceleration,” despite Calandra warning him to drive more carefully.
Seconds later, Calandra saw the crash scene.
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As CrimeOnline previously reported, Bohm allegedly swerved and crashed into three parked vehicles along Pacific Coast Highway, on October 17, 2023, while driving his vehicle over 100 mph in a 45 mph zone.
The crash caused parked vehicles to strike the four victims, who were walking along the shoulder of the highway after exiting their own vehicle.
“Speed cannot be treated as malice, according to California law. And the prosecution must have proof of implied malice for a murder charge and the prosecution does not have that,” Bohm’s attorney, Alan Jackson, previously argued.
The prosecution argued that “the defendant clearly drove in a reckless and dangerous manner.”
“Here, the defendant drove 59 miles per hour over the speed limit on what is essentially a residential street,” Deputy District Attorney Nathan Bartos wrote.
“There is no excuse which can justify the danger he posed at those speeds, certainly not trying to flee possible road rage, a contention for which there was no evidence, nor did the defendant ever mention it to deputies.”
Bohm remains free on a $4 million bond. The next court hearing is scheduled for April 9, when Rubinson is expected to have a trial date.
Check back for updates.
[Feature Photo via Pepperdine University]
