Wednesday, August 26, 2015

Mary O'Callighan Sentencing, Michael Gargiulo #31 & Grim Sleeper Update

UPDATE 8/27: spelling, clarity, accuracy
July 23, 2015
I’m on the 9th floor of the downtown Criminal Justice Center, sitting on a bench across from Dept. 108. There is a Gargiulo hearing and Mary O’Callaghan, the LAPD officer recently convicted of assault under color of authority will be sentenced today.

8:13 AM

There are quite a few people at this end of the hall. I observe first time greetings with many of the arriving people. It’s a good bet that the people are supporters of LAPD Officer Mary O’Callaghan.

Looking up, I see Gargiulo defense investigator Chris Nicely sitting on a bench down towards the center of the hall. He appears to be looking over his calendar. More supporters of Mary O'Callaghan have arrived. There are friendly greetings and hugs being exchanged.  I count at least fifteen people now.

Also today, DDA Beth Silverman is in jury selection in Dept. 106 on an old murder case. I’m hoping I get to say hello in the hall or later, if there's time to drop in on Dept. 106.

8:24 AM
DDA Shannon Presby arrives for the O’Callaghan sentencing. A reporter steps in front of him to speak to him.

Some of the people in the crowd of O’Callaghan supporters appear to be police officers.  More suited gentlemen arrive and speak to DDA Presby.  Mr. Ricco, O’Callaghan’s defense attorney arrives. H greets Presby and they chat. A female reporter identifies herself and approaches DDA Presby, telling him she emailed him.

DDA Dan Akemon arrives and checks the door. The hallway is so full that he goes down to the other end of the hall to speak to his investigator, Detective Small and another woman.

Mary O'Callaghan Sentencing
8:50 AM

Inside Department 108. Mary Hearns, Department Head for the Superior Court’s Public Information Office, (PIO) informs the media that the are allowed to use their laptops, as long as the keystrokes are not heard.

I believe I recognize DDA Jamie Garrison in the well. I’m pretty sure it’s DDA Garrison. During the people’s case in the Stephanie Lazarus trial, Garrison channeled the preliminary hearing testimony of LA County Coroner’s Investigator Lloyd Mahaney, who collected the bite mark swab off of Sherri Rasmussen’s body.

Chris Nicely leaves Dept. 108. There’s lots of bustle in the well and a bit in the gallery. The gallery is almost full. News media reporters set up their cameras in the jury box. Judge Ohta is here. He's wearing a white shirt and a light blue patterned tie. He will officiate the sentencing since he was the judge of record on the trial.

Jane Robison from the DA’s office is here and is able to find a seat in the gallery. I can usually type very softly. I hope I can type soft enough for Judge Ohta. DDA Presby speaks to Jane Robison for a moment. Judge Ohta asks for DDA Presby and Mr. Ricco to approach. It's for just a moment and then Judge Ohta leaves the bench.

PIO Mary Hearn is now in the jury box with the cameramen. Last minute stragglers arrive. Judge Ohta comes out to the bench for a moment. More last minute people arrive.

DDA Joshua Ritter, who last week was on the verge of closing arguments in his case, arrives with some staff.  Mary O’Callaghan is brought out. She is in a blue jump suit. She’s wearing the white long-johns type shirt underneath.

Rico puts his arm on the back of Mary’s chair. A few moments later her rubs her back for comfort. Mary appears to lean in closer to her attorney.

Detective Small leaves the courtroom. There are quite a few deputies in the courtroom. There are three in the well. Five deputy sheriff’s by the courtroom door. More sheriffs go to the back of the courtroom on the far left.

9:02 AM
Judge Ohta takes the bench.

Judge Ohta addresses the gallery. “I expect an anticipate that all of you will accord one another. [with] civility and dignity that these proceedings require. ... There shall be no emotional outburst or display of physical gestures or the like. ... If anyone acts out in that manner, you will be escorted from the courtroom.”

Judge Ohta calls the case. People v O’Callaghan and asks the parties to state their appearances. Robert Ricco for Ms. Callaghan. DDA Presby for the people.

The court continues: "The matter before the court [is] of sentencing. ... I understand that on the people's side there may be people who would like to address the court?"

First person Sandra Thomas, Alesia Thomas‘ mother.

"You honor. I‘m Sandra Thomas, Alesia’s mother. I want to thank God that.... I am so sorry all of this occurred. It was ... just happened out of nowhere. What I thought about a lot .. the only time when Alesia was placed in the back seat of the police car ... At ... once she was in the back seat, and she was saying I can’t breathe, Ms. O’Callaghan decided to take a cigarette smoke. After that, when she returned ..."

"I was wondering .... As a medical assistant, I’ve studied a lot of medicine. I love it with a passion. I’ve learned CPR. And I was wondering why would she leave when she can’t breathe. [Why did she] stay away so long and come back? Why didn’t she do some [CPR?]? Why not offer compression and a couple of breaths? Why was that chosen [cigarette] for her to do first?"

"To me, it appeared she was expecting that it [would] happen. She wanted that to happen. That’s what it looked like to me. Why didn’t she give her compressions and a couple of breaths if she was unconscious? Unfortunately, that is not what happened."

"I would love to forgive her, but I have to ask God to help me learn to forgive her ... how to learn to forgive. I have love for everyone in this world. When you work in the medical field..." 

Ms. Thomas’ voice starts to break, and I’m affected by hearing her voice falter.

"You have to have compassion for people. You have to want them to get better in their [health? heart?]. I help people of all ethnicity, it doesn’t matter. You don’t hurt a human being. When you are old, you are like a baby again. And it doesn’t matter what color you are. And if I was a police officer and she was a heavy girl .... And I would have to try to talk to her. [And ask her] What happened to you? Why did you get yourself in this position? I would allow her to give her [opinion?] ... ask questions and we could have moved forward with letting her to speak to someone ... to speak to a psychiatrist."

"And my grand-kids, they are without a mother now. And after, Ms. O’Callaghan ... speaks about how her son successfully completed [OS?] Academy. Now how does that make me feel? It was terrible. There was no feeling there at all."

"And that’s another reason I’m having trouble learning how to forgive her ...  Nobody can change what happened. That’s [what I have] to say today. ... Phillip Washington is my grandson. Oh, he’s here."

Judge Ohta addresses Mrs. Thomas. “I’m sorry for the loss of your daughter.”

DDA Presby introduces Mr. Washington.  He identifies himself as the father of Alesia’s older [son? daughter?]. I am having difficulty hearing him.

"Most difficult time in my life, having to explain to her younger daughter, [that her mother was gone]  about how difficult to speak in court ... then difficult time above ...

Mary O'Callaghan was not a professional ... She was a regular citizen who chose the noble process and then [betrayed?] her oath. ... And when this jury convicted Mary O'Callaghan, then they began to right that wrong. ... When her children will ask, what were her last moments like ... she was beaten, hog tied and treated like an animal. .... I don't know how to explain to them that she asked for help and no one listened [from?] them.  ... I don't know how to explain to them that her last words were, 'I can't breathe.'

Mr. Washington starts to break up. He says, "I'm sorry." He can't continue. Judge Ohta tells Mr. Washington, "We can wait for you, sir."

Mr. Washington continues.

When Alicia passed, her life taken, most importantly her children's lives, her children suffer the loss of their mother every day. I teach [them? her daughter?] that anger is not the way, that hate is not the way. and I've taught [them?] that the way is to forgive, but to also seek justice. .... I ask your honor to right this wrong. Let her children believe in the system to believe in justice.

Defense attorney Rico turns around in his seat to watch Mr. Washington speak.

Washington requests that O'Callaghan serve the three [year?] term.

Najee Ali (sp?) speaks on behalf of the family. 

He thanks Judge Ohta for permission to address the court. He thanks DDA Presby for bringing Ms. O'Callaghan to justice. ... It had a big impact on her family and her two children who will never see their mother again. ... They continue to mourn and miss their mother. ... There was nothing more important to her [Thomas) than her children and their safety. ... That's why she dropped them off [at] what she knew was a safe [haven?]. ... She should not have died in the back of a police [officer's?] car. ...  When she was telling [Ms.] O'Callaghan that she couldn't breathe, she responded with taunts and threats. ... She said to her, "Bitch, I'll break your arm." [She was] seen on video tape, assaulting her. ... Her last dying words as we saw her lose consciousness was, "I can't breathe." ... Black lives matter. ... Her life matters, to her children and our community. O'Callaghan has not shown any remorse for her crime. She has not apologized to the family. She could have done this through her lawyer. ... We ask that she receive the maximum sentence in state prison. ... Unfortunately, we see our citizens dying in police custody. ... The family is not seeking revenge. ... We've always sought justice for Alesia. ... Black lives matter; all lives matter.

That ends the victim impact statements.

The court asks, "Mr. Ricco, is there a statement or allocution that your client would like to make?"

Mary O'Callaghan stands up and turns to address Alesia Thomas' mother. "I never had the opportunity to say I'm sorry. ... I didn't have the opportunity until [now?]. ... Mother to mother, I'm extremely sorry for the loss of your daughter."

O'Callaghan starts to break down, and then continues. "There's not a day [that?] goes by that I don't think of her. I pray for her every day... I pray for her children ... that her children and you and other family members, and how much [she?] loved and  [to tell them? please?] forgive her. .... I'm sorry."

Alesia Thomas' mother appears moved by O'Callaghan's emotional remorse statement. Thomas' mother holds out her arms to O'Callaghan and asks the court if she can hug O'Callaghan.

The court denies the request. "No. It cannot be done," Judge Ohta answers. The court then moves onto the question of sentence. Both parties have submitted sentencing memorandums. "Mr. Presby, would you like to argue your point?" "Yes, your honor," DDA Presby replies.

DDA Presby first thanks the jury in this matter for their attention. He also thanks the court for providing both sides for a fair trial. In some cases, sentence is simply applying a predesignated [tier?], it's almost mechanical. ... But in cases like these, it's not a simple matter of addition. It requires [a review?] of the nuances of the case.

At every state in this process, the DA's office attempted to consider all the facts, to receive a just sentence. The prosecution opposes a reduction of the case to a misdemeanor. She is responsible for her actions. [The defense presented?] that Ms. Thomas was resisting and a combative defendant. "Those arguments were categorically rejected by the jury."

[An] effort to shift responsibility from Ms. O'Callaghan should be rejected by the court as it was rejected by the jury. ... Ms. O'Callaghan abused a position of trust. ... Police officers are supposed to [restrict? restrain?] individuals. This this great power comes great responsibility. ... the duty is not to be perfect, ... but to act reasonably under the circumstances of a particular case. ... When she goes by she is violating her duty. ... By failing to listen to Ms. Thomas, that she could not breathe, and could not comply to Ms. O'Callaghan's demands ... she compounded this by using gratuitous insults and kicking the victim. ... Her use of force was a violation of her position of trust. ... As a restrained prisoner, she was totally dependent of Ms. O'Callaghan. ... "Ms. Thomas needed help but all she got was violence." Instead of determining why she couldn't breathe, she decided to insult, shove and kick the victim. ... If the DA’s office thought that Ms O’Callagian casued Ms. Thomas death, we would have brought charges. ... After considering all the facts of the case along with Ms. O'Callaghan's history, the DA's office opposes reduction to a misdemeanor. ... Recommendation to spend 180 days in jail [and probation].

When defense attorney Rico stands up to speak, he first turns and addresses Alesia's mother. He then thanks to court for a fair trial. He then talks about O'Callaghan's service. [She has] honorably served this country and the city for so many years. ... She was in desert storm. Eighteen years on the LAPD. [She] lived a life of service, one that has been productive and one that is deserving of a probationary sentence. ... Ms. O'Callaghan went above and beyond serving her community of south east [Los Angeles]. ...

Some things that don't get in the media. [She? They?] were instrumental in founding "Operation Progress," which has led to 15 graduates from South LA, raising funds for inner city youth; a three million foundation. ... Ms. O'Callaghan was instrumental for this and this is what she did off duty and not on duty. This is the Mary that is deserving of a probation sentence. ... [She has] three children. ... [Her] 12 year old son, resides in Vermont. ... [As a stepmother] she mentored three step children. ... They don't call her Mary, they call her Mom.

In regards to the mitigating factors, that the court may consider [under code #], every one of the mitigating factors apply to officer O'Callaghan. ... No prior criminal history, not even an arrest in her  50 years. [She is] more than willing to comply with probation and restitution, participating [in an]  electronic monitoring program. She is able to comply with the terms of probation. She doesn’t have drug history or an alcohol problem; no mental issues.

[I would] also like to point out, she was placed on her own recognizance and made every one of her court proceedings; she flew cross country and made it on time. She has faced consequences. She lost her job, her medical insurance. She lost her job with Orange County as a dispatcher. Her source of livelihood and earning power will be severely affected by the verdict.

Ms. O'Callagain expressed her sorry and remorse. The court has been provided with 26 character letters from friends and family members who Mary had helped, to recent neighbors that Mary had recently met. Black neighbors. It was never about race. ... She has served. ... She is not a danger to the community or anyone. It is for those reason we are asking to reduce the felony to a misdemeanor sentence, [and] Ms. O'Callaghan to probation to time served.

Judge Ohta asks the people, "Mr. Presby, would you like to respond to any of that?"  DDA Presby replies, "No your honor. Submitted.

Judge Ohta addresses the courtroom.  "I got this case very late in the process. This was not a case that was assigned to me. ... One day I walked into my office and I heard I got this case assigned to me and both attorneys walked into my office the same day. ... 
I was told that it had to be a trial. There was no settlement. ... I wondered if there was real substation discussion to settle the case. There are consequences when one goes to trial. ... And in this case, she was convicted. We do not go backwards. We go forward. ... With that in mind, I will tell you what I think about this case. ... I received for the record that [there] were perspective views that were presented to the court. I read everything put in front of me. I read ever single one."

Jidge Ohta reads from letters, and then continues with his observations of the case.

Ms. Alesia Thomas, a mother, daughter, friend, suffered extreme loss of human dignity on the last moments of her life. ... If she [had] survived and lived, if they had properly observed [that] she needed medical attention is unknown. ... She was restrained, kicked and yelled at as she lay dying. She said she could not move and could not breathe. ... She was told her arms would be broken if she did not comply. ... I see the plight of Ms. Thomas' two children, who must one day confront the circumstances of how their mother passed from this life. I have absorbed and processed all of this. ... This case is truly tragic from the stand point of those affected on both sides.

There are no winners here. I see grieving and suffering people here ... looking for a deep meaning way to understand this horrible incident. ... Justice in our system is based on two fundamental principals. ... The determination [of] guilt is ... by the people in our community ... Lay people who have no stake in this contest that we call jurors. .... Law enforcement, under our given structure, as chosen representatives, [derive?] their authority from the people they serve.

Jurors here as [assigned?] representatives have spoken. ... They took in the evidence and convicted the defendant of assault under color of authority. They have indicated the defendant has stepped beyond the scope of the authority given. ... The decision of sentence is under the sentencing analysis. ... Defendant Mary O'Callaghan comes before the court for [this?] sentencing.

On June 5, 2015, defendant Mary O'Callaghan was convicted of [the facts] underlying that occurred on July 22, 2012. The victim, Alesia Thomas, when charged with child abandonment.

Judge Ohta continues with his observations of the video, and then moves onto sentencing.

[I will] now analyze objectives of criminal sentencing in California. I state the rule verbatim.

O'Callaghan appears to be emotional while sitting at the defense table. I think she could be crying, but I can't see her. Her back is to me.  Judge Ohta reads from the sentencing guidelines. I do not transcribe everything he reads.

... punishing the defendant, deferring others from criminal conduct by underpinning its consequences. .. The DA recommended probation. ... Is she suitable for probation .... No indication, until today, there was no indication for remorse. Had been told until today, that there had to be a trial. [She] ... failed to see Ms. Thomas as a woman in distress who needed medical help. ... The nature of this crime is more serious. .... Instead of accurately [identifying] her physical condition as someone who could not move and could not breathe, she misread the situation ... unwillingness .... and used excessive force against someone who could not comply.

Judge Ohta denies probation. He moves onto the judgement to be imposed.  The court shall consider the sentencing rules. ... There is some misconception in this room that somehow the defendant can be sent to prison. She cannot. ... [This is] not a crime that she can be submitted to prison. ... That's because of realignment .... changed sentences to county jail. ... [?] Not exceeding one year, of by both that fine and imprisonment. ... A felony punished by this subdivision shall be punished by a term of 16 months or 2 or 3 years.

Judge Ohta reads more of the sentencing guidelines, and the new sentencing procedures. "It's called applied sentence." ... The portion of a defendant's sentence that is suspended shall be known as mandatory supervision, shall commence upon release [from] custody.  ... Thus, I order not to apply applied sentence ... The trial court must make [explicit?] finding in the interests of justice.

I note that it's all a bit confusing to follow because of AB109, realignment.

Judge Ohta cites a prior case, People v. Sandaval (sp?) that he relies on for sentencing in this case.

"She will get a split sentence. ... She will be sentenced to three years, however, [she is] unlikely ever to pose a danger to the community. ... Her service in the military is to her credit. ... The many letters of support from the community. Suspend the execution of 20 months. The first 16 [months] to be served in custody.

Judge Ohta then talks about how this case affected him and how he pondered the decision of sentencing. "I’ve spent several days thinking about this and I’ve not really slept. This has been very troubling to me. ... I've taken this job seriously, taking into considering everything that's been in front of me."

Probation is denied. Count one, select the high term of three years. ... Twenty months, concluding portion of the term, ... the execution of that is suspended. The defendant is ordered to pay $300.00 restitution fine.

There are other court costs imposed on O'Callaghan.  She is ordered to give blood, saliva and fingerprints.

A couple of things to the defendant. Under realignment, there is no parole. When you finish this sentence, there will be no one for you to answer to. You have the absolute right to appeal. ...

The deadline for the filing of her appeal is outlined. She must file within 50 days of today's date.

Judge Ohta goes into more detail concerning an appeal and her rights to an attorney, rights to copies of any transcripts needed to effect her appeal. O'Callaghan replies "Yes, regarding understanding her rights to appeal.

Judge Ohta states, "That concludes all of the issues the court needs to resolve."

There's nothing else from DDA Presby and nothing from defense attorney Rico. The defendant is remanded. Judge Ohta states, "That concludes the sentencing hearing." And then he adds, "Oh. Credits. ... 49 actual, plus 49 for 90 days."

O'Callaghan is taken back into custody.  The gallery starts to leave the courtroom. As Judge Ohta leaves the bench, he's already out of his robes. He then asks for DDA Presby and Mr. Rico to stick around. And that's it.

LA Times story on O'Callaghan's sentencing
NBC News Report (with video)
Post by Jasmyne Cannick

Previous Gargiulo post can be found HERE.

Michael Thomas Gargiulo, Pretrial Hearing 31
10:08 AM
LAPD Detective Tom Small, DDA Daniel Akemon and DDA Garrett Dameron enter Dept. 108.  A few moments later, defense attorney Charles Lindner and his son, paralegal Abe Lindner arrive.

Lindner greets Judge Ohta, who is at his clerk's desk. "Glad to have you back." Judge Ohta replies, "I'm not back." Judge Ohta was here only for the O'Callaghan sentencing. He will not preside over Gargiulo's hearing.

10:13 AM
The jury from a current case in trial files in. Judge Sortino arrives. He's wearing a blue and white pin-stripe shirt.

O'Callaghan's defense attorney Rico, comes out from the custody area. DDA Presby and Rico chat with Judge Ohta at the clerk's counter.

Judge Sortino is now in his robe and takes the bench.

Another case, a female defendant is heard first. She is out of custody. There is a motion for release on file that's pending appeal. Her sentence is to be served in county, but it appears she is in some kind of out of custody program. She is asking for bail. If she is able to have bail, then the program she is in will allow her child to be with her. A Marsden motion was denied and the defendant wants to go Faretta. This case is put on hold for the moment.

The court goes off the record.

10:32 AM
Defense attorney Lindner and Judge Sortino chat off the record and get up to date on where things stand.  Apparently, defense attorney Dale Rubin (who will be handling the penalty phase of the trial), went to where Gargiulo is currently being housed at the court. My guess is one of the custody floors.

I believe Judge Sortino goes over the defense 1050 motion again. At the counsel table, Lindner and DDA Akemon chat. Now, DDA's Akemon and Dameron go over a document at the clerk's desk with paralegal Abe.

Judge Sortino is now having a conversation with his court reporter. There are two different conversations going on at once in the well and I can't track either one.

10:46 AM

Buzz!  Buzz!  The current case in trial has a question.

Now, another case is before the court, trying to schedule a sentencing date for two defendants.
DDA Phillip Marshall (sp?) is addressing Judge Sortino.. There are extensive victim's family members. 20 plus people from out of state want to be here for the sentencing. The DA continues updating the court. Verdicts were reached in January 2014. The defendants had months and months [to prepare their motions for new trial] but now they need another date set. The victim's families spent all this money [on air fare and they can't get a refund]. Judge Sortino asks the people if they could look into seeing if the victim's fund could be utilized to address this situation.

Buzz!  Buzz!  Judge Sortino asks his clerk, "Do they have question or do they want to go on break?" The clerk replies, "I'll go check right now."

10:58 AM
Buzz! Buzz! Buzz!  The case in trial jury has reached a verdict.

DDA's Akemon and Dameron are motioned into the hallway by Abe Lindner.

11:10 AM
People come and go inside the courtroom, getting ready for the verdict in the current case to be read.

DDA's Akemon and Dameron are now back inside Dept. 108.  Lots of other attorneys arrive and are milling about the well.  Defense attorney Dale Rubin is here.

Judge Sortino continues with DDA Marshall and the two defendants who still need to be sentenced.  DDA Marshall continues. Two defendants, convicted over a year ago. One defendant has been pro per over a year. The second defendant has been pro per since November [2014].  I'm not sure if the court or DDA Marshall states, a 60 day drop date on the two pro per defendants.  The defendant's are taken back into custody.

Judge Sortino decides to go back to the female defendant who, under Faretta, is representing herself. Her motion for bail is denied.

11:33 AM
Judge Sortino calls for the jury to be brought out so their verdict can be read in the case in trial.  Judge Sortino gets the verdict forms and goes on the record in that case. There are two defendants.  After the verdicts are read and the courtroom starts to empty a bit, we shift to Gargiulo.

The court and counsel talk off the record about the Gargiulo case. Defense attorney Rubin tells the court that he spoke to Gargiulo this morning. "I told him I would see him in a few [minutes]. ... That was two hours ago. ... [It] appears he's going to waive time."

It looks like defense attorney Dale Rubin's conversation with the defendant did the trick.

It's my understanding that back in early 2012, before Gargiulo went pro per, he tried to get the court to appoint another attorney for the guilt phase. I believe Gargiulo wanted Rubin (who was assigned to the penalty phase) but the courts would not agree to assign new counsel. Because of that, Gargiulo went pro per.

Counsel and the court set a tentative trial date of January 8, 2016. [If Gargiulo does agree to waive time when the case is called today] ... they will possibly set the case at zero of 120 today, and make the January 8 date, zero of ten and a return date of September 9.  Currently, the case is 30 of 60. The last date to go to trial under the current clock is August 14. All of this discussion is off the record.

It is now getting very close to the lunch hour. Judge Sortino addresses counsel. "When I came on the bench, I was told not to go overtime at lunch and to stop at 4:15 pm, because the bailiff's go on over-time at 4:30 PM.   Judge Sortino continues to talk with Lindner about his first time on the bench.

My stomach is major growling. I'm wondering if the court will call the lunch hour and the hearing won't happen until court resumes at 1:30 pm.

Judge Sortino asks Mr. Lindner, "January 8, is that a realistic date?" Lindner replies, "Yes."

The people ask, "Well, let's hear from Mr. Gargiulo."

Judge Sortino asks Rubin, "you're formally back on the case?  Mr. Rubin replies, Well, formally, I'm part time.

We are going to continue into the lunch hour. I'm relieved.

12:06 PM
Gargiulo is inside Dept. 108 He's wearing his black horn-rimmed glasses. Defense attorney Rubin speaks to him. Judge Sortino asks the parties to state their appearances. DDA's Dameron and Akemon, Charles Lindner and Dale Rubin.

Rubin informs the court that he spoke to Mr. Gargiulo. "He is agreeable to put the case over to January 8 and set trial. ... He indicates to me that he will waive time. .... He would also like to put something on the record, but counsel [Lindner and Rubin] haven't see it yet."

Judge Sortino replies, "First things first." He addresses Gargiulo. "You have the right to go to trial August 14. Do you give up that right?"  Gargiulo replies, "Yes."

Mr. Rubin continues. He has something he wants to put on the record your honor."  Judge Sortino cautions Gargiulo. "What I can tell you ... is it's not a good idea to put on the record unless your attorney has seen it first."  Judge Sortino continues with his caution. He tells Gargiulo that there is a record. the court report takes everything down and the DA's have access to it.

The court sets a return date of September 9.

Judge Sortino continues to advise Gargiulo. "Discuss with Mr. Lindner what you want to tell the court. In that time frame, I recommend you speak to Mr. Lindner and Mr. Rubin and at that time. ...
When you come back on the 9th ... we'll address it."  Judge Sortino asks the people if they have anything to discuss.

DDA Akemon agrees with the court. There is the pending DNA issue in Chicago and the pending 1101(b) motion. The people want to resolve those issues sooner rather than later. They want to raise that now, so it doesn't cause a delay.

The court sets a trial date of January 8, 2016, with the case at zero of ten on that date.  They will return on September 9 for pretrial status.

DDA Akemon informs the court that they turned over to the defense new discovery today. Pages 29,669 to 30,412.  Gargiulo is taken back into the custody area. And that's it for Gargiulo.

The next post on the Gargilo case can be found HERE.

Lonnie David Franklin, Jr., aka The Grim Sleeper: Update
Pretrial Hearings August 11 & August 17
The prior post on this Franklin case can be found HERE.

The Franklin case is in Dept. 109, Judge Kathleen Kennedy's courtroom.  Franklin is charged with 10 counts of murder and one count of attempted murder. Prosecutors are seeking the death penalty.

Back in May of this year, I learned that the Franklin case, after many delays, had a trial date set for September 9, 2015. It is estimated the trial will take eight weeks. At that time I thought I could fit the Franklin case into my schedule.  I attended a pretrial hearing for the case in June 2015, and then became swamped with personal responsibilities.

I had hoped to attend the pretrial hearing on August 11, but I had caught Mr. Sprocket's flu bug two weeks before and was still not well enough to sit in court. I was pretty much confined to the sofa during that time. It is a shame that I missed that hearing because there were no media reports about what had happened. Court sources indicated that, with less than a month before the scheduled start of the trial, defense attorney Seymour Amster turned over to the prosecution 142 defense witness names. I can just imagine how explosive it must have been in court that day. The court took the case off calendar and the next pretrial hearing was set for August 17.

Unfortunately, I was still coughing and did not make the hearing on the 17. However, the mainstream media did report on the hearing.

The first news I saw on the August 17 hearing was a tweet by Los Angeles Times reporter Brittny Mejia:

I wasn't surprised by the news that the prosecution and defense were not getting along. Back in July 2012, I attended a pretrial hearing in the Franklin case where there was some back and forth bickering between defense attorney Seymour Amster and DDA Beth Silverman. DDA Silverman is co-prosecuting Franklin with DDA Marguerite Rizzo. I've been told DDA Rizzo is the department's "go to" person on anything DNA related. Both of these talented women are top performer's in the DA's office.

After the arguments between counsel became heated, Judge Kennedy finally stepped in and said,
"You're acting like children! ... I'm ordering you to go upstairs and work this out. ... I don't want this to be a personality driven case. ... Leave your ego at the door!'
In most of the cases I've covered in Los Angeles County, the prosecutor and defense teams are cordial and get along quite well inside and out of court. During the Ka Pasasouk and Barnes and Bolden preliminary hearings, I observed DDA Daniel Akemon get along quite well with all the defense attorneys.

In the James Fayed trial, former DDA's Alan Jackson and Eric Harmon were prosecuting and attorney Mark Werksman defended Fayed in the guilt phase and his cocounsel Steve Meister represented Fayed in the penalty phase. Everyone was cordial and quite friendly with each other.  A couple years later, Jackson joined forces with Werksman as a named partner.

The mainstream media is spread pretty thin when it comes to covering the Los Angeles County Superior Court, the largest county court system in the nation. Reporters rarely gets to observe these occasional blow-ups between counsel and even rarer still when the court comments on the behavior or has to rein in the tension.

That was the case back in March 2009 during the second Phil Spector trial. Former DDA Alan Jackson and defense attorney Doron Weinberg were having a battle of accusations after prosecution rebuttal witness and In Sessions TV anchor Lisa Bloom testified. Defense attorney Weinberg was accusing the prosecution of a discovery violation. After the bitter back and forth, Judge Larry Fidler made the following comment:
"It's clear that you can't stand each other. [...] I don't see any discovery violation. [...] Irregardless Mr. Weinberg, I saw your cross. You were not prejudiced in any way."
I also have a memory during that trial of Judge Fidler telling counsel that he appreciated the parties did not let the jury see their animosity towards each other during the trial.

At the Franklin August 17 hearing, Judge Kennedy put the Franklin case back on calendar. The next pretrial hearing is August 31 and the new trial start date [for voir dire] is October 14.

People Magazine investigative reporter, Christine Pelisek, who first first broke the story of the Grim Sleeper at LA Weekly back in August 2008, has a synopsis of the two hearings I missed combined into one story.

August 17: LA Times Franklin Story

I have some personal responsibilities that will take me through the next month. I hope I'm completely over my lung issue by then. However, the delay in the Franklin case means there won't be a conflict with the Gargiulo hearing on September 9 or Cameron Brown's sentencing on September 18.

The next hearing in the Franklin case can be found HERE.


David In TN said...

Several days ago there were several news items about the Grim Sleeper case. I saw one mention the defense was going to use the HBO film of a few months ago. They are supposedly going to call several people interviewed in the film as witnesses for the defense.