Dawn DaLuise Case: Pretrial Hearing 3 - Preliminary Hearing

Dawn DaLuise at a prior court hearing.

UPDATE 6/24: spelling, clarity, grammar, added court ruling on bail reduction request

8:12 AM
I’m on the 8th floor of the Airport Courthouse, waiting for Dept. E, Judge James R. Dabney’s courtroom to open. I was a bit alarmed by the lax security through the security scanners this morning.  It appeared that many employees walked through the scanner carrying items or with bags over their shoulders. They did not appear to be wand scanned afterwards. I can’t be positive, but it also appeared that with the walk through scanner went off for some members of the general public, they were not wand scanned either.

I was the first person on the eighth floor this morning. There is one other gentleman at this end of the hall now, and about three others at the other.

When I left the house at 7:15 AM, I thought I would not get here in time. Traffic was quite jammed up on the 405 South for the first few miles.  Once I got past Sunset Blvd., things opened up. I was already on the freeway when I realized I forgot to take my lunch   that Mr. Sprocket had gotten ready for me the night before.

I have no idea how long this preliminary hearing will go, or if it will even go off as planned today.  Mr. Sprocket has two doctor appointments on Wednesday that will probably take most of the day, and this Friday, are three hearings downtown on the same date in the Cameron Brown, Michael Gargiulo and Alberd Tersargyan (aka Albert Haroutunyan). I won’t be able to attend all three, but maybe I can attend two of them.

8:25 AM
I’m betting that the prelim won’t start until 9 or 10 AM. I wouldn’t be surprised if there are  a few other pretrial hearings that Judge Dabney has to clear before the prelim.

8:34 AM
I'm inside Dept E. Judge Dabney is not on the bench. I'm going to use my laptop to type until it looks like things are getting started.

Someone behind me is whispering my name.Oh. My. God. I can't believe it. It's ALAN JACKSON!!! We step outside to get caught up. Jackson tells me he does miss the DA's office, but he is very happy working on civil litigation cases.

9:04 AM
I forgot to mention that Jackson did ask how Mr. Sprocket was doing.

9:05 AM
No Philip Dube yet. The courtroom gallery is less than one-third full.  There are about twelve attorneys in the well. Jackson, his co-counsel and DDA Amy Carter (pretty, glasses, auburn hair in a ponytail today) are off to my right chatting in the aisle.

There is a video camera set up, most likely for the DaLuise preliminary hearing.  Because the the layout of the courtroom, I'm hoping the camera won't pick up up in the background. The podium is in the center, inbetween the defense and prosecution table, so it is difficult to see the witness.

9:15 AM
Philip Dube arrives. He goes to the interview room to speak to his client.  Jackson greets familiar faces in the courtroom.

9:20 AM
Judge Dabney takes the bench. The first case is called. The defendant is not present.  Second case is called.  It's interrupted while Jackson, his co counsel and DDA Carter approach the bench on their case.  The second case is finished then Jackson's case is called. It's set over for July 8.

Then the Dawn DaLuise case is called. A different attorney steps up. It's not public defender, Philip Dube.   The people filed a motion to continue the case. The prosecutor DDA Steggell is in trial. DaLuise's new attorney objects. DaLuise is not willing to waive time. The new attorney reminds the court that when he was here last week, and took over the case, the court wanted to be sure he was ready for prelim on this date.  The defense is ready. The Judge asks the people if the cases falls under 1054a, or (I believe) family law.  The people respond it does not.

The Judge states he's inclined to decline the people's request. The people state that Mr. Fullerton is ready to step in and try the case for the people. Steggell hands off the prelim to DDA Fullerton. DDA Steggell tells the court that it will take the investigating officer about a half our to get to court. The prelim will resume about 10:00 am. DDA Steggell then speaks to an older, Spanish looking couple seated to my left, and tells them that it will be delayed until about 10:15am.  I'm guessing this is the intended victim, Gabriel Suarez's  relatives.  DDA Steggell then speaks to DaLuise's new attorney, a tall and handsome, younger looking black man.

I follow DaLuises's new attorney out of the courtroom and introduce myself. I ask if he is the new attorney taking over for Mr Dube. He replies yes. I ask if I could get his name or his card. He doesn't have a card on him, but he tells me his name.  His name is Jamon Hicks, of Douglas Hicks Law Firm.

I've got to get back up to the 8th floor.

10:12 AM
I'm back inside the courtroom. Judge Dabney is not on the bench. DaLuise's new attorney, Mr. Hicks, was in the cafeteria working when I left.

T&T readers, this may be the last preliminary hearing that I will be able to attend for some time. I don't know what the future will bring. I don't know where life will take me, but I am going to have to find permanent work of some kind, if Mr. Sprocket and I are to survive and save our house.  If you have appreciated T&T's in-depth trial coverage in the past, consider making a donation.

10:15 AM
The court reporter is over at the bailiff's desk and where a jovial conversation is in progress.  Mr. Hicks arrives with a rolling cart.  There appear to be several people in the gallery for other cases, but I don't know why they haven't been called yet.

10:43 AM
We are waiting for DDA Fullerton to return. Judge Dabney left the bench. I overheard someone in the well state that the witness is still about 20 minutes away.  The man sitting next to me yawns, and it becomes contagious. I yawn in response. It didn't help that I was up until 11:00 pm getting an order from my Etsy store ready to ship out. Very grateful my neighbor is able to drop it off at the post office for me.

10:45 AM
Judge Dabney is still off the bench. DDA Fullerton returns and starts setting up his files. I overhear him tell Mr. Hicks that if he plays the video, it's over an hour.

5:50 PM
Short update here to let you know Judge Dabney's ruling. I will have a full update sometime tomorrow.

Judge Dabney stated that Ms. DeLuise believed Mr. Suarez was responsible for the stalking/ harassment providing for ample motive.  The defendant referenced "taking someone out." She sent the victim's name to Christopher Geile. She sent a photo of the victim's residence (a four-plex building) [and I believe, how to identify the unit]. "It does appear to me that the offence has been commited ... and should be held to anwser."

The defense then argued to have lower bail. The prosecution objected to lower bail stating there was no change in circumstances. The court just ruled that she should be held to answer. The court denied a reduction in bail.

The court sets the arraignment for July 7th in this courtroom. After arraignment, the case will be sent to Matrix Court. (My understanding Matrix court is similar to Dept. 100 in downtown Los Angeles. It's the Master Calendar court.)

I will also add that the defendant made a noteworthy admission during a taped interview LA County Sheriff's Detective Steven McCaulley (after the investigation turned from a harrassment/stalking case to a solicitation for murder) when he confronted her with her emails and texts she sent to various people.

Detective McCaulley, after confronting her with the emails and texts, he advises DaLuise to get some advice before making any other decisions. He reminds her that, ....from February 6th on, when you started talking about taking this guy out."  DaLuise responds, "I know."

My understanding of this exchange in the taped interview, (when I heard it in court and the full exchange) DaLuise admits here, that's what she was trying to do, solicit someone to "take Suarez out."

To be continued Tuesday, June 24.....

Dawn DaLuise Case: Pretrial Hearing 2

Dawn DaLuise in custody March 19, 2014. 

Photo Credit: KTLA Pool Camera

UPDATE 6/23: An earlier version had Judge Dabney's name spelled wrong. I apologize.
May 19, 2014
8:15 AM
I’m on the 8th floor of the Airport Courthouse.  I arrived before 7 AM, missing most of the 405 traffic. Unfortunately, the cafeteria doesn’t open until 7:30 AM so I sat in the lobby to wait.  While I was waiting, I did have a very interesting chat with a woman, a retired minister. She was here for her first experience on jury duty.

My lobby companion lived most of her life in the center of her east coast state. When she and her husband retired, a family member offered them the opportunity to live with them in their home in the south bay area. They jumped at the chance.  They currently live in on the coast and are relatively recent transplants.

I shared with her a little bit about the LA County court system.

8:23 AM
Although there are several people from the general public here, I don’t see a single person from the media. A few people come and try the doors to the two courtrooms on this wing of the hallway.

Just to be sure that nothing’s changed, I check the LA county Sheriff’s inmate locator site again. The date is today and the courtroom is Dept. E.

There is a new sign on Judge Dabney's courtroom door that states no electronic media. It specifically states NO laptops. I'm disappointed.  Wont be able to use my laptop to write.

8:26 AM
I put my phone on silent and try to stretch out my low back.  I was up until 4 AM, helping Mr. Sprocket on a new ductless split system at a bakery.  I slept for maybe an hour before I got up to get ready to come here. I have no idea when I’ll get these notes written up.

8:33 AM
The courtroom opens. People head inside. I debate on whether to get in there to get a good seat, or wait to see if any of DaLuise's family show up.  I close up my laptop and head inside.

Inside, there are signs that indicate no sitting in the first row. I take a seat in the second row, directly behind the defense table. Judge Dabney's courtroom is a mirror image of Department F, next door.  The black female bailiff's desk is to the right. The court clerks desk is along the wall directly beside the curved corner bench.

I believe I forgot to mention in my last notes, that the courtroom ceilings are constructed and a nice, wide arch. Very attractive.

The clerk is at her desk and it is eerily silent in here.  After a while, I start to get a little chilled. I forgot to bring a light sweater. There are several attorneys in the well and three in the lone chairs on the very left side of the gallery.

There is another desk directly beside the clerks desk. Then there is a walkway space to the jail area and the bailiff's desk to the right. There isn't a phone or computer at this desk but there is a file basked and what appears to be an industrial size hole punch or stapler. An attorney stops at the clerks desk to check in. There is a woman seated at the extra desk. She looks like a defense attorney. A Latino woman in the gallery gets up to speak to her.  The woman at the desk replies, "It will be a while."

Another deputy opens the door to the custody area and peeks his head inside Dept. E for a moment they goes back inside the jail area.

8:45 AM
Judge Dabney's court reporter arrives.  On the right side wall next to the gallery there is a large, permanent sign that says "No Food Or Drink In Courtroom."  There are individual fold up seats just like in Dept. F.  Two male attorneys come and go and then enter again.

Just to be safe, I put my phone in 'airplane' mode.


The female bailiff takes a suit of clothes back to the custody area. I start to yawn. I'm hoping I don't fall asleep. I had about a quart of iced tea this morning and a second, hot tea in the cafeteria. I only had sausage and hash hash browns in the cafeteria for breakfast. I was too afraid to have scrambled eggs because I'm still not sure exactly how I got the food poisoning after my last trip here.

A woman enters from the back area, sits in the jury box and is typing on her cell phone. My best guess is that she is a court appointed interpreter.

A defense attorney asks the bailiff if his client could be brought up so that he could speak to him. He is informed he may have to go to another area to see him because they already have some one (back in the private room/cell?).  A minute later he says that's okay, "Where ever."  The bailiff then calls him back to speak to his client.

It's now that I realize there are two ways that defense attorneys can speak to their clients. There is a second door to the custody area in the far back right corner.  It has a sign on it that says "Interview Room - No Cell Phones Allowed." This door does not have a window or one of those special locks on it like the doors behind the bailiff's desk. My guess is, this leads to a room where there is an enclosed "cage" area, much like Dept. 30 downtown, or Dept. 100 at Van Nuys.  I imagine there could be several defendants in this area at once, talking to their attorneys.

I'm guessing that DaLuise's case wont be called early since her family isn't here.

9:03 AM
A female attorney checks in with the bailiff.

9:15 AM
I didn't see him enter, but there now is a slightly balding white haired man sitting in the well seats directly in front of me. Is that defense attorney Pat Harris? I didn't see him check in with the court clerk. It will be a surprise if it is. Pat Harris defended Cameron Brown in his second trial.  Harris was affiliated with Geragos & Geragos for about 15 years or more. Now he has his own practice.  I attended most of Brown's second trial. I became ill right after the defense case started and missed several defense witnesses.

The defense attorney stands and faces the gallery. It is Pat Harris. He's known for defending Susan McDougal and co-authoring a book about it. I address him. "Pat Harris." He looks at me, but he doesn't recognize me. It has been a while. I add, "Betsy Ross, Trials & Tribulations." He smiles. He's surprised to see me. He replies that it's been six years.  I inform him that his former client is now pro per and still in custody.

It's my understanding that Brown earns "good time" credits while in the LA County Sheriff's custody. I believe (but I'm not positive), that he earns 1 day for every two days served in county.  He's been in county custody over 10 years. If Brown got convicted of second degree murder, it's possible he could be eligible for parole after he's sentenced.  It doesn't mean he will get parole, it just means he's eligible.

9:20 AM
Philip Dube, (pronounced Due-bay) DaLuise's public defender is her. I don't see any family. Dube comes out from the jail area carrying some magazines. He hands them to a gentleman in the last row, sitting on the other side of the courtroom. The man is older, gray hair and a beard. I don't believe he was here last time. If he was, I didn't see him. I hear Dube tell him that DaLuise is not allowed to have magazines while in custody.

It's my guess that one of the reasons that magazines are now allowed is because of the staples that could be used to hold them together. I can see the face of the magazine that was on top: People.

Judge Dabney takes the bench. He has mostly black hair, slightly balding with a grayish mustache and small beard. The first case is called. A defendant in an orange jumpsuit is brought out.  While this case is heard, Pat Harris and Dube get up from the well and chat beside the right wall in the gallery. Now I'm wondering how Harris is associated with the case.

I've become fascinated with the unusual lock on the door to the jail area.  It takes a huge, flat key that's on a ring on the bailiff's waist. From where I'm sitting, the key looks like it's three or four times the size of a normal door lock key.

Harris paces back and forth in the well. When the first case is over, Harris addresses the judge. He tells the court, "My is a witness who was ordered here today." Harris' client is Edward Feinstein, who is not in the courtroom. New discovery was provided to the defense late (last night? Friday?) and it's going to be held over.  The judge orders his client back for the next hearing.

That's it for Harris. He takes off.

It appears that Judge Dabney wanted to call the DaLuise case but her counsel can't be found. Someone tells the court that he needed a few more minutes with his client.

Another case is called in the mean time. A defense attorney tells the court that his client changed his mind and decides to take a plea on count 2.  The defendant takes a plea on a charge of assault with a deadly weapon.  He pleads no contest. Judge Dabney makes sure that the defendant understands his rights and that he is giving up his rights by pleading.

9:50 AM
Judge Dabney leaves the bench. Mr. Dube passes an envelope to the gray haired friend of DaLuise. I hear him say, "These are some cards and letters."  I don't think that DaLuise had these cards and letters in her possession and gave them to her attorney. My guess on what happened is, Dube may have been able to share these items with his client in custody, or he returned them to DaLuise's friend because he was unable to share them with her.

The courtroom is back to that eerie pin drop silence.  There are only eight people in the gallery.

10:05 AM
DDA Heather Steggell, who is prosecuting the DaLuise case, returns. I believe Dube is still with his client. My notes are not clear, but I think Judge Dabny is back on the bench and asking if they can do the DaLuise case. He's told that Dube is still with his client. The bailiff gets up to check.

DDA Steggell gets up and goes to the 'Interview Room' to ask Dube if they can call the case. Steggell has a three defendant plea next door.

10:17 AM
Mr. Dube comes out from the interview room.  Judge Dabney and counsel talk about future dates off the record. They want to set the case at zero of 10 on June 23.

Judge Dabney calls the case: SA086704. DaLuise is brought out. I believe she has a waist chain, or is cuffed at the waist somehow. She quickly looks in the gallery and smiles at her friend in the back row.  Dube tells the court, "Friday, I received a large packet [of discovery] from the people and apparently more is to come."  Judge Dabney asks, "What is it?" I believe it's Steggell who answers. "Analysis of computer and phones from the defendant." She continues, "There are other witness phones (and computer?) ..." that still need to be analyzed. She tells the court that the report on the defendant's computer and phones is "pretty substantial. ... There is one witness computer in the process and possibly a second witness."

Judge Dabney rules that he wants everyone back on June 9th. The 9th doesn't work for Dube. Dube offers Friday the 13. Judge Dabney replies, "I'm not superstitious."  DaLuise lets out a little giggle or laugh at the courts comment.  Dabney orders Edward Feinsten, the prosecution's witness to be on call for the 13th and ordered back on the 23. And that's it. As DaLuise is taken back into custody, she turns to the gallery again. Smiling at her friend she lifts her palm up slightly to give him a wave.

After I leave Dept. E, I head up to the 9th floor to see if Judge Deborah Brazil's courtroom is open. I'd like to drop in and say hello. The door is locked so I make my way back home.

Dawn DaLuise Case: Pretrial Hearing 1

Dawn DaLuise in custody March 19, 2014. 

Photo Credit: KTLA Pool Camera

UPDATE 6/23: An earlier version had Judge Dabney's name misspelled. I apologize.
UPDATE 5/24: An earlier version of this story included the first names of two family members of the defendant. They have been removed at the request of the defendant's family. 
It is not known if anyone went to authorities about the stalking or who notified authorities about the murder for hire plot. Sprocket.
April 18, 2014
You may have heard about the Dawn DaLuise case that unfolded in early March 2014.

DaLuise, a skin care specialist and owner of Dawn DaLuise Skin Refinery in West Hollywood, California. DaLuise who catered to celebrities and had been featured in several magazines, including Vanity Fair, was arrested March 5th by the LA County Sheriff's Fraud & Cyber Crimes Bureau. She's charged with 'murder for hire' of Gabriel Suarez, a competitor who in 2013, opened up his skin care business, "Smooth Cheeks" in the same building (8543 Santa Monica Blvd.) as DaLuise.

I heard about the case about a week after the arrest from a long time girlfriend (I'll call her 'Pat,' not her real name), who was a client of DaLuise. Pat relayed the story much as it was explained in the LA Times and a segment of the ABC 20/20 episode that aired April 11th.  A witness, Edward Feinstein, is alleged to be the individual who did the actual stalking of DaLuise. He is out on $150,000.00 bail.

According to Pat, DaLuise told her that someone was stalking her. The stalker had taken out suggestive, rape fantasy ads on Craigslist with DaLuise's photo, phone number and home address.

Pat was in shock that DaLuise was arrested and the fact that her bail was one million dollars. I explained that the high bail amount is the standard minimum whenever there is a murder or attempted murder charge against a defendant.  The fact that DaLuise was still in jail only meant that she has not been able to make her bond yet, not evidence of her guilt.

Backside, exterior view, LA County Airport Courthouse

I checked the LA County Sheriff's inmate locator web site and discovered DaLuise's case was filed at the Airport Courthouse.  This courthouse, which opened in February 2000, is a relatively new building, as far as court buildings for LA County go. I had never been there, so I thought it would be a good opportunity to see the building and sit in on DaLuise's hearing.

Getting to the Airport Courthouse required leaving the house almost an hour earlier than when I leave for downtown, so I don't hit any traffic on I-405. Once I found parking, I got breakfast in the Cafeteria. The security station on the main floor doesn't open until 8:00 AM. When I get in the security line, it's quite long. It has wound the length of the long lobby hallway three times. Fortunately, the line moves pretty quickly.

The Courthouse has nine floors and thirteen courtroom. At the end of the long lobby there are four glass elevators in a half circle, which are visible in the above photo. One of the elevators has a sign in front that states it's not in use.

When I get to the 8th floor, there’s a sign on Dept. E, Judge James R. Dabney's court, that the courtroom is dark, and all calendar matters will be held in Dept. F, Judge Mark Windham’s courtroom.

A cameraman with a tripod is here with a thin, blond reporter with ABC 20/20. I don't recognize her but she remembers me. I met her at the Kelly Soo Park trial. She is kind enough to give me the correct spelling of the defense attorney, Philip Dube, with the Public Defender's office. 

The DA's case calendar indicates the prosecutor assigned to the case is Heather Steggell.

There are less than a handful of people in the beautiful glass and tile building.  The floor tiles are an alternating pattern of off white and black & green squares surrounded by cream rectangular pieces. The walls are tiled using the same colors in large 12x24 inch tiles.

A red haired woman wearing a leopard print blouse walks down to this wing and checks the door on Dept. E. I'm checking our her red leather handbag. I say to her, "You here for Dawn?" She takes the cement bench beside me and replies that she is and asks me if I know Dawn. She is a friend. I tell her that I don't know her, that I'm an independent journalist.

The red haired friend gets up and hugs a pretty younger woman. She also greets a middle aged man. I hear her say the man's name. There are a few other supporters here. An older black woman that the younger woman hugs.  An eclectic group.  In the hallway, I chat with my friend Pat who tells me that this might be Dawn's ex-husband.

8:34 AM
The courtroom opens but no one heads inside. A suited gentleman with a badge walks by.

9:04 AM
I finally enter Dept. F and take a seat beside the blond reporter in the first row. She points out Dube to me. I continue to use my laptop in court since the judge is on the bench and no one has told me I have to close it. I see Dube head into the jail custody area to speak to his client but he comes back out quickly. There is a little window in the door to the jail area. The bailiff's desk is right in front of the door. It appears Dube might have a clerk with him, a very young looking man. No, I'm wrong.

9:13AM
The courtroom is not set up like a typical courtroom with the bench in the center of the back wall. This courtroom is different. The wood bench is a quarter circle in the back left corner. The back wall is wood paneling with a small State of California seal in the center, just like the ones I've seen on the lower floors of the downtown criminal court building.

The gallery seating are individual fold up seats with seat and back cushions. They're not bad. The fabric covering the seats is a muted blue with tiny lighter gray squares. All the courtroom decor is complimentary to the overall building design and colors.  The counsel seating in the well area is quite nice, too. All the chairs have a wood trim across the high backs. You can see one of the chairs in the photo of DaLuise.

The four people here for DaLuise are on the other side of the courtroom and a row or two back. From left to right they are, the black woman, the young woman, the possible ex-husband and then the red headed friend.

The ABC and I both wonder if the young woman in court is one of DaLuise's two daughters. DaLuise has posted photos of her daughters, as well as their names and ages on her Twitter account. I can't tell from where I'm sitting if it is one of her daughter's in the gallery, but it's a good bet.

9:16 AM 
Judge Mark Windham comes out and takes the bench. He's wearing glasses. The bailiff asks everyone to stand. Court is now in session.

The walls that divide the well from the gallery are much higher than the downtown courtrooms. My laptop can't be seen from the bench and the bailiff doesn't ask me to close it.

Another case is heard first. It's put over over till tomorrow. A second case heard. The ABC reporter tells me that Mr. Dube is not in the courtroom at the moment. Counsel come and go. There are about five DA’s in the well and three defense attorneys.

Second defendat is brought out.  It's a death penalty case. It's put over for another date. The people don’t oppose a continuance.  Time is waived continued to May 2.

Third defendant brought out from custody. This is a sentencing. Appears that circumstances were, for the defendant to pay certain amount of victim restitution or sentenced to180 days in jail. Caltrans on probabtion violation paid part of it. There are some reports missing but the defense attorney says they have a plea transcript. There is no probation report. The defense attorney waives that. Grand theft. Probation for three years. Defendant to serve 180 days in LA County jail. The defendant's good time credits are outlined. 100 days credit against 180 days. Restitution $2,157.00. The defendant paid $1,000.00 last November 12. The court (claimed? indicated?) on February 25, the defendant paid $500.00 more. The defense attorney states his client did not pay that. The parties are working out the specifics. The people agree.

I look on over at the jury box. There appear to be 14 or 15 seats in three rows.

A fourth case is called that requires a Spanish language interpreter. It's a 3 count arraignment. Defendant pleads not guilty and denying all special allegations.  The cameraman sets up his camera in the jury box.

9:30 AM
A fifth case is called. The defense and people state their names for the record. The DDA is Ms. Walker. There are new occurrences.  The interpreter returns to her seat in the jury box, first row.

I note there are some beautiful tall wood file cabinets against the wall right beside the jury box, with a few plants on top. The California State flag and US flag are on poles on each side the State of California seal. The witness box sits in between the flags and under the state seal. This is where one would normally find the judge's bench.  The court reporter's desk is directly in front of the witness box.

A sixth case is called. I can't pronounce the defendant's name. He's wearing the LA County jail's new pale, lime green jumpsuit. There is an admission the defendant violated his probation.

9:36 AM
The youngish looking man that was speaking to Dube is Matthew A. King, an attorney with the State of California, Dept. of Justice, Office of the Attorney General. He is here to plead to the court to have DaLuise's Esthetician License put on hold/ revoked pending the outcome of the trial.

Earlier I saw the young woman that might be one of the defendant's daughters leave the courtroom for a time. Now she's back.  She comes over to the ABC reporter sitting next to me. She confirms the reporter's name. She introduces herself. She say's her name. It is one of DaLuise's daughters. She hands the ABC reporter a subpoena.

The reporter doesn't understand why she is being subpoenaed. This probably has something to do with the ABC 20/20 segment. I tell my reporter friend to contact her legal department as soon as possible. I'm surprised the reporter was served in open court, while the judge was on the bench. I've never seen that before. I thought it couldn't be done while court was in session, or even inside a courtroom but another reporter friend tells me it's legal.

9:55 AM
Mr. Dube enters the courtroom and then goes back to the custody holding area again.

I note that the clerk's desk is against the left side wall, directly beside the judge's desk. I'm trying to describe the side walls but it's difficult. They look like 2 feet by six feet, fabric covered panels in an off white color. They have a bit of a three dimension to them. From far away, they look like stone. There is a large sign on the side wall over the jury box, identifying the seat numbers.

Judge Windham stays on bench inbetween cases. He doesn’t go back in chambers when there is a lull in the courtroom.

10:15 AM
My laptop battery ran low so I had to switch to hand written notes.
More cases are called, but not DaLuise. It looks like there is a DDA permanently assigned to this courtroom to handle cases.

10:23 AM
Judge Windham asks if they are ready for DaLuise. DaLuise is brought out and her case is called. Judge Windham goes on the record.

Mr. King from the State of California. He's talking about protective orders. If the defendant makes bail, I believe King is asking for conditions be set on her bail that she not be allowed to practice. Dr. Conrad Murray's right to practice medicine in California was suspended pending the outcome of his involuntary murder trial. I will be surprised if the judge doesn't grant the State's request.

The prosecutor is not here at the moment. The DA assigned is in trial ... the defense waived time previously. The DA arrives. She is in trial in Dept. C.  I believe she tells the court that's scheduled to last through May 9th.

Judge Windham sets a date of May 12th for the prelim. That date is fine for the prosecution but the defense is in trial on that date.

I see that DaLuise has her right hand on her face, her elbow resting on the arm of her chair.

The judge goes over the defendants rights. The defendant has two rights, three really and prelim may not be unduly (violated?). There is a 10 day right then a 60 day right. These were waived for further investigation and discovery.  Further, there would be the right of reasonableness.

It appears the case may be continued without some other statute providing the defendant not waived the 10/60 rights.

DaLuise turns around to look at the gallery.  Judge Windham asks about a date of May 19th. Both parties agree. The court clock will be set at zero of 10 on that date. The case will be continued to that date.

I have in my notes Judge Windham, citation for People v. (Love?).

The people request a protective order for Garbiel Suarez, Elaine Suarez, Maria Suarez and Angel Suarez. I believe that's granted.  Judge asks to hear from Mr. King. King filed a motion on revoking the defendant's license to practice.

I have in my notes that (Pub?) cannot represent her on this motion. Judge Windham states, "As I understand ... the Attorney General may intervene in a case." It's not clear in my notes who says "... I'm not acting as a licensing agency..."

I believe Judge Windham continues, "... as a condition of bail, is a legitimate concern. ... Were this a purley civil issue, I'd understand ... concern. ... The way the Attorney General described ... is described in broad terms."

I believe DaLuise's defense attorney argues that this is a matter of bail and probation ...

There's more argument back and forth I believe, between the court and Mr. Dube. Judge Windham states, "I'm not going to consier limiting it in any other way. ... completely within bailwick as condition of bail. ... to protect the general public."

She occupies a position of great public trust.  Liken this to Prop 9.  (Victims?)  I see state of intervention in bail issue for purpose.  I'm not going to delay hearing and order to submit.

I believe Mr. Dube continues his arguments.

In setting bail, not aware of any condition to allow court to factor in employment. ... We are pre conviction. ... To strip her pre conviction is to consider her guilty. ... It will bar her from earning a living.

Mr. King states, purpose of setting bail is to protect the public.  I believe King brings up people v. Gray. The court can exercise that power and set as a condition of bail, suspension of practice or less (constrictive?) conditions of bail.  ... The prosecution alleges that defendant solicited murder against another Esthetician. ... Condition of bail ... she should be suspended from practice.

Judge Windham thinks his authority is clear to set a limit if bail is met.

This right is protected by preliminary hearing. If defendant should not be held to answer, then the issue is moot.

Mr. Dube argues the standard of proof, is a lighter burden (at prelim). Standard of the prelim is probable cause.

This is all moot if she remains in custody.

Judge Windham rules. "I think the public should be protected. ... risk to public. ... Temporary suspension of her license. ... Feel it is appropriate."

The amount of bail stands. If she makes bail, she is not to practice cosmetology and obey the protective order.  I believe the court asks if there is any other discovery from the people.  The people respond, "At this point, no."

The defendant is taken back into custody. And that's it.  Next hearing is May 19. The date for the prelim will most likely be set on that date.

I wait in the hallway for Mr. King to exit so I can get his business card. After that, I make my way home.

Links
Dawn DaLuise Website (Appears to be suspended)
Dawn DaLuise on T.witter
Dawn DaLuise on Facebook

Mainstream Media Reports
03/07/14 LA Times - Skin care expert to stars charged with plotting to kill rival
03/07/14 TMZ - Ex Detroit Lions Player Suspected Hit Man in Murder for Hire Plot
03/12/14 ParkLaBreaNews - WeHo spa owner arrested in murder for hire plot
03/13/14 LA Times - West Hollywood skin care guru wanted to kill rival
03/1314 CBS4 - Witness Arrested for Cyber Stalking Rape Threat that Led to Murder for Hire Plot
03/14/14 People - Celeb Facialist Ordered Hit on Wrong Guy
04/11/14 ABC 20/20 Video Report