San Diego Public Defender

Trial Begins For Man Accused Of Killing Wife 16 Years Ago

SAN DIEGO -- A prosecutor said on Tuesday that a San Diego man strangled or smothered his wife in their apartment nearly 16 years ago and dumped her body in the Cleveland National Forest, but a defense attorney said the 21-year-old victim walked out on the defendant and that he didn't kill her.

Russell Wayne Upton, now 37, is charged with first-degree murder in the August 1995 death of his wife of two years, Marilane Abueg.

Upton said he argued with Abueg the afternoon of Aug. 17, 1995, and she never returned. Her severely decomposed body was found a week later in a remote area off Kitchen Creek Road, about 56 miles from her Mission Valley apartment.

In his opening statement, prosecutor Mark Pettine said Upton was controlling and manipulative and that he had physically assaulted Abueg more than once.

The couple had separated for a time and Abueg had dated someone else before she and Upton reconciled, Pettine said.

Abueg got pregnant and had a son in May 1995, but asked the defendant, "What if Christopher is not yours?" the prosecutor told the jury.

Pettine said Upton, then 20, responded, "I don't care, he's my son," adding that the child didn't look anything like Upton.

On Aug. 17, 1995, Abueg had made the final decision to leave the defendant – threatening to go to his employers and tell them Upton had been stealing – but Upton disabled the couple's car and wouldn't let her take her son, Pettine said.

Abueg's parents reported her missing on Aug. 20, 1995.

When police went to talk to Upton, he said his wife got angry and left the apartment, never to return.

Upton told investigators they argued because Abueg wouldn't change her last name to his, according to Pettine.

On Aug. 24, 1995, the day Abueg's body was discovered, Upton got a refund on his wife's wedding ring, telling a clerk that he and his spouse were "splitting up," the prosecutor told the jury.

A deputy medical examiner at the time ruled Abueg's manner of death a homicide, but couldn't rule out strangulation or suffocation as a cause of death, Pettine said.

During an Aug. 25, 1995, interview with detectives, Upton never asked what happened to his wife, the prosecutor said.

Upton was familiar with the area in the Cleveland National Forest where his wife's body was found, Pettine said.

What is the difference between a San Diego County Public Defender ...

Once a case has been filed against you in San Diego, you would need to be represented by either a San Diego County Public Defender or a private San Diego criminal lawyer. For those who are already in custody, there is usually a San Diego County Public Defender present at court to assist you during your first court appearance unless you have already availed of the services of a private San Diego criminal lawyer. If you have availed of a private San Diego criminal lawyer but could not afford to continue availing of his services, you could inform the court to appoint a San Diego County Public Defender for you.

If you are not yet in custody but you have been informed about your case, you will be asked to fill out a financial declaration under penalty of perjury to establish that you are qualified to avail of the services of a San Diego County Public Defender for free or if you are financially capable of hiring a private San Diego criminal lawyer.

There have been arguments as to whether or not hiring a San Diego County Public Defender involves more risk than hiring a private San Diego Criminal Lawyer. It actually varies on a case to case basis. Although the services of a San Diego County Public Defender are for free, those who avail of their services will be assured that these defenders will defend their case to the best of their ability. These San Diego County Public Defenders are very familiar with the courts in which they practice. More importantly, these Public Defenders know when it is best to settle or proceed with the case.

The downside would be that these San Diego County Public Defenders would have more caseload since they handle a lot of indigent cases. This is where the advantage of having a private San Diego criminal lawyer would come in. There is no concrete proof however, that one is better than the other. It actually depends on the case involved and the level of expertise that either the San Diego County Public Defender or the Private San Diego Criminal lawyer might have.

Once a private San Diego criminal lawyer has been retained by a client, he may no longer speak to a San Diego County Public Defender without the permission of his private criminal lawyer. It is important to note though that San Diego County Public Defenders are only provided for by the County of San Diego in criminal cases. If a case involves immigration, civil cases or any other case other than criminal, other agencies may be able to help those who cannot afford the services of a private lawyer.

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