Monday, June 23, 2014

Dawn DaLuise Case: Pretrial Hearing 3 - Preliminary Hearing

Dawn DaLuise at a prior court hearing.

UPDATE 6/24: spelling, clarity, grammar, added court ruling on bail reduction request

8:12 AM
I’m on the 8th floor of the Airport Courthouse, waiting for Dept. E, Judge James R. Dabney’s courtroom to open. I was a bit alarmed by the lax security through the security scanners this morning.  It appeared that many employees walked through the scanner carrying items or with bags over their shoulders. They did not appear to be wand scanned afterwards. I can’t be positive, but it also appeared that with the walk through scanner went off for some members of the general public, they were not wand scanned either.

I was the first person on the eighth floor this morning. There is one other gentleman at this end of the hall now, and about three others at the other.

When I left the house at 7:15 AM, I thought I would not get here in time. Traffic was quite jammed up on the 405 South for the first few miles.  Once I got past Sunset Blvd., things opened up. I was already on the freeway when I realized I forgot to take my lunch   that Mr. Sprocket had gotten ready for me the night before.

I have no idea how long this preliminary hearing will go, or if it will even go off as planned today.  Mr. Sprocket has two doctor appointments on Wednesday that will probably take most of the day, and this Friday, are three hearings downtown on the same date in the Cameron Brown, Michael Gargiulo and Alberd Tersargyan (aka Albert Haroutunyan). I won’t be able to attend all three, but maybe I can attend two of them.

8:25 AM

I’m betting that the prelim won’t start until 9 or 10 AM. I wouldn’t be surprised if there are  a few other pretrial hearings that Judge Dabney has to clear before the prelim.

8:34 AM

I'm inside Dept E. Judge Dabney is not on the bench. I'm going to use my laptop to type until it looks like things are getting started.

Someone behind me is whispering my name.Oh. My. God. I can't believe it. It's ALAN JACKSON!!! We step outside to get caught up. Jackson tells me he does miss the DA's office, but he is very happy working on civil litigation cases.

9:04 AM
I forgot to mention that Jackson did ask how Mr. Sprocket was doing.

9:05 AM
No Philip Dube yet. The courtroom gallery is less than one-third full.  There are about twelve attorneys in the well. Jackson, his co-counsel and DDA Amy Carter (pretty, glasses, auburn hair in a ponytail today) are off to my right chatting in the aisle.

There is a video camera set up, most likely for the DaLuise preliminary hearing.  Because the the layout of the courtroom, I'm hoping the camera won't pick up up in the background. The podium is in the center, inbetween the defense and prosecution table, so it is difficult to see the witness.

9:15 AM
Philip Dube arrives. He goes to the interview room to speak to his client.  Jackson greets familiar faces in the courtroom.

9:20 AM
Judge Dabney takes the bench. The first case is called. The defendant is not present.  Second case is called.  It's interrupted while Jackson, his co counsel and DDA Carter approach the bench on their case.  The second case is finished then Jackson's case is called. It's set over for July 8.

Then the Dawn DaLuise case is called. A different attorney steps up. It's not public defender, Philip Dube.   The people filed a motion to continue the case. The prosecutor DDA Steggell is in trial. DaLuise's new attorney objects. DaLuise is not willing to waive time. The new attorney reminds the court that when he was here last week, and took over the case, the court wanted to be sure he was ready for prelim on this date.  The defense is ready. The Judge asks the people if the cases falls under 1054a, or (I believe) family law.  The people respond it does not.

The Judge states he's inclined to decline the people's request. The people state that Mr. Fullerton is ready to step in and try the case for the people. Steggell hands off the prelim to DDA Fullerton. DDA Steggell tells the court that it will take the investigating officer about a half our to get to court. The prelim will resume about 10:00 am. DDA Steggell then speaks to an older, Spanish looking couple seated to my left, and tells them that it will be delayed until about 10:15am.  I'm guessing this is the intended victim, Gabriel Suarez's  relatives.  DDA Steggell then speaks to DaLuise's new attorney, a tall and handsome, younger looking black man.

I follow DaLuises's new attorney out of the courtroom and introduce myself. I ask if he is the new attorney taking over for Mr Dube. He replies yes. I ask if I could get his name or his card. He doesn't have a card on him, but he tells me his name.  His name is Jamon Hicks, of Douglas Hicks Law Firm.

I've got to get back up to the 8th floor.

10:12 AM
I'm back inside the courtroom. Judge Dabney is not on the bench. DaLuise's new attorney, Mr. Hicks, was in the cafeteria working when I left.

T&T readers, this may be the last preliminary hearing that I will be able to attend for some time. I don't know what the future will bring. I don't know where life will take me, but I am going to have to find permanent work of some kind, if Mr. Sprocket and I are to survive and save our house.  If you have appreciated T&T's in-depth trial coverage in the past, consider making a donation.

10:15 AM
The court reporter is over at the bailiff's desk and where a jovial conversation is in progress.  Mr. Hicks arrives with a rolling cart.  There appear to be several people in the gallery for other cases, but I don't know why they haven't been called yet.

10:43 AM
We are waiting for DDA Fullerton to return. Judge Dabney left the bench. I overheard someone in the well state that the witness is still about 20 minutes away.  The man sitting next to me yawns, and it becomes contagious. I yawn in response. It didn't help that I was up until 11:00 pm getting an order from my Etsy store ready to ship out. Very grateful my neighbor is able to drop it off at the post office for me.

10:45 AM
Judge Dabney is still off the bench. DDA Fullerton returns and starts setting up his files. I overhear him tell Mr. Hicks that if he plays the video, it's over an hour.

5:50 PM
Short update here to let you know Judge Dabney's ruling. I will have a full update sometime tomorrow.

Judge Dabney stated that Ms. DeLuise believed Mr. Suarez was responsible for the stalking/ harassment providing for ample motive.  The defendant referenced "taking someone out." She sent the victim's name to Christopher Geile. She sent a photo of the victim's residence (a four-plex building) [and I believe, how to identify the unit]. "It does appear to me that the offence has been commited ... and should be held to anwser."

The defense then argued to have lower bail. The prosecution objected to lower bail stating there was no change in circumstances. The court just ruled that she should be held to answer. The court denied a reduction in bail.

The court sets the arraignment for July 7th in this courtroom. After arraignment, the case will be sent to Matrix Court. (My understanding Matrix court is similar to Dept. 100 in downtown Los Angeles. It's the Master Calendar court.)

I will also add that the defendant made a noteworthy admission during a taped interview LA County Sheriff's Detective Steven McCaulley (after the investigation turned from a harrassment/stalking case to a solicitation for murder) when he confronted her with her emails and texts she sent to various people.

Detective McCaulley, after confronting her with the emails and texts, he advises DaLuise to get some advice before making any other decisions. He reminds her that, ....from February 6th on, when you started talking about taking this guy out."  DaLuise responds, "I know."

My understanding of this exchange in the taped interview, (when I heard it in court and the full exchange) DaLuise admits here, that's what she was trying to do, solicit someone to "take Suarez out."

To be continued Tuesday, June 24.....


Anonymous said...

I'm a good friend of hers, trust me there's a lot more to the story than you could ever imagine. they are not even bringing up the ed feinstien Saga. I was there first hand the entire time and saw her daughters and her being terrorized she tried last fall to go to the LAPD North Hollywood division but they said she needed proof hotin the act. I've known for years she is a wonderful person with amazing friends had two beautiful daughters who love her. I hope the truth of all of this eventually balances itself out I will write more as time goes on

Sprocket said...

Anonymous @ 9:23 PM
I totally understand your position.

I have a long time friend who knows Dawn. My friend has nothing but positive things to say about her.

Understand that at a preliminary hearing, the standard of proof is much different than at trial.

The standard of proof is not proof beyond a reasonable doubt. The standard is only "probable cause."

At a preliminary hearing, the prosecution is not required to present all their evidence, and, in California, a law enforcement officer can testify under Prop 115 to evidence that was told to him directly. This will be different, at trial.

I will have my detailed notes up on the preliminary hearing as soon as possible. I have some other commitments where I am under a deadline.

Anonymous said...

thanks for your response. she is a good person and I hope this turns out for the best and mostly for her daughters, at any rate I wanted to tell you I have followed you off and on since the Stephanie Lazarus trial and I think you are an amazing, prolific writer. I'll be back to read more about this and add my comments every now and then. keep up the great writing.

Anonymous said...

At the end of the day, Dawn solicited murder on someone. I've seen on other blogs via her texts that Gabriel had been "stalking her" for 15 years, Gabriel was sitting on the other side of his wall listening to her, etc. Does this mean she would of had a hit put out on Feinstein? Obviously there is a lot more to the story than Dawn is telling. Friend or not, this woman needs and will be put away for a long time.

Anonymous said...

no that wouldn't be possible , Ed feinstien was the one who was doing this to her and her daughters for months. he's already been arrested for stalking her and needs and will be put away for a long time! she has never had a record before this however if you look up Mr angel ed feinstien, he has a lengthy record including credit card fraud identity theft, and other stalking charges, he's a real monster. there was a woman who was in fear of her life and her daughters lives. go ahead and make assumptions that she's the kind of person you think she is but you don't know her and you don't know the full story, enough said

Anonymous said...

That wouldn't be possible? Are you kidding. It's in black and white. Your friend solicited murder. I googled him, and I don't see anything about harassment or stalking charges. I see some credit card stuff. I'm not sure what the big deal is, who knows when that was from. That isn't relative to this case. At the end of the day, your friend was no angel and sits in jail. Has he been charged? No. Why? Hmm. Let's think about that.

You are not Dawn. You do not know what happened. (Nor am I). Your friend is not telling you everything. Open your eyes.

Sprocket said...

Please become familiar with T&T's comment policy. T&T is not obligated to publish your comment. All we ask is that you be respectful.

Anonymous said...

thank you so much Sprocket. there's no point in me going on and on with this individual, some people clearly just want to argue online. I will have a respectful dialogue with other is about this I'm here. it's already been hard enough watching what her daughters had to go through last fall paralyzed online and other horrible things by Ed Feinstein thank you for keeping your blog classy and drama free.

Sprocket said...

There are many people who have been affected by this event. Be respectful.

I'm addressing EVERYONE who is leaving comments here, not just one party.

Anonymous said...

Hi Ms Ross,

I am alarmed by the comments you are allowing on your page referring to me as a monster and the one that was terrorizing Dawn and her daughters. There is absolutely no proof, I have not been charges, and I have no charges filed against me. This is straight up a libel issue. If need be, I can get Pat Harris involved.