June 6, 2007
With her lips quivering, I could have sworn Sara Caplan was about to cry, or was on the verge of an emotional deluge. As Steven Mikulan described today's explosive events after court ended for the day, "It was her Joan of Arc moment. She was stamping out the flames at her feet."
Counsel for Sara Caplan, in his argument to Judge Fidler said, "She will not testify. In 40 years, I've never heard of a case where a former attorney has been forced to testify against her former client. I'm asking you with all due humility, your honor. Don't make her to testify against her client." Judge Fidler said that "My sense of justice is not only to Ms. Caplan, or Mr. Spector, or the prosecution, it's also to Ms. Clarkson and justice herself." Fidler reiterated his prior ruling, citing several cases including Meredith and Fairbanks that this issue of missing evidence is not covered under attorney client privilege. Ms. Caplan's counsel pleads to Judge Fidler, "It's not a choice for her. I'm quoting the cannons of ethics. She's being forced to come here. It's not right! It's not legal!"
Judge Fidler replies, I respectfully disagree. It is her duty. It is legal."
After several representatives of Spector's current legal team stand up to argue against Ms. Caplan testifying, Spector turns to watch Ms. Caplan's counsel who pleads, "I'm begging you not to do this." Judge Fidler replies back, "I'm begging you not to do this."
Judge Fidler said , "In almost 25 years on the bench, I've never held an attorney in contempt. I take this very seriously, and I think she is making a terrible mistake."
Then, in a last ditch effort, Ms. Caplan stood up to plead her case herself. With an emotionally heavy voice, Ms. Caplan stood before Judge Larry Fidler and quoted the Meredith case law back to him, stressing that in the Meredith ruling an investigator testified; nowhere did it state that an attorney could be called to the stand. Maybe it was Ms. Caplan's emotional state, who knows, but after her brave stand to defend herself, Judge Fidler blinked. "We're not going to be deciding this today in any event," he said. Fidler delayed making a decision again, saying he would be getting advice from other sources and everyone would be meeting back here, at 9:00 am Monday morning to continue the issue.
But Judge Fidler wasn't done. While Rosen was trying to argue that there was no need for Ms. Caplan to testify, "Because we have this other witness" (Stan White), Judge Fidler snaps back, "It's disingenuous to present that, because you know you're going to attack that witness."
What would happen if Judge Fidler held Ms. Caplan in contempt? Well, jail for one, until she testifies. Dominick Dunne said that he couldn't imagine that she would be put in jail. That could be a public relations nightmare for the court, and he felt that she would most likely be fined until she complied.
Wednesday, June 6, 2007
A "Joan of Arc" Moment
The Club No One Would Want To Join ~
June 6, 2007
Being the parent of a murdered child is not a club anyone would want to join. Parents of murdered children have found comfort though a shared understanding of what this loss is like, and have often bonded in their sorrow. Dominick Dunne has made a name for himself writing about the very public fall of the rich and famous with his monthly column in Vanity Fair, his best selling books and his show on Court TV, Power Privledge and Justice, but they often forget that it was the murder of his daughter Dominique that totally changed the direction of his life. He knows all to well what it's like to be a member of that club.
So it's interesting to note that when Lana Clarkson's mother passed Mr. Dunne on the street outside the criminal court building the first day of trial in the death of her daughter, her words were anything but kind. Ms. Clarkson's family made it clear early on, that they would not speak to the media, and six weeks into trial, that has not changed. Mr. Dunne sits practically right behind Lana's mother every day in court, but to see the chill between them, they might as well be on different coasts.
Being the parent of a murdered child is not a club anyone would want to join. Parents of murdered children have found comfort though a shared understanding of what this loss is like, and have often bonded in their sorrow. Dominick Dunne has made a name for himself writing about the very public fall of the rich and famous with his monthly column in Vanity Fair, his best selling books and his show on Court TV, Power Privledge and Justice, but they often forget that it was the murder of his daughter Dominique that totally changed the direction of his life. He knows all to well what it's like to be a member of that club.
So it's interesting to note that when Lana Clarkson's mother passed Mr. Dunne on the street outside the criminal court building the first day of trial in the death of her daughter, her words were anything but kind. Ms. Clarkson's family made it clear early on, that they would not speak to the media, and six weeks into trial, that has not changed. Mr. Dunne sits practically right behind Lana's mother every day in court, but to see the chill between them, they might as well be on different coasts.
Sunday, June 3, 2007
The "Real" Reporters
While I am working on getting my trial notes up for 5-16-07, I thought I would write a short entry on the professional coverage of the trial. Everyone of the seasoned reporters has been very nice to this novice trial watcher.
Harriet Ryan, an adorable woman with short blonde hair, is writing the Court TV Blog on the trial. I know there are other Court TV reporters in the room that might be helping her with this coverage, but they have changed from week to week and I don’t know their names.
Joe Spano and Peter Y. Hong are writing for the LA Times, and they both have an air about them of seasoned reporters. Here is the LA Times Blog on the Spector Trial, and this is Peter’s latest article on the trial. It took a little big of digging to find the blog.
Linda Deutsch is a famous writer for the Associated Press. You can find her articles in just about every online news outlet on the net. Although I've only spoken to her once or twice, she's very nice and approachable.
David K. Li writes for the New York Post. I don’t recall ever seeing him with a notebook, but I could be wrong. I think he actually writes his notes real fast on a blackberry. Here is David’s latest story.
Michelle Caruso writes for the New York Daily News. This is the latest piece I could find that she’s written. She is another seasoned reporter who I believe covered the O.J. Simpson trial.
Steven Mikulan writes a piece every week for the LAWeekly, a local paper. I met him at the Blake criminal trial, and he has been really helpful to me. His articles are available online every Friday. Here is his latest piece.
Dominick Dunne has a regular column in Vanity Fair. I do not know if his column has ever appeared online. I’ve always been a big fan of Mr. Dunne, and it’s been a dream come true to sit beside him last Wednesday and exchange a few notes with him about the jurors during Dr. Pena’s cross examination.
I will be going to court on Monday. Hopefully, Dr. Pena will be able to get back to the coroner’s office by the end of the day, but I’m not optimistic.
Harriet Ryan, an adorable woman with short blonde hair, is writing the Court TV Blog on the trial. I know there are other Court TV reporters in the room that might be helping her with this coverage, but they have changed from week to week and I don’t know their names.
Joe Spano and Peter Y. Hong are writing for the LA Times, and they both have an air about them of seasoned reporters. Here is the LA Times Blog on the Spector Trial, and this is Peter’s latest article on the trial. It took a little big of digging to find the blog.
Linda Deutsch is a famous writer for the Associated Press. You can find her articles in just about every online news outlet on the net. Although I've only spoken to her once or twice, she's very nice and approachable.
David K. Li writes for the New York Post. I don’t recall ever seeing him with a notebook, but I could be wrong. I think he actually writes his notes real fast on a blackberry. Here is David’s latest story.
Michelle Caruso writes for the New York Daily News. This is the latest piece I could find that she’s written. She is another seasoned reporter who I believe covered the O.J. Simpson trial.
Steven Mikulan writes a piece every week for the LAWeekly, a local paper. I met him at the Blake criminal trial, and he has been really helpful to me. His articles are available online every Friday. Here is his latest piece.
Dominick Dunne has a regular column in Vanity Fair. I do not know if his column has ever appeared online. I’ve always been a big fan of Mr. Dunne, and it’s been a dream come true to sit beside him last Wednesday and exchange a few notes with him about the jurors during Dr. Pena’s cross examination.
I will be going to court on Monday. Hopefully, Dr. Pena will be able to get back to the coroner’s office by the end of the day, but I’m not optimistic.
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