Michael Gargiulo Case: Pretrail Hearing 32

Michael Thomas Gargiulo, date unknown

Note to T&T readers: I'm still working on whittling down my 12 pages of typed notes on the 11/3 Park et. all hearing.  On Monday 11/2, I had jury duty in the Van Nuys Courthouse. I was sent to Dept. I for a civil case. I filled out a questionnaire and then was excused until Wednesday. I immediately left Van Nuys and came downtown, to attend the afternoon session in the Lonnie Franklin, Jr., case. Tuesday was the Park hearing and a continuation of Franklin. On Wednesday, the civil case was settled and my jury service finished.  The Franklin hearing has continued all week. So please be patient with me as far as notes on Park and Franklin. Sprocket

Previous post on this case can be found HERE.

November 5, 2015
I’m on the 9th floor of the downtown Criminal Justice Center. 

I see DDA Dan Akemon chatting with Gargiulo’s defense attorney Dale Rubin. DDA Akemon is in trial across the hall in Dept. 106 on the Ka Pasasouk case.

After Rubin heads into Dept. 108, I say hello to DDA Akemon. While we are chatting, Judge Ohta comes out of a little utility room at the end of the hall. A few minutes later, Mr. Rubin comes out of Dept. 108 and tells DDA Akemon that Judge Ohta indicated they could do the Gargiulo case right now. We quickly head into Dept. 108.


8:43 AM
Inside Dept. 108, Judge Ohta’s clerk addresses Mr. Rubin and asks how he’s doing. Mr. Rubin is a pleasant looking mustached man with white hair. DDA Akemon hands over a package of papers to Mr. Rubin. I note that there is a new deputy bailiff in Dept. 108. Judge Ohta’s regular court reporter is at her desk. She’s very attractive and has long dark hair. The clerk and Dale Rubin have a brief conversation about the calendar in this case. Judge Ohta was in the courtroom out of his robes for a moment. He informed his bailiff that Gargiulo is a “special handle.” While we wait for the bailiff to get Gargiulo to this floor, DDA Garrett Dameron arrives.

8:51 AM
Gargiulo is brought out. He looks pretty much the same as the last time I saw him. He is still completely bald and clean shaven. 

On the record in the Gargiulo case. The parties state their appearances. The issue where the case stands is discussed. Judge Gordon had issues with the prior counsel representation. The original counsel [Charles Lindner] was removed. Dale Rubin tells the court that technically, he’s still second chair.

Judge Gordon asked Rubin to submit a proposal. Under memorandum, because of problems with the funding [of the defense case], because it appears no services have been paid. There is also the issue of getting a second counsel assigned.

 Mr. Rubin is currently in trial in Compton. Rubin tells the court he will have his proposal to Judge Gordon by Tuesday or Wednesday of next week. After that there will probably be some meetings to hash things out. Judge Ohta asks if Rubin if he is going to remain second chair. Rubin states that’s up to Judge Gordon.

Rubin suggests that this matter be continued. The set trial date of January 8 be set aside. There’s nothing that has been done on litigation. Rubin tells the court, “I came on the case in August, just as I was about to go to Chicago, when things broke loose.

Judge Ohta asks for input from the people.

The people’s position is obviously frustration that the case is not moving forward. It’s been seven years since arrest and still pending trial. The people remain ready for trial. They are hopeful to get to trial. There is a pending prosecution in Chicago, waiting for this case to conclude. The people recommend they return in two to three weeks to get a status on counsel.



Judge Ohta ponders, “Is it realistic you will have a a plan in order by Tuesday next week? ... Judge Gordon will have to review it. ... A month is [more] realistic.”



Judge Ohta asks Rubin about his proposal. I believe it’s Judge Ohta who states, he is assuming his proposal is that Rubin step into first chair. “How long will it take you to get to trial?” Rubin replies, “One year, if I’m first chair.”  DDA Akemon adds, “We kind of anticipated that would be the time frame.”



Judge Ohta proposes that they return in a month and see where they are. The date of December 15th is selected for return. December 15 is also the date that jury selection is set to start in the Lonnie Franklin, Jr. case in Dept. 109

.

Judge Ohta asks about what the case will be set at on December 15. He brings up the general time waiver that Gargiulo used to have. Judge Ohta is informed that Gargiulo gave up his general time waiver. Rubin suggests they set the court calendar at zero of 90 on December 15. It’s accepted.



Judge Ohta vacates the January 8, 2016 trial date. Rubin states that by December 15, he will have a better understanding and have done a bit of investigating.



Judge Ohta then addresses Gargiulo. “As I recall, you were insisting on a January 8, 2016 trial date.”  Ohta asks what Gargiulo’s position is now. Gargiulo tells the court, “Of course he [Rubin] has to get prepared. ... Whatever counsel wants.”

Gargiulo waives his right to a speedy trial. DDA Akemon brings up one housekeeping station. The prosecution has turned over more discovery pages. 30,229 to 30,880 to defense of the murder book. The pages were signed for.

And that’s it until December 15.


The next post on this case can be found HERE.

Complete Gargiulo Case Coverage HERE.