Going to Court 6/26/23 Monica Sementilli & Robert Louis Baker Pretrial Hearing 16

 June 26, 2023

 Fabio Sementilli 

Source: HairTalk.com

It has been three-and-a-half years since I've stepped inside a courtroom. The original reason I stepped away from covering high-profile murder trials was economical. I was newly divorced and I had to find a way to support myself after being a semi-retired housewife for 17 years.

For quite some time now, I've been wanting to get back inside a courtroom, but my cancer treatments have kept me close to home. I've missed listening to lawyers argue nuanced points of law, hearing witnesses testify, and observing the jury as well as who shows up to sit in the courtroom gallery. I do love the law. Everything about it is interesting to me. Even though I could not attend, I kept track of the next pretrial and post trial hearings in two cases I covered extensively, the Baker/Sementilli case and Michael Gargiulo until he was sentenced.

Lately, I've been reading news reports and keeping up with a case that will be tried in a courthouse closer to where I live, the Van Nuys West Courthouse. This is the same courthouse where I attended much of the Robert Blake murder trial, long before I started T&T. The new case is the murder trial of Rebecca Grossman, a tragedy for all parties involved. Grossman is charged with two counts of second degree murder in the deaths of two children, Mark (11) and Jacob (8) Iskander. (I will say, that the only other child murder case I covered was one of the most emotionally draining cases I've ever experienced.) 

Grossman is alleged to have hit the Iskander boys with her Mercedes in a Westlake Village crosswalk and fleeing the scene. (From news reporting on the preliminary hearing, it is my understanding that Grossman's air-bag deployed and the Mercedes shut down because of that deployment.) Jury selection in Grossman's trial was originally slated to start July 5, 2023. However, at a June pre-trial hearing the trial date was moved to January 16, 2024. I really wanted to try to attend this trial.

I had promised my dear friend Alene who doesn't drive, that for a belated birthday gift, I would take her to the LA County Natural History Museum located just southwest of downtown Los Angeles. Alene loves history and we've gone to several museums together. Alene has been helping me with gardening projects as I've become physically weaker from my treatments. Since Monday is the day she usually has free, I thought I could combine the museum trip with a trip to the downtown criminal courthouse. I don't believe Alene has ever read T&T. She tells me she has never been inside a courtroom. I thought it might give her another new experience. She was game, so I started planning.

Since I am immune compromised, the new normal of my life is, I wear a mask the minute I step out of the house and I don't eat in restaurants. I told Alene to have a lunch packed for the cooler and we would probably eat in the car soon after we get to the museum.  I also did not know how long I might be able to walk around the museum so as a precaution, I packed a walker. I've had a walker ever since I tripped and fell in that Target parking lot cracking my left patella, soon after I started chemo, but I've never used it. Lately however, my energy level has started to tank from the drug I've been on since February. Most of my time the past six weeks has been reading and resting on the sofa with my kitty, Butter Biscuit, lying on my chest or legs.

I also gave Alene a quick course on what she could and could not do inside a courtroom. Since we were going to the 9th floor, a security floor, I told her that our phones would be put in a Yondr security bag, so she wouldn't be able to use her phone while on the 9th floor. 

Around 2018, the Los Angeles Superior Court transferred the control of the public's phone privileges on the 9th floor over to the Los Angeles County Sheriffs Dept. To be recognized as a journalist, with phone privileges on the 9th floor, you had to apply for a media pass with the LASD. LASD does not recognize independent journalists that are not affiliated with a mainstream outlet or have not been published by accredited media. So even though I have been recognized by the LA County Superior Ct as being a member of the media since January 2011, I am like every other member of the public with no phone privileges on the 9th floor.

The 9th Floor
We parked at the Catholic Church on Temple and walked the two blocks to the Clara Shortridge-Foltz Criminal Justice Center. We breezed through the first floor security and arrived on the 9th floor before 8am. Unlike the ground floor to get into the building, this security station does not open until 8am.

Already on the 9th floor off to the side of the security station was a large family group with a woman sitting on a walker that had a seat.  Alene and I lined up right behind the security scanner. There was one deputy sheriff already there getting things set up. However, I knew that it would not open until a second sheriff arrived and they ran their regular  tests on the security scanner. We waited. More people arrived on the 9th floor, including a media crew with a camera. I wondered which courtroom they got a judge to sign off on filming. From my experience, there are not a lot of Judges on the 9th floor that would allow cameras, but maybe things have changed. I thought I recognized a reporter but I wasn't sure. After the second sheriff arrived I motioned to the family with the chair assisted woman to go ahead of me. She shook her head but I insisted.

After we cleared security I turned right into the corridor and made a beeline to the bench that sits at the very end of the long hallway. I had been standing too long already. This bench is right beside Dept 101, Judge Coen's courtroom. Soon the media crew came down and I recognized Pat LaLama, currently with ABC. I listened to Pat talk to her crew for a bit before I said her name. "Pat LaLama, I don't think you recognize me." Pat squinted in my direction and replied that she didn't have her glasses on and added, "And besides, you're wearing a mask." I replied, "I'm Betsy Ross."  Pat was visibly surprised. "Betsy!" she exclaimed, "I'm so happy to see you!" She immediately introduced me to her ABC producer, Elissa Stohler, and said, "You've read Trials & Tribulations!" Elissa said something to the effect of, "Of course!" She was familiar with my prior trial reporting.

Then Pat proceeded to go more than a bit overboard in her praises of my trial coverage and implying that I was better than any other journalist who covers trials. Almost rolling my eyes I skeptically replied,  "Pat is too kind. I wouldn't go that far." I tell Pat about my Stage IV diagnosis. Pat asks which trial I'm here for. I tell her Sementilli. Her crew is also here for Sementilli.

About 8:20am, the first counsel to arrive on the 9th Floor is Michael Simmrin, Robert Baker's attorney. I believe I hear Pat ask Mr. Simmrin what the hearing is about. It appears Simmrin doesn't know why this pretrial hearing was called. About five minutes later, Monica Sementili's defense team arrives. I remember Leonard Levine and Blair Berk, but I don't recognize anyone else in their group.  Last to arrive on the 9th Floor is Deputy DA Beth Silverman and a new co-counsel, DDA Ryan Erlich. Beth did not recognize me in the hallway, but to me, over all these years, Beth hasn't aged a single day. She looked just as I last remembered her, sharply dressed with classic heels. From what I'm overhearing, Beth and her team don't know why this hearing was called either.

Inside Dept 101 8:27am 

I scan the courtroom. Pat LaLama's crew sets up their camera in the back right corner of the courtroom. Normally I would sit with the other media but I sit on the edge of the second row so it's easier for me to hear what's being said when the court goes on the record. I point out the court reporter and the Judge's court clerk to Alene and try to listen to conversations going on all around me. I'm not able to hear much. My latest infusion drug has been making my tinnitus worse. Alene tells me she's surprised at how small the courtroom is. TV shows make it look like all courtrooms are large rooms. Most courtrooms in the criminal courthouse have only four long bench rows for seats. (I can't wait until I take her to the largest civil courthouse in the nation, with most courtrooms having fold-down gallery seats only available for about 35-to 40 people.) Beth and Ryan are sitting in the first row chatting.  Pat makes the rounds of counsel and court staff, introducing her producer Eilssa to them. I hear Beth and Ryan discuss dogs with Pat and Elissa.  Levine, Berk and Simmrin enter the courtroom and Pat introduces Elissa to Sementilli's counsel.

8:30am
CBS 48 Hours Producer Greg Fisher enters the court room carrying a backpack. He heads directly over to the media crew and greets Pat LaLama. Greg didn't recognize me when he walked behind where I was sitting. I look over for a bit and he's deep in conversation. I get up from where I'm sitting  -which is a big mistake because I take my eyes off of the well of the court- and go over to say hello to Greg. I address him and tell him I don't think he recognizes me. It's not until I'm right in front of him when he replies, "Of course I do." I don't remember much of what we said, but I do remember him specifically asking, "What are you doing?" I replied that I was diagnosed with Stage IV cancer. It was like my reply didn't even register with him because he asked again, "What are you doing?" Was he asking me what I was doing for work? Did he think I was still working while undergoing treatment for Stage IV? I explain that after my divorce,  I went back to school and trained to be a Certified Nursing Assistant (CNA). He seemed surprised by my answer. I told him that this was not an out-of-left-field choice for me. Most people who followed my trial coverage don't know that for over 30 years, I have been a self-employed then semi-retired "bodyworker". I tell him it was nice to see him and headed back to sit with Alene. It's then I see DDA Beth Silverman coming out of the back chambers area behind the clerk's desk and realize I've missed some activity in the well of the court.

As a bodyworker, I trained with one of the top body modality teachers in the field, William "Dub" Leigh. Dub was one of two individuals in the world certified by both Ida Rolf and Moshe Feldenkrais. He later trained with Zen Master Tanouye Tenshin Rotaishi. After I passed the California State exam, I worked as a CNA in a respiratory hospital. I then got my additional HHA certification and switched to working in home-health hospice care. After a full year in this new career, I was diagnosed with Stage IV Urothelial Carcinoma, also known simply as "Bladder Cancer". If caught early, bladder cancer can be cured. Unfortunately, my cancer was not caught early.

With seeing Beth come out of the back area, I should never have taken my eyes off the well of the court. I see Beth either handing over a disc or receiving a disc. Pat LaLama was briefly speaking to Judge Coen in the well of the court and I believe at this point it's when she tells her crew something to the effect of, they're not going to bring the defendants out, they're just going to continue. I'm disappointed. I was hoping Alene could see what happens when defendants are brought into court. I don't see Sementilli's defense counsel anywhere. My best guess is they are back in the custody area, advising their client. I make sure to point out to Alene who the Judge is when he is out of his robes chatting with his staff and counsel.

8:42am  Judge Coen Takes the Bench

Michael Simmrin is at the defense table. Beth and Ryan are at the prosecution table. Everyone is waiting on Levine and Berk. Two deputy sheriff's enter and check in with the two deputy bailiffs already in the courtroom. Right after, they turn around and leave. It appears they won't be needed in the courtroom since the defendants will not be brought out. Judge Coen chats with his bailiff.

Sementilli's counsel enter the courtroom from the custody area and Judge Coen quickly goes on the record. He states that the defendants were not brought out into the courtroom. The court states counsel has received new discovery. The next hearing date is set for July 14 and it's agreeable to all counsel.

Judge Coen continues with the matter that brought everyone into court. From what the court is saying and from what I've overheard, apparently there was a motion to sever or intention of a motion to sever by, I'm guessing, Sementilli's counsel, with no ruling today except the continuance. Before he leaves the bench, Judge Coen mentions a case on the record "... that just came down from the Superior Court ... this past Friday." I got the case number, 22-196 in my notes, but Judge Coen spoke so quickly I didn't catch the case name and my handwriting is garbled. However, I did find the ruling on SAMIA, AKA SAMIC v. UNITED STATES.

And that's it. It's over quite quickly. Judge Coen is off the bench. Afterwards, Judge Coen speaks to Simmrin at his clerks desk and most everyone else is packing up, headed for the exit.

Outside in the hallway, Alene and I stand back, just listening to DDA Silverman speaking to her clerking staff about researching this case and the points of law it covers. From reading the SCOTUS ruling later, it's a bit complicated regarding spoken statements by a co-defendant brought in at trial through other witnesses. However, my understanding is, in simple terms, SCOTUS ruled a co-defendant's sixth amendment rights are not violated at trial, by evidence brought through a government witness without naming the defendant who made them, as long as the jury receives a limiting instruction from the court on which defendant they can use that specific testimony against. Read the ruling and let me know if you have a better explanation on how the court ruled.

Beth is talking about a prior case (Tran? Traun? Trank?), that up until this latest SCOTUS ruling, the prosecution relied upon regarding specific evidence that could be brought in at trial against co-defendants. That case only covered non-verbal evidence of a co-defendant. SAMIA went even further and covered verbal statements. While listening to all this in the hallway, other counsel from the District Attorney's office are leaving hearings in courtrooms directly across the hall. Beth has a lengthy discussion with one Deputy DA who many years ago clerked with her before they were hired by the DA's office as a Deputy DA.

Afterwards Pat LaLama asks a question and Silverman replies, "... something is possibly coming out from the DA's media relations office..." Silverman would not be specific in this public arena, only to say that most likely, something is coming out from the press office in a week or so. DDA Ryan Erlich then explains to Pat LaLama what happened in court. Apparently, there was going to be a motion to sever, but the SCOTUS ruling pretty much shoots down any motion Sementilli's counsel was trying to bring. Pat then asks a question as to whether or not the DA's office has identified the unnamed third co-conspirator who was seen on a neighbor's surveillance video approaching the house with alleged defendant, Robert Baker. DDA Sliverman responds there are "several" (meaning, more than this single unnamed co-conspirator) who the DA's office believes knew about the murder plot and may have been involved in the planning. The DA's office doesn't have as of yet, enough evidence to bring charges.

After some other reporters ask Silverman and Erlich some questions, Beth looks towards Arlene and myself, having seen me writing as fast as I can on my notepad and asks, "Are you ladies journalists?" I reply, "Beth, I don't think you recognize me. I'm Betsy Ross." Beth replies something to the effect that she does recognize me. She adds, "Your hair's white!" In my mind, I'm thinking, what hair? There isn't enough to even cover my scalp and I have no eyelashes or eyebrows, but, I reply, "Stage IV cancer." Beth's reaction is immediate and understanding. She knows exactly what I'm talking about. She mentions a close friend and a law clerk having gone through the same thing.

Before they walk away, I introduce myself to Ryan and ask him for the correct spelling of his last name, which he politely gives. Then we head for the elevators.

Down in the lobby, I point out to Alene the several large historical displays honoring Clara Shortridge-Foltz, the first woman attorney accepted to the bar on the West Coast and who first proposed the idea of the public defender.

Heading back to the parking lot, I was winded walking up the two-block incline on Temple Street to where we parked. I was grateful I was able to stand as long as I did and didn't need to lean on Alene for support. When we made our first crossing on Temple, the ABC camera crew was on the corner setting up. It's my assumption they were trying to get camera shots of the defense counsel leaving the courthouse. I greeted Elissa and we exchanged business cards. I wanted to be sure I got the correct spelling of her name for my reporting. 

On our walk, Alene agreed that no one recognized me. Much later, my close girlfriends admonished me about this. They reminded me that I do look vastly different than three years ago, when I had long dark hair past my waist. It's true. I look in the mirror and I don't recognize myself.

                        Me, at my last treatment infusion on June 16, 2023.

Today was a test to see how well I held up for a pretrial hearing. Not bad, overall, but I don't know if I will have the energy to cover the potentially month-long trial of Rebecca Grossman in Van Nuys. There would be much more walking than today if I took public transportation to save on parking costs. At this point, it's too far ahead in time to know. 

 The next report can be found HERE.

 

Moncia Sementilli & Robert Louis Baker, Pretrial Hearing 13 and Sprocket Update News

Fabio Sementilli, murdered 1/23/2017

Source: HairTalk.com

October 16, 2018

Taking public transportation into downtown Los Angeles is always a chore for me and can take up to two hours or longer. Today went pretty smoothly for once. I left home at 6:20 a.m. and was on Temple Street, a block from the courthouse by 8:00 a.m.

After I stop to get a hot tea at the 5th floor snack bar, I'm on the 9th Floor by 8:15 a.m. The door is open but there is only one Sheriff at the security scanner and the deputy tells me he needs two deputies (one to operate the belt scanner and one to watch people walk through) to let people into the hallway.

While I'm waiting, defense counsel for Michael Gargiulo, Daniel Nardoni, -one of the nicer defense attorneys I've met around the courthouse- approaches the security station. He's carrying a recently laundered white shirt on a hanger covered in plastic. To get the shirt to his client, he has to sign a document -I note Mr. Nardoni is a fellow lefty- and put the shirt on the belt scanner without the hanger or plastic.

8:20 AM
After Mr. Nardoni clears security with his briefcase and shirt the security guard decides to let me and a few jurors go through to the 9th Floor hallway even though a second deputy has not arrived yet.

While I'm waiting at the end of the hallway I note that there is a sign hanging on the door to Dept. 101, Judge Coen's courtroom that says something to the effect of, "Jurors wait until called." This tells me that Judge Coen is currently in trial. An attorney approaches Dept. 101 and tries the door. It's locked and the gentleman takes a seat to wait. 

I then see Deputy DA Melissa Opper arrive. She's wearing a tan skirt suit with a black jacket, black handbag and what looks like a long, thin gold necklace. She has a great smile and is kind enough to say hello. She is about to try the door to Dept. 101 but I tell her it's still locked.

8:25 AM
It's quiet today. There are less than a dozen people on the floor, with most of them wearing juror badges. Michael Simmrin, defense counsel for Baker arrives.

While I'm waiting another familiar face arrives. It's defense attorney Steve Meister. Mr. Meister was co-counsel with Mark Werksman on the James Fayed murder trial. We chat for a moment about love behind bars and the criminal justice system. I then see Dept. 101 open and I tell him I have to go.

Inside Dept. 101
8:33 AM
The gentleman I saw in the hallway is sitting at the counsel tables and there are other counsel here as well. There are spiral notebooks on the juror's chairs. DDA Opper and Simmrin take seats in the well directly in front of the jury box and start to chat. I don't recognize the bailiff or the individual at the clerk's desk. There's a young, handsome black man sitting in the back row with a notebook. I sense he is here for the case in trial.  More counsel arrive for the current case. Judge Coen calls for counsel at sidebar for the case that is currently in trial. One of the prosecutors reminds me of the actor, William H. Macy without Macy's beard. It appears the court is discussing jury selection in the current case. 

8:35 AM
Defense counsel for Sementilli, Leonard Levine and Hans J. Allhoff arrive. It appears Ms. Berk will be a no show today. Mr. Levine takes a seat by DDA Opper. Their phones are out and they are talking return dates.

8:37 AM
Deputy DA Beth Silverman arrives and joins her co-counsel in trying to find a return date in the middle of November. I hear several dates thrown out. November 11, 12 and 14. It goes back and forth between Mr. Simmrin, Levine and the prosecution trying to find a date that works for everyone. It appears they have a date and the court is informally notified.

8:45 AM
Baker and Sementill are brought out. Both defendants are in orange jumpsuits. Since the attorneys for the case in trial are at the counsel tables, the defendants, their counsel and the prosecution team are all standing. Judge Coen goes on the record and asks the parties where they are. Mr. Levine starts off telling the court they have agreed to a return date of November 11, but that's wrong since it's a holiday. DDA Silverman takes over and tells the court the return date is November 13, with the case calendar set at zero of 90 with a "reasonable people's continuance." The court asks each defendant individually if they agree to the continuance to 11/13. They each give a verbal, "Yes." And that's it. It's all over in a few minutes.

Note: We learned at the last pretrial hearing that Mr. Simmrin will not be ready for trial in 2019. I expect there will be monthly continuances until a trial date is selected.

Sprocket Update News
I wanted to let everyone know what's been happening with me.

December 31 of last year I moved into my new home. I'm pretty much settled in now and life is very good in this safe space. I love my little house! I'm hopeful for nesting hummingbirds in the ficus trees I was able to bring with me when nesting season starts.

At the end of September I started school for a new career in the health care field. I will be done with my training in early January, and then schedule my testing with the state. Once I pass the exam, I'll be looking for work in that field. I don't know where I will land but I'm hopeful I will be employed before the end of February.

I will continue to attend pretrial hearings in the Sementilli/Baker case as long as I am able. Once I'm settled in a new job, I will be trying to find the time to write up the rest of my notes on the Jennifer Francis civil trial that I attended earlier this year. There's a lot to digest in that case that is related to the Stephanie Lazarus murder trial.

T&T since it's inception has had no advertising. T&T is 100% reader supported. Thank you everyone, for reading and supporting T&T since its inception in February 2007.

Monica Sementilli & Robert Louis Baker, Pretrial Hearing 12

Fabio Sementilli

Preious post on this case can be found HERE.

NOTE: I apologize for the lateness of this post. I've been under the weather with a head cold and cough. Sprocket.

UPDATE: Corrected home security system to a neighbor's security system.
September 4, 2019
Right when I entered the security line for the Clara Shortridge-Foltz Criminal Justice Center, I run into a gorgeous reporter that has been covering the Baker-Sementilli hearings. We say hello and introduce ourselves for the first time. Her name is Chetna and she is a producer for Dateline. We clear security and ride the elevator together.

The 9th Floor

Judge Coen’s courtroom is already open. There are two older women -probably close to my advancing age- seated in the second bench row where I usually sit. They have been here before and I believe are friends or relatives of defendant Sementill.  One woman has very short dark hair. She’s wearing a long strand of pearls. The other woman has darkish hair with blond highlights and blue framed glasses.



Some of the prosecution staff is already here. Deputy DA Melissa Opper is in the courtroom along with another Deputy DA, Paul Pzrelomiec who assisted Deputy DA Beth Silverman on the Grim Sleeper (Lonnie Franklin, Jr.) trial. Two LAPD Robbery-Homicide Detectives enter the courtroom. I recognize them immediately. One is the handsome Daryn Dupree and the other I believe is his partner, whose name escapes me at the moment.

Dupree greets Deputy DA Paul Przrelomiec. 

Blair Berk and Leonard Levine are not here. The defense attorney who stood in for them at the last hearing, Hans J Allhoff is here. The gray haired older gentleman who works with Sementilli’s defense team is in his usual spot, chatting with Judge Coen at the clerk’s counter.  Baker’s defense attorney, Michael Simmrin is not here but one of his support staff is, a youngish blond woman who signs for some documents in the well. 

I think we are waiting on Deputy DA Beth Silverman to arrive.

There is some off the record chatter. I overhear that Mr. Simmrin will not be able to make it and Sementilli’s defense attorney will stand in for him. 

Moments later Deputy DA Beth Silverman arrives. She’s wearing strapping black pumps, a red dress and a loose-fitting black jacket. Seeing the two RHD detectives and the young Deputy DA Paul Pzrelomiec, Silverman says something to the effect of, looks like a pretty good team ... a serial killer team.



The defense attorney and the prosecution team exchange a bit about putting the case over to another hearing. The date October 16th is mentioned.



Deputy DA Silverman banters, “… she said [at the] last court date she would be ready for trial.”

It’s a good guess that Silverman is referring to Ms. Berk. The defense counsel answers, “Yeah, but there was more discovery.” Silverman responds, “…there’s always more discovery. That’s just the kind of case  it is.”



Judge Coen calls another case. The defendant is brought in through the front doors. A tall, youngish man, he’s in a wheelchair.  This hearing is over pretty quickly and we are waiting for Baker and Sementilli to be brought out.



8:52 AM
Sementilli is brought out first. Her hair continues to grow out. It's longer and appears darker. She has what looks like an expanding file folder with her in a clear plastic bag. 

Semintilli turns and smiles to her supporters in the gallery. The woman with the dark hair and pearls puts her hand to her lips and gestures with her hand like she is blowing defendant Sementilli a kiss.

Right after Sementill turned to the gallery to give eye contact to her supporters, Judge Coen loudly admonished her to face the front of the courtroom and not turn around to the gallery. It's not in my notes but I believe Judge Coen called the bailiff over to monitor her to make sure she didn't turn around again.

A face I’ll never forget enters Dept. 101. It’s the lead counsel for Lonnie Franklin, Jr., Seymour Amster. The arguments between Amster and Silverman during the Franklin case were over the top bitter. Amster enters and drops his briefcase onto a chair in the well of the court. 

I believe he quickly leaves.

Defendant Baker is brought out at the same time and Judge Coen goes on the record.

Defense counsel Allhoff informs the court that he will be standing in for Mr. Simmrin today. Judge Coen clarifies for the record that he is representing Baker for this hearing only. 



Counsel and the court agree to put the court calendar at zero of 60 on October 16.  Judge Coen asks defendant Baker if he agrees. Baker agrees. He then asks Sementilli if she agrees. Sementilli agrees. 

As the bailiffs get the defendants ready to return to the custody area, Sementilli, is standing and turns to look at her family again. She smiles and mouths some words. It appears to me she is saying, Bye bye Bubbie, or maybe Mommy but that's just a guess.  The dark haired woman repeats her earlier gesture of blowing her a kiss again. 



And that’s it until October 16.

Exiting the courtroom Chetna and I follow Deputy DA Beth Silverman out. Silverman is silent regarding any questions about the prosecution or LAPD's success in locating the second assailant who was seen with defendant Baker on a neighbor's home security system. CBS 48 Hrs. has a report with images of the two assailants from the neighbor's security system.

In some of the pretrial banter between counsel it was discussed that Baker's counsel, Mr. Simmrin has communicated to the prosecution that this case will not go to trial this year. From what I heard, it appears to me that Mr. Simmrin will not be trial ready before 2020.

Monica Sementilli & Robert Louis Baker Pretrial Hearing 10

May 21, 2019

The 9th Floor
I arrive on the 9th floor around 8:19 am and I'm already tired. I haven't been sleeping well of late and the nearly 2 hours of travel time to get to court is not easy on this antique body.

About a minute later, most of Sementilli's defense team arrives. Blair Berk along with the gray-haired gentleman and the dark haired data/computer expert. Also with them this time is Sementilli's sister as well as an older woman with very short dark brown hair. Sementill's blond-haired sister is wearing a white blouse and a black sweater-jacket. Leonard Levine was absent. 

Right after the Sementilli defense team arrives, Baker's counsel, Michael Simmrin arrives.  As soon as Simmrin arrives, I overhear snatches of conversation between defense counsel about when to schedule the next pretrial hearing.

What looks like a Deputy DA and a young, pretty blond intern (she's wearing the standard blue badge I've come to recognize as what interns wear) arrive and greet Simmrin. This other attorney tells Simmrin he has a case in front of Judge Coen.

8:35 AM
Department 101 opens and I follow the defense team inside Judge Coen's court. There is a male clerk at the clerk's desk. Like I've seen many times before, Judge Coen is at his clerk's desk chatting with the gray-haired man. Judge Coen is wearing a white shirt with a shimmering, baby blue tie. Sementilli's sister and older friend sit in the second bench row. The defense data expert takes a seat in the well of the court. When the gray-haired man is finished chatting with Judge Coen, he sits directly to my left in the second bench row. When he first entered the court, he placed his worn satchel he always carries in the spot he likes to sit, on the aisle, second bench.

A very attractive black woman with perfect make-up, small gold earrings and long tiny braids had entered earlier. She has taken a seat in the well of the court. I'm a bit mesmerized by all those tiny perfectly braided braids.

8:37 AM
DDA's Beth Silverman and Melissa Opper arrive. DDA Silverman is wearing a blended thread black/gray pant suit with a black top. She accented it with a nice silver necklace. She hands Simmrin a document with a folder and says, "Here's your copy." Over at the clerk's desk, DDA Opperman returns back to the court, the original SDT's they previously received.

I then hear DDA Silverman tell Simmrin "We're ready." I believe she followed it with, Whenever you're ready. I believe Simmrin says something about any more discovery and DDA Silverman says something to the effect that there's always discovery. My interpretation of this exchange is, the people have handed over their discovery to the defense and they are ready for trial.

Another male Deputy DA arrives and sits in the first row.

Judge Coen is on the bench in his robes. The defendants are inside the courtroom yet. They are not on the record yet. It appears Judge Coen is waiting. Then I notice that the court reporter is not at her desk yet.

8:45 AM
The court reporter comes out quickly with her equipment and Judge Coen asks her, "Are we ready?" She replies to the court that she is. We are waiting for the bailiffs to bring the defendant's out. Mr. Simmrin works on his laptop. Judge Coen patiently waits. A second bailiff enters. He goes to the custody door, opens it and holds it open.  Defendant Baker enters first. He still has short black hair. No noticeable beard but a slim mustache.  He's in the usual orange jumpsuit and white long-john type undershirt beneath that. 

Soon after Sementilli comes out. She is in an orange jumpsuit also this time. I don't know when the change happened since I missed the last hearing but this is the first time I've seen her in the higher-security orange jumpsuit. Sementilli's hair is long and all dark.

Judge Coen goes on the record. He indicates there are no motions before the court. Blair Berk addresses the court first. She tells the court that they are anticipating a new round of discovery and that they are still working through the last two rounds turned over by the prosecution.

Burk tells the court they would like to return on July 16 or 17 as a new pretrial and on that date, set a new trial date. The case will be set at zero of 60 on that date. Judge Coen asks Simmrin which date is agreeable, the 16th or the 17th. Simmrin takes a moment before he tells the court the 16th.

Judge Coen then addresses the people and asks them if that date is acceptable. The people agree with that date.  Judge Coen then addresses defendant Baker and asks, "Is that agreeable to you?" Baker agrees. The court then asks defendant Sementilli if that date is agreeable and she affirms.

And that's it. The people inform the court that several SDT's that have been copied and returned to the court.

Next hearing is July 16th.

Monica Sementilli & Robert Louis Baker Pertrial Hearing 9

Clara Shortridge-Foltz Criminal Justice Center

Downtown Los Angeles

March 27, 2019
It wasn't until around 7am this morning that I realized that I had totally forgotten about today's hearing. I rushed out the door around 7:35am hastily dressed, no makeup and drove downtown. It took me an hour and 20 minutes to get downtown, part and clear security. I made it to the court lobby in time to see Monica Sementilli's defense team of Blair Berk and Leonard Levine exiting an elevator and leaving the court. I had totally missed the hearing.

Fortunately, a few minutes later I happened to also see Mr, Michael Simmrin, Robert Baker;'s defense attorney in the lobby. The first thing I asked him is if he still represented Mr. Baker. I wasn't sure if leaving the Alternate Public Defender's Office and entering private practice would change his representation. He said he still represented Mr. Baker. I then asked him the date of the next hearing.

The next hearing in this case will be on May 21.

The wonderful Terri Keith of City News Service informed me that the April trial date had been vacated. It is my understanding that no new trial date has been set at this time.

Monica Sementilli & Robert Louis Baker, Pretrial Hearing 7 & Sprocket News

The previous hearing on the case can be found HERE.

Fabio Sementilli

Source: Hair Talk.com

December 13, 2018

Going to Court & Sprocket News
I'm trying to get used to having to spend more time getting to the Orange Line and also traveling a longer distance on the Orange Line than what I'm used to. I used to be able to get to court by 8am, if I left my house at 6:50 am. Now, I cannot leave any later than 6:30am. When I finally move in, it may take even longer than that.

It's official. My escrow closed on my new home December 3 and the court made me officially a single woman again on December 8. I hope to be fully moved in before the end of the year. Next year will be the daunting task of going back to school and finding work.

The 9th Floor
I arrive on the 9th floor a little after 8:00 am. In the center of the hallway on a bench are several people I don't recognize at first. It's CBS 48 Hours producer Greg Fisher along with Fabio Sementilli's sister, Mirella, her cousin and niece. Fabio's relatives all flew in from Canada for the hearing. Not everyone related to a case is able to attend these pretrial hearings. I'm thinking of the families of Pamela Fayed and Juliana Redding. The families of these victims all lived out of state and were not able to attend every hearing. If you were a friend of Fabio and are able to attend a pretrial hearing, I know his family would be grateful that you took the time to attend.

8:29AM
The Sementilli defense team of Leonard Levine and Blair Burke arrives along with their support staff. LAPD Robbery-Homicide Detective Barry Telis arrives.

Once Dept. 101, Judge Coen's courtroom opens, we all head inside. Greg and I take a seat in the third bench row, behind two of Sementilli's support staff. There are quite a few counsel in the well for other cases before Judge Coen. Almost every seat in the well is taken. There is a quick huddle of defense counsel in the well with the gentleman I believe is Sementelli's electronic data expert.

8:35 AM
Three extra sheriff's deputies arrive and cram into the well of the court. DDA's Beth Silverman and Melissa Opper arrive with two male law clerks. DDA Opper is wearing a very dark plum suit. It looks great on her.

A few moments later, Monica Sementilli is brought out and placed on the end of table seat, where Baker has sat in previous hearings. I note that Monica's hair is almost jet black now. There is only a small amount of reddish blond color left on the ends. She almost looks like she has a bit of makeup on and I'm wondering if she had access to makeup while in custody. Sementilli leans in to speak with Mr. Levine. Levine's co counsel, Blair Berk is in the very back row of the courtroom. A few moments later, she comes up to the well of the court to chat with her client then leaves. Now Berk is in deep conversation with Mr. Levine. Now Berk is walking around, almost pacing in the courtroom.

8:45 AM
Baker is brought out and Judge Coen is on the bench and quickly goes on the record. The court informs the parties that they are still scheduled for trial to start April 29, 2019 and the court calendar set on that date at zero of ten.

It appears the parties have all agreed on a return date of January 17. That's agreeable to everyone. Baker's defense attorney Michael Simmrin informs the court that he (just? recently?) received a 2 terabyte hard drive of discovery from the people. Because of the amount of discovery on this hard drive, Simmrin tells the court that the April trial start date is "...not going to work."

The court tells the parties that the trial date will stand for now and they can address it at the next hearing.

DDA Opper tells the court that the people handed over to the defense over 100,000 pages of additional discovery. The people add that this new material will add two weeks to the trial, making the trial approximately two months instead of the previous estimate of six weeks.

DDA Beth Silverman asks the court for permission to take custody of several SDT's, make copies for the people and defense and then return the originals to the court. The defense has no objection.

And that's pretty much it. The hearing is quickly over. Fabio's family flew in for a hearing that didn't even last ten minutes.

8:50 AM
Sementilli is quickly taken back into custody and the defense teams leave. Baker is still in the courtroom, waiting for the sheriff's to arrange his return to the custody area.  I see DDA Silverman is over by the clerk's counter, most likely picking up the subpoenaed documents. When Baker is finally taken back into custody, I note that he has a small book in his hand with a red cover.

Out in the hallway, DDA's Silverman and Opper patiently answer the family's questions about the status of the case and what lies ahead.

It is my understanding that the LAPD is still actively working this case and more discovery is expected to be turned over in the coming months.

The next hearing in the case is January 17, 2019.

The next post on this case can be found HERE.

Monica Sementilli & Robert Louis Baker, Pretrial Hearing 6, & Sprocket News

Previous post can be found HERE.

UPDATE 10/20 edited for spelling, grammar, clarity. Sprocket
Ocober 2, 2018
Fabio Sementilli
It's after 8:00 am when I arrive on the 9th floor. Mr. Simmrin arrives around the same time I do. I politely ask Mr. Simmrin if he expects the hearing to go long today. He's kindly tells me that it should be a short hearing today.

Sementilli's defense team (Berk, Levine, gray haired gentleman and the tall thin man) arrives and Monica's sister, Anna Larson is here with them.  This is the same woman I've seen at prior court hearings. The big burly Sargent Westphal arrives with his keys to open Dept. 101, Judge Coen's court.

There are several members of Fabio's family here in the hallway. Two very pretty women and three men who all flew in from Canada. They are all wearing black shirts with "Rest in Peace Beloved Fabio" printed on the back.

I rush into Dept 101 because I want to be sure I get the aisle seat where I can hear the best.

DDA's Beth Silverman and Melissa Opper arrive. Beth is wearing a red and white dress with a matching red jacket and red leather handbag. She has something on I've rarely seen her wear. Flats. They are gray and go quite well with the dress. Usually, Beth is in heels. Melissa is wearing as usual, a dark suit.

Beth comes over to greet the family and also ask how things are going with me. (See note below.) Beth does one of the many things that she does best for the family, patiently answer their questions.

In the gallery I also answer questions for Fabio's family, pointing out who is who.

8:40 AM
Judge Coen takes the bench. A minute ago, chairs were being set up for the defendants. Defendants are put in chairs that do not have rollers on them. I point out to the family member beside me where each defendant will sit.

Mr. Simmrin comes out from the custody area. He must have been visiting with his client. Defendant Sementilli comes out first in the blue jumpsuit. Baker comes out quickly after and they are placed in the same chairs as the last few hearings.

Judge Coen goes on the record.  There are discovery items filed [by the people?]. The letter seized from Baker at the last hearing. The parties discuss the discovery issue of the seized letter. Sementilli's counsel wants to see the letter. DDA Silverman tells the court that unless Mr. Simmrin has any [discovery] issues, DDA Silverman will give a copy to Sementilli's counsel.  Mr. Simmrin states he has no issues with the letter.

Judge Coen appears a bit miffed on the bench. He asks the people why this wasn't handled informally instead of bringing this in front of him. The court tells the parties that he doesn't need to be involved in these issues. That they should be resolved between the parties and not involve the court's time.

Levine brings up to the court [possibly a motion?] that deals with any other letters in the Sheriff's possession, involving communication between defendants.

Judge Coen brings up search warrant affidavits. DDA Silverman informs the court that many of the search warrants are sealed. The people have been asking for discovery from the LAPD. By October 9, the court orders all discovery turned over.  I'm not certain, but as of today's date, I don't believe the people have received a single piece discovery from either defendant.

Levine brings up something about the hard drives that are needed for the people's discovery. He asks if the prosecution knows when there will be an end to discovery. Levine tells the court, "We want to get to trial as soon as possible." Levine wants to know the end of [discovery?] inquiry.

Judge Coen informs the parties that at this time, because his calendar is getting tight, they should put in a trial date. No other reason to block out time.  Currently, Judge Coen only has 19 days in January 2019 [for a trial]. Mr. Simmrin shakes his head about being ready to defend his client for trial in January. Regardless, it's my understanding that the case will need much more time than that. Coen states the next available time is the last week of April.

DDA Silverman informs the court that there is an ongoing investigation by the LAPD, which she does not have in her hand.

Levine tells the court they want an earlier date for trial. "We are not waiving time." The court responds, "I know, but I will make [whatever?] findings I have to make." Judge Coen adds, I've known Mr. Simmrin for years.  Judge Coen rules. He states Mr. Baker's 6th Amendment rights trumps everything, even defendant Sementilli's right to a speedy trial.

Judge Coen sets a potential start date  for Wednesday, April 24, or the next week starting on the 29th. Coen states it will be a six week trial.  DDA Silverman mentions something about the time frame or length of the trial that I miss.

Simmrin tells the court that he just received a 2 Terabyte hard drive of people discovery that he has not seen yet. Levine tells the court that they have some discovery but the latest batch does not have something. They appear to be ahead of Simmrin [in receiving their discovery?].

The trial start date is selected. April 29th for a six week trial. The court clock will be set at zero of ten on that date.  Mr. Simmrin is okay with that date.

The court asks for the next question. Levine is not agreeable to that date. They do not waive time. They would file a motion. The court asks, "Motion to sever, correct? ... Since you're not waiving time?"

Judge Coen states he knows Mr. Simmrin to be a top lawyer. "...one of the best." Judge Coen asks Levine if he thinks he [Mr. Simmrin] is slacking off.  Judge Coen then rules. As I've seen him do before, he goes to one of those long black file boxes and reads from a ruling. There is "...good cause to continue. ... do find good cause to continue Sementilli case over counsel's objection." Judge Coen continues to read from the prior case law but he's too fast for me to get it all.

Levine requests a return date of December 13, and perhaps an inquiry of Mr. Simmrin [as to his readiness]. Levine question whether they should go to another court. Judge Coen states it is not his business to question Mr Simmrin.

Mr. Simmrin tells the court, regarding an earlier trial date, "...given all the discovery, ... I highly doubt that."

And that's it. It's over quickly. Defendant Sementilli's sister in the gallery stands as Sementilli is being led out of the courtroom. As she is led back into the custody area, Sementill looks at her sister and smiles.

The friends and family of Fabio who attended the hearing are: Fabio's sister Mirella Sementilli Rota and her husband Marco; Fabio's sister Loreta, her husband, Joe, and eldest son Anthony. The family shared with me one of Fabio's sayings: "Chin up and charge that mountain." Fabio's family cannot come to every court hearing, but they tell me their souls are here if not in body. The family asks if local friends of Fabio can attend these hearings to represent Fabio since they are unable to do so.

The next hearing on the case can be found HERE.

Sprocket News
A little personal, bumpy ride here. I apologize to T&T readers that my notes on this hearing are over two weeks late. I hope you will forgive me when I share the reason why.

Over the past year, my life has changed dramatically. September 29, I sold my house. Escrow closes tomorrow. My last day on the property is October 28 where I will move into temporary housing. After 17 years of marriage, I am forging ahead on a new journey as a single woman again. Please do not be sad for me. My marriage was over many years ago. It wasn't until early this year that I realized I had to give up many things I appreciated about my life, being a wife, a homeowner, my hummingbird garden and possibly my trial reporting, to start again with a new life and new journey.

I don't know what the future holds for me or where I will be in six months. I'm hopeful that I will be able to stay in the area that I love and continue T&T for the next year, possibly two. Beyond that, it is unknown if T&T will continue operating.

If you have appreciated the eleven-and-a-half years of T&T's in-depth trial coverage, a donation to my trial reporting costs would be most appreciative and helpful at this time.You can click on the link to the right that says "Donate". Your bank statement will indicate a charge to "Betsy Ross Linens" which is the bank account I use for T&T and my sewing business.

A Personal Journey
T&T has not only a US readership but an international readership as well. T&T receives hits from people all over the globe dropping in to read the stories T&T has covered over the years.

I have been a some-what public person, at least on the web for over eleven years. In addition to covering high profile trials, I've also written briefly about more personal journeys. The retaliation that Phil Spector and his trial bride wife did to me during Spector's first then second trial; negative blog feedback; becoming friends with Dominick Dunne during Spector and his passing; my sewing business; a Thanksgiving disaster; my health; the antics of my cats; special honors; longtime friends, trial friends, and new trial friends; T&T fan mail; the loss of my beloved long-time companion, Sprocket Cat; my husband's various health issues; local wild fires; and my hummingbird nesting garden. I've shared quite a bit of my life on T&T.

I have been awed by all the women who have had the courage to come forward with their "Me Too" stories. But I also understand from a recent, very painful personal experience why many women remain silent. It is a very individual choice whether to go public or not against another person about a violation or betrayal of trust when that person may be powerful or a pubic personality. So from that, I also respect and honor those who choose to remain silent. You cannot judge someone who chooses to remain silent about an event that is overwhelmingly painful and raw.

On my own personal journey, I know my path has always been one of personal growth, and forgiveness of others, even those who have deeply wronged me. My journey has never been about causing pain to others. That is the path I walk.

The shortest and surest way to live with honor in the world,
is to be in reality what we would appear to be;
and if we observe, we shall find, that all human virtues
increase and are strengthened
by the practice and experience of them.
-Socrates (469-399 B.C.)

Monica Sementilli & Robert Louis Baker, Pretrial Hearing 5

Previous post can be found HERE.

LAPD Booking Photos

July 30, 2018
I arrive on the 9th floor at 8:15 am. Baker's defense attorney Michael Simmrin is here sitting on the bench at the very end of the hallway.

There are a few public people here. No other press that I recognize. A young gentleman shows up at this end of the hallway wearing a jury badge. After a few minutes, I notice that the air is hot, almost sticky. The building AC may not be fully up to speed, which is not unusual on a Monday. I'm starting to sweat. I may have to tie up my hair.

8:24 AM
DDA Melissa Opper arrives. She's dressed like I've always seen her, in an all black, two-piece suit and black pumps. She goes directly to Simmrin and they chat about something. I'm too far away to listen in.

8:28 AM
Sementilli's full defense team arrives on the 9th floor. When they approach Simmrin as a group, DDA Opper politely steps away so they can chat. I overhear snatches of conversation this time. They appear to be trying to set a return date for the next hearing.

8:30 AM
Dept. 101 opens and everyone heads inside. I wonder if DDA Beth Silverman is busy with a pretrial hearing in another case or if she will arrive later. I take a seat in the 2nd bench row.

Judge Coen was at his bench out of his robe when I entered. Now Judge Coen is chatting with the gray haired gentleman on the Sementilli defense team at the clerk's counter. Now I wonder if this gentleman is a private investigator like I've guessed, or another attorney working on her case. Usually, when there are non-lead counsel working on a case, they still sit in the extra seats in the well. This gentleman sits in the gallery each time I've been here.

Although DDA Silverman has not arrived yet, the three defense counsel are trying to nail down a return date. Berk is asking DDA Opper a question about scheduling. "Melissa, does the 18th work for you?"

Berk is wearing a beautiful light brown jacket and I want one exactly like it. The jacket has nice lines and is gently tailored to her hip. It looks great on her. What I really like about it is, there is no collar or lapel. It's closed by a single, large button under the bra line.

Thankfully, Dept. 101 is noticeably several degrees cooler than the hallway. A second court reporter arrives. The court reporter was obviously sent to the wrong department because the regular court reporter for Dept. 101 is here.  The court reporter leaves to find where her fill in assignment is located.

I overhear someone, I think a bailiff of possibly Judge Coen himself say the defendants are not on the floor yet.

Back and forth, counsel are still trying to decide on a return date.

8:38 AM
DDA Silverman arrives with two interns.  Beth is wearing a black jacket paired over a black and white patterned dress with small splashes of color. 

Judge Coen asks the parties about time, meaning how long will the trial last. DDA Silverman tells the court that just their case alone will take six weeks. So if that's just the people's case, one wonders how long the defense will take.

I believe Judge Coen replies, "That changes things." He tells the parties, "I can give you four weeks in January. So now they are looking at March 2019.

Judge Coen and Levine chat. DDA Silverman and Simmrin chat about a hard drive sitting on the DA's desk.

Counsel are still trying to work out a return date. You have three different attorneys on the defense side, the court {Judge Coen's schedule} and the people. So five different groups need to find a return date that works for "everyone". The next dates Berk throws out are the 17th or 18th of September.

That doesn't work for everybody so they go back to August. August 24 works for everyone except DDA Silverman.  This is a tedious process with everyone checking their calendars to see how they can work this out.

Baker is brought out and and handcuffed to the chair at the end of the defense table. We are now waiting for Levine & Berk's client, Sementilli. Sementilli arrives. Judge Coen immediately goes on the record. Judge Coen states the parties that are present and that they are looking for a return date. Coen is looking to set the court calendar at zero of 60 on the next date. They are tentatively trying to set a return date which will be a discovery hearing update.

After a bit more back and forth among counsel the return date is set: October 2nd for a discovery hearing. I believe it is Levine who is asking if the court wants to set a trial date then (Oct 2) or now.

Judge Coen reminds Levine that his co-counsel's rights [representing Baker] trump California Penal Code 1382. Levine tells the court that they will file a motion to separate the cases. (In an effort to get to trial sooner I expect.) Judge Coen tells the parties that he has nothing available for trial until March 25, 2018. Coen wants to make the court calendar on this case zero of 60 on October 2. Coen states a tentative trial date will be drawn on that date.

DDA Silverman goes over a bit of housekeeping with the court regarding the 911 transcript and that the "SDT files" have not been returned to the court file. The court orders the DA is to take custody of the SDT files and make copies.

And that's it. The defendants are brought back into custody and the parties return date is October 2.

The next post on this case can be found HERE.

Monica Sementilli & Robert Baker, Pretrial Hearing 4

Previous post can be found HERE.

Fabio Sementilli 

Source: Dearhairdresser.ca

UPDATE 7/1: Update on notes about a video and the manila envelope. Removed notes that were not clear.
June 28, 2018
7:40 AM
I get to court early today. I hang out on the 5th floor waiting until 8 am when the security station will be open. When I get on the 9th floor, there is only one sheriff at the station. He tells me the security station won’t open until 8:30 am. That’s new. I can’t imagine that will work for long since quite a few judges open their courtrooms at 8:30 am. So I go back down to the 5th floor to wait.



8:25 AM
I head back to the 9th floor. There are three sheriff’s and the station is open. When I get down to the far end of the hall, DDA’s Beth Silverman and Melissa Opper are sitting on a bench. Beth is wearing a long, blue print flowing dress, black jacket and nice black sling heels with an open toe. I go over and congratulate DDA Silverman on getting a conviction in the Blake Leibel case.  Rounding out the DA’s team are three young, eager looking interns.

The people’s LAPD RHD detectives are not here yet. 

Over on the other side of the hallway, Baker’s defense attorney Michael Simmrin is sitting by himself. Blair Berk is sitting with an attractive, nicely dressed woman wearing thin, black rimmed glasses.  It’s a good guess that this is a family member or friend of Berk’s client, defendant, Monica Sementilli. The woman is about 5’4” tall. She’s wearing skin tight white pants, black ballet type slippers, a black blouse with white dots and a black jacket to finish off the look. A tall slender-man, one of the defense counsel support staff is with them, along with the young intern looking man I’ve seen before. Levine arrives a moment later and eventually goes over to chat with Simmrin.



8:30 AM
Inside Dept. 101
I take my favorite spot next to the aisle in the second bench row. Two Spanish women sit in the gallery directly behind me. The DDA’s interns sit in the first row, right behind the prosecution’s table area. The nicely dressed woman in the black ballet type slippers takes a seat to my right.

Now Levine, Berk and the tall slender-man are over at the clerk’s desk.

Over at the prosecution table, DDA’s Sliverman and Opper and going over a document with their interns. At the defense table, the sheriff deputies in the well are arranging the chairs for the defendants. Defendants must be seated in chairs that do not have rollers. Levine will be seated next to Sementilli today and Berk to his right. Over at the clerk’s desk, there is a male clerk. The court reporter is at her station in front of the bench and my eye is drawn to the really nice bouquet of flowers on her desk.

Levine gets up to chat for a moment with DDA Silverman. Baker is brought out first, and the deputy places him in the wrong seat. It’s quickly corrected. Baker’s hair is short and he has a mustache.

The tall slender-man, who is sitting in the well chairs directly behind the defense table says (to I don’t know who): “That’s my mistake. I apologize.” DDA Silverman answers, “You don’t have to apologize.”



The two LAPD Robbery Homicide Division detectives on the case enter Dept. 101 and take seats in the well directly in front of the jury box. They briefly speak to DDA Silverman.

We are still waiting for Sementilli to be brought out. Simmrin chats with the big burly Sheriff’s Deputy, Sargent Westphal (sp?).

Baker faces the gallery and looks in the direction behind me. I don’t know if he’s looking at the two Spanish women behind me, or at the clock. 

Simmrin, Levine and Berk chat for a moment in a huddle. Sargent Westphal goes over to DDA Silverman then speaks to the two LAPD RHD detectives. 

The bailiff goes over to the clerk’s counter to speak to the judge. Sargent Westphal also comes over and both officers chat with Judge Coen. It’s quickly over and the regular bailiff goes back to the custody area.

8:42 AM
We are still waiting on Sementilli to be brought out.

Levine was about to have the woman that came with the defense team leave the room when his client is brought out and we go on the record.

I believe I saw Sementilli smile at the ballet slipper woman in the gallery. 

Judge Coen informs the parties that a document came back from ATT, labeled “for court eyes only". Levine informs the court that this document is from his subpoena. He wants to see the document and not share it with the people.

Judge Coen responds, “That’s not the way it works.” 

Judge Coen then goes over to one of his index card file boxes and after a few seconds, pulls out a card and reads from a prior court ruling on just this issue. Judge Coen tells the parties, “As it stands now (the subpoenaed documents), it’s open to all sides.” I believe Levine argues that he wants to see it first to determine if it will be used as work product. Judge Coen argues with the defense on the merits of his argument and Levine submits to the court’s ruling. Levine agrees to turn over a copy of the documents to the people. The people ask the judge for control of the document, maybe not feeling that the defense will actually make them a copy (or maybe even a full copy) of what they subpoenaed. Judge Coen turns down that request reminding the people that they are all officers of the court.

The motion by Sementilli's counsel to have property seized by the LAPD during the search warrant returned is addressed. Also attached to the motion is an “errata” page. The court asks, “Any objection by the people?” Initially, the people say no, but then DDA Silverman raises several objections to issues with the motion and order Judge Coen will sign. The motion is not within the LAPD guidelines. The motion must specifically state the item number of the property to be released. Additionally, DDA Silverman states the motion is requesting items #12 and #13. She informs the court and defense counsel that those items, laptop computers, were already released to the defense months ago.  DDA Silverman has one last item. The order must show the items are released to a particular person.



Levine states he will provide the correct numbers of the items and make the needed adjustments. Judge Coen states he will sign the original order and adjustments will be made to it. He is not going to sign several orders.



Then Simmrin addresses the court. My notes are not clear, but I believe Mr. Simmrin was speaking to the court for the following. When Mr. Baker came to court with him today, he had an envelope with personal writings in it. It was confiscated by the sheriff’s deputies.  Upon reviewing the tape of the last hearing ..

[I believe Simmrin is referencing video tapes from the jail custody area.]


[7/1: I believe Simmrin is referring to the Sheriff's review of the video tape. Sprocket]

Ms. Sementilli may have passed a yellow envelope to his client, Baker. Simmrin is not sure of the basics. He is not sure if that is the envelope that was passed (at the last hearing). 



Right after that I have a note that Judge Coen addresses the parties and states he “... knows very little ... Sargent Westphal seized the items.” 



Levine addresses the court and states he wants to see what was confiscated. Judge Coen rules, “I’m not going to order that. ... This is Mr. Simmrin’s game.” Judge Coen adds that it’s up to Mr. Simmrin if he wants to share the contents with Mr. Levine.



Simmrin asks the court, “How do we know that these are the items?” Judge Coen tells Simmrin, “You’re allowed to look at the items. ... It’s a sheriff’s issue.”

Judge Coen goes onto explain that there are certain procedures for clearing defendant documents that are brought to the courthouse. 



Levine brings up a discovery issue. Levine informs the court that the people turned over new discovery documents to the defense today. They want to come back in 30 days to set a trial date and urge the people to turn over all their discovery.  Levine appears to be pushing the court to force the people to turn over all discovery immediately.



Judge Coen reminds Levine that this is a two defendant case and that his concern’s are with Mr. Baker. Baker’s counsel may not be ready. Simmrin addresses the court and states he’s not even through all of his discovery. He has DNA analysis, phone evidence. Simmrin tells the court, “I don’t expect to be ready within a month.”



I believe Levine at some point mentions severing the cases (so his client can get to trial faster) and Judge Coen reminds counsel that we are far from that at this point. 

Then the parties try to come up with a return date that works for everyone, including the court. They will return on July 30, 2018 at 8:30 am.



That’s it for the court. Judge Coen leaves the bench. Both defendants are brought back into custody. However, all the counsel stay at their tables. No one is getting up. The prosecution team and the detectives are in conversation. 

I’m concentrating on the prosecution team, and I believe I hear DDA Silverman say, She’s in a whole ‘nother world. I’m not positive that’s correct, but I believe that’s what I heard her say.

8:58AM
Judge Coen is out of his robes and is standing at his clerk’s desk.  Levine comes over to DDA Silverman and says something. I hear DDA Silverman respond, “Absolutely.”

A few minutes later, the regular bailiff and Sargent Westphal come back into the courtroom. The regular bailiff is holding several blue latex gloves. Sargent Westphal and Simmrin both put on a pair of gloves. Afterwards, Sargent Westphal, properly gloved, I believe, pulls out an envelope from the bailiff’s desk. It’s a large 9x12 manila envelope that looks like it’s bulging a bit in the middle. It’s something much larger than I had originally envisioned. I was thinking of a simple, #10 letter envelope that may have been passed.

Simmrin starts to pull out whatever is in the manila envelope. As he does that, the prosecution team and their interns get up and leave the courtroom. I follow them out.  The form a huddle on the other side of the hallway. I sit across the hall, a polite distance away. I cannot hear what they are discussing.



9:09AM
Both defense teams leave the courtroom. Not long after, Sargent Westphal and the two LAPD detectives exit the courtroom. Sargent Westphal still has his hands gloved and is holding the envelope in one hand. The officers and the prosecution team leave together for the elevator bay.

Just as we are entering the elevator bay, DDA Silverman is stopped by a young Dateline reporter. DDA Silverman tells her she has no time to talk. I believe I hear DDA Silverman state to Sargent Westphal: I want to know how this went down and why. I believe that is what I heard. The wait for an elevator is long so Sargent Westphal takes the detectives and both deputy DA’s down the stairwell. The interns are left behind. 

And that’s it for today’s hearing.


Next hearing is July 30, 2018 at 8:30 AM

The next post on this case can be found HERE.

Monica Sementilli & Robert Baker Case, Pretrial 3

Previous post can be found HERE.

LAPD Booking Photos

June 5, 2018


I took the train into downtown LA today. Having a senior TAP card now makes a huge difference in my travel budget. 



The 9th Floor

It’s practically empty at this time. At the other end of the hall, there are five adults spread out and two children.

8:21 AM
DDA Melissa Opper arrives with the two LAPD RHD detectives.  Once they see me they back away to talk privately.

 Later, they greet Mr. Simmrin who arrived at the same time.  Mr. Simmrin says hello to me and asks, “How are you?”



DDA Silverman is not here. She may not be coming today.

DDA Melissa Opper is wearing a black skirt suit. She’s carrying a really nice over-sized black leather type bag on her left shoulder. She’s wearing a dull, cream colored heels. Melissa is an attractive petite woman. I have passing thoughts of envy on the tiny clothes petite women can wear.

8:28 AM
Semetilli’s defense team arrives. Levine, Burke and three other assistants. One of the party is a man that appears quite young. He stands back from the group. I see the phone expert and a man with gray hair. Simmrin approaches them and they meet and chat.

We are still waiting for the door to be opened. A court clerk comes out and opens the door. The defense team enters first.  DDA Opper and the detectives remain in the hallway. A moment later the prosecution team heads inside and I follow after.


Inside Dept. 101

This hearing was shorter than last week.

The detectives take seats in the well in front of the jury box. The gray haired gentleman who was with the defense team sits in the spot I usually sit in. I walk through the third bench row to get to the second row and sit beside him. 

He's wearing a blue shirt with a green tie. Defense counsel are conferring with DDA Opper in the well about their next hearing date. June 27th is suggested. After Mr. Simmrin chimes in the date is changed to June 28th for a discovery update status.



Levine asks DDA Opper, “Do you have a position on ....” I’m guessing it’s the Sementilli motion to release the estate items taken in discovery back to the estate.” All I catch of DDA Opper’s response is “She’s in trial right now.”

I don’t recognize the clerk over at the court clerk’s desk. The young man with the defense team sits in the gallery but on the opposite side of the aisle from where the older gentleman with gray hair is sitting.


Judge Coen is quick. He’s in his robe already. The court reporter is at her desk. Judge Coen asks DDA Opper if she is by herself. She replies, “... just me today.”

Levine is asking DDA Opper off the record if they want to come back next week on “...just this one issue.”  There is a short lull. We are obviously waiting for the sheriff’s to bring the defendant’s in.



Judge Coen asks DDA Opper, “Did you get their motion?” “No, I did not,” she replies. I believe it’s Simmrin who informs the court the DDA Silverman is in trial. I find out later that Beth is co-counsel with DDA Tannaz Mokayef in the Blake Leibel case at the Airport Courthouse. Jury selection started today. It’s a pretty gruesome case that you can read about in this Hollywood Reporter article.

Judge Coen wistfully asks, “Is discovery ever going to end?” Simmrin tells the court, “I still have another whole batch of DNA data...” Looking over at the jury box, the two detectives are having a conversation. DDA Opper and Levine chat. The bailiff comes out. Levine addresses the court. “Once they bring her out could we just have one minute?”

A young woman enters and sits in the row behind me. 



8:39 AM
We are still waiting on the sheriff’s to bring the defendant’s out. A bailiff gets a chair ready for Sementilli. This clues me that she will be brought out first, like before. 

Once Semetilli is brought out, her two counsel huddle around her. Levine and Berk are smiling when they greet her. Berk’s greeting sounds especially warm to her client.


Baker is brought out quickly after Sementilli. Since I was concentrating on the huddle, I did not see him walk into court. Simmrin and Baker chat. Because of how Simmrin is sitting, I cannot see Baker’s face from where I am sitting. His hair is still real short.

The court goes on the record that all parties are here except Ms. Silverman. The court indicates there is a motion by Sementilli to return property.  Ms. Silverman may have new discovery. The next hearing date is June 28 and the case calendar will be set at zero of 60 on that date, set a trial date and resolve all discovery issues.  Judge Coen mentions that Mr. Simmrin has DNA issues (which might delay all the discovery being resolved).

Then DDA Opper informs the court of all the items that they have recently turned over to the defense. I try to list all the items she talks about but I’m not fast enough. She mentions an LAPD DNA report from 5/15 of this year. The LAPD DNA file was all on CD and given to defense. There is a CD that was turned over from raw (electronic?) data; Number 2 and links to the bodycam (video?) and also provided a hard drive. (On the hard drive?) 126 folders to each counsel. 



DDA Opper continues. Folders 4-21 were raw data folders (requested?) by Sementilli counsel. There may be discovery in the folders that have already been received. Number 2 of discovery email sent to us. There is an item the defense as requested, Number 90. DDA Opper states number 90 is a computer mouse and they will not be providing that to the defense. Levine responds with something but I miss it and DDA Opper states she did not understand what counsel was talking about.



DDA Opper continues informing the court of the discovery the people have turned over. (Regarding) (evidence?) numbers 68 to 88, the extraction of those items not complete yet. The people will have an answer later this week. Item number 150 counsel (requested? provided?) on a hard drive. The people also provided every phone record ... (and I miss the rest of Melissa’s statement on this). DDA Opper tells the courts that items five and six, they may be password protected. She adds a bit more context that I did not catch.

Levine tells the court that they are “... trying to resolve as many items informally as possible.” I believe he tells the court item number 80, they are no longer seeking. Levine tells the court, “We’ve asked for extractions from Ms. Sementilli’s phone for some time now.”



Counsel go back and forth a bit more about discovery. Simmrin tells the court about (I believe) a disclaimer statement that accompanies the bodycam video, and it’s an issue that’s been litigated in other courtrooms/cases before.

And that’s it. When I get up to leave, I see 48 Hours producer Greg Fisher in the back row. He arrived late and asked me what he missed.  Ms. Berk addresses Fisher about something and I hear him say, “Sure. I’d love to.”



I wait a bit in the elevator bay for Greg so I can catch up with what he’s working on but I decide to head down to the cafeteria to write a bit and read my email. While I’m in the cafeteria, Ms. Berk, the gray haired gentleman and their phone expert sit at a table not far from me and start to chat. About a half hour later, they are gone. 



Next post on the case can be found HERE.

Monica Sementilli & Robert Baker, Pretrial 2

Previous post on the case can be found HERE.

Fabio Sementilli 

Source: Dearhairdresser.ca

May 9, 2018
It was a very quick hearing today.

It's 8:15 am when I arrive on the 9th floor of the downtown Los Angeles Criminal Court. There was a line of 10 people at the security station. The sheriff's deputies are trying to figure out why alarms are going of on the scanner. As we wait, the line continues to grow. A technician shows up but the problem isn't solved. The deputies start to move people through the line, manually looking through bags. That lasts a few minutes and is eventually abandoned after I hear a sheriff deputy say something about jurors and that everyone went through a scanner when they entered the building on the first floor.

Before 8:30 am, Dept. 101 it's already open. Judge Coen is out of his robe and behind his clerk's desk. Baker's defense attorney, Michael  Simmrin is in the well and chatting with the court. I take my favorite spot at the end of the second bench row.

Sitting in the well of the court is a tall bald man wearing a black suit. With him is a very young boy, around three or four years old. The little boy looks around, sees me and smiles. I smile back. He's very curious, looking around at everything. I'm wondering if there is another case that will be heard before the Baker/Sementilli case. After a moment, I hear the bald man mention the word "chocolate". He then gets up, goes to the candy jar on the edge of the clerks desk. He comes back to his seat beside the young boy and opens up his hand, offering him a piece of candy.

8:30 AM
Leonard Levine and Blair Berk arrive. They greet Judge Coen and chat with Simmrin.

8:32 AM
DDA Beth Silverman arrives. Beth is wearing an outfit I've seen before. A black dress paired with a loose, gray and white flecked jacket. The jacket has tiny frills along the seams and several flairs at the hip.  A moment later Terri Keith from City News arrives and takes a seat in the row directly behind me. We exchange hellos.

8:34 AM
It happened quickly. Judge Coen is in his robe and on the bench, but I don't think he's called the case on the record yet. The defendants have not been brought out. DDA Silverman and Simmrin are in a conversation. Simmrin is signing a document for her, probably for receipt of discovery. DDA Silverman and the defense attorneys are talking evidence. I believe DDA Silverman is telling Levine that he needs to provide her with a drive to receive the next batch of evidence. DDA Silverman answers a question from one of the defense attorneys with, "You should have received that in discovery batch number four."

I believe counsel tells the court they are ready to go. Terri Keith leaves for a moment then comes back. The bald man with the young boy instructs the boy that they are going to move from the well of the court to the gallery. They take a seat where police officers often sit, in the front row of the short aisle beside the bailiff's desk. Levine is having a conversation with his tech expert.

The bailiff brings out Monica Sementilli first. As with all defendants I've seen brought into court, the bailiff handcuffs her to the chair. She sits in the same seat as the last time. Her attorney Berk is directly to her right and Sementilli leans to speak to her. Levine is to the right of Berk. Sementilli looks no different than the last hearing, wearing a blue jumpsuit. I believe there was some misunderstanding about my description of Sementilli's hair. She does not have gray hair. She has dark brown roots. The ends of her hair are a lighter, reddish blond color. On the LASD inmate locator website, at the time of her arrest, the color of Sementilli's hair was listed as BLN (blond).

Baker is brought out next and placed in the same seat as before, at the end of the table and facing the jury box. Simmrin is to his right. The case goes on the record.

DDA Silverman informs the court that copies were made of the SUNLIFE documents and given to the defense. The originals were returned to the court. She informs the court they are working on getting all the discovery to the defense and that the defense has asked for a second type of "extraction". I believe she means on other devices that were seized in the search warrant.

Judge Coen asks the parties "What do we do now?" The parties inform the court they would like to return on June 5.  Levine tells the court that they want the court to set a "cut off date" for the prosecution to get all the discovery to the defense.

DDA Silverman informs the court, "The court is aware ... counsel has asked for a different type of extraction on several devices." DDA Silverman tells the court the defense wants this on more than "30 items".  The people are still working on their standard, recommended type of extraction that they do. The last thing that they will do will be this extra extraction request for the defense.

Levine tells the court they are almost a year out from arrest and they don't have all the discovery yet. Simmrin tells the court that he is no way ready. He's only been representing his defendant for five months. "I need time to prepare." He has a DNA analyst who is asking for more information and more time. He also has a cell phone expert.

The court asks all parties if they agree to come back on June 5 and set the case calendar on that date as zero of sixty. June 5 is set for a discovery status update.

Levine brings up to the court that there are a number of items seized that were "outside the search warrant". He would like the court to order them returned.  The court answers, "I"m not going to do this like this."  Levine states that the executor of the estate informs him that the items seized were community property. Levine is asking if the items can be released to the estate.  The court informs Levine to write it up in a motion and he will sign it.

DDA Silverman states that, like she's mentioned to the court, she has discussed the discovery issues ad nauseam through emails to defense counsel.

And that's it for the hearing.

The next post can be found HERE.

Note from Sprocket
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