Kelly Soo Park Trial: Synopsis Part IV -- Non-Admitted Evidence via Pretrial Motions

 Juliana Redding, undated photo

COMPLETE KELLY SOO PARK TRIAL COVERAGE LINK

UPDATE: spelling, clarity
On June 4th, 2013, a jury found Kelly Soo Park not guilty of the murder of Juliana Redding.  Redding was found strangled to death in her Santa Monica apartment on March 16, 2008. Park was arrested for Redding's murder over two years later.

Juliana Redding's living room where prosecutor's believe 

Juliana fought for her life.

After the trial was over, I promised T&T readers that I would present a synopsis of the trial to help them understand the jury's verdict. Many readers did not understand the verdict when the state presented evidence that Park's DNA was found on several items, including the victim. Criminalists testified at trial that Park's DNA was found around Juliana's neck, on the T-shirt Juliana was wearing at the time of her death, on her cell phone left on a bedside table, as well as on a stove knob in the kitchen.

This is my last post in a four part series, that gave a detailed, post-trial analysis of the case. Part IV covers pre trial motions argued before trial, as to the admissibility of evidence one side or the other, wanted to introduce.

Special thanks and shout-out to my fellow journalist Lonce LaMon of Adjuster.com for her assistance in purchasing motions as well as photographing the evidence once the trial was over. You can see more of the exhibits in the Part III posts. I have purposefully not published a photo of Juliana as she was found out of respect for her family and friends.

CBS 48 HOURS
Tonight, CBS 48 Hours will profile the murder of Juliana Redding and the trial of Kelly Soo Park  who was charged with her murder. All three major networks had producers who attended pretrial hearings and attended most or some of the trial. (T&T was the only source for daily updates on the trial. T&T also reported the verdicts before any other news source. Sprocket) Journalists for NBC and CBS worked together to try to get Judge Kennedy to approve video taping of witness testimony. For the court to agree to that request, Judge Kennedy wanted the network to mount cameras on the wall.  The problem is, those cameras are not something the networks readily have at their disposal, and the daily cost of one camera is several thousand a day. Consequently, only opening statements and closing arguments were video taped.

I knew something was in the works when respected LA Times reporter Jack Leonard sent out this tweet:

Leonard is an excellent journalist and that was most kind of him. (It's a good bet that CBS has an arrangement with the LA Times to feature their journalists on cases they profile.) Not long after, former prosecutor Alan Jackson made a post about the upcoming episode on his Facebook Page.  The initial prosecutors, Jackson and his co-counsel at the time, Eric Harmon (now Judge Harmon),  probably know the case facts as well as DDA Stacy Okun-Wiese, who prosecuted Park.

I will be most interested to see if CBS producers were able to track down any of the jurors and get them to appear on camera. After the verdicts were read in court, the jury asked to be escorted out of the courthouse via a private elevator.  Back on June 13th, a T&T reader left a comment with information about the jury's verdict. Since the commenter asked that I not publish the comment, I have honored that request.

Throughout my coverage of the trial, several people who knew Kelly Soo Park over a significant portion of her life, contacted me and shared what they knew about her. Unfortunately, every single person spoke off the record and were not willing to share this information publicly.

Kelly Soo Park Trial Synopsis
Part I Opening Statements
Part II Prosecution Witnesses 1-10
Part II Prosecution Witnesses 11-18
Part II Prosecution Witnesses 19-21
Part II Final Prosecution & Defense Witnesses
Part III Prosecution Opening Argument
Part III Defense & Prosecution Closing Argument
Part III Additional Arguments to Jury

PART IV - NON-ADMITTED EVIDENCE via PRETRIAL MOTIONS
Before the trial even started, both sides presented motions to admit or exclude evidence at trial. Here's brief review of some of the more significant motions. 

James Bond Girl - Defense Motion to Exclude
From the moment Park was arrested, news agencies were reporting that Dr. Munir Uwaydah --the only connection between Park and Juliana-- had bragged to Juliana's father, Greg Redding that he had an enforcer, a female "James Bond" who would do his bidding. The public heard about this alleged statement but the jury didn't.

Dr. Uwaydah was not on trial; Kelly Soo Park was. Judge Kennedy ruled that Dr. Uwaydah's statement to Greg Redding could not be admitted because it was hearsay.

1101b Evidence People's Motion to Admit Other Conduct -- Defense Opposition Motion
The people alleged "The defendant has a history of threatening and intimidating individuals who have an ongoing dispute with her employer, Dr. Uwaydah." The people had two instances of this type of conduct they wanted to introduce at trial.  This evidence would have supported their theory of the case that Park was acting on the orders of Dr. Uwaydah because of the failed business venture with Juliana's father, Greg Redding.

Judge Kennedy ruled that this evidence was inadmissible. With this ruling, the people lost their ability to present to the jury their theory of Park's true relationship with Dr. Uwaydah. In closing arguments, the defense told the jury that there was no evidence presented that Park had any personal desire to harm Juliana, or that she had the murderous heart, capable to carry out such a violent act.

Dr. Uwaydah's Alleged Criminal Conduct -- Defense Motion to Exclude evidence of Uwaydah's Departure -- Defense Motion to Exclude Evidence of Fraud
The defense filed a motion to excluded references to alleged criminal conduct by Dr. Uwaydah. Dr. Uwaydah was not on trial, so it was not surprising to me that Judge Kennedy ruled this evidence was inadmissible.  The defense also argued to exclude references to when Dr. Uwaydah fled the country. Judge Kennedy ruled that there could be more than one reason for why Dr. Uwaydah fled, so that evidence was also excluded.

Drugs Found in Park's Possession During Arrest -- Defense Motion to Exclude
When Park was arrested with Ronnie Case, police "...found several bottles of prescription drugs in the bed of the truck [they were in when arrested], carrying the names of various doctors and various patients." Judge Kennedy ruled for the defense and this evidence was not admitted at trial.

John Glimore's Alleged Conduct & Statements --
Defense Motion to Admit Evidence of Third Party Culpability
The defense tried to present evidence to the jury that John Gilmore could have been the individual who killed Juliana Redding.  Gilmore was an on again, off again boyfriend of Juliana. Witnesses allegedly had seen him become violent against objects (furniture, etc.) when he argued with the victim.  The defense argued to have another girlfirend of Gilmore's, "M.A." testify about alleged violent conduct against her (choking) and statements he made to her about Juliana.  The defense also argued to present evidence of other acts by John Gilmore to show his violent nature.  The defense also filed a supplemental statement by defense counsel Mark Kassabian to support the 3rd Party Culpability evidence.

Judge Kennedy ruled that this evidence did not meet the standard of 3rd Party Culpability, and was excluded at trial.

Kelly Soo Park: Pretrial 9

 Defense attorneys George Buehler, Mark Kassabian 
with defendant Kelly Soo Park

November 27th, 2012
I arrive on the 9th floor a few moments before 8:30 AM.  DDA Eric Harmon and another gentleman are sitting on the bench facing me on the opposite side of the hallway.  A few feet from me Park’s fiancé, Tom Chronister is standing, wearing a black suit and chatting with Kelly’s defense attorneys, Mark Kassabian and George Buehler.  Park’s is wearing a hip length tan jacket and black pants.  Many of her supporter’s are here.

Lisa Tomaselli from ABC 20/20 arrives and says hello. I know she missed the last hearing and it’s nice to see her.  Santa Monica Detective Karen Thompson steps outside the courtroom to speak to a slender, nicely dressed Asian woman.

Harmon was here for a moment and then he left.

In the well, Kassabian and Stacy Okun-Wiese go over a scheduling calendar.  A few moments later, I hear Okun-Wiese say to Buehler, “Once the 1101b motion, we’re done, unless you have some discovery for us.”  This leads me to believe that the prosecution has no more motions they are going to file before trial.

There’s a new face today on the prosecution team, and I hear someone address him as “Mark.”  Mark, Okun-Wiese and Detective Thompson sit at chairs in front of the jury box and chat.

The court clerk, Lori (sp?) asks, “Did I see Eric?”  O-W answers, “He popped in for about five seconds.  He will be back.”

8:54 AM Harmon comes back into Dept. 109.  Sean the bailiff comes out from the jury room area.  There is a tiny woman who came in with the prosecution team.  She’s wearing a black pantsuit, glasses and her hair in a bun.  The bailiff has her move from the bench rows by his desk into the well of the court with the prosecution.

9:00 AM Judge Kennedy comes out from her chamber area.  She’s wearing a back sweater over a black lace design blouse.  She comes back out a few moments later wearing her robes.  Park enters the well of the court and stands with her counsel.  DDA Mark Burnley announces for the people. 

The slender Asian woman has also stepped into the well. I don’t catch her name but she is counsel for the City of Santa Monica.

Judge Kennedy states the defense has subpoenaed records from the City of Santa Monica, but it appears they are not yet on her desk.  “Hold on,” Judge Kennedy adds, “Something came late yesterday afternoon.”  She leaves the bench and then returns.  The court received from the City of Santa Monica a notice to quash the subpoena and a reply from the defense (also arrived?).

Judge Kennedy asks the parties, “Have you two conferred at all?”

Kassabian responds, “I’m sorry your honor. No. ... We have not. ....got caught up in other matters with the DA.”

Judge Kennedy asks, “Might you two want to confer and see if you can resolve this matter?” (I don’t have who specifically responds, ‘certainly your honor.’)  Judge Kennedy leaves the bench for a moment.

Kassabian and the Santa Monica City attorney whisper in the well.  Kelly Soo Park chats with Buehlerwhile the other two counsel confer.   Kassabian tells the clerk, “We’re ready.”

9:08 AM Judge Kennedy retakes the bench and Kassabian addresses the court. “(We?) apologize for the delay.  (We’ve) reached an agreement with the city .... protective order.  They will redact personal information and (this will?) take seven days.”  Judge Kennedy states she will sign the order.  I believe it’s Judge Kennedy who then asks, “I assume if there are any other issues...?”  The city attorney responds, “We will comply.”

Stacy Okun-Wiese asks the court, “Will the prosecution get a copy?”

Judge Kennedy responds, “I don’t know.  If (defense?) counsel...”

Kassabian tells the court, “The defense will share the information.”

Now Judge Kennedy addresses the many subpoena’s that have come into the court.  The first subpoena is from Embassy Suites. This is a prosecution subpoena.  The second envelope is from Enterprise, another prosecution subpoena.  One of the FedEx envelopes is empty.  The court asks (the clerk), “Did one of these other things come in it?”  The clerk replies that it may have.

Judge Kennedy continues, “Another FedEx package from the custodian of records for Bank of America, a prosecution subpoena.”  There are several others for Bank of America and I believe it’s O-W who replies there are three separate subpoena’s for records from B of A.  Judge Kennedy then says, “That’s all the materials that I have.”

Kassabian offers that they also issued a subpoena with the Sheriff’s Department but the document appears to have to come to their office. He hands the envelope over to the court.

The prosecution’s subpoena’s will be handed over to them so they can copy them. Judge Kennedy receives the defense subpoena envelope and comments, “The envelope from the Sheriff is not sealed.  Of all people they should know.”  Judge Kennedy then reviews the document. “There appears to be a subpoena and redaction's. ... If you can make any sense out of this you’re a better person than I. ... I’m going to release (it) to the defense.”

That’s it for the subpoena’s.  The next issue is the ‘wire tap’ motion.  Judge Kennedy states “I have read the motion filed by the defense and the (declaration?) of Mr. Kassabian with exhibits attached to the motion to unseal the wire tap motion to suppress evidence, and the prosecution’s response to that motion.”

If I’m understanding the gist of the argument (without seeing the actual motions), the defense is trying to suppress the evidence obtained in a wire tap obtained by the prosecution. Their argument is that the wire tap was illegally obtained.  The authorization for the wire tap was obtained from Judge Fidler.  Then there was action taken by detectives to initiate certain conditions. There was a gap in time between the set up. Seems like there was a claim that they shouldn’t have started the wire tap so early and it should have started later.    There was nothing (on the wire tap) related to the actual homicide, there was (?) in relation to other evidence (1101b).

Kassabian continues to argue, “But the bottom line is the wire tap order did not meet standards and should be excluded on that basis.” Judge Kennedy asks Kassabian, “All or part of it?”  Kassabian responds, “(Arguing) all material (from the wire tap).” 

I believe Kassabian still argues that the wire tap was issued without probable cause and did not take into effect a ‘triggering effect.’

The court asks, “Let’s just say that’s true.  Why wouldn’t that material be utilized?”  Kassabian responds, “Because the wire tap order was invalid. ... It’s different from the search warrant. .... Good faith exception.”  The court continues with it’s inquiry.  “Why should that apply to wire taps?”

DDA Burnley tells the court, “That’s true your honor. (It) does not apply to wire taps. ... The wire tap does not anticipate any triggering effect .... once the judge determines there is enough probable cause .... the 30 days commences. ... (There’s) nothing that says in the statute a triggering effect has to happen.  Penal Code 629.60 deals with the six days report. ... Law enforcement is supposed to update the judge and a (satisfactory?) explanation must be given.

The DA’s first six day report, the detective’s plan was outlined.  (There’s) nothing in the wire tap (statute) that says something in the wire tap must have a triggering event.  The only requirement is the six day report and to update the judge as to whether or not it should be confirmed.

The problem with the wire tap issued without probable cause ... that it would contain any information (about the) Redding homicide.

Kassabian responds that there was no probable cause that there would be communication two years later about this homicide. ... The offense was a single offense in 2008.  There was nothing in (the wire tap application) to talk about this homicide.

Judge Kennedy gives the parties the beginnings of where she stands.  “I don’t see it that way. ... I was not able to find a similar case with (a) triggering effect. ... Most wire taps are narcotics (related?).  It was different in that respect.”

If the purpose of the wire tap law is that ... law enforcement obtain an order ... and when one looks at the totality ... that Judge Fidler had to consider and there was a 30 day period ... “I don’t see how (ends? evidence?) of justice served the ... went through ... and that 30 day doesn’t .... and Judge Fidler, who is the wire tap judge for Los Angeles County, ... and he reviewed ...”

DDA Burnley adds the date that the wire tap was signed on and the number of days delay (in the triggering event?).

Judge Kennedy states she is not prepared at this time to rule that it (wire tap) was illegal as to what Judge Fidler signed.

There is discussion about “Hobbs” and that all material in Hobbs was turned over to the defense.  The prosecution states they have no objection to turning the Hobbs material over to the defense and that the Hobbs material has nothing to do with Parks.

Buehler speaks up and focuses on specific language that Judge Kennedy used in her ruling.  “You say, ‘at this point’ ... (if) there’s something further .... to suppress?”

Okun-Wiese chimes in that papers were given to the defense.

Judge Kennedy then brings up the 1101b motion by the people and whether the defense wants to argue that motion closer to trial.  The defense states that they may be there (at that point to argue the motion).  There’s more discussion about the 1101b motion.  The prosecution states they have a supplemental motion.

The parties are asked what date they want to come back and December 11th is the date they will return.

Now the parties talk about a realistic trial date.  The prosecution wants a date in January.  The defense wants a later start date.  Judge Kennedy states that January and February are out of the question.  On January 14th, she has the Bell case that is set to start January 14th, 2013 and that case will take six weeks.

The court states that March is a more realistic date.  Judge Kennedy asks the parties to “pick a date” in March.  She then asks the parties what is the time estimate for this case.  The prosecution states two to three weeks.  The Defense agrees the case will take three weeks.  That time however, does not include time for deliberation by the jury.  Another week is added for a total of four weeks for trial.

Judge Kennedy asks the parties if they will agree to pre screened jurors for availability.  The people have no problem.  I don’t believe the defense answers.  The court states they are not going to force the issue, but does make a plea to the defense to consider.  Judge Kennedy states that (recently) in a case before Judge Ito, it took three weeks to get a jury for voir dire.

The pre screening process is to eliminate jurors that can not serve on a long trial because they do not receive jury service pay from their employers or other hardship issues.  Judge Kennedy tells the defense there is a pre screened form that the court uses and to look it over.

O-W tells the court they would like to pick a March date and have something in writing.  The court states March is open and the second week in March is good. The defense would like the first week in March.  Judge Kennedy states that March 11th is a Monday, the beginning of the second week of March. 

The case is tentatively scheduled for March 11th, a four week trial.  The case is scheduled for further motions on December 11th.  The court asks Park for her waiver of her right to a speedy trial.  Okun-Wiese tells the court they will take the subpoenaed documents, make copies and return them to the court.

And that’s it. 

I happened to ride down the elevator with  DDA Burnley and I asked him for the correct spelling of his name.  He also indicated that his participation in this case was limited to arguing the people’s position on the wire taps.

Kelly Soo Park: Pretrial 7

 Juliana Redding, date unknown.

Prosecutors allege Park strangled Redding to death in her 

Santa Monica apartment on March 15th or 16th, 2008.

October 17th, 2012
When I arrive on the 9th floor, both ends of the hallway are filled with people wearing juror badges as well as counsel waiting to get inside their courtrooms.  As I get to right outside Dept. 109, I see a familiar face.  It's a young, pretty reporter from local ABC Channel 7 named Christina, who I first met at the last Lois Goodman hearing in Van Nuys.  She's wearing her gold Channel 7 pin on her blouse. Standing next to her is a cameraman.  I ask her if Judge Kennedy approved taping this morning and Christina tells me that they put the request in, but the order hasn't been signed yet.  The TV show "Inside Edition" is also requesting to film.  (You can see Christina's story on the hearing HERE.)

Kelly Soo Park is standing with a group in the middle of the hallway that includes her defense counsel, George Buehler and Mark Kassabian. She's wearing an all black pantsuit with a silky looking light blue top underneath.  Park's relatively new fiance, recently retired Oxnard Police Watch Commander, Tom Chronister, is dressed completely in black and sitting with an older gray-haired Asian woman.  Oxnard Police initiated an investigation of Chronister just days before he retired.

Right around 8:30 AM the courtroom opens and people slowly start to drift inside to find a seat. Again, there are many people here to support Park. Some of the media sits in the second bench row, the rest take seats in the back near the door.  Park and her fiance, sit in the third row next to the aisle.

I believe it's Judge Kennedy's clerk, Lori (sp?) who informs the requesting media that Judge Kennedy signed the order for filming, but clarifies that only one camera can be inside the courtroom.  When a judge grants the media to have a camera inside the courtroom, they become the "pool" camera.

8:36 AM DDA Stacy Okun-Wiese arrives.  Defense attorney Kassabian confers with Okun-Wiese for a moment.  The defense hands a paper to Okun-Wiese stating, "Here you are."  "Thank you," she replies and then asks, "Is this my copy?" "Yes," the defense counsel responds.

As I look around the courtroom, I notice that there is a piece of artwork hanging on the wall behind Judge Kennedy's desk right where the sidebars are usually held.  It's unusual.  It's a series of lines in a wide "V" pattern \ /; alternating white, red and blue lines that start with red at the top, fading to light blue then dark blue.  I'm positive this piece of art was not here the last time I was inside Dept. 109.

More counsel arrive in the well for another hearing.  An Asian looking DDA sees Stacy and they exchange smiles and a quick hug.  Stacy is wearing a dark gray pantsuit with a black top underneath.  The jacket is short and fits her frame nicely.

The ABC Channel 7 cameraman sets up his tripod inside the jury box.  A dishwater blond defense attorney enters and sits at the defense table to change her shoes.  I'm drawn to the large crystal pendant hanging from a long cord around her neck.  Right next to the crystal I see a tiny silver cross.  To me, she looks a bit disheveled.  Her black pants and jacket are very form fitting; the stretchy gray top underneath presents a layered look since it's longer than the short-waisted jacket.

Okun-Wiese and Kassabian continue to confer over some papers.  Then Stacy and one of the defense attorneys go over to the clerks desk to review a large stack of documents.

More Park supporters arrive. When they enter they stop to give Park a hug.   A tall balding black man, obviously an attorney, enters Dept. 109. As he passes Chronister sitting on the aisle, he shakes his hand.  I'm guessing that this is probably the court appointed attorney, instructed to advise Park on her rights and the potential conflict of interest with keeping her current counsel that are being paid by Dr. Munir Uwaydah, Park's former employer.  (Uwaydah fled the country when Park was arrested back in June 2010.)  The bald headed counsel is wearing a light griege suit with a faint plaid pattern.

Stacy and George Buehler chat.  Kassabian and the new counsel go over a paper that appears to have come from the prosecution.  The black attorney hands a single sheet of paper to Park and says, "Take a look at this."  Park stands in the aisle beside this new counsel, takes the paper and they chat for a moment.  I see the attorney point to something near the bottom of the paper with his pen.

People chatter in the well.  Lori calls out to the blond attorney, "Ms. Greenberg, what's the status?"  The black attorney and Park's counsel go over the paper at the defense table.  I overhear a discussion, something about "time to reflect."  The black counsel calls out to Park in the gallery, "Can we meet Monday or Tuesday?"  Park, Buehler and the black attorney chat.

8:57 AM More people arrive to support Park.  Again, there are greetings and hugs.

Okun-Wiese and Kassabian go over possible scheduling dates for the next hearing.  Now I believe they are talking about Eric Harmon's appointment to the bench.  Several conversations are going on at once in the well.  The blond defense attorney and the Asian DDA; Okun-Wiese and Kassabian and the black attorney and Buehler.  In the row behind me, I can her Park and Chronister whispering with Park's supporters.

9:04 AM We're still waiting for Judge Kennedy to take the bench.  CBS 48 Hours Producer Greg Fisher arrived a bit earlier but only stays for a short moment.  If he came back in, I didn't see him.  Now, Judge Kennedy comes out from her chambers and chats with her clerk Lori for a moment.  Now the court reporter comes out and takes her seat at her machine. It looks like we're ready to start.

Another matter is called before Park's case. The blond defense attorney and the Asian DDA are up.  The defendant is not in the courtroom.  Judge Kennedy asks about the Dept. 95 status and it appears there is a backlog in that court.  Judge Kennedy states the criminal matter is suspended and held over until October 31st.  And that's it for that case.

Judge Kennedy asks if the next case is ready.  Park's case is called.  Counsel state their names for the record.  The tall black attorney is Franklin Peters, Jr., who was appointed by the court to advise Park on the conflict of interest issues.  Peters tells the court, "I met with Ms. Park in the hallway and went over (the) conflict matters .... and provided some (disclosure? discovery?). ... She has signed a waiver that I prepared."  Peters then states he was given today, a waiver that was prepared by DDA Eric Harmon.  The waiver prepared by Harmon comes directly from case law, but there is an additional statement (in that document) that Peters would like to go over with Ms. Park.  So, Peters is requesting more time to do that.

Judge Kennedy asks about the court calendar.  It's 15/30 as of today.  The next date that is agreed upon, Wednesday Oct. 24th, would set the court calendar at 22/30.  Judge Kennedy advises counsel that at the next meeting, they will need to do something about setting the court calendar.

The prosecution's motion to admit the non-charged 1101(b) witnesses, the defense is working on an opposition motion to suppress, but they indicate they will deal with that motion closer to trial.

And that's it. Outside in the hallway, I see local ABC Channel 7's Miriam Hernandez. I thought she missed the hearing but she and Greg Fisher must have been sitting in the back of the courtroom.  Miriam, Greg and myself chat a bit about the case. Greg tells me he has already written two stories for CBS Crimsider on the Park case.  When I heard the date, Oct. 24th, I originally thought there was a hearing in the Michael Gargiulo case on that date, but I was wrong.  Lonnie Franklin, Jr., the "Grim Sleeper" has a pretrial hearing on that date, also in Dept. 109, so I'll be able to attend both.

When I got home, I watched Good Morning America (GMA) because Christina indicated there was a story on local KABC Chanel 7, and I figured there would also be one on GMA.  Legal analyst Dan Abrams was talking about the case and he referred to Ronnie Chase as Park's "husband."  It's my understanding Parks and Chase were a couple at one time, but they were never married.

Now, the mainstream media is all a buzz about the motions that the prosecution filed at the last hearing, most notably, the motion to admit 1101(b) witnesses of other conduct. It's in this motion where the prosecution finally lays out what it believes to be the motive of Redding's murder.  I had these documents up on my SCRIBD account within a day of the last court hearing.

KELLY SOO PARK QUICK LINKS PAGE

Note from Sprocket:
I am now "finally" all caught up with my pretrial hearing notes.  If I can get caught up with responsibilities around the house, I hope to have some time to work on a few other stories about events I attended.  I attended the DA's 2012 Annual DNA Awareness Forum (where DDA Shannon Presby and DDA Paul Nunez gave a presentation on the Stephanie Lazarus case).  In August, I attended one of the LAVA events at the Crime Lab where my favorite scientist, Dr. Lynne Herold gave a complementary lecture to author John Leake's talk about his latest book.  And I haven't forgotten about the story I promised from the perspective of people who knew Stephanie Lazarus.  I also have a surprise story planned related to the Lazarus case, centered around a little known member of Sherri Rasmussen and John Ruetten's family.  Only a few words were spoken about this beloved member at the trial.

Going to Court: Gerhard Becker, Kelly Soo Park, Lonnie Franklin, Jr., Etc.

 "Grim Sleeper" Lonnie David Franklin, Jr., 

alleged serial killer on July 8th, 2010. Photo: KTLA.

UPDATE: spelling, clarity

July 11th, 2012
I drove into downtown Los Angeles yesterday morning to attend pre trial hearings in the Kelly Soo Park case, as well as Lonnie Franklin, Jr.'s case, dubbed "The Grim Sleeper" back in 2008 by the LA Weekly's Christine Pelisek.  Here is wikipedia's page on Franklin and there is also a web site dedicated to all things 'Grim Sleeper', apparently run by a Brit across the pond.  Franklin is an alleged serial killer, who targeted victims in South Los Angeles. Park is charged with the 2008 murder of Juliana Redding.  I missed the June 11th hearing in Park's case, however, blogger Lonce LaMon has also been covering Juliana Redding's murder.

My car-- that had a cerebral aneurysm back on February 6th --is finally running like a dream again.  An engine shop rebuilt the head and Mr. Sprocket recently overhauled the air-conditioning system. It's so nice to have wheels again and not have to ride in the White Whale Work Truck to the train or bus station.

As I start my walk up Broadway from the budget parking lot to the rear entrance of the criminal court building, I realize how quickly I've gotten out of shape by not going to court and getting in a daily brisk walk.   Memo to self, I'm going to have to bite the bullet and get walking again.

As I start to approach the corner of First and Broadway, all the construction walls are down around the LA Law Library and the entire building is now a eye-popping burnt orange.  Although I'm across the street, it appears that the half walls around the front entrance stairs on First Street are dressed in dull black stone -- but it could be colored cement; I can't tell.  I'm still debating on whether I like the new look of the building or not.  The color really makes you step back and go "Whoa!"

Behind the Clara Shortridge Foltz Criminal Justice Center, (CJC) construction workers are putting the finishing touches on the new "Grand Park" that extends across Broadway behind the Hall of Records and beyond to Grand Avenue.  The previous "court of flags" flag poles are already repositioned along Broadway from their original location directly behind the Hall of Records. The construction screens are down from around the back entrance of CJC and I get my first view of this portion of the new park space.

It's about 8:10 AM, and as I enter the security screening line, I see handsome LAPD Robbery - Homicide Division (RHD) Detective Dan Jaramillo from the Stephanie Lazarus case carrying a thick, heavy looking binder.  I smile and give him a little wave, and he smiles back as he walks past me to the entrance for officers.  As I reach the elevator bay, the area is packed.  There are two elevators that have lights lit up but the doors are closed; a good bet that they might not be working.  One could easily wait 20 minutes or more for a crammed sardine space in these ancient lifts.  (The elevators in this building are a curse. They are outdated and need to be replaced, but the county is broke and closing courtrooms; more on that in a bit.) With the packed elevator lobby, I quickly see I need to pick an elevator, stand in front of it and just wait.  The hope is the elevator you're standing in front of will open sooner rather than much later.

I finally get on the 9th floor and clear security.  I make my way down the right wing of the hallway to Department 109, Judge Kathleen Kennedy's courtroom.  There are only a few people waiting in the hall and one of them is wearing a juror badge.  After a few moments I see Detective Jaramillo standing down by the center of the hallway, directly in front of Dept. 104, Judge Perry's courtroom.  Jaramillo is chatting with a man sitting on the bench wearing a dark shirt and the word 'POLICE' in bright yellow across the back.  I know that Jaramillo is no longer in RHD's "Homicide Special." He's now in the sister-unit Robbery Special.  I'm betting he's here to testify in a robbery case in Perry's court.

As my eyes are wandering around this end of the hallway, I notice that next door to Judge Kennedy's courtroom, there is a newspaper article taped to Judge Lance Ito's courtroom door. It's an article from the Orange County Register with a very large photo of Judge Ito and a sub heading in the article highlighted indicating that Judge Ito's courtroom is closing.  With the budget crisis facing the state and virtually every county, the Los Angeles County Superior Court has cut back staff and closed courtrooms.  I don't know anything about the Superior Court's decision making process as to which courtrooms to close, but sources tell me there was no private notification given to Judge Ito; there was just a mass E-mail sent out notifying court staff of the closures.  I believe his last courtroom day was Friday, July 6th.  Although Ito has lost his courtroom and staff, he's still a working Judge.  It's my understanding he will be assigned administrative tasks and fill in for a courtroom when there is an absence.

The District Attorney's office calendar notice for today indicated there was a hearing in Dept. 107, Judge Michael Pastor's courtroom (the other end of the long hallway) in the Christian Gerhartstreiter case today.  I thought that I might spot a bunch of media down there but that end of the hallway was just as vacant.  (Unfortunately, I'm only one person; I can't be in two courtrooms at once.)

An ABC reporter shows up talking on their smart phone.  I overhear him mention "Lisa" and I'm betting he's talking about my friend Lisa Tomaselli, a producer with ABC's 20/20.  When he sits down beside me I chat with him a bit.

A pretty bottle blond wearing quite a figure revealing outfit of pants and a white linen top strolls down this end of the hallway. She has a pink protector case for the smart phone she's holding in her hand.  With her hair pulled back in a ponytail, I know immediately that she's with some news agency, but I've never seen her before.

During the Conrad Murray preliminary hearing and subsequent trial, there used to be signs up every couple yards notifying people no photography allowed.  Most are all gone now but there is still one small 8 x 11 sign up at this end of the hallway.  The bottle blond gets up from her bench seat across the hall from me, stands in the middle of the hallway and aims her smart phone at the courtroom doors for Department's 101 and 102, clearly taking a picture.  I immediately speak up and tell her she can't take photographs.  She first responds to me with, "That's only inside the courtrooms."  (I will not share the negative thought that went through my head at that moment.)  I inform her, "You can't photograph anywhere inside the building."  She goes back and sits down on her bench seat and is looking at her smart phone. With my past experience of being photographed in this same hallway and all the drama that surrounded that event, I also add, "You can't publish that."  She responds back with, "I know what I'm doing," and I successfully stifle myself from laughing out loud.

Over the last ten minutes or so, several of Kelly Soo Park's supporters show up.  Park arrives on the floor around 8:30 AM.  Kelly receives hugs from several of her supporters.  She's wearing tasteful black slacks and black heels. Her blouse has blue and white narrow pinstripes, long-sleeves with stark white cuffs, collar and placket.  Her counsel George W. Buehler and Mark M. Kassabian arrive not long after.  The courtroom finally opens and Park and most everyone else in the hallway enters Dept. 109.  At first, I wait in the hallway a bit to see who from the prosecution team will be attending the hearing.  There was an older black woman on the hallway bench next to mine, who was talking on her cell phone when I first arrived.  I overheard her mention that she would be at each and every court hearing for the "Grim Sleeper." I'm betting that she is related to one of his many victims.  When the courtroom opened she entered Dept. 109 and took a seat in the second row next to me.

Already inside the well of the court are Franklin's attorney's.  The one male attorney I've seen several times in Dept. 30.  I'm betting he is not with the public defender's office, but along with his co-counsel, a woman, has been assigned by the court to represent Franklin. (When the hearing was over I followed them out and obtained their business cards:  Seymour I. Amster, office in Van Nuys and Louisa Pensanti, office in Sherman Oaks.

As I take a seat in the second row, two more older black women enter and greet the woman who is sitting to my left.  It's a good bet these are relatives of Franklin's many victims.  Judge Kennedy's same bailiff she had during the James Fayed case is still assigned to her courtroom.  Another female bailiff enters and I watch both sheriff's put their weapons inside the wall mounted black security box before they enter the jail area for a short time.

Santa Monica Detective Karen Thompson enters and takes a seat in the well of the court near the podium.  Lisa Tomaselli enters the courtroom and greets Park.  I catch her eye, she smiles and comes over to sit next to me.  I'm happy to see her and we catch up on what's new.  Lisa's crew is waiting for their cameraman to show up.  They have a formal media request in with Judge Kennedy to film the proceedings.  Kennedy is a more modern judge and she signs the order but the bailiff warns Lisa's associate that the camera operator has to be here on time and all set up in the jury box before Judge Kennedy takes the bench.  Apparently, the cameraman is stuck either in the lobby or an elevator.

As I look around the courtroom, I see the pretty Dateline producer "Luce" (sp?) in the back row near the door.  DDA Eric Harmon enters the courtroom.  I'm surprised because I thought he would have been sworn in as a new judge by now.  Harmon, Thompson and the defense team leave the courtroom via the door by the jury box.  It's likely they are all going to the jury room to speak privately.

More people show up for the Franklin hearing and Lisa and I scoot down to make room for them so they can all sit together.  While we wait, DDA Beth Sliverman enters Dept 109 and greets the many people in the gallery. At first, I didn't recognize her.  Silverman and her co-counsel, another woman whose name I miss hearing are prosecuting Franklin.

I guess that since the Kelly Soo Park case attorneys are still outside the courtroom, the bailiff's bring out Lonnie Franklin first.  Judge Kennedy comes out and takes the bench. She has lost more weight and looks fantastic.  She actually looks younger.

Lonnie Franklin, Jr.
Amster starts off by claiming the prosecution's office has not provided the defense with all the discovery they said they did.  He tried contacting the prosecutor and asking for the specific page numbers (Bate stamp numbers) but these two were never able to reach a connection.  It appears there is a name of an individual that the defense states the prosecution did not give them any documentation on.  (The defense says the name is Sharm (sp?) DeSmoki (sp?) the prosecution contends there is a separate murder book for a Sharon (sp?) Demukey (sp?) but I can't find a similar name attached to Lonnie Franklin on the web.)

When one party wanted a call back on a certain date, the other wasn't available.  Because of this, the defense now is asking for another month to go back through all their discovery to locate the pages they feel the prosecution didn't give them.  There's a bit of back and forth from the defense and prosecution.

Judge Kennedy finally has enough of it and tells them in an I've had enough of this tone, "You're acting like children! (snip) I'm ordering you to go upstairs and work this out. (snip) I don't want this to be a personality driven case. (snip) Leave your ego at the door! (snip) I want you four to get together and figure out who this (person?) is and be back here in half an hour.

Kelly Soo Park
So while this is going on, ABC is in luck. Their cameraman finally shows up.  DDA Harmon and Park's counsel are still in the jury room but not long after Judge Kennedy leaves the bench they emerge and have a sidebar with Judge Kennedy.  I think I overhear the words "...set a date.."

The case now goes on the record.  Judge Kennedy states the defense is making a request for more discovery.  I believe Harmon states he's filed his own motion and needs further time to (research? reference?) and see (?)...

It's a good guess that the private discussion had to do with DNA that the defense want to test that the people have control over.  Timing is everything.  That evidence has to be turned over and I'm guessing, an individual chosen to observe the defense testing, or an outside lab selected that is acceptable by both parties.

My notes don't state who specifically mentions that there are other discovery issues that the prosecution and defense are working out informally (regarding? testing?) and won't need to involve the court.

Judge Kennedy asks how soon the parties can bring this case to trial.

One of the defense attorneys states they have another trial already scheduled for mid November, "But we would target this case after that case...." 

I believe the defense mentions a return date of August 17th to keep the case tracked and the calendar set at 0-60 on that date.  Judge Kennedy mentions something about more forensic testing if the defense seeks for it to be tested.  She addresses Park and asks her if she waives her right to a speedy trial, to return to court on August 17th.  Park answers, "Yes."

At some point, Judge Kennedy asks Harmon about the prosecution's readiness, once he is off the case and Harmon informs the court that the prosecution is ready with another attorney to step in and take over.  His leaving will not affect the prosecution's readiness to proceed.

And that's it for Park.

Gerhard Becker, Vanity Fair Photo Shoot
I head toward the elevators looking for my friend Matthew McGough who was on the 5th floor in Dept. 30, following the Becker case.  I find him in the elevator bay, chatting with Detective Dan Jaramillo, who had just finished testifying in Judge Perry's courtroom in a multi-robbery case. Matthew quickly gets me up to speed on Becker. The preliminary hearing was supposed to start today but that's been set aside.  Becker has obtained new counsel, Donald Re. (I could not find a business web page for him. Sprocket.) I take the opportunity to ask Dan several questions about the Vanity Fair photo shoot with photographer Platon (pronounced Plah-tone), who Vanity Fair flew out from New York to take his and Detective Greg Stearns photo. Mark Bowden was not present for the photography sessions with the detectives.  I make sure to tell Dan that at least one T&T reader was glad to see the easy on the eyes photo of him.

With his new counsel notification accepted by the court, Becker's next hearing is now scheduled for September 6th, 2012 in Dept. 30. 

Lonnie Franklin, Jr., Part II
After saying goodbye to Detective Jaramillo, Matthew and I pass through 9th floor security and back towards Dept. 109 for the Franklin hearing.  Interestingly Assistant District Attorney Pat Dixon  enters Dept. 109 alongside Beth Silverman.  Once Matthew and I take a seat inside Dept. 109, I ask Matthew if he knows the names of the LAPD detectives who are here.  Matthew points out RHD Detective Dennis Kilcoyne (pronounced kill-coin) who he believes worked on the Grim Sleeper task force.  Matthew also said that Kilcoyne was a detective at Hollywood Homicide with Rick Jackson before joining RHD.

Back on the record, Amster tells Judge Kennedy that after meeting with the prosecutors they believe they will be able to resolve the earlier issue by this afternoon.  Amster states they will come up with a procedure to deal with discovery issues and won't have to litigate them in front of Judge Kennedy in the future.

There is some discussion about having the defense investigators meet with the prosecution's investigators.  The defense is suggesting a return date of August 29th for the court to monitor the case and time to file additional motions.  Silverman states that date is not good since she's out of town.  There's a bit of back and forth to pick a new date and August 30th is agreed with the calendar clock set at 0-60 on that date.  Franklin is asked if he waives his right to a speedy trial and to return to court on that date.  "Yes, your honor," Franklin replies.

Judge Kennedy then asks the parties if they have a realistic estimate as to the length of the trial.  The defense first states, "No, your honor."  After a few more questions from Judge Kennedy, Amster feels that this will be a six month trial.  Silverman's estimate is that it will be a two-to-three month case.  Silverman adds that it's a forensic case. There's not a ton of witnesses that are not experts..."

Judge Kennedy asks the parties to seriously consider pre screened jurors and the defense and prosecution agree with that.  And that was it for Franklin. 

Dropping in on Dept. 104, Judge Perry's Courtroom
Matthew asked if I was interested in dropping in on Judge Perry's courtroom to hear a bit of the case that Detective Jaramillo was involved in.  We enter as quietly as we can and sit in the back row.  One of the first things I notice is that there are only 14 jurors in the jury box.  This tells me that it's not a murder case.

There is a witness on the stand and a video up on the overhead screen of a robbery in progress.  It's video from a security camera inside the cash vault/office of a ROSS Dress for Less store.  The witness on the stand identifies one of the defendants "Williams" as the one who tied her up (she's in the video) and had the gun.  Here's the story I was able to gather from testimony.  An (former?) employee of the Ross stores and a (former?) employee of Dominoes Pizza hatch a plan to rob several Ross Dress for Less stores.  I believe a total of five stores were targeted on two different days (one on the Fourth of July and the others over Labor Day, 2010). Three robbery attempts were successful.  The witness on the stand indicated the tally for the robbery of her store was approximately $45,000.00, a typical amount for a three-day holiday.

The plan went like this.  The robbers entered the store wearing Dominoes Pizza uniforms provided by the (former?) Dominoes employee.  The robbers enter the store and claim that Ross upper management (knowing the names of several corporate managers via the (former?) Ross employee) has, ordered Pizza's for specific employees (I'm guessing those who were in charge of the office/vault).  Once they gained entry to the office cash vault area, they robbed the store. The witness on the stand testifies about picking one of the defendants out of a photo array.

In my opinion, the store employees who were robbed were lucky no one was injured.

When the morning break is called, Matthew goes over to chat with Judge Perry's court reporter, Beth, where the topic quickly turns to the next court staff cutbacks that are expected at the end of the year.

After we say our goodbyes to Beth, we make our way to the back of the building to visually take in the section of Grand Park behind CJC.  I'm not impressed with the new space at all.  A few small trees, one decent sized tree, a few cement paths, not nearly enough benches.  The county did not need a park here.  There was plenty of public space around City Hall.  What the public needed was an adequate parking facility to service CJC to replace the parking lot that used to be in the same space.  Affordable budget parking for CJC is at best two blocks away, up an incline but I guess a "park" looks better that a parking structure.

Kelly Soo Park Changes Counsel

I arrive in downtown Los Angeles in plenty of time for the hearing, however, on my walk to the courthouse I realized I forgot to bring a notepad. I walk to the underground city and purchased a notepad from the CVS drugstore.

When I finally get inside the courtroom, sit in the second row and look inside my bag when I realize in cleaning out my bag over the weekend, I forgot to put back my cache of pens. I get up from my seat in the second bench row and sit in the back row and open my laptop. I know Judge Kennedy allows the press to work on their laptops in her courtroom.

DDA Alan Jackson is here with the Santa Monica detective.

Park's defense attorney's Stephen Bernard is here.

Kelly is here along with several of her supporters.

Jackson is on the phone at the prosecution table.

It’s 8:50 AM. We are waiting for Judge Kennedy.

I don’t recognize the other two gentlemen at the defense table.

Beautiful tie on Jackson, A shimmering light olive color with dark gray diagonal lines. The suit he’s wearing is a charcoal gray with double pleats in back. I can barely see from the back row some faint vertical lines in the suit.

Bernard's co-counsel, Alena Kilmianok arrives.

The Dateline producer “Luce” (sp?) enters and sits in the second row. I first saw her during Fayed case. She’s slender, pretty and has short dark hair. When she sits in the row in front of Park she greets Park. From where I’m sitting I see Park greet her back, reach out and touch her hair. (Maybe she's cut it since Park last saw her.) Park is sitting a row in front of me to my right.

Maybe the other two attorneys are for another case? What makes me believe that is Bernard and Kilmianok are standing back in the well, but the two other gentlemen are standing at the defense table.

Around eight people are here for Kelly, including (allegedly) her bail bondsman, a very tall man with jet black hair.

The Dateline producer gets up to speak to Bernard.

Jackson and the female Santa Monica Detective stand at the podium.

An attractive black female attorney, with long hair wearing a sharp gray suit and tall black heels enters, sits beside me for a moment, takes out her phone and then walks out.

Judge Kennedy is out of her robes and chatting with her clerk. She has on a black sweater over a black top and she looks even thinner than the last time I saw her. Whatever she’s doing it’s working for her.

The City News reporter I saw at Lazarus arrives.

Kelly comes up and stands with the two new attorney’s in the well. They give their names but it’s too quick. I think I hear George Buehler.

Alan Jackson for people.

Substitution of counsel request.

Park wishes to change counsel! This would be her third set of attorneys.

JK: How long is it going to take you to get up to speed? (snip) This is now the third set of attorney’s.

New Defense: Understand (your honor?) it's not our intent to cause unreasonable delay. (snip) Would like court to give us two months, and at that time set a trial date.

When Judge Kennedy asks if Park agrees to the change in counsel, she nods and I can barely hear a whispered “Yes.”

JK: Mr. Bernard, when can you transfer your files?

SB: Today.

It’s around this point that I believe DDA Eric Harmon enters with a large briefcase and sits in the back row.

JK: Make sure our clerk has your business cards and information so we can place it in our files.

The new counsel states that a return date of June 11th had been discussed.

Park waives the right to a speedy trial and agrees to return on June 11th.

JK: Counsel join?

Everyone agrees and that’s it.

In the well, the new counsel is exchanging business cards with the bail bondsman as well as the prosecution team, DDA Jackson and DDA Harmon. I wait, introduce myself, and get business cards from the two gentlemen. Park's new counsel is the team of George W. Buehler and Mark M. Kassabian.

I have a brief hello with DDA Jackson and then I head back to the subway and home. I search the web for Buehler & Kassabian, and their web site indicates they specialize in white collar crime. One has to wonder why at this late stage, Park had a change in strategy in her defense. How would she benefit by utilizing a law firm that does not specialize in the type of defense she needs, specifically homicide?