Michael Gargiulo Case: Pretrial Hearing 36

Previous post on this case.

Friday December 16, 2016
I'm back at the downtown criminal court building for the second time this week. The LA County Sheriff's website indicated that Gargiulo's next hearing was on December 13, and I was here for the hearing. The first noticeable difference that day was Judge Ohta's placard was no longer on the door to Dept. 108. The new Judge is Lisa B. Lench. When I enter Dept. 108, I ask the two bailiff's standing in the well about the Gargiulo hearing. They inform me that the Gargiulo case will be in Dept. 106. I leave and head into Dept. 106.

It's been a long time since I've been in Judge Larry Paul Fidler's courtroom for a case. That was for Phil Spector's second trial in 2009. A lot of memories came flooding back as I entered. Even though Judge Fidler's courtroom is an exact duplicate of Dept. 108, Judge Fidler's court seemed smaller than what I remembered. Judge Fidler's clerk Wendy was at her desk. She tells me that the Gargiulo hearing was moved to Friday. This ended up being a totally wasted trip.

The Court's Public Information Office indicated that Judge Ohta has been moved to a new assignment and that the Gargiulo case was moved to Dept. 106 within the past week. Judge Ohta is now in Dept. 123 and the 987.9 Judge for the Gargiulo case. I believe that Judge Ohta has also been moved into a supervisory type position. When I get clarification on that, I'll update.

8:30 AM
Today, I make it back to the 9th floor by 8:30 am. I don't see anyone on the floor so I head inside. I note there is a satchel type briefcase lying on the defense table but no defense counsel in sight. In the gallery, I seen defense investigator Chris Nicely sitting with a handsome, suited young man. They are sitting in the second row and I take a seat in the third row. We exchange smiles. It's been six months since I've seen Chris at court. Chris and I chat about finding budget parking as close to the courthouse as possible.

There is a pretty young reporter sitting in the back row that I do not recognize.

I didn't take note on Wednesday, but today I notice that there is a three foot by two foot video screen mounted on the wall high above the jury box, just like the one in Dept. 30, arraignment court. There is a medium size candy jar on the corner of the clerk's counter, tucked up next to the wall. It's half full. There is an ivy type plant on the corner of the court reporter's desk. A petite female sheriff enters with what appears to be a coffee or tea drink and asking about Dept. 106's bailiff. I overhear the sheriff being told that Judge Fidler doesn't allow coffee in the courtroom, only water. That's good to know. Some judges don't mind if you sip on a coffee or tea, but not Judge Fidler.

9:00 AM
DDA Akemon arrives. He shakes hands with Chris Nicely. Nicely introduces the young man to DDA Akemon. It's Nicely's son. Judge Fidler's court reporter comes out. I don't know her name, but I've seen her in the courthouse over the years. The bailiff comes over to the gallery to ask whom everyone is. Luckily, I remembered to put on my lanyard with my "press" badge.

Next, Dale Rubin comes out from the custody area. He smiles at his investigator then goes over to chat with Akemon. Rubin must have been here for a while getting Gargiulo up to speed. Akemon and Rubin chat off the record about return dates. I overhear March and April and what the defendant may do about waiving rights. The clerk, hearing their conversation better than me, tells counsel that they will be going back to a regular time waiver.  For a time, Judge Ohta allowed Gargiulo to enter into a "general" time waiver. From what I hear, it looks like Akemon and Rubin have agreed on a return date and the clerk, hearing the date agrees.

The clerk asks counsel if they are ready for the court. They are. Gargiulo is brought out. Gargiulo's scalp is still clean shaven. Today he has a full mustache. He's not carrying any bag or loose papers. 

A deputy district attorney I vaguely recognize enters the courtroom. I believe it's Head Deputy of JSID [Justice System Integrity Division], James  Garrison. DDA Garrison was called in the Stephanie Lazarus case to read the preliminary hearing testimony of LASD Criminalist Lloyd Mahaney.

Rubin leans in to chat with his client. Judge Fidler comes out and takes the bench. I'm a bit surprised at the new lines in Judge Fidler's face and the goatee he's sporting. Back in 2009 when Judge Fidler was clean shaven, he reminded me of actor Bruce Willis.

Counsel state their appearances. Judge Fidler states for the record that the case was transferred to him by Dept. 100, the Master Calendar Court.

Rubin then speaks first. He informs the court that this is an 8 year old case. There are a lot of pretrial motions filed by the prosecution. The second chair is Daniel Nardoni. Rubin gives the court a very brief outline as to where the case is today. Rubin states, "We are hopeful to continue the case to March 17.  ... Hopeful on that date to respond to a number of pending [prosecution] motions already filed. ... The penalty investigator is up to speed. The guilt [phase] investigator is taking a little longer. ... [We'll have] a better idea in March."

DDA Akemon informs the court that previously, the case was under a "general" time waver in Dept. 108. Judge Fidler asks about that.  Rubin states that on March 17, they would like to make the court calendar zero of 90. [0/90].

Judge Fidler then addresses the defendant, "Sir, how do you pronounce your name?" Gargiulo responds, "Gargiulo." Judge Fidler quickly goes into reading Gargiulo his right to a speedy trial and asks if he agrees to waive that until the next court hearing on March 17th. Gargiulo agrees. And that's it. Judge Fidler leaves the bench.

Before Gargiulo gets up to be taken back into custody, Rubin points his finger at his client, touching his arm with the tip of his finger. Rubin tells Gargiulo, "Be good." Gargiulo responds, "I hear you." And that's it, he's taken back into custody. That's the last hearing for 2016.

The several times I've seen Gargiulo and his new counsel together, it's a marked difference than the relationship [or lack of one] Gargiulo had with former counsel Charles Lindner. From what I've observed, Rubin treats Gargiulo in a respectful manner and is able to communicate with him one on one.

Next post on this case.

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 

Lauren Sarene Key 8/29/1996 - 11/8/2000

Lauren Sarene Key, date unknown

Lauren Sarene Key was murdered a few months after her 4th birthday. She would have been 20 years old today. 

Lauren was thrown off of Inspiration Point, a 120ft cliff in Rancho Palos Verdes, California, by her biological father, Cameron Brown in November 2000. Fifteen years later, Brown was convicted of Lauren's murder on May 13, 2015. He was sentenced to life without parole on September 18, 2015.

Even in her short time on earth, Lauren was a delight to those who knew and loved her. Her mother Sarah, her step-father Greg, step-brother Josh, her teachers, and close friends.

Lauren could best be described as a girly girl. She played with dolls, believed in fairies and enjoyed playing house under the dining room table. Her mother's best friend Annette said, "It was easy to fall in love with this baby,"

At Brown's sentencing, her brother Josh described what she was like. "Her personality would brighten up the room. She would dance, sing and tell jokes. She would draw everyone in. She enjoyed making people happy. She had a fascinating imagination and she loved playing pretend. ... She would have me play, too."

During the two trials, I got to see photos and video clips of Lauren playing, walking on the beach, and learning how to roller skate and use a skateboard.

Photos of Lauren in happier times:

Lauren and her mother, Sarah

I have my own little remembrance of Lauren that I see everyday. It was given to me by her family. It sits on my desk, right beside my ring cup and laptop. The medallion says, "Always Remembered, Lauren."

Complete Cameron Brown murder trial case coverage HERE.