Judge Compromises on Cell Phone Evidence in Fatal Malibu Crash Case
A Los Angeles judge has issued a compromise ruling in the high-profile case against Fraser Bohm, the 24-year-old accused of killing four Pepperdine University students in a horrific 2023 car crash on Malibu's Pacific Coast Highway. Judge Thomas Rubinson ordered prosecutors to turn over Bohm's cell phone to a defense-hired technical expert under strict supervision, while also granting the defense access to extensive traffic data from the crash site.
Cell Phone Access Granted Under Supervision
On Tuesday at LA Superior Court in Van Nuys, Judge Rubinson ruled that the Los Angeles Sheriff's Department must deliver Bohm's cell phone in a secure bag to a defense-hired laboratory. The technical expert will download data from the device while prosecutors observe the process to ensure "nothing nefarious" occurs. This decision came after months of legal wrangling over the phone, which was seized after Bohm refused to provide the passcode following the October 2023 accident.
Prosecutors had argued against returning the phone, claiming Bohm could "modify, alter or delete" data hidden within it. They have been unable to access much information from the device without the passcode. Defense attorneys, however, insisted they needed the phone to retrieve data they described as "critical" to Bohm's defense, including accelerometer data, motion information, and detailed geolocation records that could independently verify or refute claims about his speed before the collision.
Traffic Data Also Ordered Released
In addition to the cell phone ruling, Judge Rubinson ordered the District Attorney's office to turn over thousands of pages of accident reports, witness statements, and information on 128 non-fatal crashes that occurred on or near the crash scene in the ten years prior to the incident. The judge also approved access to details of all speeding tickets issued on that stretch of Pacific Coast Highway for two years before the fatal crash, though he rejected the defense's request for five years of such data as "very excessive."
Prosecutors had argued this extensive material was "irrelevant, over-broad and unduly burdensome," with Deputy District Attorney Nathan Bartos protesting that "128 accidents have nothing to do with this case." However, Judge Rubinson agreed with defense lawyers that the information could help disprove the prosecution's theory of "implied malice" - that Bohm knew speeding on that stretch of PCH could kill someone, which is necessary to prove murder charges.
The Fatal Crash and Legal Proceedings
The crash occurred on October 17, 2023, when Bohm, driving a red BMW he received for his 18th birthday, smashed into three stationary vehicles in the parking lane of Pacific Coast Highway next to where four Pepperdine students were walking. The victims - Niamh Rolston, 20, Asha Weir, 21, Peyton Stewart, 21, and Deslyn Williams, 21 - were all pronounced dead at the scene. The speed limit in that area is 45 mph, but prosecutors retrieved "black box" data showing Bohm accelerated from 93 mph to 104 mph just two and a half seconds before impact.
Bohm has pleaded not guilty to four counts of second-degree murder and four counts of vehicular manslaughter with gross negligence. His defense team argues the deaths resulted from a tragic accident during what they claim was a "road rage" incident, though prosecutors insist there is no evidence to support this scenario. Instead, they maintain the four victims were killed "because of the defendant's wanton disregard for the high probability of death caused by driving at over 100 mph."
Legal Arguments and Constitutional Rights
In a 76-page motion filed Tuesday, Bohm's attorneys argued that their client was within his Fourth and Fifth Amendment rights to refuse to give police his passcode. Defense attorney Jacqueline Sparagna rejected prosecutors' warnings about potential data alteration as "unfounded," stating that the DA's refusal to hand over the phone "is not rooted in evidence preservation, but in the obstruction of the defense's access to critical evidence."
Sparagna also pointed out that Bohm's crash was "the only fatal collision" on that stretch of road in five years, arguing that "statistically, the data shows the opposite given that drivers frequently speed in that area and no other fatal accidents have occurred." The defense contends that if the prosecution's view that Bohm's alleged speed is sufficient to establish murder, they should be able to show how often drivers travel at high speeds without causing fatal collisions.
Ongoing Legal Proceedings and Civil Lawsuits
Bohm, who wore a gray suit, white shirt, and blue tie during Tuesday's hearing, will remain free on $4 million bail until his next court appearance on April 9. At that hearing, the judge is expected to set a trial date, with Bohm's lead attorney Alan Jackson estimating proceedings would begin in late June.
Meanwhile, the grieving parents of all four victims have filed wrongful death civil lawsuits against Bohm. They are also suing the State of California, LA County, the City of Malibu, and the California Coastal Commission, alleging dangerous road design on Pacific Coast Highway and lack of safety standards. All four young women were seniors at Pepperdine's Seaver College of Liberal Arts and members of the Alpha Phi Sorority. They were due to graduate with the class of 2024 and were awarded their Pepperdine degrees posthumously.
