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More charges surface in financial homicide case

JESSICA E. DAVIS • City News Service • November 7, 2009

INDIO — A San Francisco attorney and his former client are among five men being prosecuted for their alleged roles in the killing of a gay Palm Springs retiree as part of a plot to steal his financial assets.


And in the latest developments involving this case, a lawyer for another homosexual man now claims that pair hatched a separate plot to get his client's fortune.

David Replogle, 60, and Danny Garcia, 27, along with Kaushal Niroula, 28, Miguel Bustamante, 26, and Craig McCarthy, 29, are accused in a scheme to kill Clifford Lambert at his Palm Springs home to steal his identity and raid his financial assets.

Deputy District Attorney Lisa DiMaria has alleged that the men preyed on the 74-year-old Lambert, whose partner died in 2007.

Garcia, who met Lambert on the Internet, provided the connection to his co-conspirators, the prosecution alleges.

The men are scheduled to appear in court Nov. 13 to determine when the case will go to trial.

Replogle and Garcia had worked together in the past in a case in which a multimillion-dollar settlement was reached with a wealthy, older homosexual man, court documents show.

In 2003, Replogle filed two civil suits — seeking $100 million in damages — alleging that Thomas White, a 73- year-old former San Francisco stockbroker, had illegal sex with Garcia when he was 16, and molested about 20 underage boys in Mexico.

White, who is jailed in Puerto Vallarta, Mexico, faces U.S. and Mexican charges alleging he traveled to Mexico to have sex with boys.

A federal grand jury in San Francisco indicted White in March 2004 on two counts of sex tourism and one count of bringing pornography into the United States.

A federal warrant has been issued for White's extradition to California.

Replogle was involved in the negotiation of a $7 million settlement with White, which his attorneys have been trying to nullify based on allegations of a frame-up.

Stuart Hanlon, White's attorney, said White has claimed from the beginning that Replogle and Garcia set him up and then blackmailed him for a settlement.

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Hanlon said White settled because of advice from his then-lawyers that it would be difficult to disprove the claims.


“Everybody looks at Tom's case and they say he's a pedophile, he's rich, he's awful,” Hanlon said.

Hanlon alleged he has evidence of a set-up from a sworn declaration Garcia gave to Mexican lawyers in 2006 after he had an apparent falling-out with Replogle.

According to the declaration, Garcia said he traveled with Replogle to Puerto Vallarta to find and pay young homeless boys to sign a document saying they had been molested by White.

Garcia alleged that Replogle “would give to each of the above-mentioned boys an amount ranging from 100 to 200 dollars every week or every two weeks, depending on how often David Replogle came to this city,” according to the declaration.

Now that Garcia and Replogle are being prosecuted in Riverside County for Lambert's death, Hanlon said he hopes federal authorities will review the case against White.

“We are hoping that the government in Mexico and the United States will re-evaluate what they believe and decide there is no evidence and let him live out his life,” Hanlon said. “This case is so old and the testimony is so tainted.”

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