Monica Sementilli Pretrial Hearing, Case Update 1

 The previous post can be found HERE.

 August 1, 2023

There was a pretrial hearing in Dept. 101, Judge Ronald Coen's courtroom for Monica Sementilli. I did not attend but I was able to obtain an update from a reporter who attended the proceedings. 

The case will be delayed until April of 2024. The only possibility of the trial happening sooner is if another case on Judge Coen's calendar is pushed forward in time.  Then the Sementilli case could take it's place.

It appears Monica's defense team informed Judge Coen that Monica's convicted, former co-defendant, Robert Louis Baker will testify at her trial that she had nothing to do with the murder.

Monica Sementilli is charged with first degree murder in the stabbing death of her husband, Fabio Sementilli.

More to come...

Monical Sementilli Pretrial Hearing 17

The previous post can be found HERE.
July 14, 2023 

Last week, Robert Louis Baker pled "no contest" to all charges and was sentenced by Judge Ronald Coen to life without parole.

There was a pretrial hearing in the Monica Sementilli case on Friday. I did not attend this hearing but I was able to get an update on what happened in Department 101 on the 9th floor.

Because of Baker's plea, defense tells the court they want a continuance in the case to "re-strategize". The court agreed that this new development creates a complexity for the defense. There was a strong objection from the prosecution team.

The reality is, Judge Coen's calendar is booked solid. Judge Coen offered the parties October 2nd this year or April 2024. There was a tentative agreement to the October 2nd date. The next pretrial hearing is slated for August 1st. At that hearing, the defense will inform the court about their "readiness" for trial. If the defense still feels they are not ready, then the trial date will move to April. The only other possibility for an earlier date is if one of Judge Coen's other cases falls and gets pushed forward.

The next post can. be found HERE.

Robert Louis Baker Pled No Contest In the Stabbing Death of Fabio Sementilli

The previous post can be found HERE.

Edited for clarity 7/9/23 - Sprocket

July 7, 2023

 Fabio Sementilli
Source: Hair Talk

Two days ago, I had been given a courtesy heads-up that today, Robert Louis Baker would be making an open plea to all charges in the death of Fabio Sementilli. I was unable to go to the plea hearing because I had an oncology appointment this morning. My health has to come first. 

Baker pled "no contest" to first degree murder and three enhancements: 1)conspiracy to commit murder; 2)murder for financial gain; 3)using a knife. After family impact statements were made, Baker was immediately sentenced to life without the possibility of parole by Judge Coen. 

Monica Sementilli was not in court for this hearing but according to a People Magazine story, her defense attorney, Leonard Levine spoke to the press implying that Baker will testify and that testimony will exonerate his client.

Sources tell me the prosecutors, DDA's Beth Silverman and Ryan Erlich made no statement in court today. It is my understanding that by pleading "no contest" to the court, Baker has made no agreement with the DA's office to assist them in the prosecution of any other co-conspirators.

Monica Sementilli is now facing first degree murder charges alone. Her trial is slated to start in September of this year. It remains to be seen if Baker will testify in Sementilli's upcoming trial.

The next post can be found HERE.
Other Media Reports
ABC News

LA Times

Daily News (via City News Service)

 

Monica Sementilli & Robert Louis Baker Trial Update

The prior post can be found HERE.

Fabio Sementilli Source: HairTalk.com

February 27, 2020
I was unable to attend the pretrial hearing in the Sementilli/Baker murder trial on February 18. Monica Sementilli and Robert Baker are charged with murder in the death of Monica's husband, Fabio Sementilli. The next pretrial hearing in this case is set for March 16, 2020 in Dept 101 at the Clara Shortridge-Foltz Criminal Justice Center. The July 7, 2020 trial date is still on the court calendar.

 The next post can. be found HERE.

 

 

 

Monica Sementilli & Robert Louis Baker Pretrial Hearing 15

Fabio Sementilli Source: HairTalk.com

UPDATE 01-12: edited for grammar, spelling, Sprocket.
January 9, 2020
Happy New Year everyone.

Judge Coen's clerk opened the door to Dept. 101 around 8:25am. Not long after it opened the courtroom started filling with attorneys. There would be more than just the Sementilli/Baker hearing this morning. Out in the hallway Baker's attorney Michael Simmrin is chatting with another gentleman. Also waiting for Dept. 101 to open was defense attorney Donald Re, who defended German nationalist Gerhard Becker on involuntary manslaughter charges back in 2013.

When I enter, there was a new face at the court reporter's desk. Several attorneys stop by her desk to give her their card. There were several attorneys who entered and checked in with the court clerk. There is a pretty female reporter sitting in the gallery in the row behind me. I believe we are the only media people in the room.

I overhear Simmirin mentioning something to the clerk that he has a court order he's filing. The clerk tells him, "Why don't we do that on the record?"

8:27am
DDA's Beth Silverman and Melissa Opper arrive and greet Mr. Simmrin. Simmrin and Silverman chat discovery. I believe I hear Silverman tell him, "I still have a drive for you. ... more evidence along with reports from Orange County lab..." Silverman says she can turn over to Simmrin later today. Silverman and Simmrin talk about a trial date but since Simmrin is just getting started on his DNA testing Silverman says -in relation to a trial date- "You're not ready yet."

Some attorneys take seats in the well of the court that are in front of the jury box. Others are moving around the well, chatting with this group or that group. More attorneys keep entering and a few people from the public that are most likely here for the other pretrial hearings.

We are waiting on the Sementilli defense team and the defendants. More attorneys enter, check in with the clerk. One stops to chat with the Deputy DA's in the room. Eight suited gentlemen enter and sit in the very back row.


8:36am
Sementilli's lead counsel Leonard Levine arrives along with Hans J. Allhoff and the gray haired gentleman who usually chats with Judge Coen at the clerk's desk. 

It's so noisy in the courtroom, I'm having trouble following any one conversation. DDA Opper, Levine and the court clerk chat trial dates. DDA Silverman chats evidence/discovery with Levine.  More people from the public arrive. One woman has a cast on her arm.


8:42am
Judge Coen comes out from the back area. He's not put on his robe yet.  A few minutes later DDA Paul Pzrelomiec arrives, shakes DDA Opper's hand, big smiles for everyone and then takes a seat in front of the jury box.

8:45am
Judge Coen has put on his robe and takes to the bench. A silver haired gentleman, possibly a Deputy DA shakes his hand. Still more people enter Dept. 101. There are so many attorneys here, it's hard to keep track, or even follow just one conversation. Levine chats with Re and Simmrin in the well.

8:48am
Baker is brought out. He takes a seat at the table with his back to the gallery. A few moments later, Sementilli is brought out and Judge Coen immediately goes on the record for pretrial and trial setting in the Sementill/Baker case.

The date July 7 is set -I heard a defense attorney add the word "tentatively"- for trial with the case court calendar set on that date as 0/10. The next pretrial date is set at February 18.

Judge Coen addresses DDA Silverman on the length of the trial. He wants to hear on the record how long she thinks the trial will take. DDA Silverman still keeps with her two month estimate for trial.

Simmrin's court order issue is discussed. It's a list of prosecution evidence items, biological evidence he wants turned over to him for testing. There is a bit of back and forth. DDA Silverman states this is not the usual way this is handled. She hasn't seen the document Simmrin wants to file; what it is Simmrin wants and she needs to go over everything and to ensure they can have what Simmrin's team wants to test. Coen asks if they can settle this at the next court hearing. Simmrin agrees it can.

Coen gets the defendants to agree on the record to the proposed trial date.  And that's it. The hearing is over. Sementilli is quickly taken back into custody and DDA'a Silverman and Opper start packing up their files. I wait until Baker is brought back into custody and then head out.

Next pretrial hearing is February 18.

Moncia Sementilli & Robert Louis Baker, Pretrial Hearing 14

Fabio Sementilli

Source: HairTalk.com

November 13, 2019
I almost didn't make it to the hearing on time. I was held up at the 9th floor Los Angeles County Sheriff's security station. I'll talk about the ever changing security policy for the 9th Floor in a new post next week.

I ran into Deputy DA Beth Silverman on the 9th floor elevator bay She was in front of me at the scanner. She appeared quite rushed and not her usually cheerful self.

Inside Dept 101 8:36 AM
When I enter Judge Coen's court he is already on the bench. There is a pretty prosecutor at the people's table I don't know. Two of the defense attorneys, Michael Simmrin and Hans J. Allhoff are chatting with the court off the record. Deputy DA Beth Silverman is nowhere in sight.

I'm not certain, but I believe it is the court who asks where Ms. Silverman is. There is some speculation chatter that maybe Deputy DA Melissa Opper will be here and not Silverman. Then I believe one of Judge Coen's clerks informs him that Deputy DA Silverman went to Department 104 first.

Checking the DA's daily court calendar, there is a hearing in Dept. 104 where Deputy DA Tannaz Mokayef  of the Major Crimes Unit is prosecuting defendant Patrick Watkins, charged with capitol murder and two dozen attempted murders. It's a good bet Deputy DA Beth Silverman is co-counsel on that case.

When the parties in the well of the court hear that Deputy DA Silverman went to her hearing in Dept. 104 before her hearing before this case, Judge Coen has a look on his face and I hear this multi-voiced "oooooooooooooooh" coming from the well of the court. I'm not sure if Judge Coen's cryptic response was related to the news or not.

Defense counsel and the court chat off the record about potential trial month dates in 2020. Judge Coen states he has two death penalty cases and that ".... Beth says this case will take eight weeks." I believe it's Mr. Simmrin who states he can't believe the trial will take that long.

Judge Coen's clerk indicates the court does have some time in January 2020, but not the full 8 weeks. One of the defense attorneys asks if Judge Coen has anything in April. The court responds to the April request, "That's also a death case." There's also a trial in mid May that's a death penalty case. Judge Coen tells the parties, "It looks like I have June and July open ... that's how it looks now."  Mr. Simmirin tells the court, "You're a popular judge." Then there is a change in what I'm understanding about April. Now I hear that as April stands now, there's no more that six weeks available. [I'm taking that to mean April and then two weeks in May, since a death case starts mid May.]

Sprocket Note: Understand that cases are fluid and things can change at the last minute. A defendant can take a plea or a case with multiple defendants can successfully argue to sever their cases. These are the things that make judges court calendars change. Attorney's sometimes take their chances when juggling their own case load to get a favorable trial start date.

We are waiting for Deputy DA Silverman. The pretty prosecutor at the table approaches me and asks if I am "... on the Raymond case." I tell her, "No, I'm sorry. I'm not."  The court is waiting for the defendants in the other prosecutor's case and the sheriff's have no news on when they will arrive. The last news was the defendants were ten minutes out.

Judge Coen addresses the pretty prosecutor. "The job as Assistant Head Deputy is really hard." He then tells her that he read that a new "DA" has come into the race. District Attorney Jackie Lacey is running for reelection in 2020 and there are a few challengers.

I believe Judge Coen is talking about former defense attorney Rachel Rossi, who is joining former San Francisco District Attorney George Gascon, and two Los Angeles County Deputy DA's, Richard Ceballos and Joseph Iniguez in their bid to take over the coveted LA County DA spot. The prosecutor is cautious since press are in the room. She asks the court, "Your honor, may I approach?" He grants the request and she goes to the bench to talk to the court privately.

8:48 AM
Deputy DA Beth Silverman arrives, greeting Judge Coen's staff and opposing counsel. There is a bit of small talk between counsel about hard drives and when they will be ready.

Very quickly, Sementilli is brought into court. She doesn't look to cheery today. She takes her seat and Mr. Allhoff leans in to whisper to her.

Daniel Nardoni, one of Michael Gargiulo's defense attorneys, enters Dept. 101 and takes a seat in the gallery.

The court asks off the record about a return date for the Baker/Sementilli case. A date of January 9, 2020 is proposed. Deputy DA Silverman quickly agrees. The deputies bring Baker out. He sits in his usual spot on the end. 

8:51 AM
The court goes on the record for the next pretrial setting. Mr. Simmirin speaks for the record to set the case for January 9 and the case calendar for zero of 90 with the "reasonable people's continuance." Counsel agrees.

Judge Coen then asks each defendant if they agree to put their case over until January 9th. Both defendants respond yes. And that's it. Over in less than two minutes max. It looks like as Sementilli is getting out of her seat to return to the custody area, she quickly looks back to the gallery. After Sementilli, Baker is taken back into custody.

As I leave Dept. 101, I stop to ask Mr. Nardoni if he and co-counsel Dale Rubin will be representing Gargiulo through his appeal. Mr. Nardoni says they will not.

Next court date is January 9, 2020.

Monica Sementilli & Robert Louis Baker, Pretrial Hearing 12

Fabio Sementilli

Preious post on this case can be found HERE.

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

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

The 9th Floor

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



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

Dupree greets Deputy DA Paul Przrelomiec. 

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

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

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

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



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



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

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



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



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

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

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

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

I believe he quickly leaves.

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

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



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

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



And that’s it until October 16.

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

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

Monica Sementilli & Robert Louis Baker, Pretrial Hearing 11

Tuesday, July 16, 2019
8:29am
I arrive on the 9th floor just in time. Judge Coen's courtroom is already open with defense and prosecutors inside. Judge Coen is off the bench, over by the clerk's desk.

The first thing I notice is, Leonard Levine and Blair Berk representing Sementilli are not here today. It is Mr. Hans J. Allhoff, an associate of Ms. Berk subbing in. I've seen him in the courtroom several times before but did not know his role. Levine and Berk must be busy with other cases.

Mr. Simmrin is by the clerk's desk, chatting with Judge Coen, who is out of his robe.

Deputy DA Melissa Opper greets three young male interns from the DA's office sitting in the front row. I believe I hear that one of them is going to Stanford. Sitting right by them on the aisle is a pretty young blond woman, also possibly an intern working with defendant Baker's counsel, Mr. Simmrin.

Deputy DA Silverman is chatting with the really nice victim's advocate representative from the DA's office. I know I've been told her name a dozen times but it escapes me at the moment.

The parties are not on the record and I hear a return date being offered and the calendar would be set at zero of 60. It's not a trial date.  Deputy DA Silverman is chatting off the record with Simmrin, something related to deposits in a bank account and a "$30,000" transaction.

There are counsel from another case in the court room and the defendant in that case is brought out. Judge Coen goes on the record. I hear Judge Coen talk about a Pitchess Motion. That hearing is over in less than two minutes.

I now overhear what the delay is about. Defenant Baker refused to come out of his cell. Simmrin says something about going to visit him down at the jail to try to circumvent a potential extraction order by the court. Judge Coen tells Simmrin that "... once they refuse [I] sign a permanent extraction order."

I hear the September 4 date again and it looks like that will probably be the return date.

Mr. Simmrin mentions that he just received new discovery today, 30 items. One item is different sets of financial records.

I miss the next bit of exchange, but then hear Deputy DA Silverman say to Mr. Simmrin, something to the effect of, This is where [we? you?] can drop the [length of the] trial down ... make some deals. She then says to Simmrin, "Well, you already know what your deal is."

Judge Coen goes on the record in the Baker/Sementilli case. Defendant Sementilli is brought out. She is in an orange jumpsuit. Her hair is very dark brown. The court puts on the record that counsel requested a return date of September 4. Mr. Simmrin agrees on that date for his client and to delay the trial 60 days from that date. Judge Coen asks defendant Sementilli if that date is acceptable and she agrees. Judge Coen then puts on the record a permanent extraction order for defendant Baker.

And that's it.

Next pretrial hearing is September 4, 2019.

Monica Sementilli & Robert Louis Baker Pertrial Hearing 9

Clara Shortridge-Foltz Criminal Justice Center

Downtown Los Angeles

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

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

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

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

Monica Sementilli & Robert Louis Baker Pretrial Hearing 9

Previous post can be found HERE.

Fabio Sementilli, murdered January 23, 2017.
Photo Credit: dearhairdresser.ca

UPDATE 2/27: edited for spelling errors
February 21, 2019
8:28 AM
I arrive at the elevator bay of the Clara Shortridge-Foltz Criminal Justice Center at the same time as DDA's Beth Silverman, Melissa Opper and their clerk-interns. The two clerks working with the DDA's are young and bright looking. They have that sharp, aware look in their eyes.

We take an elevator up to the 9th floor together. DDA Silverman always says hello when she sees me. DDA Opper is wearing a sleek light chocolate coat. I want that coat. Not specifically her coat, since she is a tiny, petite person, but one just like it once I lose the rest of the weight I put on when I was with my ex. I'm envious of the sharp looking heels that Beth and Melissa are wearing. I've not been able to wear heels since I broke my left ankle in four places about 30 years ago.

8:30 AM Inside Dept 101, Judge Coen's Courtroom
DDA'sa Silverman and Opper take their places at the people's table and start arranging their files. I take a seat in the second bench row. The interns sit in the front row, near the people's table. Defense attorney Leonard Levine arrives with the gray haired man whose name I still don't know. Mr. Levine goes to DDA Opper and documents are exchanged. Blair Berk has not arrived yet.


There is a different court reporter at the reporter's desk that DDA Silverman knows and they start to chat like old friends. Over at the clerk's desk, Judge Coen's clerk asks Mr. Levine if they are still waiting for Ms. Berk. I do not hear his answer. Ms. Berk does not come to the hearing today.

8:34 AM
Judge Coen comes out from his chamber to chat with his clerk. We are waiting on Mr. Simmrin, Baker's defense attorney. DDA Opper hands several pages to DDA Silverman and Beth asks, "Whose is this? I can't read it." She then says, "This is Lenny," referring to Mr. Levine. I'm guessing it's something Levine has filed on behalf of his client.

The gray haired man who arrived with Mr. Levine chats with Judge Coen at the clerks desk like he often does. It's clear the men know each other well. I note that Beth's necklace today is several, long fine strands of gold chain. The two DA interns chat while Beth talks about her new puppy. Beth and I both love animals but she is a dog person and I'm a cat person. I'm still not completely settled in my new place yet. Once I am I will be shopping shelters and rescue organizations for my next feline companion.

8:45 AM
We are still waiting on Mr. Simmrin, Baker's defense attorney to arrive.

8:47 AM
Judge Coen goes back to his chambers and puts on his robe. He then takes the bench and waits on the bench. Judge Coen has some papers in his hand that he appears to read. He appears contemplative. He gives out a heavy sigh that I can hear.

An Asian man enters and takes a seat in the far corner of the back row.  DDA Silverman reads a motion paper. The courtroom bailiff gets chairs ready at the defense table. Defendant Robert Louis Baker is brought out and placed in the chair he usually sits in at the end of the defense table. His attorney is still missing.

Judge Coen and his female clerk chat. It appears to be about the case that is currently in trial in Judge Coen's court. The defendant is Francisco Cardenaz Guzman a hotel owner charged with murder. The handsome DDA John McKinney is prosecuting the case.

8:52 AM
Defense attorney Michael Simmrin arrives and apologizes to the court for his tardiness. Simmrin is in the transition stage of leaving the Alternate Public Defender's Office and (I believe) entering private practice.

Judge Coen goes on the record in this case. He states that defendant Sementilli missed the first bus. The court expects that there will be a motion to sever the two cases but nothing has been filed yet. Discovery is discussed. Mr. Simmrin states he is waiting on another batch of discovery from the people. DDA Opper holds up a drive indicating she has what he is expecting in her hands. DDA Silverman states that what is on this drive is "... a lot of potential evidence."

Mr. Simmrin is pushing to move the already set trial date forward because he has no idea how much information is on the discovery drive he has not seen yet.  The court states that there is nothing that you (Mr. Simmrin?) can do at this time. The court will leave the trial date to stand for now.

DDA Silverman informs the court that they have over 100 witnesses the people are going to have subpoena on this case. My understanding is she is indicating the current trial date is not nearly enough time to prepare for that. Mr. Simmrin states he does not know what is on the discovery he hasn't seen yet but he could not be ready for trial by the original trial date.

Judge Coen speaks quickly about Mr. Baker's six amendment rights. He knows that Mr. Simmrin has a lot of discovery to still review. He tells him, "I won't have an attorney unprepared for trial."

Then there is a back and forth discussion between the court, the people and the defense about the next court date. Several dates are thrown out until they finally settle on March 27th. The court states the matter is continued to that date for pretrial. The court adds that the trial date still remains.

DDA Silverman tells the court that they have subpoenas for multiple records for various financial institutions. The court clerk indicates that one subpoena did come in, from Proctor & Gamble.

DDA Silverman asks for permission to take the documents, copy and disburse copies to the defense. That's agreed. She then asks for a continuing stipulation that the people can come in and pick up these documents as they come in and make copies for disbursement. Mr. Levine is agreeable as long as the people tell them where the documents are from. Mr. Simmrin has no objection either. The amendment is agreeable.

8:57 AM
And that's it. They are off the record.

There is a bit of banter between the court and counsel off the record on unrelated subjects. Judge Coen asks Mr. Simmrin if he is out yet because his name has been removed off the website. Mr. Simmrin states that his last day is tomorrow, Friday.  DDA Silverman tell the defense attorneys that she will need another drive from each of them. Mr. Simmrin walks over to the DDA's interns and introduces himself.

An attorney enters Dept. 101 with files and a rolling cart. He's probably one of the counsel in trial at the moment in front of Judge Coen. Judge Coen tells the counsel that [?] is sick today and he's not sure if they will be in trial tomorrow.

As counsel start to gather up their things Judge Coen states he's getting an "...eighth box today..."  Judge Coen when he is in trial, or making rulings, has these long black boxes on his bench filled with index cards that hold all the Superior Court decisions. I've seen Judge Coen reach into one of these boxes and pull out a ruling to quote from it. DDA Silverman states that Judge Coen must get these boxes custom made.  There's more banter between DDA Silverman and the court and then everyone slowly heads out. As I leave I note that DDA John McKinney is in the well of the court -somehow I missed seeing him come in- speaking with the other attorney and Judge Coen.

I have a debate with myself on staying to listen to a bit of the current trial but ultimately decide to head over to the old Federal Building on Spring street for breakfast. The cafeteria in the criminal court, the line for service is out the door.

Monica Sementilli & Robert Louis Baker, Pretrial Hearing 8

The previous hearing on this case can be found HERE.

LAPD Booking Photos

January 17, 2018
It's been a very wet week in LA County. We've been hit by a heavy rainstorm for four days, threatening the hillsides from the devastating fires and even areas that did not get burned. Mudslides overtaking homes are always a big concern during a storm. The rains drench the unstable hills and home foundations can move.

Hopefully the rain will let up by this afternoon and we will have a dry weekend. I've been in my new home a little over two weeks but I haven't even started painting yet. I'm still adjusting to tin can living. I'm starting to doubt my memory at times and have been very forgetful about things. Friends tell me I'm just overwhelmed by all the change in such a short period of time. My purse was stolen about a month ago at a bus stop. I was taking the bus for a couple days while my car was in the shop. With my stolen bag, I lost my backup hard drive that had my work and photos going back 20 years. All gone, unrecoverable. A few days ago, I left my phone in a Target restroom that fortunately, someone turned in. I didn't lose that, thankfully. And today, I believe I left my umbrella on a bench in the North Hollywood subway train station. When I got downtown, luckily, there was only a light rain and I didn't get too wet on my walk from the station to the Clara Shortridge-Foltz Criminal Justice Center.

The 9th Floor
I make it to the 9th floor right around 8:30am.

I don't see anyone from the prosecution team and only one person from the defense team, the tall, slender man I believe is a data expert. A few minutes later DDA's Beth Silverman and Melissa Opper arrive with one of their clerk interns. Beth and Melissa are both wearing all black outfits, with Beth complementing hers with a black and white scarf. It's my understanding that a few interns that have clerked for Beth in the past have been hired by the DA's office as DDA's once they've passed the bar. Minutes later, the DA's victim advocate arrives.

Inside Dept. 101
The gray haired gentleman I believe is a defense investigator is at the clerks desk chatting with Judge Coen, who is not wearing his robe.

8:37am
Baker's defense attorney Michael Simmrin arrives. I hear DDA Sliverman address him with the question/statement, "Good news?" Simmrin responds, "Good news." DDA Silverman responds, "Let me guess. You're hiring a prosecutor to work in the office with you?" I have no idea what they are talking about but it's obviously something within the Public Defender's Office or Alternate Public Defender's Office. DDA Silverman and Simmrin appear to chat about more departmental news. Simmrin is also carrying a unique umbrella that he is showing Beth and Melissa. It looks like it might be this BetterBreta umbrella.  More news is being bantered about. The burly deputy sheriff I often saw around the courthouse and in cases I attended, Sargent Westphal has been promoted. He's a lieutenant now.

Judge Coen is now on the bench and asks the parties if they are ready to do this and to bring the defendant's out. But I don't see Blair Berk. She did not come today. It's only then that I see defense attorney Leonard Levine. He must have just arrived, since I did not see him come in.

While they are waiting for the deputies to get the defendants, Judge Coen and Levine chat off the record about a trial date. Then Judge Coen addresses Simmrin. The court says something to the effect of (I don't have this exactly correct), I hear we are waiting on [a motion?]. Simmirin tells the court that they are waiting, yes.  It's something about a motion Simmrin will be filing on behalf of his client. From what I heard, I gather Simmrin is still working on the motion. Baker is brought out. 

Judge Coen then asks Simmrin, "Did you tell anyone else?" Simmirn informs the court, "Yes."

I believe I hear Levine tell the court, "[Obviously?] I was informed."

Levine and Judge Coen continue to discuss the trial date that is still on the court's calendar. Judge Coen comments to Levine on the discovery, "...when you reach [over] 100,000 pages ..."

I take the court to be implying that going to trial this quickly with all the discovery being turned over is not practical.

Monica Sementilli is brought out. She is in an orange jumpsuit this time. That's different.  I also notice a blue barrette in her hair.

The parties tell the court that they have agreed to a February 21st return date. The April 29 trial start date will remain on the calendar for the time being. Judge Coen mentions a concern about that date. From what I'm hearing it's pretty much a given that date will be vacated soon.

DDA Silverman tells the court there is a new batch of discovery to pass onto Mr. Simmrin. They have been waiting for Simmrin to give them a hard drive. Mr. Levine has already received this batch that will also be passed on to Baker's defense.

DDA Silverman also informs the court that just this morning, the LAPD has provided her office with another hard drive of discovery. Her office will need more drives from the defense to pass on this latest batch. DDA Silverman informs Levine that there is [another] "...search warrant out there..."

I took this to mean the search warrant was related to the latest information the DA's office just received from the LAPD, but I could be wrong about that.

And that's it. The hearing was over in minutes. That's often how these things go.

The next pretrial hearing in the case is February 21.

The next post on this case can be found HERE.

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

The previous hearing on the case can be found HERE.

Fabio Sementilli

Source: Hair Talk.com

December 13, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The next post on this case can be found HERE.

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

Previous post can be found HERE.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The next hearing on the case can be found HERE.

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

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

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

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

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

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

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

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

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

Monica Sementilli & Robert Louis Baker, Pretrial Hearing 5

Previous post can be found HERE.

LAPD Booking Photos

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The next post on this case can be found HERE.

Monica Sementilli & Robert Baker, Pretrial Hearing 4

Previous post can be found HERE.

Fabio Sementilli 

Source: Dearhairdresser.ca

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



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

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

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



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

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

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

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

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



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

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

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

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

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

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

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

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

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

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

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

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



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



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

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


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

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



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



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



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

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



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



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



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

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



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

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

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

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

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



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

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

And that’s it for today’s hearing.


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

The next post on this case can be found HERE.

Monica Sementilli & Robert Baker, Pretrial 2

Previous post on the case can be found HERE.

Fabio Sementilli 

Source: Dearhairdresser.ca

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

And that's it for the hearing.

The next post can be found HERE.

Note from Sprocket
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