The Hillsborough man facing a fall murder trial for allegedly shooting his friend several times in his parents’ pool home exerted his right to a speedy prosecution, pushing the schedule up to next month.
However, Bradley Allen Kleiman’s defense attorney on Friday is expected to move the new July 18 trial date back to the original Nov. 7 schedule after conferring with his client.
Kleiman’s change of heart over trial timing came during a routine appearance to plead not guilty to murder and gun charges. After doing so, Kleiman told the court he felt the defense was ready to proceed and he no longer waived his right to timely trial. Later that day, his defense attorney put the matter back on the court calendar June 3 and it is anticipated the trial date will revert back, said District Attorney Steve Wagstaffe.
Kleiman’s trial already stalled once while court-appointed doctors evaluated his mental fitness. Two of three doctors agreed he was competent and criminal proceedings were reinstated last month.
According to prosecutors, Kleiman, 31, called 911 on June 15, 2010 to report shooting Christopher Calvache, 30, in a pool house detached from a five-bedroom main house on De Sabla Road where his parents live. Calvache and Kleiman were the only ones on the property at the time. Kleiman said he shot Calvache during a struggle after his friend pulled a gun on him. Prosecutors also say the friends had planned to go to dinner together before the altercation. When police arrived, they reportedly found Kleiman carrying marijuana plants in the backyard and a weapon and casings inside the pool house.
Calvache was shot twice in the head and once in the buttocks.
Defense attorney Chuck Smith has said he plans to focus on the merits of the case which he argues will show Kleiman has a strong case of self-defense, in part because the victim brought the gun with him.
Kleiman remains in custody without bail.