Alleged playground killer indicted

Reed, 26, was indicted Friday on one felony charge of murder and two charges of being a felon in possession of a gun. One charge stems from the handgun reportedly used to murder 24-year-old Charles Key and the other is from the weapon police found in his home after a lengthy standoff with SWAT officers.

The indictment vacates the preliminary hearing set for Feb. 27 and propels Reed directly into Superior Court.

"We chose to present to the grand jury rather than go to a preliminary hearing, first, to persuade reluctant witnesses to give their testimony and, second, to prevent the defendant from contacting witnesses and interfering,” said prosecutor Al Giannini.

The concerns about witness tampering are based on "intercepts of some of Mr. Reed’s telephone calls at the jail,” Giannini said.

Lee Davis, Reed’s court-appointed defense attorney, said he was surprised by the indictment because he had been busy preparing for the preliminary hearing at the end of the month. Although he said a grand jury indictment is well within the rights of prosecutors, Davis expressed some frustration the process does not allow him to be present or cross-examine witnesses.

Reed was served with an arrest warrant Tuesday and a Superior Court arraignment date is scheduled to be set today. Reed pleaded not guilty in the lower court but Davis said it is too early to decide what plea will be entered now.

"We will not be entering a plea until I can review the transcripts. There are any number of pleas to enter and before I know what is in the transcript I won’t be in a position to say,” he said.

The transcript remains sealed from the public for 10 days beginning when Reed’s attorney receives a copy.

Attorneys would not address the facts of the case but, according to police and prior reports on Oct. 5 Reed allegedly shot Key four times near the Martin Luther King, Jr. Recreation Center on North Eldorado Street between Monte Diablo and Santa Inez avenues. Reed surrendered to SWAT team members after a lengthy standoff while Key died of blood loss at Stanford Medical Center.

Police confiscated a .25-caliber handgun from Reed’s home that matched the casings from bullets that hit Key as well as a shotgun not linked to the murder. Authorities initially believed the shooting was motivated by a romantic dispute over a woman with whom they were both involved but would not confirm if that is still the case.

The additional charge of being a felon in possession of a gun was based on information elicited during the grand jury proceedings, Giannini said.

Prior to his arrest in Key’s death, Reed was involved in the San Francisco murder of Secretary of State Bruce McPherson’s son.

That crime, and Reed’s subsequent plea bargain, may play a role in his sentencing as a three-striker but is otherwise irrelevant to the current trial, Giannini said.

Reed remains in custody on no-bail status

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.<