Friday, April 15, 2016

Kelly Soo Park [Uwaydah et. al], Michael Gargiulo Updates

The previous post on this case can be found HERE.

UPDATE I 4/18/16  - edited for spelling, clarity; corrected number of counts dismissed on April 12; more coverage of Park case.
Friday, April 15, 2016
Hello T&T readers! After a two month absence, I am finally feeling well enough to go back to court and drop in on the latest Kelly Soo Park hearing.  If my coughing doesn't act up,

While the mainstream media was sleeping, on April 12, the defense in the Park/Uwaydah et. al case successfully argued their 995 motion to dismiss 20 counts of aggravated mayhem against 12 of the defendants. posted this report on that hearing.

The parties are back in court today to revisit the issue of bail. Many of the defendants on the larger indictment were able to get their high bails reduced to 10 million. With the mayhem counts dismissed it will be interesting to see how Judge Kennedy rules on bail reduction for those defendants that are appearing today.

Also on the docket today is a 1368 hearing for defendant Albert Harutyunyan, also known as the "Little Armenia" case. Harutyunyan is charged with four murders. One of Harutyunyan's defense attorneys, Pete Waimrin is here. I believe there may also be third hearing on another case due to the  attorneys I see in the well and gallery.

After this hearing, I hope to stop by the Public Information Office and get a copy of the minute orders on the Gargiulo case .

Kelly Soo Park
8:48 AM
The bail hearings are set for 9:30 am. Park's husband, Tom Chronister just arrived. Defendant Tatiana Arnold is here. Several Park supporters are in the gallery.  A silver-haired woman is sitting with Chronister in the gallery. I believe it's his mother. When I entered the criminal court building, Paul Turley's attorney, Benjamin Gluck was several steps ahead of me.

8:53 AM
More Park supporters arrive that I've seen at previous hearings.

8:59 AM
Terri Keith from City News drops in to get updated.  About two minutes later, Park's sister Kim arrives and takes a seat in the gallery. The first row is almost filled with Park supporters. Park's mother and aunt are here. Co-defense on the Harutyunyan case, Gregory Apt arrives and gives a not to his co-counsel Waimrin.

Prosecutor Amy Ashvanian on the Harutyunyan case arrives. More attorneys shuffle in. Benjamin Gluck is her, chatting another defense attorney up in the well.

DDA Ashvanian and Apt step outside to discuss the latest developments in their case.

9:06 AM
DDA Mathai arrives and heads directly to the prosecution table to sit with the rest of the prosecution team.

More counsel arrive and sit in the well and the jury box. There are two sheriff's sitting near the door to my left. There are two other deputies sitting in the back of the courtroom to my right. Judge Kennedy's regular bailiff is at his desk.

I'm guessing there are about 20 people in the gallery for the Park [Uwaydah] case.

9:17 AM
Counsel on the Harutyunyan case reenter the well.

9:19 AM
One of the defense counsel, Mr. Moss, representing defendant Jeff Stevens is using a walker. He has a protective boot on his foot.

9:20 AM
Marissa Gerber from the LA Times arrives.  Mark Kassabian, Park's attorney arrives.

9:28 AM
Another Case
The bailiff tells counsel to take their seats and all defense counsel to sit in the jury box.
I was right There is a third case on the calendar and it will be up first. The defendant is brought out.

Tony Brooklier arrives. He represents defendant Leticia Lemus in the Park / Uwaydah matter.

Judge Kennedy takes the bench. The case is called. DDA Louis Avila is for the people. I recognize the defense attorney, but I miss his name and the defendant's name.

A stay has been issued by the court of appeals, so nothing can be done on the case until the court of appeals rules.  And the hearing is over quickly.

9:36 AM Albert Harutyunyan

Harutyunyan will be up next. They are ensuring they have an Armenian interpreter.

Now there are three sheriff's deputies to my left.

Hart is brought out. The interpreter is sitting with him, surrounded by his counsel.

The case is called. Appearances are stated. DDA Jonathan Chung is DDA Ashvanian's co-counsel.

Both reports from doctors feel the defendant is competent to stand trial. There is a disagreement whether he is competent to represent himself. Two doctors examined him. One report says yes, one report says no.

Apt: He wishes to represent himself.  Judge Kennedy states she needs to schedule a hearing on that issue.  Different case law is mentioned as to whether there needs to be a jury trial to determine competency as to representing himself.

Judge thinks there are some issues as to whether the defendant is competent to represent himself.

Even if he is found competent, Judge Kennedy doesn't think it is in his best interests. There's the language issue. She knows the defendant is distrustful of his two counsel, and the court system. She is requesting another report, to tip the scales. The court states there is definitely something going on (mentally).

The one doctor who does not feel he is competent, could not pin an exact diagnosis to back up their conclusion.

Defense suggest that they all meet, to suggest someone to interview the defendant for another evaluation.

The interpreter is talking in Armenian, translating what Mr. Apt is saying.

They will return in two weeks to update the court. Counsel will get together to arrange a third doctor. Criminal proceedings will remain suspended until a third doctor's report is received.

Kelly Soo Park et. al
Arnold case will be next. Ellyn Garafalo for the defendant.

[We are in the midst of 995 regarding Arnold and the single charge of mayhem against Arnold. This is on the smaller indictment.]

DDA Chon: There is probable cause to believe that Peter Nelson performed surgery on one of the victims.

[Note: At this point in the proceeding, my laptop died and my back-up battery was not working. I had to revert to hand notes.  I did not have time to transcribe these notes until 4/17. Sprocket]

DDA Chon is continuing with her rebuttal argument that I believe was started on April 12.

DDA Chon references a document submitted in the defense brief. "Based on their [defense] own exhibit, a PA [physician's assistant; Chon is referencing Peter Nelson, who is alleged to have performed surgeries with no supervision] can only perform parts of a surgery he was trained on and that was not the case here," Chon contends.

Judge Kennedy asks, "[She's a direct aider and abettor to mayhem?"  DDA Chon replies, "Let me rephrase. She was a co-conspirator. ... She put her name on shell companies ... laundered money ... restructured companies. ... Rose Kelly testified these meetings would take place while surgeries were going on. ...."

She [Rose Kelly] testified at these meetings they would discuss the medical board's investigation and ways they could hide monies. The goal, as stated by Ms. Kelly was to push people to have surgery and make money.

"Ms. Arnold was a part of that. ... Ms. Arnold had knowledge because Uwaydah was in the meetings ... and [Peter] Nelson performed all parts of the surgery."

DDA Chon then references something in her moving papers and reads that into the record. The people are finished and Ms. Garofalo gets up to rebut the prosecution's argument.

This allegation was in regards to Ms. Pope [victim]. The court has already found that Peter Nelson [did not? specifically?] intend harm. 

Garofalo continues, "Not a witness testified in the grand jury other than Ms. Pope as to who performed the surgery. ... There was no extended testimony introduced at the grand jury to support this allegation [aggravated mayhem]. ... Dr. Brody testified at the grand jury that there was no way to determine when the tendon detached. ... [One] cannot infer aggravated mayhem from this scar. ... Ms. Pope was not referred by a capper ... no expert medical testimony in their grand jury or anything that comes close to aggravated mayhem."

Ms. Garofalo also argues that the co-conspirator theory fails.

Judge Kennedy rules. "As I indicated before where we talked about this count ... [there's] no evidence Ms. Pope was a capped patient.  ... According to her own testimony, she had a shoulder injury. ... The surgery was necessary. ... Apparently it wasn't performed too well and she and Ms. Arnold tried to settle a malpractice claim. ... It is unclear from the record who performed the cutting. Surgery notes say Dr. Uwaydah ... [other names are mentioned as being present] and Dr. Uwaydah was there ... Even though the nurse [stated? testified?] that it was impossible for all those doctors to be in there ... I don't see that testimony as helpful. ... It's not even clear the surgery was fraudulent. ... There no evidence that Ms. Arnold was present in surgery or that she ... Count number 75 is dismissed. ... The other counts remain."

The court asks what they want to do next.

Benjamin Gluck informs the court that the need to at least waive time. They need to address bail.

The court brings up a completely different issue that she feels needs to be addressed first.

Judge Kennedy begins, "You know that, ... lawyers working for the court ... and reviewed a lot of records and [this was done] prior to the case here and filed .... when it was with Judge Fidler. ... Are those records part of discovery turned over to the defense?"

DDA Ma answers, "No. ... Judge Fidler was going to go over that and determine ... nothing was ever told to the people ..."

Gluck responds, "Because the people chose not to disclose the search warrant ... in camera ... he said he would turn over to the defense and let them claim privilege."

[Note: I'm back covering the Lonnie Franklin, Jr. murder trial. I hope to have these notes complete much later tonight. Sprocket]

More to come........


Wise Latina said...

Welcome back, Ms. Sprocket. You have been sorely missed.
Thanks, Wise Latina

David In TN said...

Glad you're back! Hope you keep getting better.

The mainstream media does a lot of sleeping when interesting trials are going on.

bettyschaeffer said...

Welcome back, Betty! I haven't been able to find any updates in the L.A. Times or anywhere else on the Lonnie Franklin Jr. case, I'm puzzled, what is going on? I recall reading that the trial was expected to last until May or June. Did I misunderstand something?

Sprocket said...

I will have an update on the Franklin case soon. Although trial testimony has been on hiatus for over a week, but there has been work behind the scenes with hearings outside the presence of the jury.