Did you hear the one about the gang member, the journalist and a bunch of attorneys?
It began on Dec. 3 when a process server left a subpoena for me at the front desk at the Daily Breeze for Ricky Sisneros' hearing the next morning. Sisneros is a Torrance gang leader who was convicted of being a felon in possession of weapons. I didn't know what the subpoena was about, but my new attorneys at Davis Wright Tremaine sent a letter to Sisneros' attorney, Caree Harper, and the prosecutor informing them I would not be coming to the hearing and the subpoena was improperly served.
The next day, the prosecutor asked Torrance Judge Steven Van Sicklen to contninue the hearing on Sisneros' motion for a new trial because Harper filed a 50-plus page motion the day before. Apparently, the issue of my subpoena was brought up and, since I wasn't there, Harper asked Van Sicklen to issue a body attachment (basically, an arrest warrant) for me. Since the prosecutor had my attorney's letter, the issue was moot and nothing more came of it.
In the coming days, Harper contacted one of my attorneys, Kelli Sager, to see if she would accept service for me. When Sager asked what this was all about, Harper hung up the phone after telling her I had "opened the door" by publishing articles about her client's case.
On Dec. 15, around 7 p.m., as I unloaded my family from a weekend away in my driveway, a baseball-capped figure appeared with a poinsettia, a bottle of champagne and a subpoena. She told me she had a delivery for me and "it was nothing personal." I took the subpoena - but not the plant and booze.
Last week, my attorneys attempted to get from Van Sicklen's courtroom Harper's motion for a new trial, but was told the judge had it in chambers. They were able, however, to get the prosecution's opposition to the motion - and we were finally getting an idea of what the subpoena was about.
Among the contentions in the new trial motion was that Deputy District Attorney Jeff Stodel engaged in prosecutorial misconduct by giving me Sisneros' rap sheet. In his opposition, Stodel included a sworn and signed declaration in which he said I inquired about Sisneros' criminal history and he directed me to the Information (the filing complaint) filed in court in June.
Which is exactly what happened.
But I still had the problem of the subpoena. In California, a Shield Law protects journalists from being forced to disclose sources, and then there's all those other protections afforded to the press courtesy of the U.S. Constitution's First Amendment. So we had a decision to make: Although I'm not really protecting a "source" by refusing to testify, am I compromising my journalistic integrity by taking the stand?
There were other things to consider too. Private attorneys are expensive, and, as I'm sure you know, newspapers like the Daily Breeze aren't exactly swimming in cash these days. We also had to consider what would happen to me if I refused to testify, with the possibilities including Christmas behind bars.
In the end, we decided to fight with a motion to quash the subpoena - basically, a 22-page document arguing all the many ways I was protected from testifying. This included the answer to the apparent question of how did I know Sisneros' criminal history? Anything filed in court is fair game for journalists to publish as protected information.
Tuesday morning at 8:30 a.m., I showed up, along with my attorney AJ Thomas and fellow reporter Larry Altman, who would report on the courtroom happenings that I couldn't be there for. As life in the courthouse goes, we learned the hearing would be at 1:30 p.m.
We returned at 1:30 and I went straight to the cafeteria. Where I waited. And waited. I finished an entire Real Simple magazine, then wandered to the hallway to people watch. It had been more than two hours and I hadn't heard a word from anyone.
Finally, around 4 p.m., Larry and Thomas rounded the corner. They looked shell-shocked.
From both, I learned that Van Sicklen deferred ruling on our motion to quash, which was unexpected and unusual, until after starting the motion for new trial hearing. During the hearing, Harper called several people to testify - it seemed mostly about a couple of trial spectators who were questioned by the Torrance Police Department, and her contention that that incident was jury tampering and hampered her client's right to a fair and open trial.
She called to the stand people who knew the people who were questioned, a couple baliffs and Stodel.
Despite being told not to go there, Harper questioned Stodel about what he gave me regarding her client's criminal history. Stodel said I made the inquiry, and he gave me the public document. (At this point, Larry notes that it was an hour and 25 minutes into the proceeding before this issue was raised ... while he, Thomas and I were waiting around).
She also questioned Stodel and a baliff about an incident during a break in the trial in which she claims several baliffs surrounded her at Stodel's behest.
Sgt. Andrea Stella said during questioning by Stodel about the incident, "You were baffled by her behavior - we all were." Stella said Harper was "flustering" the clerk by asking her to change some forms without the judge's consent. Stella described Harper as "very emotional."
At this point, Van Sicklen added that this was when he came into the courtroom and heard several lawyers in the packed courtroom "talking about your bizarre behavior."
The hearing didn't conclude, and we were all ordered back for 8:30 this morning.
Outside the courthouse, while I was speaking with Thomas, Harper approached us and said she hadn't seen Stodel's declaration explaining that the prior convictions were on the public document before she served me in my driveway. With a wave of her hand and a mention about it being Christmas Eve, she said she'd withdraw the subpoena. She might have been waiting for me to say thanks, but I didn't say anything.
No longer a participant int he case, I was once again free to just do my job and cover Sisneros' case. I relieved Larry, and came back at 8:30 this morning.
Harper then tried to call to the stand The Honorable Steven Van Sicklen.
"That request is denied," Van Sicklen replied.
Harper argued that, by interjecting what he saw, he was in fact testifying about some "semi-defamatory information" about herself, and she felt she deserved the opportunity to ask him more about it.
Thwarted in that effort, Harper, for the first time in nearly three hours, discussed evidence presented at Sisnero's trial to the jury regarding Sisneros' son refusing to answer some questions for fear of incriminiating himself, and his possible relation to the weapons found in the home.
She mentioned that there are no jurors willing to testify about these alleged "tamperings" because, "after reading about" him and his convictions and gang ties, they're too afraid (she turned to me while making that statement). Van Sicklen responded that her statement was "inappropriate."
"You keep calling it jury tamperings," Van Sicklen said. "There's no jury tampering here."
Van Sicklen then went on to list the ways in which he disagreed with Harper, but stopped short to reprimand her for what he termed a "sarcastic" expression. "Your grinning at me, Ms. Harper, doesn't help."
Harper said she "painted a smile" on her face so she wouldn't frown and that he was "misreading her."
"I apologize that your honor feels that way," she said.
"Motion for new trial denied," Van Sicklen abruptly replied.
Everyone returns Jan. 23 for Sisneros' sentencing hearing.
According to evidence presented at trial by Stodel, Sisneros, 46, was the shot caller of a Torrance gang and was arrested March 14, 2007, during a traffic stop after officers say they saw him leaving a home in which they later found guns, drugs and ammunition. The jury convicted him of being an ex-felon in possession of firearms. They also found true allegations that the crimes were gang-related.
According to the Information, Sisneros has prior convictions for shooting at an inhabited dwelling, assault with a deadly weapon, residential burglary and possession of a controlled substance and weapons.
Harper called the newsroom today to voice her concerns about my still covering this case, expressing fear to my editor about a "biased" reporter who she served with a subpoena and made wait around all day doing an inadequate job of covering her client's case.
He assured her that I am, indeed, a professional.
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wow, what a waste of everyone's time and unprofessional behavior from an attorney.
Imagine that, an attorney who resorts to shenanigans. What an original concept. I think the judge let it play out for the sake of amusement (you know how boring court proceedings can be).
What a great story... thanks for the Christmas gift. Brought a smile to my face.
Almost too funny to be true. Nice work holding your ground.
You really should have kept the booze, though, Denise.
The judge re-canted the statement about the defense attorney, and said " I should not have said that." It's defamation for you to put it in a blog. There was never a body attachment requested for you. You're a liar and a bad reporter. The facts seem to be left out and the reporting one-sided.