Thursday, February 1, 2018
Potential New Cases
I
wasn't really planning on going into downtown LA on Thursday since
there is a Gargiulo hearing on Friday. However, once I got the sales
taxes paid and the DA's calendar for the next day showed up, I thought I
would take a look. I just wanted to see if there was anything
interesting. There were several cases downtown that piqued my interest.
Suge Knight was on the calendar for two courtrooms. A week ago, I was
talking about the Knight case with my writing partner Katie. I haven't
really followed the Knight case so I didn't know if that was a typo on
the calendar or if he really did have two cases trailing each other in
different courtrooms. The last news article I read said the murder trial
was scheduled for January 8, 2018, but here it was February and the
case was still in pretrial hearings.
Also on the
calendar was a listing for "continuing defense testimony" in Judge
Fidler's courtroom. I was surprised. I thought the death penalty case
that started in late October was supposed to be finished in early
January, making way for the Gargiulo case. But again, here it is
February and the defense is still putting on testimony. It is a cold
case murder and alleged MS-13 gang affiliation. There are four
defendants.
There was a preliminary hearing
in Dept. 41, Judge Villar, that piqued my interest because of the
Deputy District Attorney assigned. It's John McKinney with the DA's
Major Crimes Division. I had heard good things about DDA McKinney but
had never met him or followed one of his cases. This might be a good
time to drop in and see what his case was about.
Best Laid Plans
I
didn't sleep well Wednesday night. I did wake up in plenty of time to
get to court, but I felt so out of sorts I debated with myself for
almost an hour on whether to go or not. I got a late start out the door
and didn't make it into downtown LA until after 9:00 am. I arrived on
the 9th floor around 9:15 am.
Suge Knight, Dept. 101 Judge Coen
Full disclosure. I know
very little about the case other than Knight has gone through a slew of
attorneys. He is charged with murder, attempted murder in one case
(TA136401 ) and charged with robbery in another (SA089020). Those cases
are in Dept. 101. Knight is also charged with making criminal threats
(BA452832). That case is in Dept. 120, Judge Richman.
When
I arrive in Dept. 101, there are few people in the gallery. I make sure
the Sheriff's Deputy sitting right by the door sees my press badge as I
quietly enter. I know there probably are victim family members in the
gallery because I see a familiar face from the DA's victim support staff
sitting with them. I take a seat in the gallery beside another reporter
with a camera man. Siting at the far end of the long benches I
recognize Associated Press reporter Brian Melley. Anytime Melley covers a case you can expect an excellent story. Here is his write-up on the hearing today.
By
the tone I'm hearing from the bench, it appears Judge Coen has lost his
patience with one of the attorneys at the counsel tables. I'm not sure
who. Judge Coen is a formidable presence on the bench. (I was briefly in
his courtroom back in 2013,
when I wrote about Coen's famous file boxes.) At this point, I don't
know who any of the defense counsel are. In the well along with other DA
staff I see Asst. Head Deputy of Major Crimes, Craig Hum. It appears
it's DDA Cynthia Barnes, who impatiently tosses back a piece of paper
handed to her by the defense. After a bit of back and forth, the next
pretrial hearing date is set at February 14. I hear from other reporters
that a trial date has already been set for April 19. And that's it.
People start to file out. I get the chance to say hello to DDA Hum in
the hallway. He is kind enough to tell me that Knight's other case is in
Dept. 120, on the 13th floor.
Suge Knight, Dept. 120 Judge Richman
The reporter in the gallery of Dept. 101 that I didn't recognize was LA Times reporter James Queally, who has written several pieces on the Knight case already. Queally remembers me, and I apologized to him that I didn't recognize him.
Judge
Richman is on the bench. There are a bunch of people in the gallery.
There is a DDA at the people's table. It's clear he is hearing pretrial
hearings in other cases. DDA Barnes is in the well along with two other
DDA's that were in Dept. 101. There is a small child, no more than 18
months or 2 years, sitting alone at the end of the third bench row. I
take a seat in this row a little ways to the left of the child. After
awhile, a slender black man comes and sits beside the child. He's either
the dad or the guardian.
Judge Richman calls a
different case than Knight's. The defendant is the man with the very
young child. He leaves the child on the bench alone in the gallery and
takes a seat at the defense table. Judge Richman mentions the case is a
residential burglary. There's a prior fire arms conviction. I miss the
next several statements in the well because the young child is making
noises while he's sitting alone. There are several women sitting behind
the detectives on the other side of the aisle. They are trying to shush
the noisy child. Judge Richman appears to be finished with this
defendant when he asks the man, "I'll ask you the most important
question. Eagles or Patriots?" The man tells the court "Eagles."
With
this case over, Judge Richman banters with DDA Barnes in the well. In
reference to one of the DDA's with her, he asks, "Why is he here? He
look comfortable." The court asks for the parties in the Knight case. It
isn't until after the hearing I learn that the DDA on this case is not
Barnes but DDA Stefan Mrakich. I find that the older black attorney
sitting in the well is Thaddeus Culpepper. The black female attorney
sitting beside Knight at the defense table is Dominique Banos. Ms. Banos
is an attractive black woman. She's wearing a very form fitting suit
over her ample bosom. The white female attorney, Rena Wallenius, is
there representing Ms. Banos. Mr. Culpepper sits in the gallery for a
short time before taking a seat in the well behind Banos.
Judge
Richman tells Banos, "I think I read your declaration." The court tells
the press photographer he is welcome to remain. DDA Barnes tells the
court that they just set the cases in Dept. 101 for February 14,
calendar zero of 60 for pretrial. She tells the court the murder trial
has been set for April 9, 10 for jury trial. The robbery case is also
set for February 14, calendar at zero of 60. Judge Richman sets Knight's
case in his courtroom for the same date at zero of 30. DDA Barnes
suggests the court sets the calendar in Dept. 120 the same as Dept. 101
(zero of 60 as of 2/14).
Judge Richman responds. He
appears to be giving DDA Barnes a bit of friendly banter. "Judge Coen
doesn't report to anybody. Judge Coen is a grade five. I'm just a grade
three. I have to report to people." Judge Richman sets Knight's case at
zero of 30 for February 14 and orders the defendant back at 8:30 am. The
setting of the case calendar is all that DDA Barnes is here for. She
then hands the presentation over to DDA Mrakish who presents to the
court their conflict of interest allegation regarding Ms. Banos. The
court comments that there are lawyers for the lawyers here. DDA Mrakish
tells the court that he doesn't have a lawyer here.
Ms.
Wallenius interjects on the conflict of interest allegation by the
people by telling the court, "I am not a potted plant! The people have
not filed a motion [regarding the conflict of interest] ... or on the
perjury matter."
DDA Mrakish outlines for the court
that sometime prior, Knight's phone privileges at the jail were
restricted. He was only allowed to call his attorney. There were no
3-wall calls allowed. Mrakish tells the court [I believe] about a phone
call between Ms. Banos, Knight and someone with a production company.
Knight used the booking number belonging to another inmate to make the
call, after the phone restrictions were put in place. DDA Mrakish states
there is a potential conflict of interest between Ms. Banos and Knight.
He is here to get a waiver from the defendant.
While
this is going on, Knight has spun around in his chair. For a while
there, Knight was spinning his chair a bit from side to side. Now he's
turned it completely around, facing away from the judge and is speaking
to a deputy sheriff standing behind him. Judge Richman stops the
proceedings to ask if Knight is paying attention to what is going on.
Knight spins back around and faces the court.
DDA
Mrakish tells the court the production company may be paying Ms. Banos's
fee. It creates a specter of conflict. Mr. Knight has a "... right to
have conflict free counsel" DDA Mrakish argues. Judge Richman tells the
parties, "I'm just a small piece of a tail on a really big dog here."
The court addresses the defendant. "Do you want Ms. Banos to continue to
represent you?" Knight adamantly tells the court, "I'm not making a
waiver." The court patiently continues to address the defendant. "Assume
what the DA says is true. Do you want Ms. Banos to continue to
represent you?" Knight replies, "Yes."
Judge Richman
states that they are done here. There is no signed waiver, just a verbal
waiver from the defendant. There's only one other question the court
asks Knight. "Patriots or Eagles?" Knight makes his choice. There are a
few more off the cuff comments from the court, something about Judge
Ryan. Then Judge Richman addresses the defendant again. "Do you know the
song, Drowning on Dry Land?" Knight replies, "Yeah." If I recall
correctly, the court tells the defendant the song reminds him of
Knight. There are a few more statements by the court that I miss.
Ms.
Wallenius interjects and addresses the court. "What she [DDA Barnes?]
did in the last courtroom is reprehensible! ... The people are
suggesting Ms. Banos has broken the law! ... I'm asking the court to
make a finding she has not broken the law." Ms. Wallenius continues to
argue with the court. The court responds, "You're bordering on
contempt." Ms. Wallenius appears to back down from that and tells the
court that the DA has made an allegation. The court responds, "I've not
made any finding nor have I assumed anything." Judge Richman has had
enough and that's it for the Knight hearing. Out in the hallway I get
the names and correct spelling for all the counsel in this hearing.
Dept. 106, Judge Fidler
I head back down to the 9th floor to
see if the trial in Judge Fidler's courtroom has resumed. Peeking
through the window in the door, I see there's no one in the courtroom. I
then head to the 3rd floor for Dept. 41.
Dept. 41, Judge M. L. Villar - Artyom Gasparyan preliminary hearing
I
quietly enter Dept. 41. I make sure the bailiff sees my press pass. The
courtroom gallery is almost completely empty except, I see Terri Keith
from City News. Terri is one of my favorite reporters. She has a tough
job and she does it quite well. Terri gives me a smile and scoots over
so I can take a seat beside her. I note that Judge M. L. Villar is a
woman.
Summary: Artyom Gasparyan is charged with 32
counts stemming from a crime spree that began August 5, 2015 and ended
with the defendant being shot and apprehended on January 4, 2016.
Gasparyan is charged with murder, several counts of attempted murder,
robbery, and other crimes. This appeared to be a one man crime bonanza.
A total of eight victims were shot, one fatal.
The
parties are at the tail end of the preliminary hearing where the court
is making their ruling. I've missed the closing arguments for both
sides. For the moment, all I see is the back of the defendant. He hair
is jet black, past his shoulders. Although the defendant is in a
wheelchair beside his attorney, I can see from his body movements that
he isn't paralyzed. He's able to move his lower body quite well. DDA
John McKinney is at the prosecution table. He is a tall, handsome black
man. By the end of the prelim, the DA's office amended their original
complaint, removing two charges and adding three. The court is detailing
the evidence that was presented by the people. There were 133 exhibits
presented in the course of the prelim and numerous witnesses. Judge
Villar mentions GeoTime® mapping is a game changer. Not only place, but
routes, times and place. It's illustrative to the court but not
persuasive to the court. The court continues with the other evidence
admitted that connects the defendant to the charged crimes. The court
states, "Nine millimeter casings at crime scenes; multiple witnesses
identified the defendant and vehicle." Judge Villar adds that the
GeoTime® mapping [indicates the defendant?] to have been at these
locations. "The forensic evidence, more than sufficient that ... [the
defendant] will be held to answer."
That's it. Judge
Villar rules that sufficient evidence was presented for the defendant be
bound over for trial. There will be a hearing in Dept. 100 (Master
Calendar Court) in two weeks. That's probably for assignment to a
courtroom. When the defendant is wheeled out, I can see that his right
arm is wrapped and in a sling. I can't remember if it was before or
after Judge Villar adjourned the hearing when she specifically addressed
the detective(s) by name and complimented them on their work.
Outside
in the hallway, Terri Keith asked DDA McKinney several questions about
the case and I listen in. The defendant's vehicle was equipped with a
stand alone Garmond GPS. In was mounted on the dash. The crime spree
occurred in neighborhoods all over Los Angeles County. Los Felitz,
Glendale, West Hollywood, Burbank, Harbor, Mission, Woodland Hills,
Wilshire, and Carson were some of the locations of the crimes. The
murder victim occurred in the inner city and the motive isn't clear. He
encountered the defendant for a short period, just seconds. It's
possible that the victim was in the defendant's way. From December 29th,
2015 to January 1, 2016, the defendant had a co-conspirator (Daniel
Ramirez? spelling?). Once together, they stayed together in the vehicle.
The co-conspirator killed two people and then shot himself.
I
asked DDA McKinney how long he's been with the Major Crimes Division.
He tells me since 2011. After the chat with DDA McKinney, I head back up
to the 9th floor.
Dept. 106, Judge Fidler - Alleged MS-13 gang murder case; 4 defendants, 2 juries
When I step into Dept. 106, the gallery is empty. The only person in
the well is Judge Fidler's clerk, Wendy. The case that started in late
October has gone long. The DDA on the case is Dayan Mathai. DDA Mathai
is also leading the big insurance fraud case against Kelly Soo Park and a
slew of other defendants, also pending in Dept. 106. Lonce LaMon at adjuster.com has been posting detailed reports on the insurance fraud case pretrial hearings.
For
the murder case, the parties are still in the case-in-chief. No penalty
phase has started yet. There are four defendants and two juries. The
victim is Jacqueline Piazza, 13, who was raped and murdered in June
2001. One jury is hearing the case against Jorge Palacios, 39. The other
jury is hearing the case against Santos Grimaldi, 35, Melvin Sandoval,
38, and Rogelio Contreras, 40. Grimaldi and Sandoval are facing the
death penalty. If either one is found guilty, there will be a trial to
determine penalty.
Wendy tells me they are in the
defense case for one of the defendants. The parties and court are
hopeful to start closing arguments on February 20. There will be
separate closings for the defendants.
I ask Wendy
about the Michael Gargiulo case. She tells me the parties passed on
being the next case up on Judge Fidler's calendar. After so many
courtrooms in one day, I head back home.
Previous hearing on the Gargiulo case can be found HERE.
Next hearing on the Gargiulo case can be found HERE.
Showing posts with label Cynthia Barnes. Show all posts
Showing posts with label Cynthia Barnes. Show all posts
Saturday, February 3, 2018
Going to Court: Suge Knight, Artyom Gasparyan's Alleged Crime Spree Prelim, Alleged MS-13 Gang Death Penalty Case & Michael Thomas Gargiulo
Sunday, March 22, 2015
Michael Gargiulo Case, Pretrial Hearing 26; Suge Knight Collapses in Court
Exclusive T&T Gargiulo Case Coverage.
March 20, 2015
There was quite a bit of excitement on the 9th floor of the downtown criminal court building. It was a hearing in another courtroom that ended up all over the news. I’ll share what I observed a bit later.
8:30 AM
I didn’t get to the 9th floor until quite late. It’s because I’m worrying about Mr. Sprocket and how’s he’s feeling. Yesterday morning, Mr. Sprocket stepped out side to get something out of his White Whale Work Truck. We’ve had many overcast mornings and there was a bit of condensation on the front steps. Mr. Sprocket slipped and went flying into a large terra cotta pot in the front yard.
I was sitting at my computer when I heard moaning sounds coming from the porch. Mr. Sprocket was in the front yard on his back, the large pot was on its side and there was blood on Mr. Sprocket’s face and ear. He had a scraped knee, scraped shoulder and his ear was cut. Most frightening was directly beside his right eye, I saw several cuts and a quarter sized bump that continued to swell. Fortunately, he did not pass out.
Mr. Sprocket is feeling much better now, although it does look as if someone gave him an eye punch and not a clay flower pot.
Michael Gargiulo Hearing
In the elevator, I rode up with Pat Kelly from the Superior Court’s Public Information Office. She’s headed for Dept. 101, the opposite direction I’m going. As I walk down the left wing hallway towards Dept. 108, I see defense investigator Chris Nicely in his regular bench spot. He’s wearing one of his sweater vests that look quite nice on him. At the very end of the hall, I see DDA Garrett Dameron opening the door to Dept. 108, Judge Ohta’s courtroom. I give a smile and wave to Nicely as I pass and follow Dameron in. I had heard earlier that DDA Akemon would be off this week.
I take a seat next to the aisle in the second bench row. One of the first things I notice is there are two black and white photographs on the wall directly behind Judge Ohta’s bench. From where I’m sitting, I can’t tell if they are photographs, or black and white drawings. To Judge Ohta’s right (my left) is a classic portrait of President Lincoln. On the other side is a portrait of President Teddy Roosevelt.
When Nicely enters, he takes the bench seat directly behind me. There are several counsel in the well for another case in front of Judge Ohta. There is a new court reporter in front of the jury box. The tin of Red Vines is still on the edge of the clerk’s counter, next to the right wall.
Against the back gallery wall, next to where the wood bench stops are some nice, modern looking red and gray chairs. The seats are red and they are padded. I can’t recall those chairs being there before, but I could be mistaken. Usually, when courtrooms need extra seats, the bailiff’s pull out of storage these metal and plastic interlocking chairs. These new chairs are much nicer.
Judge Ohta calls another other case to order. There is no defendant in court, just counsel, and Judge Ohta is not in his robe. Judge Ohta asks the parties if they have any additional arguments beyond their motions. Both counsel decline to add oral arguments. Judge Ohta then slowly and methodically, steps through the facts and arguments to support his ruling.
As I listen in, I try to grasp all the particulars. It’s a habeas petition and the issue today being decided is limited to an evidentiary issue and whether or not some material is discoverable and if the evidence can be released to “non-qualified individuals.” Judge Ohta mentions that the petitioner filed a “transverse.” The case relates back to May 2007. From what I’m understanding it appears the defendant was tried and sentenced to death row. The defendant is now claiming to be mentally challenged. The court ruled the contested documents would be turned over.
9:11 AM
LA County Sheriff’s Detective Mark Lillenfield arrives. He smiles and gives me a little waive as he walks past and enters the well. I don't personally know Detective Lillenfield but I feel as if I do. I've seen him in the witness chair in several trials over the years and I've really enjoyed listening to him testify in those other cases.
Almost right behind him is Gargiulo’s defense attorney Charles Lindner. Lindner is assisted by his son Abe, who also serves as his paralegal. Abe is in law school, but I don't know if he has graduated yet. I believe Abe has long hair. I’ve only seen it pulled back into a tight, compact bun at the nape of his neck, so I don't know how long it might be. DDA Dameron greets Lindner. They then head to the ante chamber to chat privately.
9:25 AM
Lindner and DDA Dameron come out of the ante chamber area. Nicely gets up to speak privately with Lindner’s paralegal by the jury box. DDA Dameron, Lindner and Detective Lillenfield chat in the well about possible additional discovery. Is there additional information that the defense thinks is out there.
Judge Ohta puts on his robe. To me, it appears that Judge Ohta’s hair has grown out a bit and I like it much better than when it's cut shorter. There’s a bit of discussion among counsel and the court on the previous case. Habeas cases actually bypass the Courts of Appeal and go directly to the California Supreme Court. They take a long time to wind through the courts. The Habeas Corpus Resource Center, provides counsel to individuals on death row.
Lindner rolls his wheelchair over to where the Red Vines tin is and takes a few. I’m a bit envious and nostalgic aa I watch Lindner chomp down on the candy. I think back to the times when I used to eat them. However, Red Vines are made from corn syrup and wheat, foods that contain known lectins. The wheat and corn lectins are inflammatory to my blood type, so I don't eat Red Vines anymore.
Judge Ohta has sports on his mind and chats with counsel about their “picks.” (I believe the court is referring to “March Madness” the NCAA championships.) The Michigan State team is mentioned.
From where I’m sitting, I can see a short distance down the hallway behind the clerk’s desk. I see Judge Lomeli (whose courtroom is right next door) walk by. Judge Lomeli’s clerk also comes into view and hangs out in the doorway beside Judge Otha’s clerk’s desk. I catch Judge Lomeli's clerk's eye and give them a smile.
9:40 AM
We are waiting for the sheriff’s to bring Gargiulo out. Lindner asks for Nicely to join him at the defense table. When Gargiulo is finally brought out, it appears he has a long-stride limp. His head is completely bald. To me, his face looks a little fuller, like he might have put on some weight.
The court calls the case and asks parties to state their appearances for the record. Lindner tells the court he is preparing his 995 motion, which is a motion to dismiss. I believe he states that he will file it in about two weeks. Court and counsel discuss the timing of returning, as well as how much time the people will need to review the motion and respond. After a little back and forth, the next hearing is set for April 24th, for further pretrial.
If the 995 motion is filed in two weeks, then that would give the people two weeks to go through the motion before they return to inform the court how much time they will need to formally respond.
I believe it’s Dameron who informs the court of a potential roadblock to trial, and that’s the fact that a second counsel has not been reappointed by the court.
When a defendant is facing the death penalty, California law requires that he be represented by two counsel. The only time that I'm aware of where a defendant facing death would not have a second counsel is when they are pro per. I believe the logic behind it is, one counsel to argue the guilt phase to a jury, and another attorney to argue the penalty phase.
This issue needs to be resolved as soon as possible. My understanding is, that attorney is assigned through another courtroom.
I believe Lindner informs the court that the attorney that is tentatively assigned is very familiar with the facts of the case. I believe he states it’s Mr. Rubin. (Mr. Rubin was prior co-counsel before Gargiulo went pro per.) Lindner informs the court that a meeting is scheduled for April 2. The court asks that Lindner give a status on assignment of co-counsel when they return on April 24.
Gargiulo was silent throughout the entire proceeding.
Suge Knight Bail Hearing - After the “Collapse”
When I exit the courtroom, there is a mass of media at the other end of the hallway.
At the same time as the Gargiulo hearing, there was a bail hearing for Marion Suge Knight in Dept. 101, Judge Ronald Coen’s courtroom. Knight, the founder of (now defunct) Death Row Records, was recently charged with hit and run murder and attempted murder. (LA County DA’s felony complaint) In early February, Knight was initially arraigned at the Compton Courthouse but the bail hearing was transferred to the downtown criminal court building.
At today's bail hearing, the DA’s office was requesting Knight’s bail be set at 25 million, an unprecedented amount. I was wondering why everyone was still in the hallway. I thought the hearing would be long over by now. (Here is the most complete video I could find of the hearing.)
Towards the center of the hallway, a court spokesperson is speaking to a group of reporters, including City News’ Terri Keith, LA Times’ Marisa Gerber and Local NBC 4’s Patrick Healy.
Listening in, I hear the words “slumped down.” Apparently, Knight passed out in the courtroom and the sheriff’s ordered everyone out in the hallway. That’s why everyone was there. Judge Coen did grant the DA’s motion of 25 million bail. The question in my mind was, did anyone see Knight fall? Was the fall filmed?
I headed towards Dept. 101, looking for other familiar faces. I see a man wearing a 8”x11” red and blue sign around his neck that says ABBA Bail Bonds. Every bench seat was filled with reporters on cell phones, writing notes, or on their laptops, reviewing photos or video. Interspersed between the journalists on the benches were people wearing juror badges.
There were two seated journalists on laptops that had a group around them. My guess was, these two probably got the first download from the cameras. I observed microSD memory cards being passed and returned as journalists were waiting to get the video copy. I try to peek over shoulders to see if there are any images of the fall on the laptop screens. A seated male reporter nearby with a laptop initially states (referring to Knight’s fall) “it’s on video.” I hear snippets of conversation. Some journalists state Knight “hit his head” as he fell.
Over by the door to Dept. 101 is a group of people asking if Knight’s family can go back inside. The bailiff is shaking their head. No one is allowed inside. This family group moves down in masse to the center of the long hallway and several journalists move in to ask questions. One of the family members yells for the media to leave them alone and give them privacy. The journalists slowly back away.
At some point, the PIO spokesperson calls out to the media “no photography in the hallway.” I hear one journalist state we will have to take a photograph using our brains. As I was walking beside reporter Marisa Gerber I so wanted to ask her if she saw Knight fall. However, Marisa was so intently typing her notes on her cell phone that I didn't want to be impolite and interrupt her concentration.
Fire Department paramedics arrive on the 9th floor with a gurney and head towards Dept. 101. Seeing the paramedics, a few journalists think Knight will be taken out of the building via a private elevator (possibly the freight elevators) but I’m not sure. It probably depends on where the ambulance is parked. It could be on 9th Street. It could also be via the freight or private elevators where the Sheriff’s bring in-custody defendants in and out of the building.
As I decide what to do, I overhear conversation that Knight’s new defense attorney, Matthew Fletcher, will address the media on the 12th floor elevator bay, the spot where the DA’s office usually speaks. That location quickly changes to “outside,” meaning the Temple Street plaza. (Fletcher's press conference was held on the 12th floor.)
Not knowing how long it will be before Fletcher would speak to the press, I decide not to wait and head over to the PIO to pick up documents I'd ordered in the Cameron Brown case and then head home to work on invoices for Mr. Sprocket.
Searching the web over the weekend, I could not find any video of Knight falling.
While I was on the 9th floor, I was overhearing snippets of conversation about what happened. The best I could gather at the time was, the event happened after the hearing was over and Judge Coen was probably off the bench. If Judge Coen had left the bench, that would mean the cameras had probably stopped rolling.
From what I overheard, it seemed Knight’s defense attorney had gone back into custody with his client to speak to him and then they both came back out and went on the record a second time. Maybe that’s why the cameras were not on Knight when he fell. A likely scenario would be, reporters were still in the courtroom, waiting for Fletcher to come back out from the custody area.
Searching the web, I listened to several media reports and watch video on You Tube. It appears I wasn’t far off the mark. From the snippets of Matthew Fletcher’s presser that I could find, according to Fletcher, Knight collapsed right as he was returning to the defense table.
Media photos show the ambulance at the entrance to the underground parking lot so it’s likely that Knight was taken out of the building through the freight elevators.
I wasn’t in the courtroom. I don’t know if the LA Times online report is accurate when it states that Knight collapsed “Just moments after ...” bail was set at 25 million. Fox News reports Knight collapsed after he was brought back into the courtroom.
The DA's daily calendar states the Major Crimes Division is handling the case with DDA Cynthia Barnes prosecuting Knight.
Daily News - Associated Press Report on Bail Hearing
ABC News - Suge Knight Charged with Murder, Attempted Murder
The Young Turks- Video Commentary
CNN - Video of Hit & Run Attack
Lady Justice - Video: Suge Knight Bail Hearing
NY Daily News - Video: Fletcher Speaks to Press
WWETV - Video of Fletcher Presser
You Tube, JOLI’s@LEAK - Different Video of Fletcher Presser
Michael Thomas Gargiulo, in custody
March 20, 2015
There was quite a bit of excitement on the 9th floor of the downtown criminal court building. It was a hearing in another courtroom that ended up all over the news. I’ll share what I observed a bit later.
8:30 AM
I didn’t get to the 9th floor until quite late. It’s because I’m worrying about Mr. Sprocket and how’s he’s feeling. Yesterday morning, Mr. Sprocket stepped out side to get something out of his White Whale Work Truck. We’ve had many overcast mornings and there was a bit of condensation on the front steps. Mr. Sprocket slipped and went flying into a large terra cotta pot in the front yard.
I was sitting at my computer when I heard moaning sounds coming from the porch. Mr. Sprocket was in the front yard on his back, the large pot was on its side and there was blood on Mr. Sprocket’s face and ear. He had a scraped knee, scraped shoulder and his ear was cut. Most frightening was directly beside his right eye, I saw several cuts and a quarter sized bump that continued to swell. Fortunately, he did not pass out.
Mr. Sprocket is feeling much better now, although it does look as if someone gave him an eye punch and not a clay flower pot.
Michael Gargiulo Hearing
In the elevator, I rode up with Pat Kelly from the Superior Court’s Public Information Office. She’s headed for Dept. 101, the opposite direction I’m going. As I walk down the left wing hallway towards Dept. 108, I see defense investigator Chris Nicely in his regular bench spot. He’s wearing one of his sweater vests that look quite nice on him. At the very end of the hall, I see DDA Garrett Dameron opening the door to Dept. 108, Judge Ohta’s courtroom. I give a smile and wave to Nicely as I pass and follow Dameron in. I had heard earlier that DDA Akemon would be off this week.
I take a seat next to the aisle in the second bench row. One of the first things I notice is there are two black and white photographs on the wall directly behind Judge Ohta’s bench. From where I’m sitting, I can’t tell if they are photographs, or black and white drawings. To Judge Ohta’s right (my left) is a classic portrait of President Lincoln. On the other side is a portrait of President Teddy Roosevelt.
When Nicely enters, he takes the bench seat directly behind me. There are several counsel in the well for another case in front of Judge Ohta. There is a new court reporter in front of the jury box. The tin of Red Vines is still on the edge of the clerk’s counter, next to the right wall.
Against the back gallery wall, next to where the wood bench stops are some nice, modern looking red and gray chairs. The seats are red and they are padded. I can’t recall those chairs being there before, but I could be mistaken. Usually, when courtrooms need extra seats, the bailiff’s pull out of storage these metal and plastic interlocking chairs. These new chairs are much nicer.
Judge Ohta calls another other case to order. There is no defendant in court, just counsel, and Judge Ohta is not in his robe. Judge Ohta asks the parties if they have any additional arguments beyond their motions. Both counsel decline to add oral arguments. Judge Ohta then slowly and methodically, steps through the facts and arguments to support his ruling.
As I listen in, I try to grasp all the particulars. It’s a habeas petition and the issue today being decided is limited to an evidentiary issue and whether or not some material is discoverable and if the evidence can be released to “non-qualified individuals.” Judge Ohta mentions that the petitioner filed a “transverse.” The case relates back to May 2007. From what I’m understanding it appears the defendant was tried and sentenced to death row. The defendant is now claiming to be mentally challenged. The court ruled the contested documents would be turned over.
9:11 AM
LA County Sheriff’s Detective Mark Lillenfield arrives. He smiles and gives me a little waive as he walks past and enters the well. I don't personally know Detective Lillenfield but I feel as if I do. I've seen him in the witness chair in several trials over the years and I've really enjoyed listening to him testify in those other cases.
Almost right behind him is Gargiulo’s defense attorney Charles Lindner. Lindner is assisted by his son Abe, who also serves as his paralegal. Abe is in law school, but I don't know if he has graduated yet. I believe Abe has long hair. I’ve only seen it pulled back into a tight, compact bun at the nape of his neck, so I don't know how long it might be. DDA Dameron greets Lindner. They then head to the ante chamber to chat privately.
9:25 AM
Lindner and DDA Dameron come out of the ante chamber area. Nicely gets up to speak privately with Lindner’s paralegal by the jury box. DDA Dameron, Lindner and Detective Lillenfield chat in the well about possible additional discovery. Is there additional information that the defense thinks is out there.
Judge Ohta puts on his robe. To me, it appears that Judge Ohta’s hair has grown out a bit and I like it much better than when it's cut shorter. There’s a bit of discussion among counsel and the court on the previous case. Habeas cases actually bypass the Courts of Appeal and go directly to the California Supreme Court. They take a long time to wind through the courts. The Habeas Corpus Resource Center, provides counsel to individuals on death row.
Lindner rolls his wheelchair over to where the Red Vines tin is and takes a few. I’m a bit envious and nostalgic aa I watch Lindner chomp down on the candy. I think back to the times when I used to eat them. However, Red Vines are made from corn syrup and wheat, foods that contain known lectins. The wheat and corn lectins are inflammatory to my blood type, so I don't eat Red Vines anymore.
Judge Ohta has sports on his mind and chats with counsel about their “picks.” (I believe the court is referring to “March Madness” the NCAA championships.) The Michigan State team is mentioned.
From where I’m sitting, I can see a short distance down the hallway behind the clerk’s desk. I see Judge Lomeli (whose courtroom is right next door) walk by. Judge Lomeli’s clerk also comes into view and hangs out in the doorway beside Judge Otha’s clerk’s desk. I catch Judge Lomeli's clerk's eye and give them a smile.
9:40 AM
We are waiting for the sheriff’s to bring Gargiulo out. Lindner asks for Nicely to join him at the defense table. When Gargiulo is finally brought out, it appears he has a long-stride limp. His head is completely bald. To me, his face looks a little fuller, like he might have put on some weight.
The court calls the case and asks parties to state their appearances for the record. Lindner tells the court he is preparing his 995 motion, which is a motion to dismiss. I believe he states that he will file it in about two weeks. Court and counsel discuss the timing of returning, as well as how much time the people will need to review the motion and respond. After a little back and forth, the next hearing is set for April 24th, for further pretrial.
If the 995 motion is filed in two weeks, then that would give the people two weeks to go through the motion before they return to inform the court how much time they will need to formally respond.
I believe it’s Dameron who informs the court of a potential roadblock to trial, and that’s the fact that a second counsel has not been reappointed by the court.
When a defendant is facing the death penalty, California law requires that he be represented by two counsel. The only time that I'm aware of where a defendant facing death would not have a second counsel is when they are pro per. I believe the logic behind it is, one counsel to argue the guilt phase to a jury, and another attorney to argue the penalty phase.
This issue needs to be resolved as soon as possible. My understanding is, that attorney is assigned through another courtroom.
I believe Lindner informs the court that the attorney that is tentatively assigned is very familiar with the facts of the case. I believe he states it’s Mr. Rubin. (Mr. Rubin was prior co-counsel before Gargiulo went pro per.) Lindner informs the court that a meeting is scheduled for April 2. The court asks that Lindner give a status on assignment of co-counsel when they return on April 24.
Gargiulo was silent throughout the entire proceeding.
Suge Knight Bail Hearing - After the “Collapse”
When I exit the courtroom, there is a mass of media at the other end of the hallway.
At the same time as the Gargiulo hearing, there was a bail hearing for Marion Suge Knight in Dept. 101, Judge Ronald Coen’s courtroom. Knight, the founder of (now defunct) Death Row Records, was recently charged with hit and run murder and attempted murder. (LA County DA’s felony complaint) In early February, Knight was initially arraigned at the Compton Courthouse but the bail hearing was transferred to the downtown criminal court building.
At today's bail hearing, the DA’s office was requesting Knight’s bail be set at 25 million, an unprecedented amount. I was wondering why everyone was still in the hallway. I thought the hearing would be long over by now. (Here is the most complete video I could find of the hearing.)
Towards the center of the hallway, a court spokesperson is speaking to a group of reporters, including City News’ Terri Keith, LA Times’ Marisa Gerber and Local NBC 4’s Patrick Healy.
Listening in, I hear the words “slumped down.” Apparently, Knight passed out in the courtroom and the sheriff’s ordered everyone out in the hallway. That’s why everyone was there. Judge Coen did grant the DA’s motion of 25 million bail. The question in my mind was, did anyone see Knight fall? Was the fall filmed?
I headed towards Dept. 101, looking for other familiar faces. I see a man wearing a 8”x11” red and blue sign around his neck that says ABBA Bail Bonds. Every bench seat was filled with reporters on cell phones, writing notes, or on their laptops, reviewing photos or video. Interspersed between the journalists on the benches were people wearing juror badges.
There were two seated journalists on laptops that had a group around them. My guess was, these two probably got the first download from the cameras. I observed microSD memory cards being passed and returned as journalists were waiting to get the video copy. I try to peek over shoulders to see if there are any images of the fall on the laptop screens. A seated male reporter nearby with a laptop initially states (referring to Knight’s fall) “it’s on video.” I hear snippets of conversation. Some journalists state Knight “hit his head” as he fell.
Over by the door to Dept. 101 is a group of people asking if Knight’s family can go back inside. The bailiff is shaking their head. No one is allowed inside. This family group moves down in masse to the center of the long hallway and several journalists move in to ask questions. One of the family members yells for the media to leave them alone and give them privacy. The journalists slowly back away.
At some point, the PIO spokesperson calls out to the media “no photography in the hallway.” I hear one journalist state we will have to take a photograph using our brains. As I was walking beside reporter Marisa Gerber I so wanted to ask her if she saw Knight fall. However, Marisa was so intently typing her notes on her cell phone that I didn't want to be impolite and interrupt her concentration.
Fire Department paramedics arrive on the 9th floor with a gurney and head towards Dept. 101. Seeing the paramedics, a few journalists think Knight will be taken out of the building via a private elevator (possibly the freight elevators) but I’m not sure. It probably depends on where the ambulance is parked. It could be on 9th Street. It could also be via the freight or private elevators where the Sheriff’s bring in-custody defendants in and out of the building.
As I decide what to do, I overhear conversation that Knight’s new defense attorney, Matthew Fletcher, will address the media on the 12th floor elevator bay, the spot where the DA’s office usually speaks. That location quickly changes to “outside,” meaning the Temple Street plaza. (Fletcher's press conference was held on the 12th floor.)
Not knowing how long it will be before Fletcher would speak to the press, I decide not to wait and head over to the PIO to pick up documents I'd ordered in the Cameron Brown case and then head home to work on invoices for Mr. Sprocket.
Searching the web over the weekend, I could not find any video of Knight falling.
While I was on the 9th floor, I was overhearing snippets of conversation about what happened. The best I could gather at the time was, the event happened after the hearing was over and Judge Coen was probably off the bench. If Judge Coen had left the bench, that would mean the cameras had probably stopped rolling.
From what I overheard, it seemed Knight’s defense attorney had gone back into custody with his client to speak to him and then they both came back out and went on the record a second time. Maybe that’s why the cameras were not on Knight when he fell. A likely scenario would be, reporters were still in the courtroom, waiting for Fletcher to come back out from the custody area.
Searching the web, I listened to several media reports and watch video on You Tube. It appears I wasn’t far off the mark. From the snippets of Matthew Fletcher’s presser that I could find, according to Fletcher, Knight collapsed right as he was returning to the defense table.
Media photos show the ambulance at the entrance to the underground parking lot so it’s likely that Knight was taken out of the building through the freight elevators.
I wasn’t in the courtroom. I don’t know if the LA Times online report is accurate when it states that Knight collapsed “Just moments after ...” bail was set at 25 million. Fox News reports Knight collapsed after he was brought back into the courtroom.
The DA's daily calendar states the Major Crimes Division is handling the case with DDA Cynthia Barnes prosecuting Knight.
Daily News - Associated Press Report on Bail Hearing
ABC News - Suge Knight Charged with Murder, Attempted Murder
The Young Turks- Video Commentary
CNN - Video of Hit & Run Attack
Lady Justice - Video: Suge Knight Bail Hearing
NY Daily News - Video: Fletcher Speaks to Press
WWETV - Video of Fletcher Presser
You Tube, JOLI’s@LEAK - Different Video of Fletcher Presser
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