Michael Connelly's Murder Book Podcast

UPDATE 1/25: Edited for spelling. Sprocket.
On January 28, best selling author Michael Connelly launches his true crime podcast, Murder Book, highlighting murders the mainstream media mostly ignored. The podcast is free. The first podcast will be ten episodes and is about the 30-year investigation into the June 29, 1987 murder of 21 year old Jade Clark. Retired Detective Rick Jackson first investigated the case when he was a homicide detective at LAPD's Hollywood Station.

Rick Jackson
I first heard about Rick Jackson back in 2008, when then Deputy DA Alan Jackson was assigned the Kazuyoshi Miura case. Miura had been reapprehended in Saipan on February 22, 2008. Detective Jackson was assigned to bring Miura back to the US. I remember seeing images of Det. Jackson and Miura getting off the plane at LAX. T&T covered the case until Miura committed suicide in LASD custody. By this time, Jackson was working in the LAPD's Cold Case Unit and I had heard stories about the legendary detective.

It wasn't until I became friends with author Matthew McGough during the Stephanie Lazarus trial that I got to meet Rick in person. Matthew had gotten to know Rick when he interviewed him as part of his article on the LAPD's Cold Case Unit, and they became friends. I met Rick on March 24, 2012, just weeks after Lazarus was convicted of first degree murder. Matthew was speaking at the Pasadena library about his first book, Batboy. Rick, being a friend and big baseball fan, attended the event. I remember that Rick didn't have any business cards on him, but he did write out his email and contact numbers for me. 

I was lucky to be invited to Rick's retirement dinner on October 23, 2013. I wrote a detailed post about that memorable event.

Michael Connelly
I met author Michael Connelly in 2013, again through Matthew. Connelly and fellow author Miles Corwin did an event at the downtown Los Angeles Public Library on December 5, that year. Coincidentally, during the Robert Blake murder trial, years before I started T&T, I was in the courtroom when Miles Corwin took the stand and testified in that case. After the event, Matthew introduced me to Connelly.

Connelly decided on a career in journalism while in college at the University of Florida. (Coincidentally, around the time that Connelly was growing up in Florida, I lived in Pompano Beach.) Michael worked for newspapers in Daytona Beach and Ft. Lauderdale before landing a job covering crime at the LA Times, which is how he came to know and later befriend some of the detectives I've met covering murder trials. He is a crime novelist with 32 books under his belt. His works include the Harry Bosch and Lincoln Lawyer series, and one non-fiction anthology, Crime Beat: A Decade of Covering Cops and Killers. Many of Connelly's stories and characters are drawn from real life cases and detectives he's encountered. With the Murder Book Podcast, Connelly returns to his roots, journalism.

Murder Book
I actually know the case that Connelly's 10 episode podcast is about. I attended a critical pretrial hearing in the case back on February 22, 2013. A suspect, Pierre Romain, had been arrested years earlier in 2003. It was the first time I was back in Judge Fidler's courtroom after the second Phil Spector trial. Deputy DA John Lewin prosecuted the case. 

Rick Jackson on "Murder Book"

This is what Rick Jackson has to say about the new Michael Connelly true crime podcast series, “Murder Book” - “It’s a ten-episode dissection of a murder investigation that lasted thirty years, never stopping through a myriad of twists and turns.  The case didn’t make big headlines and few people heard about it.  However, when I told Michael Connelly about it in 2017, he knew he wanted to make the case his first podcast.  And, Michael Connelly adds, “This story is a deep exploration of our justice system, flaws and all.”  

Subscribe now for “Murder Book,” on your Podcast app or by Google searching “Murder Book Podcast.”  Debuting in January 28, 2019.  The FREE subscription will provide notifications as the air date approaches and allow you to listen to a two-minute trailer.  Again, listening to this podcast is free!

I can't wait to listen.

Robert Durst - 3/15/15 Interview with LA Co. Deputy DA John Lewin

February 28, 2016
For those of you living in a cave, eccentric real estate heir Robert Durst (of The Jinx fame) was arrested in Louisiana on March 14, 2015. His arrest was initiated by a murder warrant out of Los Angeles. Durst was charged with first degree murder in the death of his long-time friend, Susan Berman. Berman was found shot in the back of the head in her Benedict Canyon home on December 24, 2000.

While in the Louisiana jail facility, the day following his arrest, Durst agreed to an interview with LA County Deputy DA John Lewin. Durst spoke with Lewin for about two hours and forty-five minutes. The interview was video and audio recorded.

The video and audio files were released to the public by the LA Co. District Attorney's office on December 16, 2016, via a motion filed with the court. That motion also includes a complete transcript of the recording.

T&T has uploaded the video to YouTube.

The video consists of two parts, a video file and an audio file. The video was made through a closed circuit camera in the interview room at the Louisiana jail. It did not contain any audio. The audio recording was a separate file, made by the LAPD Robbery Homicide Division.

T&T merged the audio and video recordings, which were slightly different lengths. Although the audio and video were in sync at the start of the recording, towards the end they are out of sync. Because of the wide viewing angle of the video, the participant's faces are not clearly visible.

Robert Durst Pretrial Hearing 3

UPDATE 1:00 pm
February 17, 2016
Today will be my fourth day at the Airport Courthouse, attending a pretrial hearing in the Robert Durst murder case.

There was a preconceived notion that the hearing would only last three days.  I'm not placing any bets that by 4:30 pm today direct and cross examination of the "secret witness" will be completed. The hearings are to question witnesses the prosecution plans to call at trial just in case these witnesses might not be available by the time the trial takes place. This is conditional testimony and that questioning comes with wider latitudes. There has been testimony that in a regular trial would be considered hearsay, and has not been offered for the truth of the matter. If the witnesses are available for trial, then this conditional testimony is moot. However, if for some reason these witnesses are unavailable, some of this testimony taken today will be admitted at trial. The DA has also taken the step of video taping the witnesses.

I am days behind in posting my detail notes on the last few days of the hearing. Having a recovering husband means my writing time at home is limited.  Until I get those notes published, I will give a short synopsis on what each witness has testified to so far.

On Tuesday the first witness was Dr. Kuperman. He testified about his duties at Albert Einstein Medical College, what the curriculum, assignments and responsibilities were for med students during each year back in late 1978-1982.

Dr. Kuperman stated that he remembered Kathy Durst, the defendant's first wife, how attractive she was, that she was bright and a "sharp dresser" and that in four years he had two conversations with her. He testified the total time he had spoken to her in those four years was about 15 minutes.

Kathy disappeared February 1, 1982, months away from graduating. Dr. Kuperman stated that based on her school records, he saw no reason that she wouldn't have graduated. Dr. Kuperman also testified that he had never spoken to her on the phone before he received a phone call from a female voice on February 1, 1982 who identified themselves as Kathy Durst. Today, Dr. Kuperman cannot be certain that the voice he heard on the phone was Kathy Durst.

On Wednesday, Susan Giordano, a close personal friend of the defendant, testified that Durst was her best friend. She said she loved Durst and that their relationship was strictly platonic. She also testified that she did not give police permission to remove over 60 boxes of Durst's personal effects that were stored in her basement.

On Wednesday afternoon and all day Thursday, the prosecution's "secret witness" Nathan "Nick" Chavin took the stand. He testified that he met the defendant, a long-time close friend over 30 years ago through their mutual friend, victim Susan Berman.

Chavin testified that in December 2014, he had dinner with the defendant. After the dinner when they were walking away from the restaurant, Chavin and Durst had a talk about the murder of Susan Berman. Chavin testified, "Bob said I had to. It was either her or me. I had no choice." Chavin then asked about Kathy but "... he continued to walk away."

Chavin's direct testimony continues today.

1:00 PM
Defense cross examination of Nathan Chavin by lead counsel Dick DeGuerin began around 10:40 am and continued to the lunch break. At one point, DeGuerin raided his voice and appeared to be yelling at the witness. The prosecution objected to this.

Chavin was confronted via transcripts with conflicting statements he made in his various interviews with the prosecution team, about what he said the defendant told him regarding Berman's murder at their dinner meeting in 2014.

Right before the lunch break was called, DeGuerin informed the court that when they resume, they will be playing the entire 60 minute audio of a July 24, 2015 interview Chavin had with prosecutors.

It's doubtful at this point this hearing will be concluded today. On Thursday we learned that Judge Windham has a trial that is scheduled to start on Tuesday. Monday, President's Day is a court holiday.

Correction, DeGuerin states the recording is from July 23, 2015.  

4:30 PM
Amazing we finished today. Next hearing is for motions on April 25.

More to come.....

Robert Durst Pretrial Hearing 2 & Mr. Sprocket Update

UPDATE 2/15 spelling of Det. Bengtson's name, further additions

UPDATE 12:00 AM added more notes from today's hearing
UPDATE 1:00 PM minor spelling corrections and (?) notations about name spellings
February 14, 2017
8:40 AM
Testimony from two prosecution witnesses is expected today in order to memorialize their statements for trial. For one witness, this is due to age. For a second witness the prosecution has shared with the court their concerns about the witnesses' safety. The identity of this witness has been kept from the public. I believe at the last hearing the court ordered the people to share the name with the defense team at the end of January.

At the last pretrial hearing, I live-blogged from the courtroom. The consequences of that meant that when I later went into edit, I did not have a back-up copy of my notes and I lost a good portion of my data. So for today's hearing my notes will be posted later. If there are breaks, I may post to Twitter during the hearing.

The courtroom is a nice modern courtroom but the number of seats in the gallery are very few. For the last hearing, most of the seats were taken up by the mainstream media.

Mr. Sprocket Update
It is unknown how long this hearing will take. It could take all day, which will definitely put a damper on Mr. Sprocket's plans for or day. For those of you wondering how Mr. Sprocket is doing, he's slowly recovering.

Last December, the day he was cleared to drive again we learned that he had a broken/ separated rib in his upper right chest, a common byproduct of open heart surgery. It explained why he still had so much pain in one localized spot. It also delayed his recovery and ability to exercise these past two months.

However, he's doing much better now. He's started exercising and working to build his strength back. Sadly, we learned yesterday that his job will not be waiting for him when he is able to return to work.

Last week, I mailed out 'Thank You' gifts to everyone who made a donation to T&T to help us out financially. We can't thank or friends and readers enough, or tell you how much your donation has helped us through this difficult time.

A note to new readers. T&T is 100% reader funded. T&T does not receive any financial backing other than what our readers donate. If you appreciate the public service that T&T provides, consider making a donation to cover T&T's court costs. Thank you.


8:54 AM
Robert Durst Defense Team
Dick DeGuerin arrives with Donald Re and the rest of his team. Donald Re defended German Nationalist Gerhard Becker on involuntary manslaughter in the death of firefighter Glenn Allan. Attorney David Chesnoff arrived in the cafeteria a little after I did.

9:29 AM
On the 8th floor. Several familiar faces among the media. Terri Keith from City News, Marisa Gerber with LA Times, Robert Dean & Andrew Blankstein from Dateline, People Magazine's Christine Pelesik, 48 Hours' Greg Fisher, Brian Melly from the Associated Press. There are other faces that I recognize but I cannot for the life of me place a name with the face. We have two sketch artists today. Bill Blais and Mona Edwards Shaffer.

The defense team also arrived on the 8th floor.

9:40 AM
Mary Hearn of the PIO is here. Her assistant just took role call for the press. But we are learning now that some at the bottom of the list might not get a seat.

10:00 AM
I have a seat! Some seats have been reserved for defense team support staff. They are directly in front of me. I am on the far left of the courtroom and an older, colorful gentleman has the end chair on my left. Greg Fisher is to my right.  Earlier, Bill Blais won the coin toss for sketch artist. Durst is not in the courtroom yet. The Judge is not on the bench yet. I hate this directed, you must sit here seating.

DDA Lewin chatting with Donald Re. I overhear Lewin say something about getting a waiver. It was real quick. There are about eight support staff, possibly more for the defense team. At least five or more for the prosecution. I cannot see over heads.

10:07 AM
More last minute people are being given the final empty seats. I will be switching to draft mode in a few minutes.

10:09 AM
Durst comes out. slowly walking, a back and forth gait.  Fine, Box stripe shirt glasses hanging on for his shirt gray pants. He slowly takes his seat. He turns around to look at the gallery.

[Judge Mark Windham takes the bench. The gallery is called to stand. The bailiff continues his announcement. The court asks the gallery to be seated.]

DeGuerin introduces people to the court. His wife, and I think his son. Stacey (sp?) Manilla.
David Chesnoff. Chip Lewis, Donald Re, (Kathie?) Bane (sp?).

People introduce themselves. Habib Balian, Evan Miller. For the people John Lewin, More people from the prosecution introduced. Lewin also tells the court that there are staff from the crime lab here and other investigative officers are here. George Shamlyan, Elizabeth Camacho, Richard Bengtson, (also miss a name). Another DDA states his name for the record.

Judge allows sketch artist only if image is not definitive.

12:45 PM
I raced down to the cafeteria to get some lunch. I then headed back upstairs to the 8th floor to sit on the floor and use the power outlet. In the entire cafeteria, there were only two power outlets and they were being used by people sitting at the tables next to them.

Before the first witness took the stand,  DeGuerin had an objection to a reporter, Charles Bagli with the New York Times being in the courtroom during testimony. DeGuerin tells the court, "We only found out the name of the witness two weeks ago. There is some. indication I can't say that is [a] credible witness, that's some indicate that Mr. Bagli and this witness are collaborating on a book about the case. ... I have not asked Mr. Bagli about that but there is that fact."

The court rules that Bagli can stay in the courtroom during the first witness testimony. He will wait to make a ruling on the secret witness. DDA Lewin argues to the court the unprecedented step of barring a member of the media from the courtroom. He adds,

"... in many cases you have reporters who have long standing interest in cases and I'm [not] aware, ... no authority as an offer of proof ... they're saying they have suspcion of conflicts .. I’m [confident] you have the authority out there, if you take that step  you [will] have a due process issue. ... I would just ask to a hearing prior to that so we can litigate it."

Judge Windham responds to counsel. "Thank you. That’s why I didn't rule on that.  Ofcourse  I’ll entertain any motion from any side and that motion ..."

The first witness is called, Dr. Albert Kuperman. DDA Balian presents the witness.

1. ALBERT KUPERMAN
Dr. Kuperman lives in New York City and is 85 years old.

Several basic themes are presented to the witness about memory and to let the DA know if he doesn't remember, or if his memory might be from something he read or a personal memory.

Dr. Kuperman gives an abbreviated CV. Before he retired, for 40 years he was the Associate Dean of Education at Albert Einstein College of Medicine. [Interview with Dr. Kuperman before he retired.] Dr. Kuperman has obtained his degree at Cornell Medical School of Sciences. He also has a Ph.D. in
pharmacology. He was responsible fore the management and development of the educational program for medical students. Under him were the heads, directors and various assistant deans.

DDA: The Albert Einstein medical school, how difficult is it for someone to become a med student there?
AK: In the 1980's we would get eight to ten thousand applications for a class of 176. They would screen out all but 1100 and interview 500 or 600 of those 1100 and then choose a class of 176.
DDA: You would take the brightest of the brightest?
AK: Yes.
DDA: If someone could not undergo the curriculum, they would not be there?
AK: Yes.



DDA Balian comments that he went to law school and it was a lot easier.

Dr. Kuperman states that the program is four years. The first year, 95% of the students time would be spent in various biomedical courses, lab and small group sessions as well. The other 5% clinical type teaching.  The first two years is the classroom like work that occurs in a large lecture hall. In the 3rd year, the clerkship rotations in every specialty, psychiatry, surgery, medicine, etc. And the fourth year, there are also a few clerk-ships, neurology being one, some internship in medicine and pediatrics and an ambulatory program. Dr. Kuperman also mentions there are various electives in clinic specialties or research or community based work programs. In the third and fourth year, there are rarely courses that take place in a classroom setting. The clerk-ships take place off campus, so the students get to work in the hospital with patients leaning their craft. They are a minimum of four weeks, maximum eight weeks.

The supervisory structure of these programs are explained. The student either passes or fails. There's no middle ground. The students are given responsibilities where they are located at month in a clerk- ship. The school places the student in a hospital and the doctors will train that student. The supervision is left to those doctors.

During the 1982, there were approximately 700 to 899 students at Albert Einstein Medical School. In his 40 year career, he was responsible for the education of almost 7,000 students.

DDA: Do you remember them all?
AK: No.
DDA: Do you remember some of them?
AK: yes.

Dr. Kuperman explains that most of his interaction was with students who were taking his pharmacology course. Occasionally, students would come to him to discuss special programs the school offered beyond the clerk ships, beyond the required courses. Occasionally he would interact with other students but mostly, issues with students were handled by the Dean of Students. The interaction between student and teacher was formal. In his role, he didn't have much time interacting with students.

The Dean of Students in 1982 was John Cook. His first name was really Jean but he liked to be called John. When Dr. Kuperman arrived Dr. Cook was already dean of students and he remained there until 1988. Dr. Cook's duties are explained. After medical school, a student has an MD degree but not licensed to practice. They must go through three years residency before they can practice. He explains the school matching program.  Dr. Cook was in charge of matching students to the hospital they would do their residency in.

I note that DeGuerin's blond wife, sitting in the row in front of me beside DeGuerin's son has a casual polished look about her.

DDA Balian shifts to asking Dr. Kuperman about a "particular student" that happened in the late 70's to early 80's. Dr. Kupperman is familiar with this particular case and had read media accounts over the years.

DDA: Have you watched the documentary The Jinx?
AK: No.

DeGuerin objects to the word "documentary" to describe Andrew Jarecki's film. The witness testifies he has not watched any film or video related to the Durst situation. He has not seen the movie, All Good Things but has read articles over the years. He acknowledges that it might be difficult to delineate what he has read from what he remembers. He remembers Kathleen Durst. He would see her around campus. He could not give an exact number of times he saw her on campus, but states, "I would say about a dozen times." He remembers what Kathy Durst looked like.

DDA: Was there ever any other med student at your school that ever disappeared that just suddenly disappeared?
AK: No.

Dr. Kuperman remembers he had a couple informal setting discussions with her. He remembers her as a very bright, attractive young woman who "... looked very good in terms of her dress. Things were different then. Students were very rebellious in dress. She was very smart looking is how I would describe it. And that's how I would describe it for the two informal meetings I had with her."

The interactions Dr. Kuperman had with Kathy were very quick, no more than five to ten minutes each.

DDA: What is the best amount of time you would estimate over the three or four years of [meeting her]?
AK: Fifteen minutes.
DDA: And have you previously said it was 10 minutes.
AK: I might have stated that, yeah.
DDA: Your best estimation, as you sit here today, what was the time as to the length of it?
AK: Probably 10 to fifteen minutes.
DDA: And how certain of you are that?
AK: Reasonably certain.
DDA: Did you think that perhaps that you had hours of interaction with Kathy?
AK: Definitley not.
DDA: How certain are you that your interactions with her were brief?
AK: I'm certain it was very brief.
DDA: Who knew Kathy Durst better, you or Jean Cook? ... Who had more contact with Kathy Durst?
Defense: Objection!
Court: Sustained.


And the changing questions about who had more contact with Kathy keep coming the defense keeps objecting and the court continues to sustain them.

DDA Balian asks to be heard on the issue. The court tells him he must lay a foundation. DDA Balian confers with DDA Lewin. The people switch to another line of questioning.

Dr. Kuperman testifies that regarding to Kathy's background, he knew that she was a nurse. He had no knowledge of her personal life or was aware of any family problems.

DDA: If someone were to say, if Dr. Cook were to say, if anyone talked to Kathy on a daily basis, it would be Dr. Kuperman?
AK: That would be incorrect.
DDA: If Dr. Cook were to say [Kathy Durst's] immediate contact was Dr. Kuperman...
AK: That would be incorrect.
DDA: If someone were to say that Kathy spoke directly with [you] were her [advisor] ...
AK: That would be incorrect.
Defense: Objection!
Court: Sustained.
DDA: If Dr. Cook were to say, very infrequently, a student were to work with you rather than Dr. Cook?
AK: That would be incorrect.
DDA: If Dr. Cook were to say, that Kathy dealt with you directly what would you say?
AK: [That's] incorrect.

More hypothetical questions along the same line of 'if Dr. Cook would say.' Dr. Kuperman testifies that he is "very certain" that he did not have more contact with Kathy than Dr. Cook. There are more objections by the defense.


More to come.....

Robert Durst Case - Motions Filed by the People

February 8, 2016

T&T recently obtained motions filed by the people in the Robert Durst Case. You can read the documents through the embedded links below. They have been added to the Robert Durst Quick Links Page. When I am able to obtain copies of the defense motions, I will upload them.

The next pretrial hearing at the Airport Courthouse is scheduled for February 14, 2017, 10am.

Note added 2/10/17 - I highly recommend reading the People's Supplemental Declaration. It has the complete transcript of DDA John Lewin's interview with the defendant. Great read.

3/16/15 Robert Durst Criminal Complaint

   Robert Durst Criminal Complaint by Betsy A. Ross on Scribd

12/5/16 People's Motion to Admit Special Master

   Robert Durst Case Motion to Admit Special Master by Betsy A. Ross on Scribd

12/16/16 People's Supplemental Declaration

   Robert Durst People's Motion Supplemental Declaration by Betsy A. Ross on Scribd

12/19/16 People's Special Master Reply

   Robert Durst People's Special Master Reply by Betsy A. Ross on Scribd

12/29/16 People's Opposition to Defense Motion

   Robert Durst Prosecutions Opposition to Def Motion by Betsy A. Ross on Scribd

1/5/17 People's Motion to Admit Defendant's Mirandized Statements

   Robert Durst People's Motion to Admit Defendant's Mirandized Statements by Betsy A. Ross on Scribd

1/17/17 People's Motion Collateral Estoppel

   Robert Durst People's Motion Collateral Estoppel.pdf by Betsy A. Ross on Scribd

Robert Durst Case, Pretrial Hearing 1

UPDATE 1/11/17 11:30 AM - Continued edits for spelling, clarity
UPDATE 1/7/17 12:15 PM - Continued edits for spelling, clarity
UPDATE 1/7/17 11:15 AM - Minor editing
UPDATE NOTE 2:15 PM - Editing of entry for spelling/clarity later tonight. Sprocket.

Friday January 6, 2017
8:25 AM

I'm here at the Airport Courthouse for a pretrial hearing in the Robert Durst case. Robert Durst is charged with the December 2000 murder of his long time friend, Susan Berman. Berman was found dead in her Benedict Canyon home from a single gunshot wound to the back of her head. Durst was charged in her murder in March 2015 after the final episode of the HBO documentary, The Jinx.

Although I sent notice that I planned on attending the hearing, there is no guarantee I will get a seat.

8:33 AM
Security station has changed at the courthouse.

I see local radio station KFI's Eric Leonard enter the cafeteria and get a coffee or tea before he heads out.

10:03 AM
Waiting in the media line.

Lead defense attorney Dick DeGuerin arrived earlier. Huge prosecution team arrived at the last minute. We are waiting on Judge Mark Windham to finish his morning calendar. There are 20 reporters in line. We've been ordered by the PIO to fill the first two rows with no empty seats.

Terri Keith is here Miriam Hernandez is here from local ABC. Marisa Gerber from the LA Times, Andrew Blanksiein and Robert Dean from Dateline. There are reporters from Reuters, Daily News, CNN, TMZ and others.

I believe the reporter from Fox News is from the local channel 11. Almost forgot, People Magazine's  Christine Pelisek, who broke the Grim Sleeper case is here. She's writing the book on that case.

The court's Public Information Officer is counting heads. The media cameras are already being set up inside. I think the LA Times has the pool still camera.

10:17AM
Inside Dept. 81 West. Judge Mark Windham is on the bench. We are crammed into tight folding down seats. There are about 22 reporters or more. We fill up every seat in the first and second rows.

The layout of the courtrooms at the Airport courthouse is not a typical layout. The Judge's bench is in the far left corner, the witness box is in the center and the jury box is on the right. Exactly like the courtroom in the Dawn DaLuise case that was held in this courthouse.

DeGuerin is at the defense table with co-counsel David Chesnoff. On the prosecution team is DDA John Lewin, DDA Habib Balian, and another prosecutor I recognize but I don't know his name.

Clerk asks, "Counsel ready?"  I hear "Yes."

The bailiff goes to retrieve Durst.

10:23 AM
The back row in the gallery is filled with young fresh faces, most likely interns with the DA's office. I did not see anyone here that looked like relatives of Durst or the victim.

10:34 AM  ROUGH NOTES NOT EDITED.
Case is called. Durst is wheeled in backwards in a wheelchair. Now turned around . He's in a suit.

Appearances please.
David Chesnoff
Durst is wheeled into the courtroom.

Lewin is naming his team. DDA Dave Yaroslavsky. I miss the name of the second deputy DA.

The court explains the hearing. We're today to discuss conditional examinations. People have asked that for two examinations on Feb 14 and two more [later].

The court want's to focus discussion today. The court reads into the record California statues regarding what the people are requesting.

[California law] allows either party to have conditional examination if witness is 65 years of age or if the witnesses life is in jeopardy. Law requires the name of the witness and address.  There may be other circumstances but those are the ones [here?]..

Penal code calls for three days notice of the hearing. Court must set time and place. Court reads the law governing conditional testimony.

The people have field a single application for just one witness and that is Dr. Albert Cooperman (sp?) and the application states that Dr. Cooperman is over the age of 65. People provided discovery for this sometime in November.

Defense is objecting to any conditional examinations. Court has read all moving papers.

DeGuerin gets up to address the court.
Your honor, the court has said that ... I think that the prosecution has misinterpreted  the statute. ... DeGuerin recognizes that the court only wants one counsel to speak, but he asks the court if his  co-counsel Chesnoff can address the court. Mr. Chesnoff is capable of speaking on his own.

Chesnoff addresses the court.
As experienced counsel, we are not in the habit of trying to create issues that don't exist. This is a unique situation and that's ..... Just going to add a few things. in essence, the State of California has had over a decade to prosecute this case. The initial statements of this case... the investigation was not done very well.

Chesnoff mentions the HBO documentary The Jinx. We've had all these years and all the discovery ... and we've only recently received discovery in this case and it's voluminous.

These are provisional witnesses for trial and we haven't even had a preliminary hearing yet.
Why should we have a trial [of these witnesses] when we haven't even had a preliminary hearing yet?

Mentions the big media interest of the case balanced against the rights of the defendant. They [the defense] don't understand the state's theory. They have a idea they are going to try three murder cases ... one which he's been acquitted of and one he's never been charged with.

Talks about witnesses being taken out of order... and bias. Suggest to the court that prelim be set and that we do preliminary hearing that we not have secret witnesses and secret hearings. We know that the witnesses are over 65 but we don't know what the alleged threat is.

Mentions the defense experience with Federal work and Federal judges and how things go on in Federal court. Only ask this proceeding [be conducted?] in a orderly way, so that we can examine these witnesses in an orderly way.  Now talking about future events and the potential make up of the jury.

Complains about inflammatory things being said in the pleadings. Complains about ex parte meetings with the judge. "If the purpose of the ex parte was to keep something secret, ...."
Mr. Durst is in custody .Mr Durst is in a wheelchair. All his conversations have been listened to, and that somehow he poses a thread, without knowing what it is that was ... a threat makes it imperative that you approach most cautiously.

John Lewin counters Chesnoff's oral argument.
Hope the court will indulge me me. I don't know what steps can we take. That the court ...

I can barely hear Lewin. I'm not close and he's speaking somewhat softly.

We are here to ... for one reason, to set the conditional examination. We're not here to bring up my interview with Mr. Durst. We/re not here to talk about other issues. We're here for one issue only.

Defense said let's set up preliminary hearing.  I have emailed them no less than 30 times. I've asked for dates for preliminary hearing when they will be ready and the response I've gotten is, I don't know.

Lewin continues.
A lot of logistics, a lot of information. If they can't be prepared in one month for one witness, how are they going to be prepared for a complete preliinary hearing?

Defense has talked about the rules of application. I'm not aware of any case that says when discovery is to be provided. ...

[Penal Code?] 1335 would require that these intentional examinations could not be done prior to preliminary hearing. That's completely wrong. It can.

The defense is taking the approach that [they] can't be ready for anybody. Lewin argues for conditional examination.

Durst is wearing a blue striped shirt.

Dr. Cooperman. is basically talking about one issue in this case. They are well aware of Dr. Cooperman. The case in Galveston in 2003 .... The defense were intimately aware of the points of Kathey Durst's death. Dr. Cooperman allegedly received a phone call from Kathy Durst. That phone call took place in 1982.

We believe that call was made by Susan Berman. "That man kills witnesses. ... That's what he does." That's what he did with Morris Black.  Back to Dr. Cooperman. That was his sole involvement in [this?] case.

Lewin talks about Durst's defense team.
We have five, well paid, nationally known lawyers in this case. There are others that are working on this case that are not coming to court.

Lewin goes over the amount of material that the defense would have to go over, to prepare for Dr. Cooperman. He mentions a few documents. A one hour interview which was taped and the transcript [turned over]. That's approximately the complete discovery. And we are told that they cannot be prepared. I'm going to describe this very charitably. The defense arguments ... have a distant relationship with the facts.

Lewin reads from a defense Email about questioning Dr. Cooperman. Lewin documents his communication with the defense about witness Dr. Cooperman. In December, he got a call from one of the defense lawyers, asking where the interview transcript of Dr. Cooperman was in discovery. The idea that we are hiding discovery ... "They've been given 150,000 pages of discovery. The idea that we are somehow not turning over discovery, doesn't even pass a cursory review of the facts."

Dr. Cooperman is 85 or 86 years old. The defense is in no hurry to protect damaging discovery in this case.

In their motion they mention that there are numerous "secret witnesses." There are two. The court knows of both. We made an ex parte motion to the court, where we detailed the reasons why in the process and the manner reviewing it. The court found good cause and approved of what we were doing. Lewin states, I cannot tell them who the secret witnesses are but I can at least tell them the dates. We have bent over backwards in every way possible.

Lewin tells the court about helping the defense getting into the jail to see their client on a weekend.

Lewin continues.
We originally filed our motion regarding our special master, I only put in the transcript, the limited part, that Mr. Durst unequivocally waived. The defense responded to that, accusing me of improper and deceptive tactics. They did that, knowing they had that tape and transcript for months.

Lewin goes over the timeline of events of defense motions filed and the claims that the defense has made against Durst's frailty and not a threat to anyone.

Numerous conversations with defense about the admissibility of the Morris Black case and the standard for admissibility. Lewin states that they have evidence contrary to the [fact?] that it was murder and not self defense.

Lewin explains more.
The defense is well aware of all these issues with respect to what we put in our motion because they know why he was arrested in the Galveston case. They knew before they filed their motion, they knew exactly why Robert Durst was a danger. They come back with, well, he's frail. I talk about Susan Berman, I talk about Morris Black.

And this was chilling. Lewin goes over the events where Durst was arrested for Black's murder. He [Durst] tells the security guard that he has to go to his car to get money. Durst makes another request to go to his car. Worried, [the security guard] she calls the local police. When the local police get there, Mr. Durst asks to be taken to his car, so he could get his ID from the glove compartment. This was very suspicious. They would not do it. That was a good thing. What was waiting in the glove compartment, was loaded 38.

Lewin argues, why, did Durst, who had money on him, continually ask to be taken to his vehicle where there was a loaded gun. Now discussions about another witness who testified, now deceased, where Durst showed up on her street dressed as a woman. ... Vernon Lajame, is a person he hold responsible for pushing the investigation into his missing wife.

When the defense said that Durst wasn't a danger, the defense did not address any of these issues in their motion. This is a man who has shown the ability and the desire to harm any witness in his way. We have two secret witnesses. The court has heart this information. The idea that the defendant's rights is being infringed, is absurd. It doesn't become relevant until one of those witnesses doesn't become available.

Lewin continues to argue to get the witnesses statements on the record before preliminary hearing.  Lewin adds that they got the defendant's last motion, and he had to laugh, and it's talking about his interview with the defendant and that it was improper. That interview does need to be litigated as to be a part of the attorney client privilege. We filed our motion yesterday as to why that intervew was legal and proper. Need hearing dates for when those issues will be litigated.

Lewin states that the defense has everything regarding all witnesses that will testify at the preliminary hearing. Lewin then tells the court that they Miriam Barnes ... This was a witness they found out about when they read the article in the NY Times. they are also possibly wanting to conditionally interview her as well.

Rafael Prado, they are also requesting to conditionally interview him also. He is not 65, but he is being treated for cancer. His testimony is relevant as to whether Kathy Durst ever made it back to her [condo] in 1982. Lewin states they will disclose on January 31, on secret witnesses. After these witnesses testify, then if defense wants to set case for prelim, then we could do witnesses at preliminary hearing.

And I said this to the court when I asked ex parte. I never said they should be ready in two months. What I do expect, if you aren't ready and you know that you're not going to be ready, then notify the court and the defense.

Lewin states that if defense is ready by a particular date, then they would not need to do the conditional examinations. We need to calendar the attorney client waiver motion.

Lewin wraps up his arguments.

Mr. Cheznoff, you can reply.

We have 150,000 pages in documents, we can't possibly be ready for trial, we have secret witnesses, and that Mr. Lewin says his interview with Mr. Durst is okay. He's disparaged the Galveston law enforcement and DA ... Mr. Lewin's constant request that we fit his schedule or as to how he things things should go along ... except that we need to do this and this on this date.

Complains that they will go into the disappearance of his first wife. It's whether or not that Ms. Berman was going to be a witness or not. We can't be ... when I said Alice in Woderland, when we go down one rabbit hole we [come out another place]. ... You're honor I ask you, let's proceed in an orderly pace. He told you that they most likely will be available for trial.

Continues to argue for Durst for due process. There must be order. We have to be able to have time to share ideas and to study. Now asks that Mr. Deguerin to address the Galveston accusations.

DeGurein, I will try to address this without any ad hominen comments. I was there. We have something close to your 1101b. And that is, if you can't prove something, you can't present it. Prosecution conceeded that Mr. Durst had anything to do with the disappearance of Kathy Durst, much less that she had been killed. The prosecution also conceded, .... [explains who the prosecution atorneys were] ... They also conceeded there was absolutely no evidence that Robert Durst had anything to do with the disappearance of Kathy Durst. We actually went into that. We explain why Mr. Durst ended up in Galveston in disguise.  ... The other part about Galveston that I was there for, ....  is Mr. Durst's arrest in Pennsylvania at the Wegman's store. .... And that testimony doesn't amount to much.  We went through a hotly contested trial and 12 jurors ...  [concluded] that Mr. Durst was not guilty.

DeGuerin argues the 1101b compared to Texas 404 law. DeGuerin talks about conditionally examination of witnesses, when the purpose is to use that testimony at trial. ... Apparently they have everything in regards to Dr. Cooperman ... it's the other conditional, secret witnesses. They have withheld ... we don't know how much ... a number of files on these conditional witnesses.

And not to [?] another ad hominen, and we've been told, there are eight to ten, not two secret, conditional witnesses. So that's why we are opposing.

DeGuerin.
I can see a smile on Balian's face as DeGuerin argues to the court. He now brings up the three hour interview of Mr. Durst. It happened when he was in the air, flying to meet with Mr. Durst. Mr. Durst called his lawyers from the jail, before that interview. The prosecuiton had copies of the telephone calls, to his lawyers, before they went to talk to him in the jail .We think that needs to be litigated. One party should not go talk to the other side when they know he's being represented. We think that needs to be litigated. ... That was also improper. ... But that doesn't need to be spread in the public before hand. It was filed and it was available. The video and audio were filed. The media had it immediately. ... What we learned and they disclosed it to it. The media office made copies of those videos and audio and supplied it to the media. And that's what happened. I don't think that needs to happen in the future. There's a lot of things that are very favorable to Mr. Durst, that's in the discovery. And we could do that. [But we refrain from doing that.] We don't think that what's out there in discovery should be spread out there. .... before we ever get to trial.

We've gone way beyond what we are here today which is conditional witnesses. We need to know the identity of those witnesses .... before we go to trial. .... And the discovery that goes with those witnesses. ... We don't want to be shadow boxed. We don't what to know without knowing the prosecutions position is.

To follow the prosecution's theory ... the danger here. ... The first presumption is Kathy Durst, and there's no evidence [Durst had anything to do with that]. Talks about what happened in Galveston when that was put to the court.

Next presumption is if Kathy Durst is dead and or he had anything to do with that, then he killed Susan Berman. Ther'es no evidence of that. Then next presumption of that is ... that he covered up. ... When Kathy Durst first disappeared, ... Susan, being a writer, took responsibility for answering press inquiries. .... Then the presumption that Susan Berman covered up something. Then the next presumption is that Susan Berman contacted authorities [regarding Kathy's disappearance] and covered up something. .... This is when the investigation heated up again. ... There's no one from [the NY investigation] ... no one contacted Susan Berman. That's a fact.

DeGuerin, continues with his list of presumptions of the prosecution's case. Now mention's Susan Berman's father and his supposed Mafia connections.

DeGuerin talks about the secret witnesses and the [objectie?] of fear.

Court.
Thank you so much for providing so much context. First let's talk about the application that's pending, conditonal examination of Dr. Cooperman. People have demonstrated that witness is over 65. Discovery was provided in November. Not unreasonalbe to sechedule examination for him.

As for the second, unidentified for him. I have no applicaiton regarding this witness. I think the suggesiton may be this witness may be in jeopardy. Although I don't have three days notive for that, it's in substantial compliance. It's a witness is a material informaiton about the case. And the people state that he is also over 65, and that Mr. Lewin states he is also over 65, won't get into whether his life in si jeopardy, he is over 65.

There is no case law on discovery, mentions case law People v. Herado, conditional exam done 2.5 years before trial. Reason for that was interragatory appeal. Court approved delay of discovery until seven days before that hearing.

People there argues the defense has not right to discovery.  Assumes there is a right ot discovery, and also assumes there should be limitations under 10.4.7. Here, I'm concerned with this idea of "secret" witnesses. Court mentions another case Alvarez, where witnesses remained secret throughout the trial. Mentions US vs. Edwards, witnesses could not remain unidentified throughout trial, but discovery was limited. ... I did receive a showing, exparte, of two additional witnesses. It's similar to what was described to people's the opposition. If you look at pages 3-7 and the declaration ... it all applies to other witnesses. That was the supplemental in camera.

The standard of 1054.7 is to possible danger to witnesses. Court mentions another statute regarding life in jeopardy, danger.

The problem is that the defense ability to contest [the evidence]. I don't easily allow a showing ex parte, I don't automatically accept it. There was a showing prima facia, .... the standard is possible danger, and it seems that it's only reasonable that there is a danger as described by Mr. Lewin in his moving papers.  ... there was evidence presented and there is evidence of a possibility of danger. And I need to balance the defendant's right ... with the safety of witnesses. And it's twofold. ...

The court continues to argue the weighing factor and cites the rulings he's relying on in his ruling.  Mentions one case as well as Alvarado.

Robert Durst - Arraignment at Airport Courthouse Today

UPDATE 11/8/16The LA Times reported the next pretrial hearing in the Durst case is scheduled for February 15, 2017. The LA County Sheriff's inmate locator website indicates Durst is currently being housed in the "Twin Towers" facility. Interestingly, the Sheriff's website does not indicate the next court date.

Screenshot of LASD website, detainee Robert Durst information, 11/8/16.

UPDATE 7:30pm: Corrected spelling of DDA John Lewin
UPDATE 10am: Corrected the spelling of Kathleen McCormack Durst
November 7, 2016
Robert Durst - A Brief Synopsis
Eccentric real estate millionaire Robert Durst, connected to the murder of Morris Black and the 1982 disappearance of his first wife, Kathleen, is due in court today on charges relating to the murder of his long time friend and supporter, Susan Berman.

Susan Berman, Wikipedia

Berman, a mobster's daughter, was found dead in her Benedict Canyon home on Christmas Eve 2000. She was shot in the back of the head and found at least a day after her murder.

Durst was arrested in March 2015 and charged with first degree murder in connection with Berman's death. Previously, Durst was arrested for the murder of a neighbor, Morris Black on October 9, 2001. in Galveston, Texas. Durst claimed he murdered Black in self defense. Durst was acquitted of the Black's murder. He eventually pled guilty to body dumping and evidence tampering. Kathleen McCormack Durst is still missing and presumed dead. In April 2016, Kathleen's family petitioned a NY court to have her declared legally dead.

Andrew Jarecki's HBO documentary, The Jinx: The Life and Deaths of Robert Durst, uncovered physical evidence that prosecutors believe links Durst to Berman's murder. At the end of the documentary, Robert Durst is caught on audio tape stating he "... killed them all."

Durst's arraignment, case #SA089983 will be at the Airport Courthouse, Department W81 at 1:30 pm. Deputy District Attorney John Lewin is prosecuting the case. Expect a big media turnout for Durst's first appearance in California.

T&T Robert Durst Case Links
Robert Durst Wikipedia
Robert Durst Google® Images
Susan Berman Wikipedia
Andrew Jarecki Wikipedia
03/15/15 ABC - Why Durst Killed Black In His Own Words 
03/16/15 VF - The Fugitive Heir
04/2015 KFI - Eccentric Millionaire Robert Durst Arrested in New Orleans
11/03/15 ABC - Former Prosecutor Looks into Disappearance of Kathleen
04/01/16 People - Family of Kathleen Durst Petition Court
07/14/16 NYT - Kathleen Durst's Family Back in Court
06/09/15 Variety - Jinx Directors Jarecki, Smerling, Open Up
11/04/16 ABC - Robert Durst Back in Court to Face Murder Charges
Robert Durst - LA Times
Robert Durst - NY Times
HBO - The Jinx
The Charley Project: Kathleen McCormack Durst Disappearance 

Robert Durst Case - QUICK LINKS

This page was last updated on 1/8/17 at 4:45 pm PT. Sprocket 

ROBERT DURST
CASE NO: SA089983 (Filed at Airport Courthouse)

PLAYERS
Defendant - Robert Durst (DOB 4/12/43)
Victim - Susan Berman

Prosecution - DDA's John Lewin & Habib Balian
Defense - Dick DeGuerin
Documentary Filmmaker: Director Andrew Jarecki
 
T&T CASE COVERAGE

3/16/15 Robert Durst Case - Felony Complaint
11/07/16 Robert Durst - Arraignment at Airport Courthouse Today
01/10/17 Robert Durst Pretrial Hearing 1
02/08/17 Robert Durst People's Motions
03/01/17 Robert Durst 3/15/15 Interview with LA Co. DA John Lewin

People's Motions/Documents
Felony Complaint
12/05/16 Motion to Admit Special Master12/16/16 Supplemental Declaration
12/19/16 Special Master Reply
12/29/16 Response to Defense Motion01/05/17 Motion to Admit Defense Mirandized Statements
01/17/17 Collateral Estoppel

Defense Motions/Documents

Mainstream Media Articles

OLDER Mainstream Media Articles 
Archived
02/2002 VF - The Fugitive Heir
04/2002 GQ - Robert Draper Investigates Robert Durst
01/01/15  NY Times - Douglas Durst on Robert Durst
Current - March 2015
03/16/15 LA Weekly - Durst Says He "Killed Them All"
03/16/2015 NY Times - Interview with Andrew Jarecki, Director of THE JINX
03/16/15 LA Times Extradition Delayed
03/16/14 Buzzfeed - Questions We have for Jinx Filmmakers
03/16/15 Gawker Durst Formally Charged With Murder
03/16/15 LA Times - Durst Documentary Reminds Us Of the Narative Power of Crime Dramas
03/16/15 Buzzfeed - How Did "The Jinx" Narratively Manipulate Its Viewers?
03/16/15 Mashable - How "The Jinx" Came Out of Nowhere to Become Part of a Murder Case
03/16/15 The Wrap - Robert Durst Charged with Murder of Susan Berman
03/16/15 Arts Beat - Why The Timeline of The Jinx is so Confusing
03/16/15 Slate - The Jinx Timeline 
03/17/15 CNN - Durst Charges with 1st Degree Murder
03/18/15 CNN - Who is Robert Durst's Wife, Deborah Lee Charatan?
03/18/15 Salon - Robert Durst is not a true psychopath...
03/18/15 LA Times - False Starts Dodged the LAPD's Murder Case Against Durst
04/03/15 USA Today - Trial Postponed, Witnesses Failed to Show
04/09/15 LA Times - Durst Writes to the LA Times
04/14/15 NBC- Durst: I'm Still Not Guilty (Federal Court)
04/16/15 Salon - Durst Biographer on what Jinx Got Wrong
04/20/14 Houston Chron. - Judge Postpones Trial Until Sept.
04/21/15 NOLA - Durst Federal Charges Trial Moved to Sept. 04/22/15 Boston Globe - Did Robert Durst Murder My Friend Susan?
04/23/15 Huff Post - Gun & Drug Charges Dropped
04/27/15 NOLA - Durst to be Transferred to St. Charles Parrish Jail
05/01/15 NY Curbed - Durst's Brother Could Freeze $74 Mil Fortune
05/08/15 KHOU - Newly Released Video Show's Durst Public Urination
05/08/15 Click2Houston - A Look at Durst's Time in Houston
06/04/14 NOLA - LA Cops Arrest Millionaire Because of "The Jinx"
06/10/15 THR - The Jinx Reporters Break Their Silence
06/23/15 LA Times - Jeanine Pirro Writing Robert Durst Book
06/25/15 ESQ - Robert Durst Took Me To Lunch, 2 Wks Before Murder
07/24/15 PgSix - Durst's Brother Threatens to Sue Pirro over Book

Links
Wikipedia
HBO Documentary: The Jinx: The Life and Deaths of Robert Durst
Book: A Deadly Secret: The Bizarre and Chilling Story of Robert Durst, by Matt Birkbeck

Michael Gargiulo Pretrial 20 & Cold Case Trial of Douglas Gordon Bradford

Michael Thomas Gargiulo, booking photo, date unknown

EXCLUSIVE T&T Gargiulo Trial Coverage HERE.

Previous pretrial hearing 6/27/14
Friday July 11, 2014
8:10 AM
I'm on the 9th floor of the downtown Criminal Justice Center for another hearing in the Michael Gargiulo case.  As most of you know, Gargiulo is pro per, meaning he is self representing in a death penalty case.  Yes, I know I am behind in getting my trial notes up on Gargiulo's and Cameron Brown's previous hearings, as well as the preliminary hearing of Dawn DaLuise.

Investigator Chris Nicely was already here in the hallway when I arrived.

Earlier this week, the cold case trial of Douglas Gordon Bradford kicked off in Dept. 103, Judge Curtis Rappe's courtroom.  (Larry Altman of the Daily Breeze wrote about the case when the trial started on Monday.) Back in October 2013 at Rick Jackson's Retirement Dinner, I got to speak to DDA John Lewin about when this case might go to trial. At that time, he speculated the case would start sometime in May of this year. He wasn't too far off. I had tried to keep my eye on this case but cases where the defendant is out on bond are a little harder to track. I was hoping I could attend when it started but Mr. Sprocket needed my help on a few jobs earlier this week.  If there is time, I will try to drop in on this trial because I've wanted to attend one of DDA Lewin's cases for some time now.

On the drive in this morning, I was listening to KFI's Eric Leonard's report about the Donald Sterling civil case, over at the Stanley Mosk Courthouse. (Anything involving the NBA is bigger news than a cold case murder.) It appears that case is on hold until July 23.

8:26 AM 
There's quite a bit of activity down at the other end of the hallway.  However, at this end I just saw defense attorney Seymour Amster quickly pass and enter Dept. 106, Judge Fidler's courtroom. Amster is co-counsel on the Lonnie Franklin, Jr., alleged serial killer case in Judge Kennedy's court, Dept. 109. The case Amster might be on this morning in Dept. 106 is a dismemberment case.

8:32 AM
Dept. 108 is open and there are quite a few people from the general public here. I have not seen DDA Akemon or DDA Dameron in the hallway yet.  Attorney's come and go from several of the courtrooms at this end of the hall.

8:37 AM
Judge Ohta's clerk came out and put a sign on Judge Otha's door that they are dark. She was kind enough to let me know that Gargiulo's hearing will now be held in Dept. 107, Judge Lomeli's courtroom.  Judge Lomeli allows reporters to use their laptops so I'm hoping I will be able to use my computer for this hearing.

8:44 AM
DDA Akemon and Sheriff's Detective arrive and stop at Chris Nicely to chat.

8:45 AM
Right afterwards, DDA Akemon asked me how Mr. Sprocket was doing. Mr. Sprocket is doing pretty good. He just needs to build his muscle tone back up.

Inside Dept. 107, I check with the bailiff to make sure I can use my laptop for the Gargiulo hearing.  I can.

In overhearing the conversation between DDA Akemon and Nicely, it looks like they will just put this case over.  Interestingly, Mark Overland and his daughter, Courtney are in the well of the court. Overland defended former LAPD Detective Stephanie Lazarus.

Councilman Richard Alarcon and his wife, Flora Montes De Oca Alarcon, are currently on trial in Judge Lomeli's courtroom on perjury and voter fraud charges. Overland is representing Mrs. Alarcon.

8:52 AM
Another case is called for a pretrial hearing.  In that case, the defense has filed for a 1538 (motion to suppress) hearing and they need to set a date for that.  Defense says it will take 2 hours. September 26th next court date. And that’s it for that hearing.

DDA Dameron is not here today. It's just Akemon and Chris Nicely.  I get to meet the journalist who I saw at the last Gargiulo hearing. It's the fabulous writer, Christine Pelisek who now writes for The Daily Beast.  She’s amazing.  She wrote several wonderful pieces about Lonnie Franklin, Jr., when she was with The LA Weekly.

I was going to drop in on DDA Lewin's case after this hearing but I found out that Dept. 103 is dark today. The Bradford case will resume on Monday. I'll try to come back for that trial a few days next week. It will all depend on whether or not Mr. Sprocket needs my help.

9:17 AM
Gargiulo is handcuffed to a wheelchair.  Two deputies are wheeling him into court via the front entrance. I don't know why Gargiulo is in a wheelchair.  Whenever a defendant is brought to court in a chair, they are not brought into court through the regular holding area between the courtrooms. The deputies use other security elevators to bring in the defendants through the front courtroom doors.

On the record in the Gargiulo case.

Judge Lomeli asks, "I understand that both of you agree to put this over until next Friday?"

DDA Akemon tells the court that he hasn't spoken to Gargiulo directly. He tells the court that Gargiulo is under a time waiver.

DDA Akemon states they are asking to put the case over to next Friday July 18th.

Judge Lomeli tells the parties, "In speaking with Judge Ohta yesterday, it was his intention to set some parameters and deadlines."

DDA Akemon states that they have presented (or filed with the court) their outline for a timeline.

Garguilo then speaks up and tells the court he has an issue. He's trying to seek medical treatment for an injury he sustained in this courthouse. He would like to see an orthopedic doctor. He tells the court that at the jail, "... They're just trying to overdose me on medication. ... I'm trying to see an orthopedic."

Judge Lomeli tells the defendant that he can't write an order for him to see a specialist. "The only person who can do that is another doctor. ... I can refer you to a doctor."

Judge Lomeli asks the defendant if he has filled out the proper form for that. Gargiulo says he doesn't have the form. Judge Lomeli tells the defendant, "When my clerk gets here..." he will get the form for him.  Judge Lomeli asks him to describe his specific complaint. "I'm seeking medical treatment for an ankle injury and a back injury."

Judge Lomeli will set a medical order. And that's it. The next hearing will be on July 18th.

My understanding is, after the last pretrial hearing on June 27th, Gargiulo was taken back to the lower floor jail holding area. His ankle chains got caught in the elevator or the space between the floors in the elevator and he either fell or tripped.

After Gargiulo is wheeled by me I look directly at him. His head is looking down at his lap, possibly reading some papers.  As he leaves, Judge Lomeli addresses his court reporter. "Remind me, ankle and back." She nods her head in reply.

I wonder how long Gargiulo will be in a wheelchair due to his ankle and back injury.  When a defendant is brought into court in a wheelchair, I'm sure it's more interesting for them. They have the possibility of seeing and interacting with the general public because of the short time they are in the hallway.

I head down to the cafeteria to finish my notes then head home.

Post note:
I almost forgot! Gargiulo's head was still bald and his face completely clean shaven.

Next scheduled hearing date is 7/18/14.

LAPD Detective Rick Jackson's Retirement Dinner

October 24th, 2013
I’ve known about Rick Jackson long before the early days of my writing career. I got to learn more about him when I attended pretrial hearings on a case that Rick was involved in, the Kazuyoshi Miura case. Rick was the cold case detective who in 2008, flew to Saipan (a US territory) on an outstanding warrant to retrieve Miura for the November 1981 murder-for-hire of his wife, Kazumi, on a downtown Los Angeles street. Miura was originally convicted of this murder in his native Japan, but ten years later a higher court overturned the verdict and he was set free.  He was rearrested on California's outstanding warrant when he set foot in Saipan.

Rick Jackson, left, with Kazuyoshi Miura, 
getting off the plane in Los Angeles

Photo credit: Unknown

Fast forward many years later. It wasn't until March 2012 when my friend Matthew McGough gave a reading on his first book Batboy, at the Pasadena Library that I finally got to meet Jackson (a long-time baseball fan) in person.  That day was memorable for me because I got to talk with him about some of the noteworthy cases he worked, such as the Pierre Romain case and the murder in the Chatsworth tunnel. Jackson didn't have any business cards on him at the time, so he wrote out his contact information and phone number on a piece of paper. I still have it. For a detective, Jackson has excellent penmanship.

In the past year, I've had the opportunity to run into Rick a few times down at court and out on the downtown streets getting lunch with Matthew. Rick has an easy going attitude and a twinkle in his eyes when he smiles. When I heard about Rick's retirement and plans for an honorary dinner, I let Matthew know I hoped I could get on the invitation list.

Retirement Dinner - Familiar Faces
The event was being held at the El Paseo Inn on Olvera Street. As is the case with me, I failed to read the fine print on the flier.  I thought I could get there by 6:15 PM and be there in plenty of time. However, cocktails started at 5:00 PM. I had contacted Matthew about possibly catching a ride with him but he was already getting ready to leave. I was on my own. This was to be a casual event, just as Rick requested. I found out hours after I arrived that there was no formal dinner time. If you decided to sit down at a table, the restaurant would serve you.

When I got to the restaurant, the place was packed. Rick has made quite a few friends in his distinguished career.  Just as you enter the restaurant, the bar is to your right.  A few steps forward from the entrance, there are steps down to a lower level with dinner seating and tall casual tables to stand at.  On the lower level were photos of Rick on the back wall during several stages of his career.

There was an open bar and the party was in full swing.  I was trying to find my way in a sea of distinguished looking LAPD Detectives, former detectives, LAPD civilian staff and deputy DA's from the District Attorney's office.  Just as I had entered I saw Major Crimes Department Head Gary Hearnsberger leaving. I was definitely late to the party.

Looking through the crowd, I tried to find familiar faces. What most readers don't realize is, I haven't attended that many trials or gotten to know very many officers.  I'm actually a very shy person, a wallflower really, and still have difficulty approaching people to introduce myself. I located Matthew near the bar and tried to listen in on his conversation. 

Fortunately, I did see some familiar faces. Josh Mankiewicz from NBC's Dateline was there, sans tie as usual. We chatted about his new assignment of watching Dateline with fans. Supervising Detective Rob Bub from the Van Nuys Homicide Unit (The Cowboys) arrived and I got to talk to him about the Raul Lopez murder. There's still no arrest in that case. I saw DDA John Lewin chatting up actor Miguel Ferrer about Miguel's career. Rick has always spoken very highly of Lewin. Surprising to me, Lewin remembered seeing me at one of the Lois Goodman pretrial hearings.

One of the most brilliant stars in the DA's office, DDA Beth Silverman was there. I caught her eye and got a chance to say hello. Not only is Beth prosecuting Lonnie Franklin, Jr., aka the "Grim Sleeper," she's also assigned to the Samuel Little case, a suspected serial killer and another case that Rick worked.

Also in attendance was longtime crime beat reporter Andrew Blankstein, who I met at the Van Nuys Courthouse attending my first murder trial, the Robert Blake case. Andrew recently jumped ship from the Los Angeles Times to join NBC's Dateline.

I got to meet author Miles Corwin and tell him I saw him testify in the Robert Blake trial. Corwin trailed LAPD's Robbery-Homicide Division for an entire year and wrote a book, Homicide Special about the unit. Besides Rick, several of the detectives mentioned in Miles' book were also here. One of the cases in the book was the Robert Blake case. Because Miles was trailing RHD, Blake's defense attorney's dragged him into the trial. I'll never forget when Miles testified that he had destroyed all his notebooks that comprised his research for the book. Because I arrived so late, I missed meeting authors Joseph Wambaugh and Michael Connelly. Connelly wrote this nice farewell piece to Detective Jackson.

I got to speak briefly to Judge Ricardo Ocampo, who I met during the first Phil Spector trial. I remember when Judge Ocampo's daughter was sitting in the gallery one day during the Spector trial.

A pretty face I was very happy to see was DDA Francis Young. Francis, along with DDA Sean Carney did the preliminary hearing in the Gerhard Becker case. I talked to Francis about the Joshua Woodward prelim I was attending.  I also got to meet a few of Ricks former partners: Detectives Tim Marcia, Elizabeth Camacho, and Mitzi Roberts. I saw Detective Greg Stearns (who was part of the team that conducted that famous Lazarus interview) but never got a chance to say hello. 

Rick's Speech
Later in the evening, Rick took to the podium to talk about some of the people he's had the pleasure to work with. I miss hearing the very beginning of his speech. I wove my way from the back of the restaurant to the podium so I could hear better and take a few pictures.

Rick Jackson and Buddy at the podium

Sitting at a table near the podium are Rick's children, his fiance Debbie and other close family members. There were quite a few retired coworkers and people who flew in from out of state to be here for the event.

When I get down front, Rick is reading from a piece of paper. It's one of his elaborate pranks he's pulled on a long time colleague, Bud Arce, "Buddy." This is just one of the many stories that are memorialized to the crowd. Buddy is standing at the podium with Rick while he tells the story. The paper is a fake letter Rick created supposedly coming from Buddy's high school. With that mischievous twinkle in his eye, Rick proudly tells the crowd that he even got authentic stationary from the school to pull the prank. The letter was mailed to Buddy at the Hollywood station. Rick reads from the letter.

The letter states it's an invitation and a congratulations to Buddy, for being inducted into the "1983 Ramona High School Hall of Fame". The letter mentions recognizing his distinguished career and service as a homicide detective for the LAPD, and that he will join past recipients.  The letter is very detailed in it's ruse and Rick proudly tells the crowd that he looked through the high school year book to get the names of other "VIP" students.  The letter tells Buddy that a plaque and his photo will be displayed in the administration's building Hall of Fame.  The letter goes onto say that there will be an event ceremony during "homecoming week" with many alumni and the press. The author or the letter closes by saying he's looking forward to meeting him and hearing all about his work.

The weekend after Bud receives the letter he has a party. Rick wasn't invited but he has his spies report back on the conversations at the party to see if the letter is discussed. At the party, Buddy is heard to say that he didn't understand why the high school was doing this because "I was only a C student." Buddy's wife at the time tells Buddy that she's so proud of him. Buddy doesn't call the guy back for three weeks, but he does tell his parents. They're so proud of him. There's quite a bit of laughter from the crowd as the story is told. Rick explains that "This is the kind of shit that we used to pull."

Buddy then adds a bit to the story, as to what Rick said to him after the prank was successfully pulled. Buddy explains, "Rick tells me, Bud, burn down my house, make love to my wife, but leave my kids alone." The crowd roars. Buddy then proceeds to tell everyone that it took three years for an opportunity to get back at Rick.

As Buddy tells it, Rick comes in one day and says he's got a summons for jury service. Policemen are exempt from jury duty. Rick doesn't know what to do and he says to Buddy, "I have to get out of it."  Buddy realizes this is his chance and he hatches a plan. He's focused. He's running with two murders, yet, he looks over the list of all detectives to see who has the best voice to do his "sting." Buddy finds a guy, he calls him and lays out his script. They're working at Parker Center and Buddy says he's going to get Rick to drive to Pomona in the next ten minutes.

Buddy then calls a man he knows at the DA's office and asks if they have an extension they don't use. Oh yeah, the prosecutor says, 427. Buddy tells him, "Don't answer it in the next 20 minutes."  The plan is set, the call goes in. If Rick hurries out to Pomona, he can get off the service. Buddy waits. Rick takes off and comes back 20 minutes later.  Buddy doesn't say anything, just asks Rick, "So, how's it going? What happened on that subpoena?" Rick doesn't say anything.

Buddy then tell the crowd that his prank becomes a reverse sting. Rick knows that Buddy did this.  Buddy waits two months to ask Rick, "So, what happened on the subpoena?" Rick replies, "Well, I went over there, and the guy I talked to wasn't there, but he got me out of jury duty." Buddy explains to the crowd, "It was a reverse sting on me. He got me again."   There is a nice round of applause for Buddy's story.

Rick takes the mike again and asks if Miguel Ferrer is still here.  Rick met Miguel about 12 years ago and they've been friends ever since. One year, Miguel heard about a police golf tournament and wondered if Rick could get him an invite. Since then, Miguel has been there every year and now hosts the event. The event organizers say that Miguel is their favorite celebrity. Miguel went on Celebrity Jeopardy and won $50,000. Miguel's charity that he donated his winnings to was the LA Police Memorial Foundation for slain officers.

There were several other people that Rick brings up to the podium. Next is Don Bleier. Rick tells the crowd that the first day out of the police academy, January 16th, 1977, he is the first officer Rick worked with, his first training officer. Don stayed with Hollywood patrol for 25 years and became the "legend" for other officers after him.  Don shared a story about taking Rick on his first foot patrol down Hollywood Blvd.

George Herrara, a retired latent print analyst who testified in the Lazarus trial is introduced. George came in from Colorado to be here. In Rick's early career in homicide,  George was the go-to person to get a print run quickly. George was also the only person to match a single print to the Hillside Strangler. George's nickname was "no make" Herrara. This refers to whether the print analyst was able to "make" a match to an identified print.  George tells the crowd that when he retired from the LAPD's Science Investigation Division (SID) he received something totally unexpected. He received an etched crystal plaque on a granite base. The inscription honored his service and it was from all his friends and coworkers from Robbery Homicide Division. He was blown away and quite touched by the gift.

DDA John Lewin takes to the mike to tell a story that Matthew had shared with me before. John states that whenever Rick's name comes up, he tells people this story, to explain the kind of guy that Rick is. Let's say there was a plane crash in the middle of the ocean, remote, no civilization around and Rick and anyone else are the only two survivors. They swim ashore to the nearest island. The island is filled with people who've never been off the island. There will be at least 20 people there who know Rick and greet him by name.  Lewin says, "All his partners know, everyone knows, you can't go anywhere in the city without there being at least 20 people who know Rick."

Rick introduces his sisters, daughters Hillary and Megan, and his nephew.  Afterwards, Rick becomes quite emotional when he introduces a family that were lifesavers at a very difficult time in his life. For me, it was a very touching and tender moment to witness.

Finally, Rick introduces "Miss Halliday."  Rick knew Debbie from about eighth grade through high school.  Back in 1965, at Cecil B. DeMille Junior High School, Rick remembers walking down the school hallway, seeing Debbie with her dark hair and olive complexion and thinking, "Oh my God, I love that girl." Rick tells the crowd that he even loved her in eighth grade. They became friends but never dated.

 Debbie in the red dress & Rick

Rick and Debbie, who lives in the Bay area, kept in touch over the years.  Forty-one years later in 2006, she calls Rick up.  Rick was up in the Bay area with one of his partners.  Debbie was single at the time and Rick adds that they always had fun when they got together.  So Debbie calls him up and asks him if he would go to a wedding with her in April, and afterwards they could hang out.  Rick jokingly asks Debbie if it's their wedding.  Debbie laughed.  Rick has to think about it for a week because he knows if he goes up there, "I'm done, but if she only wants me to come up there as a friend, it's probably not worth going. Well, I went and we're getting married next August."   After the laughter and applause, Rick adds that they are debating whether they want children or not, which brings another round of laughter.

Rick adds, "As anyone who knows who's been around me for the last six years, I just light up when I talk about her. My sisters remember me talking about her back in the 60's."

Debbie then adds a few words. Says that she's a little concerned because being a detective has been Rick's life. Anytime he's been around people and friends they want him to tell stories and he loves telling his stories. Debbie says  that he's moving up to the Bay area to be with her. Consequently, she's a little worried about him having a bit of an adjustment disorder.  So she gives Rick a little gift, that might help with that adjustment disorder, help him remember "home."  Rick opens the gift and this is what it is:

 LAX cologne, The Scent of Departure

There are more stories, and future in-laws to introduce.  Rick tells everyone that, "Even though I worked Robbery Homicide for 20 some years, my heart is always in working Hollywood." That's where all the people here, and his long time close colleagues started. Rick becomes emotional again as he remembers back to those Hollywood years, with a great boss, and close friends where they all learned to do, what it is they do best.

Rick Jackson's LAPD photos
When you join the LAPD, your photo is taken at various stages of your career.  Here are a few photos of Rick during his career.

Rick's application photo for LAPD, mid '70's

Rick graduating from the LAPD Academy

Rick, starting at Robbery Homicide Division

Rick at Robbery Homicide Squad Room 

The Female Detectives: L-R,
Mitzi Roberts, Rick's last partner; Rick, Susan Antenucci;
Elizabeth Camacho, Rick's first female partner

Rick's exit photo from the LAPD

Before I left, I got the opportunity to meet Rick's fiance, Debbie, an absolutely charming woman. Rick truly is a lucky man. Overall, it was a wonderful evening. I was happy that I got to see so many of Rick's friends share their memories. I wish him well in the adventures ahead.