Monica Sementilli Pretrial Hearing, Case Update 1

 The previous post can be found HERE.

 August 1, 2023

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

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

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

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

More to come...

Monical Sementilli Pretrial Hearing 17

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

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

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

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

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

The next post can. be found HERE.

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

The previous post can be found HERE.

Edited for clarity 7/9/23 - Sprocket

July 7, 2023

 Fabio Sementilli
Source: Hair Talk

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

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

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

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

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

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

LA Times

Daily News (via City News Service)

 

Going to Court 6/26/23 Monica Sementilli & Robert Louis Baker Pretrial Hearing 16

 June 26, 2023

 Fabio Sementilli 

Source: HairTalk.com

It has been three-and-a-half years since I've stepped inside a courtroom. The original reason I stepped away from covering high-profile murder trials was economical. I was newly divorced and I had to find a way to support myself after being a semi-retired housewife for 17 years.

For quite some time now, I've been wanting to get back inside a courtroom, but my cancer treatments have kept me close to home. I've missed listening to lawyers argue nuanced points of law, hearing witnesses testify, and observing the jury as well as who shows up to sit in the courtroom gallery. I do love the law. Everything about it is interesting to me. Even though I could not attend, I kept track of the next pretrial and post trial hearings in two cases I covered extensively, the Baker/Sementilli case and Michael Gargiulo until he was sentenced.

Lately, I've been reading news reports and keeping up with a case that will be tried in a courthouse closer to where I live, the Van Nuys West Courthouse. This is the same courthouse where I attended much of the Robert Blake murder trial, long before I started T&T. The new case is the murder trial of Rebecca Grossman, a tragedy for all parties involved. Grossman is charged with two counts of second degree murder in the deaths of two children, Mark (11) and Jacob (8) Iskander. (I will say, that the only other child murder case I covered was one of the most emotionally draining cases I've ever experienced.) 

Grossman is alleged to have hit the Iskander boys with her Mercedes in a Westlake Village crosswalk and fleeing the scene. (From news reporting on the preliminary hearing, it is my understanding that Grossman's air-bag deployed and the Mercedes shut down because of that deployment.) Jury selection in Grossman's trial was originally slated to start July 5, 2023. However, at a June pre-trial hearing the trial date was moved to January 16, 2024. I really wanted to try to attend this trial.

I had promised my dear friend Alene who doesn't drive, that for a belated birthday gift, I would take her to the LA County Natural History Museum located just southwest of downtown Los Angeles. Alene loves history and we've gone to several museums together. Alene has been helping me with gardening projects as I've become physically weaker from my treatments. Since Monday is the day she usually has free, I thought I could combine the museum trip with a trip to the downtown criminal courthouse. I don't believe Alene has ever read T&T. She tells me she has never been inside a courtroom. I thought it might give her another new experience. She was game, so I started planning.

Since I am immune compromised, the new normal of my life is, I wear a mask the minute I step out of the house and I don't eat in restaurants. I told Alene to have a lunch packed for the cooler and we would probably eat in the car soon after we get to the museum.  I also did not know how long I might be able to walk around the museum so as a precaution, I packed a walker. I've had a walker ever since I tripped and fell in that Target parking lot cracking my left patella, soon after I started chemo, but I've never used it. Lately however, my energy level has started to tank from the drug I've been on since February. Most of my time the past six weeks has been reading and resting on the sofa with my kitty, Butter Biscuit, lying on my chest or legs.

I also gave Alene a quick course on what she could and could not do inside a courtroom. Since we were going to the 9th floor, a security floor, I told her that our phones would be put in a Yondr security bag, so she wouldn't be able to use her phone while on the 9th floor. 

Around 2018, the Los Angeles Superior Court transferred the control of the public's phone privileges on the 9th floor over to the Los Angeles County Sheriffs Dept. To be recognized as a journalist, with phone privileges on the 9th floor, you had to apply for a media pass with the LASD. LASD does not recognize independent journalists that are not affiliated with a mainstream outlet or have not been published by accredited media. So even though I have been recognized by the LA County Superior Ct as being a member of the media since January 2011, I am like every other member of the public with no phone privileges on the 9th floor.

The 9th Floor
We parked at the Catholic Church on Temple and walked the two blocks to the Clara Shortridge-Foltz Criminal Justice Center. We breezed through the first floor security and arrived on the 9th floor before 8am. Unlike the ground floor to get into the building, this security station does not open until 8am.

Already on the 9th floor off to the side of the security station was a large family group with a woman sitting on a walker that had a seat.  Alene and I lined up right behind the security scanner. There was one deputy sheriff already there getting things set up. However, I knew that it would not open until a second sheriff arrived and they ran their regular  tests on the security scanner. We waited. More people arrived on the 9th floor, including a media crew with a camera. I wondered which courtroom they got a judge to sign off on filming. From my experience, there are not a lot of Judges on the 9th floor that would allow cameras, but maybe things have changed. I thought I recognized a reporter but I wasn't sure. After the second sheriff arrived I motioned to the family with the chair assisted woman to go ahead of me. She shook her head but I insisted.

After we cleared security I turned right into the corridor and made a beeline to the bench that sits at the very end of the long hallway. I had been standing too long already. This bench is right beside Dept 101, Judge Coen's courtroom. Soon the media crew came down and I recognized Pat LaLama, currently with ABC. I listened to Pat talk to her crew for a bit before I said her name. "Pat LaLama, I don't think you recognize me." Pat squinted in my direction and replied that she didn't have her glasses on and added, "And besides, you're wearing a mask." I replied, "I'm Betsy Ross."  Pat was visibly surprised. "Betsy!" she exclaimed, "I'm so happy to see you!" She immediately introduced me to her ABC producer, Elissa Stohler, and said, "You've read Trials & Tribulations!" Elissa said something to the effect of, "Of course!" She was familiar with my prior trial reporting.

Then Pat proceeded to go more than a bit overboard in her praises of my trial coverage and implying that I was better than any other journalist who covers trials. Almost rolling my eyes I skeptically replied,  "Pat is too kind. I wouldn't go that far." I tell Pat about my Stage IV diagnosis. Pat asks which trial I'm here for. I tell her Sementilli. Her crew is also here for Sementilli.

About 8:20am, the first counsel to arrive on the 9th Floor is Michael Simmrin, Robert Baker's attorney. I believe I hear Pat ask Mr. Simmrin what the hearing is about. It appears Simmrin doesn't know why this pretrial hearing was called. About five minutes later, Monica Sementili's defense team arrives. I remember Leonard Levine and Blair Berk, but I don't recognize anyone else in their group.  Last to arrive on the 9th Floor is Deputy DA Beth Silverman and a new co-counsel, DDA Ryan Erlich. Beth did not recognize me in the hallway, but to me, over all these years, Beth hasn't aged a single day. She looked just as I last remembered her, sharply dressed with classic heels. From what I'm overhearing, Beth and her team don't know why this hearing was called either.

Inside Dept 101 8:27am 

I scan the courtroom. Pat LaLama's crew sets up their camera in the back right corner of the courtroom. Normally I would sit with the other media but I sit on the edge of the second row so it's easier for me to hear what's being said when the court goes on the record. I point out the court reporter and the Judge's court clerk to Alene and try to listen to conversations going on all around me. I'm not able to hear much. My latest infusion drug has been making my tinnitus worse. Alene tells me she's surprised at how small the courtroom is. TV shows make it look like all courtrooms are large rooms. Most courtrooms in the criminal courthouse have only four long bench rows for seats. (I can't wait until I take her to the largest civil courthouse in the nation, with most courtrooms having fold-down gallery seats only available for about 35-to 40 people.) Beth and Ryan are sitting in the first row chatting.  Pat makes the rounds of counsel and court staff, introducing her producer Eilssa to them. I hear Beth and Ryan discuss dogs with Pat and Elissa.  Levine, Berk and Simmrin enter the courtroom and Pat introduces Elissa to Sementilli's counsel.

8:30am
CBS 48 Hours Producer Greg Fisher enters the court room carrying a backpack. He heads directly over to the media crew and greets Pat LaLama. Greg didn't recognize me when he walked behind where I was sitting. I look over for a bit and he's deep in conversation. I get up from where I'm sitting  -which is a big mistake because I take my eyes off of the well of the court- and go over to say hello to Greg. I address him and tell him I don't think he recognizes me. It's not until I'm right in front of him when he replies, "Of course I do." I don't remember much of what we said, but I do remember him specifically asking, "What are you doing?" I replied that I was diagnosed with Stage IV cancer. It was like my reply didn't even register with him because he asked again, "What are you doing?" Was he asking me what I was doing for work? Did he think I was still working while undergoing treatment for Stage IV? I explain that after my divorce,  I went back to school and trained to be a Certified Nursing Assistant (CNA). He seemed surprised by my answer. I told him that this was not an out-of-left-field choice for me. Most people who followed my trial coverage don't know that for over 30 years, I have been a self-employed then semi-retired "bodyworker". I tell him it was nice to see him and headed back to sit with Alene. It's then I see DDA Beth Silverman coming out of the back chambers area behind the clerk's desk and realize I've missed some activity in the well of the court.

As a bodyworker, I trained with one of the top body modality teachers in the field, William "Dub" Leigh. Dub was one of two individuals in the world certified by both Ida Rolf and Moshe Feldenkrais. He later trained with Zen Master Tanouye Tenshin Rotaishi. After I passed the California State exam, I worked as a CNA in a respiratory hospital. I then got my additional HHA certification and switched to working in home-health hospice care. After a full year in this new career, I was diagnosed with Stage IV Urothelial Carcinoma, also known simply as "Bladder Cancer". If caught early, bladder cancer can be cured. Unfortunately, my cancer was not caught early.

With seeing Beth come out of the back area, I should never have taken my eyes off the well of the court. I see Beth either handing over a disc or receiving a disc. Pat LaLama was briefly speaking to Judge Coen in the well of the court and I believe at this point it's when she tells her crew something to the effect of, they're not going to bring the defendants out, they're just going to continue. I'm disappointed. I was hoping Alene could see what happens when defendants are brought into court. I don't see Sementilli's defense counsel anywhere. My best guess is they are back in the custody area, advising their client. I make sure to point out to Alene who the Judge is when he is out of his robes chatting with his staff and counsel.

8:42am  Judge Coen Takes the Bench

Michael Simmrin is at the defense table. Beth and Ryan are at the prosecution table. Everyone is waiting on Levine and Berk. Two deputy sheriff's enter and check in with the two deputy bailiffs already in the courtroom. Right after, they turn around and leave. It appears they won't be needed in the courtroom since the defendants will not be brought out. Judge Coen chats with his bailiff.

Sementilli's counsel enter the courtroom from the custody area and Judge Coen quickly goes on the record. He states that the defendants were not brought out into the courtroom. The court states counsel has received new discovery. The next hearing date is set for July 14 and it's agreeable to all counsel.

Judge Coen continues with the matter that brought everyone into court. From what the court is saying and from what I've overheard, apparently there was a motion to sever or intention of a motion to sever by, I'm guessing, Sementilli's counsel, with no ruling today except the continuance. Before he leaves the bench, Judge Coen mentions a case on the record "... that just came down from the Superior Court ... this past Friday." I got the case number, 22-196 in my notes, but Judge Coen spoke so quickly I didn't catch the case name and my handwriting is garbled. However, I did find the ruling on SAMIA, AKA SAMIC v. UNITED STATES.

And that's it. It's over quite quickly. Judge Coen is off the bench. Afterwards, Judge Coen speaks to Simmrin at his clerks desk and most everyone else is packing up, headed for the exit.

Outside in the hallway, Alene and I stand back, just listening to DDA Silverman speaking to her clerking staff about researching this case and the points of law it covers. From reading the SCOTUS ruling later, it's a bit complicated regarding spoken statements by a co-defendant brought in at trial through other witnesses. However, my understanding is, in simple terms, SCOTUS ruled a co-defendant's sixth amendment rights are not violated at trial, by evidence brought through a government witness without naming the defendant who made them, as long as the jury receives a limiting instruction from the court on which defendant they can use that specific testimony against. Read the ruling and let me know if you have a better explanation on how the court ruled.

Beth is talking about a prior case (Tran? Traun? Trank?), that up until this latest SCOTUS ruling, the prosecution relied upon regarding specific evidence that could be brought in at trial against co-defendants. That case only covered non-verbal evidence of a co-defendant. SAMIA went even further and covered verbal statements. While listening to all this in the hallway, other counsel from the District Attorney's office are leaving hearings in courtrooms directly across the hall. Beth has a lengthy discussion with one Deputy DA who many years ago clerked with her before they were hired by the DA's office as a Deputy DA.

Afterwards Pat LaLama asks a question and Silverman replies, "... something is possibly coming out from the DA's media relations office..." Silverman would not be specific in this public arena, only to say that most likely, something is coming out from the press office in a week or so. DDA Ryan Erlich then explains to Pat LaLama what happened in court. Apparently, there was going to be a motion to sever, but the SCOTUS ruling pretty much shoots down any motion Sementilli's counsel was trying to bring. Pat then asks a question as to whether or not the DA's office has identified the unnamed third co-conspirator who was seen on a neighbor's surveillance video approaching the house with alleged defendant, Robert Baker. DDA Sliverman responds there are "several" (meaning, more than this single unnamed co-conspirator) who the DA's office believes knew about the murder plot and may have been involved in the planning. The DA's office doesn't have as of yet, enough evidence to bring charges.

After some other reporters ask Silverman and Erlich some questions, Beth looks towards Arlene and myself, having seen me writing as fast as I can on my notepad and asks, "Are you ladies journalists?" I reply, "Beth, I don't think you recognize me. I'm Betsy Ross." Beth replies something to the effect that she does recognize me. She adds, "Your hair's white!" In my mind, I'm thinking, what hair? There isn't enough to even cover my scalp and I have no eyelashes or eyebrows, but, I reply, "Stage IV cancer." Beth's reaction is immediate and understanding. She knows exactly what I'm talking about. She mentions a close friend and a law clerk having gone through the same thing.

Before they walk away, I introduce myself to Ryan and ask him for the correct spelling of his last name, which he politely gives. Then we head for the elevators.

Down in the lobby, I point out to Alene the several large historical displays honoring Clara Shortridge-Foltz, the first woman attorney accepted to the bar on the West Coast and who first proposed the idea of the public defender.

Heading back to the parking lot, I was winded walking up the two-block incline on Temple Street to where we parked. I was grateful I was able to stand as long as I did and didn't need to lean on Alene for support. When we made our first crossing on Temple, the ABC camera crew was on the corner setting up. It's my assumption they were trying to get camera shots of the defense counsel leaving the courthouse. I greeted Elissa and we exchanged business cards. I wanted to be sure I got the correct spelling of her name for my reporting. 

On our walk, Alene agreed that no one recognized me. Much later, my close girlfriends admonished me about this. They reminded me that I do look vastly different than three years ago, when I had long dark hair past my waist. It's true. I look in the mirror and I don't recognize myself.

                        Me, at my last treatment infusion on June 16, 2023.

Today was a test to see how well I held up for a pretrial hearing. Not bad, overall, but I don't know if I will have the energy to cover the potentially month-long trial of Rebecca Grossman in Van Nuys. There would be much more walking than today if I took public transportation to save on parking costs. At this point, it's too far ahead in time to know. 

 The next report can be found HERE.

 

Monica Sementilli & Robert Louis Baker Trial Update

The prior post can be found HERE.

Fabio Sementilli Source: HairTalk.com

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

 The next post can. be found HERE.

 

 

 

Monica Sementilli & Robert Louis Baker Pretrial Hearing 15

Fabio Sementilli Source: HairTalk.com

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

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

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

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

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

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

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


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

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


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

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

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

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

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

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

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

Next pretrial hearing is February 18.

Moncia Sementilli & Robert Louis Baker, Pretrial Hearing 14

Fabio Sementilli

Source: HairTalk.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Next court date is January 9, 2020.

Moncia Sementilli & Robert Louis Baker, Pretrial Hearing 13 and Sprocket Update News

Fabio Sementilli, murdered 1/23/2017

Source: HairTalk.com

October 16, 2018

Taking public transportation into downtown Los Angeles is always a chore for me and can take up to two hours or longer. Today went pretty smoothly for once. I left home at 6:20 a.m. and was on Temple Street, a block from the courthouse by 8:00 a.m.

After I stop to get a hot tea at the 5th floor snack bar, I'm on the 9th Floor by 8:15 a.m. The door is open but there is only one Sheriff at the security scanner and the deputy tells me he needs two deputies (one to operate the belt scanner and one to watch people walk through) to let people into the hallway.

While I'm waiting, defense counsel for Michael Gargiulo, Daniel Nardoni, -one of the nicer defense attorneys I've met around the courthouse- approaches the security station. He's carrying a recently laundered white shirt on a hanger covered in plastic. To get the shirt to his client, he has to sign a document -I note Mr. Nardoni is a fellow lefty- and put the shirt on the belt scanner without the hanger or plastic.

8:20 AM
After Mr. Nardoni clears security with his briefcase and shirt the security guard decides to let me and a few jurors go through to the 9th Floor hallway even though a second deputy has not arrived yet.

While I'm waiting at the end of the hallway I note that there is a sign hanging on the door to Dept. 101, Judge Coen's courtroom that says something to the effect of, "Jurors wait until called." This tells me that Judge Coen is currently in trial. An attorney approaches Dept. 101 and tries the door. It's locked and the gentleman takes a seat to wait. 

I then see Deputy DA Melissa Opper arrive. She's wearing a tan skirt suit with a black jacket, black handbag and what looks like a long, thin gold necklace. She has a great smile and is kind enough to say hello. She is about to try the door to Dept. 101 but I tell her it's still locked.

8:25 AM
It's quiet today. There are less than a dozen people on the floor, with most of them wearing juror badges. Michael Simmrin, defense counsel for Baker arrives.

While I'm waiting another familiar face arrives. It's defense attorney Steve Meister. Mr. Meister was co-counsel with Mark Werksman on the James Fayed murder trial. We chat for a moment about love behind bars and the criminal justice system. I then see Dept. 101 open and I tell him I have to go.

Inside Dept. 101
8:33 AM
The gentleman I saw in the hallway is sitting at the counsel tables and there are other counsel here as well. There are spiral notebooks on the juror's chairs. DDA Opper and Simmrin take seats in the well directly in front of the jury box and start to chat. I don't recognize the bailiff or the individual at the clerk's desk. There's a young, handsome black man sitting in the back row with a notebook. I sense he is here for the case in trial.  More counsel arrive for the current case. Judge Coen calls for counsel at sidebar for the case that is currently in trial. One of the prosecutors reminds me of the actor, William H. Macy without Macy's beard. It appears the court is discussing jury selection in the current case. 

8:35 AM
Defense counsel for Sementilli, Leonard Levine and Hans J. Allhoff arrive. It appears Ms. Berk will be a no show today. Mr. Levine takes a seat by DDA Opper. Their phones are out and they are talking return dates.

8:37 AM
Deputy DA Beth Silverman arrives and joins her co-counsel in trying to find a return date in the middle of November. I hear several dates thrown out. November 11, 12 and 14. It goes back and forth between Mr. Simmrin, Levine and the prosecution trying to find a date that works for everyone. It appears they have a date and the court is informally notified.

8:45 AM
Baker and Sementill are brought out. Both defendants are in orange jumpsuits. Since the attorneys for the case in trial are at the counsel tables, the defendants, their counsel and the prosecution team are all standing. Judge Coen goes on the record and asks the parties where they are. Mr. Levine starts off telling the court they have agreed to a return date of November 11, but that's wrong since it's a holiday. DDA Silverman takes over and tells the court the return date is November 13, with the case calendar set at zero of 90 with a "reasonable people's continuance." The court asks each defendant individually if they agree to the continuance to 11/13. They each give a verbal, "Yes." And that's it. It's all over in a few minutes.

Note: We learned at the last pretrial hearing that Mr. Simmrin will not be ready for trial in 2019. I expect there will be monthly continuances until a trial date is selected.

Sprocket Update News
I wanted to let everyone know what's been happening with me.

December 31 of last year I moved into my new home. I'm pretty much settled in now and life is very good in this safe space. I love my little house! I'm hopeful for nesting hummingbirds in the ficus trees I was able to bring with me when nesting season starts.

At the end of September I started school for a new career in the health care field. I will be done with my training in early January, and then schedule my testing with the state. Once I pass the exam, I'll be looking for work in that field. I don't know where I will land but I'm hopeful I will be employed before the end of February.

I will continue to attend pretrial hearings in the Sementilli/Baker case as long as I am able. Once I'm settled in a new job, I will be trying to find the time to write up the rest of my notes on the Jennifer Francis civil trial that I attended earlier this year. There's a lot to digest in that case that is related to the Stephanie Lazarus murder trial.

T&T since it's inception has had no advertising. T&T is 100% reader supported. Thank you everyone, for reading and supporting T&T since its inception in February 2007.

Monica Sementilli & Robert Louis Baker, Pretrial Hearing 12

Fabio Sementilli

Preious post on this case can be found HERE.

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

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

The 9th Floor

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



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

Dupree greets Deputy DA Paul Przrelomiec. 

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

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

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

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



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



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

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



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



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

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

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

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

I believe he quickly leaves.

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

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



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

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



And that’s it until October 16.

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

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

Monica Sementilli & Robert Louis Baker, Pretrial Hearing 11

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

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

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

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

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

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

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

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

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

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

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

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

And that's it.

Next pretrial hearing is September 4, 2019.

Monica Sementilli & Robert Louis Baker Pretrial Hearing 10

May 21, 2019

The 9th Floor
I arrive on the 9th floor around 8:19 am and I'm already tired. I haven't been sleeping well of late and the nearly 2 hours of travel time to get to court is not easy on this antique body.

About a minute later, most of Sementilli's defense team arrives. Blair Berk along with the gray-haired gentleman and the dark haired data/computer expert. Also with them this time is Sementilli's sister as well as an older woman with very short dark brown hair. Sementill's blond-haired sister is wearing a white blouse and a black sweater-jacket. Leonard Levine was absent. 

Right after the Sementilli defense team arrives, Baker's counsel, Michael Simmrin arrives.  As soon as Simmrin arrives, I overhear snatches of conversation between defense counsel about when to schedule the next pretrial hearing.

What looks like a Deputy DA and a young, pretty blond intern (she's wearing the standard blue badge I've come to recognize as what interns wear) arrive and greet Simmrin. This other attorney tells Simmrin he has a case in front of Judge Coen.

8:35 AM
Department 101 opens and I follow the defense team inside Judge Coen's court. There is a male clerk at the clerk's desk. Like I've seen many times before, Judge Coen is at his clerk's desk chatting with the gray-haired man. Judge Coen is wearing a white shirt with a shimmering, baby blue tie. Sementilli's sister and older friend sit in the second bench row. The defense data expert takes a seat in the well of the court. When the gray-haired man is finished chatting with Judge Coen, he sits directly to my left in the second bench row. When he first entered the court, he placed his worn satchel he always carries in the spot he likes to sit, on the aisle, second bench.

A very attractive black woman with perfect make-up, small gold earrings and long tiny braids had entered earlier. She has taken a seat in the well of the court. I'm a bit mesmerized by all those tiny perfectly braided braids.

8:37 AM
DDA's Beth Silverman and Melissa Opper arrive. DDA Silverman is wearing a blended thread black/gray pant suit with a black top. She accented it with a nice silver necklace. She hands Simmrin a document with a folder and says, "Here's your copy." Over at the clerk's desk, DDA Opperman returns back to the court, the original SDT's they previously received.

I then hear DDA Silverman tell Simmrin "We're ready." I believe she followed it with, Whenever you're ready. I believe Simmrin says something about any more discovery and DDA Silverman says something to the effect that there's always discovery. My interpretation of this exchange is, the people have handed over their discovery to the defense and they are ready for trial.

Another male Deputy DA arrives and sits in the first row.

Judge Coen is on the bench in his robes. The defendants are inside the courtroom yet. They are not on the record yet. It appears Judge Coen is waiting. Then I notice that the court reporter is not at her desk yet.

8:45 AM
The court reporter comes out quickly with her equipment and Judge Coen asks her, "Are we ready?" She replies to the court that she is. We are waiting for the bailiffs to bring the defendant's out. Mr. Simmrin works on his laptop. Judge Coen patiently waits. A second bailiff enters. He goes to the custody door, opens it and holds it open.  Defendant Baker enters first. He still has short black hair. No noticeable beard but a slim mustache.  He's in the usual orange jumpsuit and white long-john type undershirt beneath that. 

Soon after Sementilli comes out. She is in an orange jumpsuit also this time. I don't know when the change happened since I missed the last hearing but this is the first time I've seen her in the higher-security orange jumpsuit. Sementilli's hair is long and all dark.

Judge Coen goes on the record. He indicates there are no motions before the court. Blair Berk addresses the court first. She tells the court that they are anticipating a new round of discovery and that they are still working through the last two rounds turned over by the prosecution.

Burk tells the court they would like to return on July 16 or 17 as a new pretrial and on that date, set a new trial date. The case will be set at zero of 60 on that date. Judge Coen asks Simmrin which date is agreeable, the 16th or the 17th. Simmrin takes a moment before he tells the court the 16th.

Judge Coen then addresses the people and asks them if that date is acceptable. The people agree with that date.  Judge Coen then addresses defendant Baker and asks, "Is that agreeable to you?" Baker agrees. The court then asks defendant Sementilli if that date is agreeable and she affirms.

And that's it. The people inform the court that several SDT's that have been copied and returned to the court.

Next hearing is July 16th.

Monica Sementilli & Robert Louis Baker Pertrial Hearing 9

Clara Shortridge-Foltz Criminal Justice Center

Downtown Los Angeles

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

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

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

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

Monica Sementilli & Robert Louis Baker Pretrial Hearing 9

Previous post can be found HERE.

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Monica Sementilli & Robert Louis Baker, Pretrial Hearing 8

The previous hearing on this case can be found HERE.

LAPD Booking Photos

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The next pretrial hearing in the case is February 21.

The next post on this case can be found HERE.

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

The previous hearing on the case can be found HERE.

Fabio Sementilli

Source: Hair Talk.com

December 13, 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The next post on this case can be found HERE.

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

Previous post can be found HERE.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The next hearing on the case can be found HERE.

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

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

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

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

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

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

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

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

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