Who goes first?

The three men will not be tried together because they have made statements that might incriminate the others. The only way those words can be introduced to a jury is if they have no co-defendants. No one volunteered to go first, according to prosecutors, but Judge Mark Forcum is scheduled to make final scheduling decisions today. The leanings appear to favor Telea as the first before a jury with the other two to follow but nothing is yet set in stone.

As with Scanlan, District Attorney Jim Fox mulled the idea of seeking death for Telea but ultimately rejected the option. Telea is thought to have pulled the trigger which put a bullet in the shoulder of Martel's co-worker.

Regardless of whoever is called to stand first, the trial is expected to be delayed for at least a month by pre-trial motions and scheduling conflicts. In sharp contrast to Scanlan, who often made news with his constant pushes for a speedy resolution, the others appear to be in no hurry to face a jury. The trio were originally set to begin trial last November, after Scanlan was sent to prison, but the date was repeatedly delayed.

One postponement came while attorneys argued whether an alleged confession by Telea during a phone call to a girlfriend as admissible. A judge finally ruled it was, helping the prosecution recuperate from a ruling last January tossing his confession to Burlingame police.

Without the confessions, there is little evidence tying Telea or the others to the fatal bank heist or the three-month spree of crimes. Scanlan admitted killing Martel during the robbery and took the blame for a later shoot-out with Mountain View police. The others, if convicted, also face up to life in prison without the possibility of parole.

A fourth accomplice, Semisi Umufuke, was served a subpoena shortly after he was sentenced to seven years in prison for participating in the Nov. 1, 2002 pair of robberies and high-speed police chase. Umufuke has no right against testifying against accomplices because he pleaded no contest. Prosecutors want his testimony to place the others at that night's string of crimes but admit there is little legal persuasion for him to cooperate.

Compared to accused ringleader Scanlan, the trials of the others are not expected to be as filled with emotion or unexpected moments. Scanlan pleaded guilty and begged for death. His penalty-phase trial was marked by the emotional testimony of victims, particularly Martel's widower, and one bizarre outburst when Scanlan tried to approach his girlfriend. He spent the rest of his time shackled to a special chair while testifying.

In contrast, the three others have maintained their innocence and made no public statements outside the few words offered by their attorneys. David Martel will not testify unless there is a guilty conviction and a subsequent sentencing hearing.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.