Wednesday, May 26, 1999 | 3:44 a.m.
The 2nd District Court of Appeal did not immediately rule on the appeal by one of the men, Barry Keenan, who is seeking to overturn a court order obtained by Frank Sinatra Jr. that temporarily bars Columbia Pictures from making the payments.
The arguments raised none of the history of the infamous kidnapping at a Lake Tahoe, Nev., casino, but focused on whether the California law barring criminals from profiting from their actions violates the First Amendment and is retroactive punishment.
The law got its name from the "Son of Sam" murder case in New York. Reports that serial killer David Berkowitz was being offered big money for his story led the New York Legislature to limit book and movie profits for criminals. The U.S. Supreme Court struck down the original 1977 law in 1991 and a revised version was enacted in 1992.
California's 1986 law says that any payments must go into trusts for victims.
Keenan's attorney, Stephen F. Rohde, was quickly put on notice by the three-judge appellate panel that he had a big hurdle to overcome.
"I think the problem you have here is that the California version is safe from the grounds that the New York version was attacked," Justice Miriam A. Vogel said.
Rohde, noting that what will be in the movie is not known because it hasn't been made yet, attacked the law as overly broad and vague.
"Vague statutes which leave people at a guess ... in First Amendment cases is condemned by a long line of Supreme Court cases," Rohde said.
Imposing the law on Keenan, who was convicted more than 20 years before it was enacted, violates prohibitions on retroactive punishment in both the state and U.S. constitutions, Rohde argued.
Sinatra's attorney, Richard B. Specter, offered only a brief rebuttal.
"This law clearly is constitutional," he said.
Rohde said outside court he was optimistic despite contentious questioning by Vogel. The attorney said he has heard that when a court "engages counsel" it is a more useful process than when the justices remain quiet.
Rohde said he expects a ruling within 90 days.
Keenan, now a successful developer who lives in Mississippi, handed reporters a long statement asserting that he never sought to profit from the movie and was only interested in setting the record straight after more than 35 years of erroneous stories.
"I'm just exhausted by the whole process," he remarked. "If I had to do it again I would never have gotten involved in this."
Sinatra was not present. He was 19 when he was abducted from Harrah's Casino on Dec. 8, 1963. He was safely released after a ransom payment, and Keenan and accomplices Joseph Amsler and John Irwin were captured and convicted.
Keenan, who blames his actions on drugs and alcohol, served less than five years in prison. He has since become a developer of office buildings, resorts and other projects.
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