Friday, January 29, 2016

Michael Gargiulo Case: Pretrial Hearing 34 & Joshua Woodward Sentencing

 Michael Gargiulo, in custody, date unknown

UPDATE - edited for readability The previous post on the Gargiulo case can be found HERE.

Wednesday, January 27, 2016
I'm on the 9th floor of the downtown Los Angeles criminal court building. I'm waiting for Dept. 108 to open.  There's hardly anyone here on the floor.

8:35 AM
Dale Rubin is here along with his investigator Chris Nicely. They are down the hallway a ways off my left.

8:45 AM
DDA's Garret Dameron and Daniel Akemon arrive. They check the door but its' not open yet.

8:54 AM
Still waiting for the courtroom to open.  A minute later, the bailiff comes out and unlocks the front door. Everyone heads inside.

Inside Dept. 108
Judge Ohta is on the bench, no robe. He has a white shirt on today. I note that the red vines container on the clerk's counter is virtually empty. There's a new bailiff at the sheriff's desk.

Chris Nicely and I chat about the good parking lots north of the 101 freeway on Spring Street that have closed. There used to be a $10.00 lot on Spring Street right across from El Pueblo de Los Angeles Historical Monument. You could pay with a credit card and it was about a 2 block walk to the courthouse. Now that lot is closed and the land will be developed. I'm hoping I can find a new lot within three blocks where I won't have to walk up hill.

9:03 AM
Gargiulo is brought out. He looks much the same as before, completely bald and muscular. If you only had his in custody photos to go by, you would not recognize him.

The court goes on the record and the parties state their appearances. The case is zero of 90 today.

Defense attorney Rubin addresses the court. "The proposition required by [a] capital case contract has been filed [with Dept. 123]." Mr. Rubin went to see [the clerk] in Dept. 123 for a time frame. Apparently the message at this time was for Judge Ohta to call Judge Gordon. Mr. Rubin recommends the court put the matter over for another 30 days. Mr. Rubin adds, "At this time there is not funding. ... There's nothing I can assign [my investigator]..."

I believe the court asks Mr. Rubin if the prior contract under which the second chair opperated is no longer valid.

Mr. Rubin tells the court that the contract with Mr. Lindner has been frozen. Ancillary services [under that contract] have not been paid. He needs to be appointed as lead counsel and funding ordered and those funds put in a trust account.

Judge Ohta clarifes for the record that he's not involved in the funding of the case, and that the pre-existing contract with Mr. Lindner is frozen.  Mr. Rubin is interim counsel but he has no funding.

Mr. Rubin adds that the lead counsel was removed and he was working under that contract. Mr. Rubin can't do anything without funding.  Judge Ohta asks Mr. Rubin, in his past experience, when appointed on a capitol case, how long before he would get funded. Mr. Rubin replies, that in the past, about 30 days. But most other cases are not like this case.

The court makes a joke that I partially miss. I believe the court states, "Sounds like psychological counseling."

Mr. Rubin states that we need to check back in 30 days. The court adds, "Looks like your hands are tied Mr. Akemon."

DDA Akemon tells the court that he's happy to talk to Judge Gordon [about the complexities of the case] if need be.

A date to return is passed around and February 29 will be the next date, and the case will be set at zero of 90 on that date.

Mr. Rubin brings up one other issue. Apparently Mr. Gargiulo is having some medical issues in Men's Central Jail. Judge Ohta comments that he knows. "Glasses, water..." Mr. Rubin continues, "He [Gargiulo] has seen a doctor that has ordered things for him [medications, etc.?], but the other doctor says he doesn't need them." Mr. Rubin asks Judge Ohta to order that he gets those items, to get the prescriptions.

Judge Ohta replies, "I can't order that." Judge Ohta can't order a doctor to give a patient medication. Judge Ohta will sign an order for Gargiulo to see a doctor.  Gargiulo speaks up and asks for an ENT [ears, nose, throat] doctor.

DDA Akemon tells the court that today, they turned over more discovery to the defense. Pages numbered 30,881 to 30,903.

And that's it. As everyone is packing up, I hear Mr. Rubin say to Gargiulo, "As soon as I hear, I'll come see you."

Next court hearing in this case is February 29.

The next hearing on this case can be found HERE.

Note From Sprocket
I wanted to update my readers on how I was doing from my fall last Saturday evening.

It was a very painful day for me to attend this hearing on Wednesday. There were a few moments where it was painful to breathe.

Oh Thursday I went to see my doctor. I did feel quite a bit better that day. My doctor believes I tore my intercostal muscles, right where the cartilage attaches to the sternum. It feels like the fall affected my third to fifth ribs on my left side. I could have even cracked a rib, but it's not really worth it to find out, because the treatment is the same: heat therapy and rest. It will probably take 4 to 6 weeks for a complete recovery. 

I decided to take it easy and not attend the Joshua Woodward sentencing in Dept. 103 Friday morning.

The previous post on the Woodward case can be found HERE.

Friday, January 29, 2016 - Joshua Woodward
From the Los Angeles County District Attorney's Office:

A former national restaurateur was sentenced today to nine years in state prison for trying to induce a miscarriage of his ex-girlfriend's fetus more than six years ago, the Los Angeles County District Attorney's Office announced.
On Nov. 13, defendant Joshua Woodward, 43, pleaded no contest to a felony count of attempted murder in case BA403598. At today's court appearance, Woodward was immediately remanded into custody following the sentencing by Los Angeles County Superior Court Judge Curtis Rappe.
Deputy District Attorneys Habib Balian of the Major Crimes Division and Marguerite Rizzo, Deputy-in-Charge of the Forensic Science Section, prosecuted the case.
Prosecutors said Woodward was a Florida resident who once co-owned the former Table 8 restaurants in Los Angeles and South Beach.
On Oct. 18, 2009, the defendant tried to induce a miscarriage on his ex-girlfriend by using misoprostol, a drug used in the medical community to induce labor and terminate early stage pregnancies.
Evidence presented at a preliminary hearing showed that Woodward attempted to induce the miscarriage on three other occasions. 
The case was investigated by the Los Angeles Police Department.
 New York Daily News reports that Gail Greaves gave an impassioned victim impact statement.
From the NYDN story:
She detailed how Woodward selfishly robbed her of a rare chance to be a mom at age 39 when he secretly dosed her with the early-term abortion drug misoprostol shortly before she miscarried in October 2009.
"Do you not understand that you are a textbook psychopath?" Greaves said at the sentencing in Los Angeles County Superior Court.
“Do you really not understand what you've done to me, yourself, your family? You took my choice away.”
"I get to see you sitting there right now with no remorse. You are a sick, sick individual, and you are disgusting," she added. "You don't care who you hurt as long as you get what you want."
T&T will track when Woodward is transferred into the custody of California's Department of Corrections & Rehabilitation.

CBS Los Angeles - Ex-girlfriend Confronts Restauranteur - Restaurateur Sentenced to 9 Years


Screenshot of the LA County Sheriff's website
Inmate Locator Page for Joshua Woodward


{BD}creamysbrianna said...

Any updates on the Michael gargiulo trial? I am related to tricia pacaction and the family would like an update.

Sprocket said...


There is no victim named Tricia Pacaction. Did you mean you are related to victim Tricia Pacaccio?

I recently attended a pretrial hearing on 7/14/16. I will be going downtown sometime this week to purchase documents from the court. As soon as I get those, I will post an update on Gargiulo.

Not much has happened. There is new counsel assigned and they are in the process of reading over 30,000 pages of prosecution discovery. So, we are basically back to square two or three, getting counsel up to speed on the case.

The new team has not even filed their 995 motion, [motion to dismiss] which is usually the first thing that is filed after the preliminary hearing.

It's my guess that all motions filed by prior counsel, and Gargiulo when he was pro per, including Mr. Lindner's 995 motion will be withdrawn by the new team.

Next pretrial hearing is September 14, 2016.