Friday, January 1, 2010

MICHAEL THOMAS GARGIULO TRIAL - QUICK LINKS

This page was last updated 07/29/16 at 12:45 pm PST. Sprocket

Synopsis of the Preliminary Hearing Testimony for Each Witness

State of California v. Michael Thomas Gargiulo
Arrest Date: 6/6/2008
Booking # 1434799
DOB: 2/15/76
Hair Brown/Eyes Brown
Height: 6'2"
Weight [at time of arrest] 175

DA CASE NO. SA068002
PLAYERS

Defendant: Michael Thomas Gargiulo (pro per 5/14/12 to 11/7/14) 
Defense: Lead defense counsel Dale Rubin; Second chair Dan Nardoni
Prosecution: DDA Daniel Akemon & DDA Garrett Dameron
Judge: Honorable Sam Ohta, Dept. 108

Prior Defense Counsel 
Charles Lindner 2008 to 5/14/2012.
Defendant pro per 5/14/2012 to 11/7/2014
Lindner reassigned as counsel 11/7/14.
Lindner released by court 9/09/15.
Rubin conditionally assigned 9/9/15.

Alleged California Victims:
02/21/2001 Ashley Ellerin, 22
12/01/2005 Maria Bruno, 32
04/28/2008 Michelle Murphy (age at time of attack: 28)
Alleged Illinois Victim:
1993 Tricia Pacaccio, 18 (Calif. not prosecuting)

Case History
Michael Gargiulo was arrested on June 6th, 2008 for the attempted murder of Michelle Murphy in her Santa Monica home on April 28th, 2008. While in LA County custody, on September 4th, 2008 he was also charged in the brutal stabbing deaths of Ashley Ellerin, 22, on February 21st, 2001 in her rented Hollywood Hills home, and Maria Bruno, 32, in her El Monte apartment on December 1st, 2005.

Gargiulo's Preliminary Hearing
The preliminary hearing took place over 8 days starting on June 21, 2010 and ending on June 30, 2010. It was held in Dept. 108, Judge Michael Johnson presiding.

Charges

In total, there are seven counts against Gargiulo consisting of felony murder (PC 187a), attempted murder (PC 664/187a), first degree burglary (PC 459) and attempted escape (PC 664/4532(b)(1)). He has been in LA County custody ever since his arrest.

Illinois Murder
Tricia Pacaccio's murder occurred in the early morning hours on August 14th, 1993 in Glenview, Illinois, a suburb of Chicago and Gargiulo's home town. Sometime after 12:30 AM, 18-year-old Tricia Pacaccio was stabbed to death just steps from her front door.  Gargiulo, a family friend and neighbor was 17-years-old at the time lived about a block away from the victim.  On July 7th, 2011, the State of Illinois charged Gargiulo with Pacaccio's murder.

Testimony about Pacaccio's murder is expected to come into the California case as 1101(b) evidence. It could come in during the guilt or penalty phase of the trial.

T&T PreTrial Coverage
2012
08/21/2012 Michael Gargiulo Case: Pretrial Hearing 1
09/05/2012 Michael Gargiulo Case: Pretrial Hearing 2
09/26/2012 Michael Gargiulo Case: Pretrial Hearing 3
10/29/2012 Michael Gargiulo Case: Pretrial Hearing 4
11/28/2012 Michael Gargiulo Case: Pretrial Hearing 5
2013
02/25/2013 Michael Gargiulo Case: Pretrail Hearing 6
03/20/2013 Michael Gargiulo Case: Pretrial Hearing 7 & Dmitriy Sheyko Sanity Ruling
04/26/2013 Michael Gargiulo Case: Pretrial Hearing 8
06/14/2013 Michael Gargiulo Case: Pretrial Hearing 9 
06/28/2013 Michael Gargiulo Case: Pretrial Hearing 10
07/19/2013 Michael Gargiulo Case: Pretrial Hearing 11
09/27/2013 Michael Gargiulo Case: Pretrial Hearing 12
10/08/2013 Michael Gargiulo: People's Perkins Operation Motion & Transcript
11/22/2013 Michael Gargiulo Case: Pretrial Hearing 13
11/22/2013 Michael Gargiulo Case: Pretrial Hearing 13, Part II
2014
01/31/2014 Michael Gargiulo Case: Pretrial Hearing 14
02/21/2014 Michael Gargiulo Case: Pretrial Hearing 15, Ka Pasasouk & Joshua Woodward Update
03/03/2014 Michael Gargiulo Case: Prosecution's motion to Quash Defense Subpoenas
03/07/2014 Michael Gargiulo Case: Pretrial Hearing 16
03/14/2014 Michael Gargiulo Case: Pretrial Hearing 17 
05/09/2014 Michael Gargiulo Case: Pretrial Hearing 17A
05/16/2014 Michael Gargiulo Case: Pretrial Hearing 18 
06/27/2014 Michael Gargiulo Case: Pretrial Hearing 19 
06/27/2014 Michael Gargiulo Case: Pretrial Hearing 19, Part II 
07/11/2014 Michael Gargiulo Case: Pretrial Hearing 20
07/18/2014 Michael Gargiulo Case: Pretrial Hearing 21
09/25/2014 Samuel Little, Cameron Brown & Michael Gargiulo 22
10/10/2014 Michael Gargiulo Case: Pretrial Hearing 23
11/07/2014 Michael Gargiulo Case: Pretrial Hearing 24
2015
01/09/2015 Michael Gargiulo Case: Pretrial Hearing 25
03/20/2015 Michael Gargiulo Case: Pretrial Hearing 26 
05/07/2015 Michael Gargiulo Case: Pretrial Hearing 27
05/13-06/09 2015 Michael Gargiulo Marsden Hearing
06/12/2015 Michael Gargiulo Case: Pretrial Hearing 28
06/15/2015 Michael Gargiulo Case: Pretrial Hearing 29 
07/14/2014 Michael Gargiulo Case: Pretrial Hearing 30
07/23/2015 O'Callaghan, Sentencing; Gargiulo Pretrial 31 & Franklin Update
09/18/2015 Michael Gargiulo Case Update 
11/05/2015 Michael Gargiulo Case: Pretrial Hearing 32
12/15/2015 Michael Gargiulo Case Pretrial Hearing 33
2016
01/27/2016 Michael Gargiulo Case Pretrial Hearing 34
07/14/2016 Michael Gargiulo Case Pretrial Hearing 35

Prior Proceedings Court Clerk Case Notes
4/25/12
Defendant represented by Charles Lindner
05/14/12 
Defense Marsden motion argued and denied.
Court reporter's notes of Marsden motion ordered sealed.
Defense motion to proceed in pro per is granted.
Charles Lindner ordered relieved.
Discovery to be redacted prior to being turned over to the defendant.
Defense exparte motion for ancillary pro per funding 987.9 is logged with the court.
No objection by the defendant (for) subpoeaned documents received on 4/30/12 from Cook County Sheriffs Department are to be released to the people for copying.
05/23/12
Defendant has not received his pro per funds and has not been to (the) Law Library to prepare a motion for appointment of an investigator.
Matter continued for appointment of investigator and to have investigator in court.
Order directing defendant to supply oral buccal swab samples signed.
Defendant stipulates to chain of custody of records from Cook County Sheriff's Department.
06/5/2012
Defendant's motion pursuant to penal code 987. are filed and ordered sealed.
Said motions are transferred to assistant supervising judge in Dept. 123 for ruling.
06/19/2012
Defendant agrees to people giving notice to defense investigator to be present on the next court date.
Medical order is signed and faxed to Sheriffs Department Medical Services.
07/12/12
Charles Lindner is appointed as stand by counsel. Clerk to give notice. Next court date 08/21/2012

DOCUMENTS
Defense Motions
Continuance, Good Cause (PC1050)
Order to Receive and Have Boxes for Voluminous Discovery at MCJ (Capitol Case)
Order to Receive Law Library Privileges
(Exparte) Order for Defendant to Have One Hand Free and Uncuffed in Private Booth in Attorney Room at MCJ (Men's Central Jail. Sprocket.)
Order to Receive ALL Color Copies of Crime Scene Photos on CD and DVD
Defense Opposition to People's Motion in Limine Re: Statements Obtained During Perkin's Operation at El Monte Jail 
Defense 995 Motion (to dismiss) - Charles Lindner Filed
Defense Response to defendant's request for speedy trial - Charles Lindner filed

Prosecution Motions
1101(b) Motion to Admit Prior Uncharged 1993 Trica Pacaccio Murder 
People's "Perkins Operation" Motion
Perkins Operation Transcript Part 1 
Perkins Operation Transcript Part 2
Perkins Operation Transcript Part 3
Perkins Operation Transcript Part 4
Perkins Operation Transcript Part 5
Perkins Operation Transcript Part 6
People's Opposition to Defendant's Discovery Request for Physical Possession of...Crime Scene Photos
People's Motion in Limine to Admit Crime Scene Evidence & Expert Testimony of Retired FBI Agent Mary O'Toole

Mainstream Media Coverage
LA Weekly 11/24/10 Ashton Kutcher Expected to Testify
LA Weekly 11/25/10 The Chiller Killer
LA Weekly 07/11/11 Gargiulo to Face Murder Chgs in Illinois
Sun Times - 07/12/11 Murder Suspect Could Have Killed 10 Women
Huff Post - 07/13/11 Gargiulo Could Have Killed 10 Women

People Mag - 11/06/15 Police Seek Help Identifying Potental Victim

Michael Gargiulo Wikipedia
Chicago Sun Times
Chicago Mag.com
CBS 48 Hours The Boy Next Door (six part video of episode)
CBS 48 Hours Article re: The Boy Next Door episode
CBS 48 Hours Extra Michael Garguilo's Screen Test (video)