PROFILE

In my seven years at the Daily News, I've bounced from covering the toy industry to crime to just about everything in between, at least for a day or two. Now, I'm going to try to learn about the next part of the legal system: courts and the justice system. Since my prior experience is limited to one trial, a few bankruptcy stories and serving on jury duty twice, we'll see how things go. Come check in from time to time and tell me how I'm doing.

Gracias for your help and enjoy your trip.

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Main | February 2008 »

January 31, 2008

Lakaysha Redd verdict up tomorrow

I'll be back in San Fernando Court tomorrow to hear the verdict on the Lakaysha Redd case. Since I wasn't able to get out for the earlier part, I'll be playing a little catch up. In the meantime, read on to see an archive story by my ex-colleague and current pal, Brad A. Greenberg.

February 28, 2007
Tag: 0703010047


Section: News
Edition: Valley

rop
Page: N6
Source: BRAD A. GREENBERG
Staff Writer

SAN FERNANDO -- Shayla Phillips spoke calmly as she told a 911 dispatcher that she was being followed by a vengeful ex-lover.

But as she sped around Northridge and North Hills last May -- unfamiliar territory for a girl from South Los Angeles -- Phillips grew anxious.
Her cell phone dropped the 911 call and when she redialed she frantically sought help from another dispatcher.

``I'm running out of gas and I can't stop and get gas because they are on my tail,'' Phillips, 22, said, according to a recording of the call played Tuesday in San Fernando Superior Court.

``Can you get to the police station?'' the dispatcher asked.

``I'm trying but I'm running out of gas.''

Moments later, Phillips, who had been driving at up to 100 mph, plowed through a red light at Roscoe and Reseda boulevards and slammed into a full-size truck. She died within minutes, and a firefighter on his way to work spent the next 3 1/2 weeks in a coma.

Lakaysha Redd, the 17-year-old ex-girlfriend Phillips told police she was fleeing, is charged with her murder and eight other felonies. She has pleaded not guilty.

Her preliminary hearing, which began Tuesday and should be completed today, shed some light on the minutes before Phillips died -- and the months leading up to that day.

Police said Lakaysha's vehicle was behind Phillips' and that she slowed down as she approached Reseda Boulevard and avoided the high-speed collision. Then she turned right and drove home, they said.

Hours later, Lakaysha called Phillips' lover, Abony Broadway, and told her Phillips had been in ``a serious accident'' without elaborating, Broadway testified Tuesday.

Crazy, huh? I regret missing the whole thing, but hope to have something for you in the morning.

Man's plunge down escalator costs $450k

Back in September of 2005, Gerson Rosen was enjoying a nice night out at McCormick & Schmick's. Or so he thought...

After his meal, the 72-year-old Albuquerque resident stepped onto the escalator at the Bunker Hill Steps downtown. It wasn't working, he fell, tumbled downward and suffered a nasty fall. So nasty, in fact, that a jury recently handed him $452,756.97 in a civil trial against property owner Maguire Properties and Universal Protection Services. Perhaps not enough to help him to gain back the extra years he feels he aged since '05, but it'll probably take the sting out of it a bit.

Judge knows his subject, all too well

After I got done complimenting Mr. Blackmoore last night, I find myself ripping him off once again. He picked up on a Times story on dirty cops. The case landed in the court of Judge Gary A. Feess, who's also charged with overseeing the Federal Consent Decree that's supposed to eliminate corruption such as this. Given his familiarity with the subject, things ain't looking hot for the crooked coppers or the department's attempts to comply with the decree and get it lifted.
From the Times:

The brothers were disappointed with the verdicts, according to their attorneys, who are considering filing appeals.

William Ferguson's attorney, Philip Deitch, said he had not yet determined how many years his client would face under the mandatory minimum dictated by federal sentencing guidelines.

"I've got to sit down and do the math," he said. "It's not going to be fun."

I love the understatement there, that they're "disappointed with the verdicts." Given that they could be looking at decades between bars, hanging out with guys who I'm sure are real keen on bunking with ex-cops, dirty or otherwise, I'd say disappointment is the least of their worries.

And two I missed...

William Shaoul Benjamin, the Republican-voting, George W. Bush-loving Canoga Park man who allegedly sold out his adopted homeland for $8,500 and a couple bottles of booze, was in court today.

And Mr. Anderson's got a interesting piece on Richard I. Fine, a taxpayer advocate attorney who finds himself accused of moral turpitude. And that's just such a great term, I had to get it on here somehow.

January 30, 2008

A war zone in the middle of Los Angeles

I'm kicking myself for missing Jill Leovy's discussion at Zocalo the other night. From the reviews at LA Noir (an excellent, excellent Web site) and the New Yorker (you know, that old rag), it sounds like the Homicide Report creator had a lot of thought provoking things to say.

From the New Yorker:
"The homicide rate in L.A. County for black men in their twenties, in 2007—considered a “miracle year” for its low toll—was an estimated hundred seventy-six deaths per hundred thousand. 'That approaches a war-zone death rate,' Leovy said. And yet, she said, 'the state mounts the least vigorous response at the storm center of the homicide problem.'"

I actually dug Mr. Blackmoore's take on it more, because he gives it a much more personal reflection. Here's a sample of what he had to say:
" What about me? Do I care? The simple fact that I'm asking this question points me toward yes, but I don't think it's that simple.

These murders aren't in my neighborhood. They're not among my friends and family. My chances of being killed, even in Los Angeles, which, let's be honest, isn't the den of murder and sin the Mid-West would like you to think, is remarkably low. Our overall murder rates are not that much higher than the rest of the nation and, in fact, are lower than they've been in more than twenty years. If you only look at the murder rates of whites it actually starts to look a lot like Europe.

I don't live in a "bad neighborhood". I have a full time job that allows me to own my own home. I can split hairs on my ethnicity all I want, but the fact remains that I'm as white as the next guy. My life hasn't been touched by murder and violence in years and I make a point of keeping it that way.

What am I really doing to help solve the problem? Obviously, I can't go be Batman and beat the crap out of the bad guys. That wouldn't solve the problem, anyway.

But is talking about it here enough? Is there more I can do? Should do? Want to do?"

[snip]

"So in writing this I think I've come up with my answer. Yeah, I do care. I don't know who reads this but I do it anyway. And it's not just to poke fun at idiot criminals and call for their heads (which, I know, not helping). If it can broaden the discussion even a little bit or help then I've done something positive.

And I can't hope for much else."

Posts like that are why I linked to him when I set this blog up (and, I suppose, to HR, as well). I have no idea who he is, what he does, anything beyond the blog that Jason turned me onto and a few emails back and forth, but I think he does some great work. Usually, it's just funnier takes on the crime news that we've got to play a little bit more straightly, but I really dig the introspection in the piece.

The same goes for Ms. Leovy's work. I read it religiously when I was contributing to It's a Crime and, though she's sharing more of the blog load now, I still greatly enjoy it. She's a talented writer who's paid her dues at The Times, and could probably get a much cushier assignment than tracking down dead people everyday, yet, like Mr. Blackmoore, she leaves her comfortable world to examine a very uncomfortable topic.

I hold no illusions that my work is on their level, but I found myself agreeing with the LA Noir post wholeheartedly. Like Mr. Blackmoore, my life is good, calm and easy. No one I know has ever been murdered, I have no family members in jail, the closest thing we've had to a major crime on my block was a string of purse snatchings. And like him, I find myself drawn to these stories.

One of my editors calls them "cheap crime" pieces. A woman told me the other day that she won't read the newspaper unless it has positive news. And I get that, to some extent. It's more fun to read about weed vending machines than it is about Grape Streeters going to war. And, given the choice, I'd rather write the happy story than the bummer one, too.

But you've got to tell those bad stories and tell them well. Otherwise, those of us in our nice, safe, comfy neighborhoods forget how good we have it and that not everyone's so lucky. And pretty soon, we stop caring altogether. Then, we're really in trouble.

"I told him no."

In an odd, nasty way, murder cases are easier to stomach than sexual assault-- the victim can't re-tell and re-live the crime. Listening to someone describe an alleged attack is far harder to take than it is to see cold, clinical autopsy photos.

Today, after things got put off in the Steffen case, I went downstairs to check in on People vs. Paul Wesley Baker. It was a rough day on the witness stand.

Deputy DA Nicole Flood called Baker's ex-wife, (she gave her name in court, but given the subject matter, I'll leave it out), who offered an hour-and-a-half of memories about their troubled relationship. She met him by chance, dated for a few years and moved in together.

"He was young, strong, good-looking, very outgoing," she testified. "He was, socially, very interesting."

But he also had a temper, fueled by his drinking. He punched her in the face when she left him, she testified, then kicked her in the leg on a separate occasion. He spit in her face, choked her, insulted her and threw a vase at her when he erroneously believed she was seeing another man.

But she loved him, tried to work things out and took him back on numerous occasions. When you hear all his alleged misdeeds laid out in court, it's hard to understand why she stuck with him, but this isn't uncommon. We've probably all been in relationships that we regretted later, but seemed like they'd improve at the time. Perhaps not to this extreme, but I don't think it's as surprising that she stayed with him, even after the violence began.

The morning testimony culminated with an emotional remembrance of an alleged assault in 1989. The two had been out at a bar, shooting pool, and Baker allegedly became enraged over her accidental contact with the bartender. He accused her of having an affair, took her home and forced her to have sex. She cried her way all through the testimony, describing the intense violence and eventual alleged sodomy.

"I told him no," she said. "He was very aggressive. He wasn't open to reasoning. He was going to do what he was going to do."

This is not to say Mr. Baker's guilty of the acts she described -- he's innocent until the jury decides otherwise. But, as the flinching jurors definitely noticed, you can't help but feel the emotion as she digs up these dark wounds of the past.

And, to make it worse, the normal business of the court's going on while she's on the stand. She's remembering this terrible alleged crime all while the baliffs are getting radio calls, the clerk's phone is ringing, people are coming in and out, and I'm in the corner taking notes. Somehow, the mundane setting makes the acts described seem even more horrible.

I didn't get a chance to stick around for the cross examination, but the defense attorney, Norman H. Kallen, noticed me on the way out to lunch and gave me a grim smile.

"This will give you plenty of tabloid fodder," he said.

Indeed it did-- but I hope I didn't tell it that way.

And now, it's up to the jurors

Here's the latest on Williamson and Williamson, which has taken up an awful lot of my attention and time as of late. I'll keep you posted on where things go.

Today, 12 jurors should take control of the next twist in the tale of two fathers and two sons.

One father, Filemon Ramos, is dead; his son, Filiberto, is recovering from wounds suffered on the evening of June 25, 2006. The other father, Alvaro Williamson, is on trial for murder and attempted murder; his 18-year-old son, Jacques, sits beside him at the defendants' table, accused of providing his father with the murder weapon.

It took nearly a month for the case of the long-running feud between Arleta neighbors to play out in court. This week, in San Fernando Superior Court, lawyers went through their final arguments before handing judgment over to the jurors, who are expected to begin deliberation today.

"There were two dads out there on that particular day...," Deputy District Attorney Paula Gonzales said in her closing argument Tuesday afternoon. "Two different fathers, acting in two different ways. One as a criminal, with his son as his co-criminal at his side."

Here's the whole thing.

As I mentioned in yesterday's post, the relationship between the two defendants puts the two attorneys in a very awkward spot. I get the sense that they're painfully aware of this, as well.

So here's my take on it (and, keep in mind, I just watch this stuff, I have no legal training).... Alvaro Williamson's testimony is that Jacques got the gun out of the car, he grabbed it away, then the shooting went down. Grimes needs to hit that home with the jury, that he was trying to protect his son, or his "baby," as the attorney put it. If he can do that, then they're probably more likely to give him a lesser murder charge or manslaughter.

Shapiro, on the other hand, has to push as much of the blame onto Big Al as he can, minimizing Jacques' exposure. He needs the jury to see Jacques as an innocent kid, afraid to disobey his ex-Marine dad. And to do that, he needs to make the dad look like the guilty one.

That's not that uncommon with multiple defendants, I suppose, but this isn't something like a gang murder or a fraud conspiracy. In those cases, the defendants are much likely to be every-man-for-himself, throwing the blame on each other to minimize their own culpability.

But how do you do that when the co-defendants are father and son? An injury to one is an injury to both, presumably. If Grimes does a great job, the jury believes him and gives Alvaro Williamson a lesser charge, then heaps more of the blame onto Jacques, the Williamson family isn't going to be thrilled. If Shapiro wins over the jury by making Jacques seem like he was just caught up in the middle, then his client's dad will be going away for a long time.

Not a fun situation, huh? There goes any aspirations I'd ever have to go to law school, that's for sure. I'll let you know what the jury has to say, as well.

Closure eludes families in body-in-shed case

Back in December, Mark Allen Steffen went on trial for murdering his girlfriend, Dina Canale. After less than a day of deliberation, the jury found him guilty of second degree murder and the judge scheduled the sentencing for today. First, I'll refresh your memory with the story:

When the love of his life turned up dead in his Reseda home, Mark Allen Steffen stuffed her in a box, locked it in a shed and got on with his life.

The 58-year-old part-time auto repossessor, on trial charged with murdering his girlfriend, Dina Canale, admitted as much before his defense rested Monday.
He agreed he'd slapped her around. He acknowledged he'd lied to police when they asked where the 37-year-old mother of three had gone.

Steffen even said he'd invited an old flame over for a barbecue next to the shed -- where Canale's corpse sat rotting.

But stashing the body until he could find the right place to bury her was all he admitted. He didn't kill her, he said.

``What I did wasn't reasonable at all,'' he testified. ``It was a very bad decision on my part.''


After his testimony, the two sides gave closing arguments in Van Nuys Superior Court, and the jury began deliberating. If convicted of second-degree murder, he faces a possible life sentence.

Steffen and Canale were dating for a few months when Canale went missing Aug. 12, 2006. He told a friend they argued, he kicked her out and she vanished. The next time he saw her, he testified, she turned up mysteriously dead in his house.

Steffen, a gray-bearded, pony-tailed man who sat placidly through most of the four-day trial, said he wanted to preserve her body for burial on land he planned to buy in Washington state.

So he placed her in a box and stored her in a shed behind his Lindley Avenue home until he could make appropriate plans.

Jon Anderson, Steffen's sometime boss and alleged drug dealer who introduced him to Canale, dropped by about two weeks after her disappearance and smelled a strong odor wafting from the shed. Since he had previously noticed a cut on Steffen's arm and saw that Canale was still missing, he wanted answers.

``Are you doing some O.J. (stuff) in there?'' Anderson asked him, according to testimony.

Steffen told him the smell was probably a dead opossum and changed the subject. Soon after, he headed north on what he said was a pre-planned trip. Eventually, his brother alerted police that something was terribly wrong. On Sept. 21, 2006, officers cracked the lock and discovered Canale's skeleton.

Cops caught up with Steffen in Port Orchard, Wash., about a week later, arresting him on suspicion of murder. The body was so badly decomposed, investigators couldn't determine how she died.

Deputy Public Defender Alan Budde seized on the lack of a cause of death, saying prosecutor Jane Winston had not proved his client murdered Canale.

``Hiding the body is offensive, we know that,'' he said in his closing argument. ``It's nasty and offensive, but it doesn't solve the case.''

Winston acknowledged she couldn't prove Steffen beat Canale to death, but said his string of lies on the stand and to investigators showed his story didn't hold up.

``Probably the most bizarre story ever heard,'' she noted in her closing. ``He is not a 17-year-old with poor judgment. He has been around. He knows you don't put a body in a box, in a shed, in the summer, in the Valley.''

As jurors began deliberating, Canale's sister-in-law Joanna Lampert wiped away tears. Canale had a drinking problem, she said, and had run into hard times.

But even with all her troubles, she was still a doting mother and beloved part of the family. The day before she disappeared, she celebrated her 6-year-old son's birthday with her kids and talked about kicking her drinking habit. She hoped to turn things around.

``It's a horrible disease, but plenty of people have trouble with alcohol,'' Lampert said. ``She didn't deserve to die like this.''

This morning, Canale's family and a few Steffen relatives gathered in Van Nuys Superior Court, hoping to hear the final word on what would happen. And, after he was brought out in handcuffs and jail blues, it looked like that word would come down.

But his attorney, Deputy Public Defender Alan Budde, was unable to appear due to a medical emergency. Since Budde was prepared to argue the verdict should be thrown out and the case retried, the PD standing in for him asked the case be delayed until he could return. Judge Richard Kirschner agreed, but allowed the family members, some of whom had flown in from Northern California, to offer their statements.

"He seemed to think that no one would miss her. ..." said sister-in-law Joanna Lampert, who's now caring for Canale's kids. "I don't ever want him to see the light of day."

Outside, the family cried and hugged some more, thanking LAPD Det. Jason LeDuff for his role in solving the case and wishing it would finally come to an end. Tracy Perry, Canale's sister, broke down after sitting stoically through a gruesome, four-day trial.

"I never cried through all of this -- I was waiting for this day," she said. "Dina was awesome. People don't see that, they just see the alcohol. But she was so much more."

She'll be back March 10, when she hopes to finally put the case behind her.

January 29, 2008

Williamson trial closing outtakes and highlights

It's a lot more fun to think of courts like you see in the movies, with the drama and stunning oratory conveniently packed into concise, witty, easily understood arguments. But, as I've explored in the past with People vs. Williamson and Williamson, there's a lot of downtime and bizarre moments involving lost pants and curse words.

For the past two days, the attorneys have gone through their closing arguments, which are usually the dramatic moments you see on TV. There were plenty of tense moments, but lots of oddball ones, as well. So here's something of a blooper and highlight reel, all wrapped into one convenient blog post:

Much centered around the trial's central phrase, "go get my s---," allegedly uttered by Alvaro Williamson to his son Jacques.

"When Alvaro Williamson said he wanted his gun, he didn't say, 'Jacques, I want my gun now. It's the one over there under the seat, because I feel threatened.'" Deputy DA Paula Gonzales said. "He says, according to evidence, 'Go get my s---.'"

This phrase, or slight variations on it, has come up over and over again. Gonzales argued that his use of 's---' as a replacement term for gun, likening it to "thingamabob". Since Jacques didn't have to ask what his dad meant, she argued that shows that the incident was preplanned and that the son shares in the father's guilt, even though he didn't pull the trigger.

Alvaro Williamson, for his part, testified last week that he said "What the f--- are you doing? Give me that s---," which makes it seem like Jacques got the gun of his own accord and that he snatched it away. He claims he then heard a shot, panicked and killed Filemon Ramos.

Williamson's attorney, Milton C. Grimes, gave a wildly ranging, theatrical closing, peppered with pregnant pauses and punctuated with laughs. At one point, he asked the jury if his client had behaved the way he did because "he's an a-hole."

Part of his argument centers on Alvaro Willamson's possible intoxication, saying this clouded his client's judgment when the shooting occurred. He asked the jury to imagine a conversation between friends regarding one's drunken actions, then acted it out, playing both parts.

"I didn't do that."
"Oh, yes you did, pardner!"
"Oooh, dang, I did?"

As Grimes was explaining the legal technicalities of reasonable doubt, he got ahold of a wooden pointer to help the jury follow along with his overhead projector presentation. Once that was finished, he didn't relinquish the tool, however, waving it like a swordsman and twirling it like a drum major. At one point, he used it as a stand-in for a rifle, punctuating his mock shots by screaming "pow-pow-pow-pow-pow!"

He acknowledged his histrionics before the jury, apologizing for for his courtroom flamboyance at the same time he indulged in it.

"It's not to say, 'I don't like either of these bald-headed guys, Grimes or Williamson,'" he said, reaching for the elegant handkerchief that he wears as a pocket square with his sharp suits. "'I don't like how Grimes is always playing with his little hankie. If he can't keep it in his pocket, he ought to leave it alone.' You can't hold that against Mr. Williamson."

Mark S. Shapiro, who's defending Jacques, also took a page from the self-deprecating playbook. He's had a rougher go of things from the beginning, all of which he acknowledged as he addressed the jurors. He admitted he screwed up by not offering condolences to the Ramos family and said he could be a better lawyer.

"I can't think of any closing argument I've ever made that was as important as this," he said. "And I'm scared. I'm shaking in my boots. And I'm not even wearing boots."

The two defense attorneys have an unenviable task, which I'll get to in a later blog post, because to protect their own clients, they've got to throw some suspicion on each other's. Given that they're father and son, it's even stickier. Shapiro argued that Alvaro Williamson, an ex-Marine, would have carefully watched over his firearms, not let his then-17-year-old boy tote them out of the house without his knowledge.

"How do Marines feel about their guns? They love them," Shapiro said, voice dropping almost to a whisper before rising to military volume. "'This is my rifle, this is my gun... blah, blah, blah, blah.' There is no closer relationship between a Marine and his gun."

For those of you unfamiliar with the reference, here's a learned discussion of the Marines' refrain. And if the court testimony hasn't had enough cussing for you, that article certainly will.

Shapiro, too, returned to the "give me my s---" phrase, but had an unexpectedly goofy moment that reinforced his "I'm just a humble guy" message, perhaps a little too well.

"I said," he bellowed, slamming his hand on the prosecutor's table, preparing to let fly. As he did so, Gonzales' laptop jumped and, rather than a forceful, "give me my s---," the jury heard some computerized noise.

"Oops," Shapiro grinned, apologetically. "I didn't know it would do that."

When he wrapped up, Gonzales took over again for her rebuttal. Mindful of Grimes' charisma and rapport with the jury, she started in by praising him.

"Mr. Grimes is a gifted and talented speaker," she began.
"I'm going to object to that," Grimes interrupted, cutting her off as she told the jury how great he was. "It's improper."

Judge Ronald S. Coen overruled him and Gonzales continued. Though she doesn't have his flair, she was also much more focused than before and offered a forceful tone as she began her final argument.

"It's talented speaking versus the facts," she said. "I know I'm not as talented, but the facts are the facts."

She's still got a few more things to say tomorrow morning, but I'm not sure if I can make it back since I've got a sentencing to attend in Van Nuys. So, instead, I'll leave you with a thought from Shapiro:

"This case is a tragedy, no matter what," he said.

That was the most truthful thing I've heard in the entire month of testimony and argument. No matter what the jury finds, these two families will suffer forever from the events of that summer night.

The slow wheels of justice

Well, things went a little more slowly than I anticipated in People vs. Williamson and Williamson today, so disregard my earlier comment about having a story on the end of arguments. Shapiro finished his closing today for the defense, then Deputy DA Gonzales got her rebuttal, which she got most of the way through before court wrapped at 4 p.m. I'll offer you some highlights in a bit.

The James Bond of Canoga Park

Or is it Carlos the Jackal? Or is it just some dude whom the government is unfairly picking on? Well, let's read the beginning of Mr. Castro's excellent story today...

CANOGA PARK - The upscale hillside neighborhood above Topanga Canyon Boulevard hardly evokes a scene of America's War on Terror.

But near the top in the 22100 block of Parthenia Street, a drama right out of a spy story - replete with intrigue, paranoia and urgency - is playing out.

At the heart of the tale is a dark, gray-haired, mustachioed man who on a recent day wore a running suit and baseball cap just before dusk to enjoy the day's last breathtaking view of the San Fernando Valley - a view that could soon be taken from him.

William Shaoul Benjamin, 65, an Iraqi-born naturalized U.S. citizen, goes on trial today on federal charges that he failed to "register, as required by law, as an agent for executed Iraq leader Saddam Hussein's feared intelligence service, whose leaders are believed by U.S. officials to have played central roles in the reported links between Saddam and al-Qaida."

If convicted of four criminal counts related to his alleged spying case - including lying on his application for U.S. citizenship in 2001 - Benjamin faces 20 years in prison and possible deportation to his homeland.

"He is the least likeliest person you would expect to find as an enemy of the United States," said his lawyer, James Edward Blatt. "He isn't a Muslim. He's a Christian, and he loves this country, and he loves George Bush. It makes no sense."

The whole thing's here. Man, that should be a fun trial to cover.... we'll keep you posted.

Still goin'

Williamson and Williamson's still going. Grimes wrapped and Mark Shapiro, defending Jacques Williamson, is now about 10 minutes into his close. He acknowledged "I'm shaking in my boots. And I'm not even wearing boots."

I'm working on a rough draft of the story in our San Fernando bureau (namely the always-excellent House of Brews coffeehouse) and hope to post something when Shapiro completes his closing argument this afternoon.

January 28, 2008

Williamson & Williamson nears its end.

The Alvaro Williamson/Jacques Williamson witness testimony ended today and went to closing arguments.

I actually hadn't planned on being there, but ended up in the courtroom on a happy accident when the prelim on the Weinberg case got pushed back. Deputy DA Paula Gonzales got through her close, then Milton C. Grimes, defending the father, started in with his. I'll post more tomorrow, when Grimes raps up and Mark Shapiro, defending the son, finishes his. It'll be some good stuff, I promise.

And now, my battery's dying, so I'll sign off. See ya manana.

Sextoy Dave doesn't like his matchmaker experience

This one's a bit of a stretch on the legal affairs side, but there's a quasi-connection, so I'll put something short here. Last year, I was part of the team that worked on our porn series and still get press releases from some of the companies involved. A few days ago, I got an e-mail about Dave Levine, who runs an adult products company. The title was "Sextoy Dave on millionaire matchmaker press release" and I thought, "Gee, that sounds odd."

In the original release, the Hollywood-based Mr. Levine, proprietor of Sextoy.com, was pretty excited to appear on "The Millionaire Matchmaker" on Bravo.

"I don’t mind the lashing matchmaker Patti gave me," he said in the statement. "I am used to it, and I know it certainly makes for interesting television."

Then the show came out. Now Mr. Levine's bummed because Patti Stanger, the show's host, had some negative things to say about him and the stripper pole he keeps in his home. Hmm, hard to see that one coming, wasn't it? So his PR folks fired off a response, including this back-and-forth:

Patti says, “He wouldn’t be in the Sex Toy business if he wanted to be a banker or lawyer conservative type and get married and settle down. The fact that he says to me ‘I want to get married and have kids,’ is ridiculous.”

Dave: I took the LSAT's and almost went to law school. Instead, I went to NYC and tried to get a job as an investment banker. When I saw the web in 1994, I worked feverously to come up with a business that could make money on the web by working from home. I started several businesses including selling high end art, lobsters, books, t-shirts, watches, etc. Some of my businesses made some money and some did not. By late 1995, I saw how fast the web was changing and I knew I needed to focus. My store with the best sales, best profits and most traffic was sextoy.com. So I decided fine, I will be the king of sextoys. I am not personally into toys . . . I am into profit margins. This business decision should not disqualify me from finding love.

I come from a great family with loving parents who have had a great relationship for over 40 years. Coming from a great family, it is only natural that I would want the same. To call that “ridiculous” is insulting and wrong.

I don't know what's more entertaining, his umbrage over her insults or the line about his business interests "including selling high end art, lobsters, books, t-shirts, watches, etc." I wonder if there's much crossover in the high end art worlds and lobster commerce. And if he'd become a lawyer, would he have trouble finding that great relationship? One wonders. Best of luck with the love life, Mr. Levine.

Culver City slave case

As an almost resident of Culver City, I tend to associate it more with movie theaters and restaurants, rather than, well, slavery. But, as I continue to learn, there's nothing that's too strange or too twisted for the Greater Los Angeles area.


A former Hollywood studio attorney and his wife are expected to be sentenced today for forcing their Filipina housemaid to work as a virtual slave in their Culver City condominium.

James Jackson, 54, who was the vice president of legal affairs at Sony Pictures at the time the crimes occurred, pleaded guilty last August to a single count of alien harboring. His wife, Elizabeth, 55, pleaded guilty on the same day to a charge of forced labor.

James Jackson acknowledged harboring their housemaid, former schoolteacher Nena Ruiz, in his home even though he knew her work visa had expired.

The couple is scheduled to be sentenced this morning by U.S. District Judge Dale Fischer at U.S. District Court in downtown Los Angeles.

The Jacksons forced Ruiz to work 18-hour days for several months from 2001 to 2002.

And, the horrible nature of the crime aside, what makes this so interesting? Because of Mr. Jackson's day job. The dude's an attorney and vice president of legal affairs for Sony and it doesn't occur to him that it might be a bad idea to keep a maid as a slave? My, my, my, what are they teaching in law school these days?

Legal mad-libs, courtesy of Prof. Volokh

When I was setting up the links on this blog, I threw one on to The Volokh Conspiracy for a few reasons: I wanted to find a law blog that had some interesting writing, I went to UCLA and, frankly, it's just got an awesome name.

I'll concede that much of the discussion there is somewhat over my head, as I'm just an observer of the legal community, rather than a part of it. Perhaps at the 20th anniversary party of Order in the Court, we'll all laugh about those tender, early days before I became a legal genius, but until we get there, I'll keep looking at many of the Volokh posts and wish that I were more of a scholar.

But, along with interesting stuff like this discussion on cease-and-desist letters, the Conspiracy crew also has some very amusing asides, such as this:

Looking for a Good Term:

A student of mine is writing a very interesting article about restrictions on sex between medical and quasi-medical professionals (from psychotherapists and doctors to massage therapists and opticians) and patients. But he's looking for a good term to fill in the blank:

"One common argument for restricting sex between psychotherapists and their clients is that the clients often have a diminished ability to ___."

And while some of the commenters are helpful, quite a few had some fun with it. It's awesome-- the guy's trying to get some help for his poor student and his readers are treating this like Mad Libs. Good luck, Prof. V. And good luck to the student, too-- sounds like an interesting issue, even without the off-color suggestions offered up in the comments.

Help wanted: no sex offenders need apply

Normally, I'm not a big fan of newspaper letters columns (nor am I a big fan of newspaper editorial pages, either, no offense to my pals over at Friendly Fire). But today's lead letter brings up a very interesting point. Read on:

Re "Victim's family awarded $12 million" (Jan 19):

Scott Villa Apartments L.P. and Francis Property Management lost a civil case and now owe $10.8 million for hiring a convicted felon and registered sex offender.

If employers are liable for the crimes of anyone they hire (as this case shows), who will hire convicted felons or registered sex offenders? If no one will hire them, what will the felons do but commit more crimes? If they cannot get jobs, then once a felon, always a criminal. We have given them no choice.

Are we giving them any chance to live a normal life? If your answer is that they deserve it, does everyone else deserve to be victims of the crimes they commit because they cannot get a job? Then we complain about the crime rate.

- ROBERT REEVES

Chatsworth

I explored the case in an earlier blog post, but I'll admit, that's not an angle I considered. And Mr. Reeves makes a very good point: if someone's done their time for a past crime, at what point can we stop penalizing them? Mr. Rodriguez, the sort-of-accused, served his earlier sentence and registered as a sex offender, so at what point are is he or his ex-boss still liable for his past misdeeds?

Certainly, there are plenty of instances where people's crimes should prohibit them from future employment. You don't want child molesters working as teachers or habitual drunk drivers sitting behind the wheels of city buses. And if a guy's got a few battery beefs in the past, you probably don't want to issue him a badge and gun and tell him to go protect and serve.

But how far do you go with this? It's a little easier to point the finger in the Scott Villa case, since Rodriguez allegedly re-offended to crimes similar to the ones he'd committed before he took the job. And the jury did, to the tune of 10.8 million bucks. If I were a property owner right now, I'd be pretty damn hesitant to hire a guy with a shady past, looking at a multi-million dollar bill for an employee's supposed misdeeds.

The hard part is -- and this is what makes covering this stuff so interesting -- is that our justice system is based around the notion of rehabilitation. If you serve out your sentence and demonstrate that you're no longer a threat to society, you're supposed to be able to transition back into it. Employment plays a big role in that, allowing the ex-con to return to supporting themselves and interacting with people in a positive manner.

Heck, that's not just the justice system, that's a big part of our society. Listen to the lyrics of "Amazing Grace" sometime, you'll see what I mean.

As I was saying before, you don't want to just to open the prison door, boot the convict out after their sentence and say, "Adios, pal, now run wild." In hindsight, it's easy to say that Mr. Rodriguez shouldn't have been hired for a job where he had access to people's apartments or contact with women. Given the sexual battery and burglary charges, unrelated to the civil case against Scott Villa, that sent him to prison, he makes a good case for the lock-em-up-and-throw-away-the-key crowd.

But there's plenty of people who've gone on from a rough past to productive lives-- one of them (albeit for much lesser problems and with much greater success) happens to live in the Getty Mansion now and occupies a rather prominent office in City Hall. If we're going to say that a criminal past should bar you from working as a handyman, then there's gonna be a whole lot of people whose jobs, perhaps the only thing preventing them from returning to crime, evaporate. And trust me, if you can't get a job fixing people's pipes and changing lightbulbs, it's not like Microsoft is going to come calling to offer you a gig as a software engineer.

As is usually the case, I don't have the answer, but I'm glad Mr. Reeves brought this up. It's certainly given me something to think about, and I hope for you, dear readers, as well.

January 27, 2008

The horror of Metrolink crash lives on

I don't like writing stories like this. There's drama, there's action and they're absolutely horrible. A one-homicide story is bad enough, but multiply that by 11 and throw in the scores and scores of physically wounded and emotionally scarred people and it's infinitely worse.


Three years ago today, Steven Toby settled down for a quick nap and woke up in a nightmare.

The 51-year-old Shadow Hills man was headed south on Metrolink 100, catching a little shut-eye on his way to his job at Los Angeles City Hall. The clock read 6:02 a.m. A tremendous collision jarred him awake.

The lights went out and Toby heard a mass gasp. His train had gone off the rails.

"You think, `Oh, I'll get through this and go on like before,"' he said. "But the consequences reach far beyond me and the people affected that day."

Three years, one arrest, 11 deaths and dozens of lawsuits later, the families of the worst disaster in Metrolink history hope their long quest for justice is close to an end.

The Los Angeles Superior Court has scheduled the criminal trial of Juan Manuel Alvarez for March 24. The 25-year-old Compton man, who drove his SUV onto the tracks at Chevy Chase Drive in Glendale, stands accused of 11 counts of murder, along with arson and train-wrecking charges. If convicted, he faces the death penalty.

The civil trial against Metrolink is supposed to go to trial July 14, too, which will reopen the old pain anew. I can't imagine what it must have been like for the victims, the responders or the neighbors and bystanders who ran to help. As in any disaster, the best and worst sides of human nature were on display that day.

Stay tuned on this one-- they're both going to be long, painful trials and we'll do our best to keep you informed.

(My thanks go out to my partner, Mr. Dobuzinskis, on this one. The story would have been a lot shorter and a lot less interesting had it not been for his timely assistance)

January 26, 2008

Send all my mail, to the very comfy Glendale Jail

Ahh, weren't we just speaking of Kiefer Sutherland just the other day? Well, my colleague Mr. Dobuzinskis does a nice round-up of the "pay to stay" trend in today's paper.

For well-heeled convicts sentenced to jail for relatively minor crimes, a cell at one of a handful of Southern California city jails is just a fistful of cash away - and Glendale's facility is gaining a reputation as an oasis.

At $85 a day, demand has surged for the jail's pay-to-stay program after errant celebrities Kiefer Sutherland and Gary Collins recently picked the site to bunk down in.

While Sutherland, 41, star of "24," was released last week, and Collins, 69, a veteran of countless TV shows, also is gone, the jail has been flooded with calls.

"After Kiefer and Gary, we got inundated with calls, so we actually have people lined up through the summer," said jail administrator Juan Lopez, who noted more than a dozen inmates are now signed up.

"We'll have to set up plaques that say `Kiefer slept here' or `Gary ate here."'

Experts say California's dozen or so boutique jails such as Glendale's are pricey and require prisoners to serve their entire sentence - instead of staying for free in the overcrowded county jail and potentially being released early - but are an attractive option for many who fear jam-packed county facilities.


Check out the whole thing here.

Although I hate to overuse the "only in LA" (or Glendale, in this case) phrase, the idea of celebrity jails is just too funny.

And we're back!

Sorry for the dark Friday-- I was off taking care of some business and generally lurking around Los Angeles. But now that I've finished roaming the streets of Hollywood for an upcoming story, it's back to the blogosphere.

January 24, 2008

What a difference a suit makes

The first time I saw Alvaro Williamson, he was having wardrobe issues. Sitting behind the defendant's table, he wore a stylish, khaki-colored sport shirt above jailhouse blue pants. It was not a good look, for fashion and legal reasons.

A relative was supposed to bring the accused a pair of slacks, but the pants had never materialized. Judge Ronald S. Coen didn't want the jury to be unduly influenced by this odd choice pairing of clothes, so he made sure that Williamson was already seated when jurors came in and out.

By the time he took the stand in his own defense, Mr. Williamson had his clothing problems ironed out. Dressed in a gray suit, apparently freshly purchased, judging from the label still on the sleeve, and a cream-colored button-down, he presented a considerably less threatening image when he swore to tell the truth and sat in the witness box.

Alvaro Williamson admitted Tuesday that he killed his neighbor but testified he was normally a concerned citizen, good father and animal lover.

The Arleta man, charged with murdering Filemon Ramos and attempting to kill his son, Filiberto Ramos, took the stand in San Fernando Superior Court in his own defense.

He told the jury he feared for his life and thought he'd heard a gunshot and seen a weapon at a street soccer game gone awry.

The neighbors had been bickering for years over loud music, rude gestures and the right-of-way on Fillmore Street. Williamson said he didn't expect things to end up the way they did on June 25, 2006.

"I regret my action on that day," he said. "I'm trying to deal with it the best I can. There's losses all around. It's unfortunate."

Williamson started off as a pretty good witness, relaxed and engaging while under questioning from his attorney Milton C. Grimes. He's a big dude, 6'7", 270, but he leaned back in the chair and looked considerably smaller. He'd grown a neatly trimmed, graying goatee and was calm and collected under his attorney's questions.

Grimes started off with questions about Williamson's relationship with the victim, Filemon Ramos, then moved onto the tattoos on the sides of his neck.

One meant death/rebirth, Williamson testified, the other meant evil and wicked. That's not exactly the kind of thing I'd want my attorney to be asking me about, but I figure Grimes would rather have that introduced on his terms, rather than when Deputy District Attorney Paula Gonzales had control.

Grimes led his client through the events of June 25, 2006, the day Williamson ended up with a pistol in his hand and Ramos ended up dead.

Williamson said he got up, went outside and kissed his Rottweiler good morning. He ate breakfast, which he said he didn't normally indulge in, but this time tucked into a spread of four pork chops, home fries and eight sausages in front of his television. Around 1 p.m., he fixed himself a cocktail of Cuervo Gold and Pepsi, then had some pals over to shoot the breeze and talk about a motorcycle he was looking to buy.

By nighttime, he went for a drive with his female friend, came back and picked up his son, Jacques, to get a bite to eat. As they left, they got into an argument with the Ramoses and their friends, who were playing soccer out in the street.

"They flipped us off, whether it was me, her or someone in the vehicle," Williamson testified. "I told her to stop the car. I was frustrated and I had a choice of words for them."

He didn't specify what that word choice was, but I'd guess they weren't "Howdy, neighbor, how ya doin'?"

The argument escalated, things got heated and, soon, the defendant was describing the positions of the people surrounding him.

"Where was Filiberto?" Grimes asked, referring to Filiberto Ramos, the deceased man's son whom Williamson also shot in the leg and buttock.
"Can I point at the jurors?" Williamson asked.

Grimes wisely didn't think that was such a hot idea. Using the people who will decide your fate on a murder beef as a stand in for a shooting victim could make them a little less sympathetic.

"No!" he said. "Let's not use the jurors. How about the railing? Or the table? Or the podium? Or me?"

When Gonzales took over, she adopted a decidedly more aggressive tack than when she had her own witnesses on the stand. She got Williamson to admit that he owned several unregistered guns, but he claimed he didn't own the Sig Sauer automatic the prosecution claims killed Ramos. Though Williamson testified he believed he was acting in self defense, she questioned why he just offered a "no comment" when a news crew asked him if he'd shot Ramos as he came to the police station to turn himself in.

"At that moment, sir, you're coming into admit you killed your neighbor," she said. "Isn't that the time to say, 'Hey, wait, I know this Filiberto kid and he tried to kill me?'"

Under Gonzales' questioning, Williamson was more sarcastic and condescending than when Grimes was in control. He said he was full of smart remarks and she went after him pretty hard whenever he dodged a question or tried to brush her off.

It'll be interesting to see how the jury reacts to his testimony. It's always a risky gambit to defend yourself -- you can either become more human in the eyes of the jurors or make yourself seem like even more of a jerk. Williamson played things pretty cool up there, but we'll see if it'll work.

"If I could go back to June 24, I wouldn't have been home June 25 or 26," he testified. "But I can't go back in time."

No! Not the yogurt!

I ran across this one early on the wire this morning. It seems that caterer Trish Weiner bought some Dannon yogurt and really didn't enjoy it. She blames bifidus regularis and L. casai immunitas. Dannon says the bacteria make you healthy. Weiner says they makes your mouth taste funny.
She wants a refund. And more than that, she wants a refund for everyone who bought the yogurt, which, as you'll see, adds up to a whole lotta cash.

A woman is suing the makers of Dannon yogurt, claiming the company overstates the health benefits of some of its products.
Trish Weiner alleges in her lawsuit, filed Wednesday in federal court in Los Angeles, that Dannon is engaging in a “massive and comprehensive” false advertising campaign for its DanActive, Activia and Activia Light yogurt lines.
Dannon claims the products can boost immunity and regulate digestion because of certain bacteria they contain. On its Web site, the company even references studies that it says support its claims.
But Weiner, who said she bought the products after seeing the advertising, said the bacteria aren’t so special.
“You’re hearing these scientific terms and you’re thinking that they have come up with something,” said Weiner, who owns a catering company. “But the only effect that it had on me was that it tasted poorly.”
Weiner wants class-action status for her suit — and wants Dannon to issue refunds to everyone in the United States who bought the products. An attorney for her said that could amount to as much as $300 million.
A spokesman for White Plains, N.Y.-based Dannon, a unit of France’s Groupe Danone, said Thursday that the company is reviewing the lawsuit.
“We stand by the claims of our products and the clinical studies that support them,” said Michael Neuwirth, Dannon’s senior director of public relations.
Dannon began marketing Activia and its “bifidus regularis” bacteria early 2006, with a woman in one ad recommending the yogurt to a friend to reduce bloating. The company launched DanActive a year later, claiming it contained “L. casai immunitas,” and was clinically proven to help improve the body’s immune system.
According to Brandweek magazine, sales of Activia grew 48% to $181.3 million in a year and DanActive sales rose 185% to $60 million.

I guess we'll see how that goes. Personally, I'm not too worried. I'm a Yoplait man, myself.

January 23, 2008

Cooley gets props for speaking up

Come to think of it, I was kind of sarcastic when I was writing this post last night, so I'm going to re-write it now.
It's rare when you see newspapers praising public officials, especially those in law enforcement and the justice system, for their transparency and candidness. But the California Newspapers Publishers Association did just that on Wednesday.

Los Angeles County District Attorney Steve Cooley won the Freedom of Information Award for his sponsorship of Senate Bill 690. He partnered with CNPA last year for the legislation, authored by Sen. Ron Calderon (D-Montebello), that gives the public and the press greater access to info about criminal charges and cases. It took effect on Jan. 1 and allows prosecutors to provide info on criminal charges and the outcome of the case if the defendant was sentenced more than 30 days before the request for info was made.

This is probably sounds kinda arcane, but it's actually really helpful, especially when dealing with law enforcement agencies who are less enthusiastic about chatting. Lots of times, when we see something on the arrest blotter or get some info from one agency, the right folks won't be around (or won't want to talk). But, as a result of that policy, Cooley's office can usually provide us with vital information for stories. And that is a very good thing, indeed.

And the defense calls.... Wyatt Earp.

Mr. Harnisch over at The Daily Mirror was kind enough to flag me on an interesting post this morning.

If you recall that boring murder trial that we discussed last week, well, it sounds like it got a whole lot more interesting, a few days in. The defense called Wyatt Earp to testify in the excitingly chronicled saga. The testimony of the famed gambler, constable and "Gun Man" doesn't show up in the text, but the Times' artist offered up a slammin' illustration. In my short time covering courts, I must say that I've never seen a witness with such a distinguished mustache.

January 22, 2008

Will the Andrew Luster drama never end?

And the answer to the question in the title is, of course, no.

It's been four years since we last heard of the cosmetics heir turned rapist turned fugitive. He's currently serving 124 years in the pen for his drugging, raping and videotaping adventures, but fear not, dear readers, his sleazy story lives on in court. According to a wire story at Dailynews.com:

A lawsuit by a woman who alleges that a videotape showing her being sexually assaulted by Max Factor heir Andrew Luster was given to the media by Luster's mother returns to court this week after a long hiatus, according to court papers obtained today.

Set for a status conference tomorrow before Los Angeles Superior Court Judge Elizabeth Allen White, the invasion of privacy suit was filed in January 2004 by a woman identified as Lynn Doe, but also known as Shawna Doe. She says Elizabeth Luster intentionally obtained a private videotape depicting the plaintiff from her son Andrew's home and made the contents public without her permission.

Elizabeth Luster gave the tape to CBS Broadcasting Inc., which broadcast an edited version of it and other Andrew Luster videotapes in February 2003, according to the suit.

The lawsuit has been on hold while Elizabeth Luster appealed a May 2005 ruling by Judge Jon M. Mayeda denying her motion to dismiss the complaint on grounds it violated her right to free speech. She appealed, but a three-justice panel of the 2nd District Court of Appeal affirmed Mayeda's ruling in November.

Luster is the 44-year-old great-grandson of cosmetics legend Max Factor Sr. According to the suit, the tape shows images of Lynn Doe sitting on a bed with Luster as he narrates the video and touches the upper part of her legs.

If you want the whole thing, click here.

Or, if you want a much more interesting story, check out an old story about Luster's wild nights on the lam, authored by the dude who went on to be my boss. Man, that guy was a pretty damn good writer....

January 21, 2008

Kiefer checks out

The enthusiastically middle named-actor Kiefer William Frederick Dempsey George Rufus Sutherland was the latest famous dude to find his way in and out of the justice system, completing his sentence on a deuce arrest early this morning. After getting caught for his second DUI in Beverly Hills on Sept 25, Jack Bauer decided to do his time in Glendale, skipping his birthday and Christmas in order to complete his whole sentence during the writers' strike and not interrupt "24" when it gets back to shooting. Unlike some of our other famed miscreants, such as our old pal Michelle Rodriguez, Mr. K. W. F. D. G. R. Sutherland did his whole sentence.

Let's hope he goes home and celebrates with a little grape juice.

Former "spy" gets tough on elephant matters

As I was ruminating about the other day, Los Angeles is an awesome city. I've re-read this story several times and still can't figure out entirely what's going on.

Citing declarations by experts who contend the Los Angeles Zoo has a history of abusing and neglecting its elephants, actor/animal activist Robert Culp wants a judge to order the immediate closure of the pachyderm exhibit and stop work on its expansion, court papers show.

In a lawsuit filed Aug. 2 against the city and zoo director John Lewis, Culp and real estate agent Aaron Leider maintain zoo authorities have withheld medical care, kept the animals confined in a small area and used bull hooks and electric shock to control them.

The Los Angeles Zoo's elephant exhibit is currently home to a lone pachyderm -- 21-year-old Billy.

After prevailing against the city's motion in October contesting the legal sufficiency of the suit, the men now want a preliminary injunction shutting down the exhibit and stopping the ongoing construction pending trial of their lawsuit, which seeks to make both steps permanent.

A hearing is set for Feb. 6.

A guy who used to play a spy opposite Bill Cosby? A pachyderm? A real estate agent? This stuff doesn't happen in Duluth, dear readers.

Back story on the Eriberto Rodriguez case

My apologies for the dearth of posts as of late. Unlike my old crime-blogging days, where the weekend yielded plenty of fodder, it's a little slow on weekends and holidays, court-wise. I meant to update the Jury finds apartment owner liable for employee's alleged murderous habits post from late Thursday, but got caught up in the usual weekend rush. And so now, with courts closed for Martin Luther King Jr. Day, I'm finally getting my act together.

Here's the story from Saturday....

In an unusual civil case with little legal precedent, a jury has found a Burbank apartment owner and manager liable in the death of a former tenant because they hired a convicted felon and registered sex offender as a handyman.

The Los Angeles Superior Court jury returned a $10.8 million verdict against Scott Villa Apartments L.P. and Francis Property Management Inc. for hiring Eriberto Rodriguez, 46, who worked as a maintenance man at the complex in the 1500 block of Scott Road, where Sharon Santos lived when she disappeared in 2004.

The jury also awarded a $1.2 million verdict against Rodriguez, who is in prison for an unrelated offense.

Santos, an analyst with Warner Bros., was raped and killed, then stuffed into the trunk of her car. The Burbank Police Department is still investigating the case, and nobody has been arrested.

To give you some background, this was a weird story from the beginning. We got a press release from the lawyer representing Edna Santos, the victim's mother, at 6 p.m. on Thursday, right as I was packing up to go home. I wrote that initial story, which ended up holding, then came back at it on Friday morning. With some timely assistance from Jason and Mr. Dobuzinskis, I managed to rope it all together around 4:30 p.m.

To get some of the files, I had to go to the records room at the Stanley Mosk Courthouse. They didn't have the files I needed, but let me use the public terminal, which is not-so-conveniently located behind a glass wall similar to what you see at a bank. You reach through a little slot to use the keyboard and mouse, then crank your neck over to see the screen, all while people are bustling around you. Suffice to say, it's not the most comfortable arrangement.

By the end, I had what I needed and was able to get to writing. There were a bunch of weird legal issues to wade through:

- The civil case, with a two-year statute of limitations, beat the criminal case to trial.
- Rodriguez's employers are held liable for misdeeds for which he's never been formally accused.
- He's been convicted and sent to prison on very similar charges, sexual battery and breaking into people's apartments where Ms. Santos lived, but there's no formal allegation he did the same to her.
- The DNA evidence from her car still hasn't come back from the Sheriff's crime lab. Unlike CSI would lead you to believe, these things take a lot of time to make it through the system.

And there's probably more than that, too. I hope we coherently sketched out what's at stake here and will be able to revisit it later on, if and when the DA's able to bring criminal charges. In the meantime, at least he's not going anywhere.

January 18, 2008

Just another perfect day

I was headed down in the elevator at the CCB this morning, after a fruitless hearing on the Juan Manuel Alvarez case. To my right are two nicely dressed Chinese kids, Abercrombie types. To the left, a pair of attorneys stand discussing what sounded like a statutory rape rap for a client that wasn't going well.

A couple floors down, a pelon cholo gets on, wearing baggy shorts in spite of the 42 degree heat outside. He's got the Dodgers logo tatted under his Adam's apple, "City of Angels" on the back of his neck and script ink where his eyebrows used to be.

Another floor below that, an LAPD detective in a suit, his badge and his strap visible on his belt, hustles for the door. The veterano puts his hand out and holds the elevator for the cop. The attorneys keep yakking away.

And we're all there, the kids, the cop, the gangster and the starchy old men, with me smack in the middle. Some days, I love LA.

Speaking of cyber crime...

After all that yakking yesterday for the Amor Hilton story, I ran across this post on my old pal and former colleague Brad Greenberg's site, The God Blog.

Our competitors at the Times dug up a very interesting twist to the tragic Megan Meier saga. Though the alleged cyber-bullying took place in Missouri, Mr. Lait and Ms. Huffstutter report that a federal grand jury in Los Angeles is subpoenaing people based on the novel notion that it has jurisdiction since MySpace is based in Beverly Hills. It's too complicated for me to do it justice, so I'd recommend you just check out the Times piece. Nice sleuthing, guys, and if that goes anywhere, that would be a heck of a way to resolve an otherwise godawful situation.

January 17, 2008

Well said, Rick

I know I got excessively preachy with this post yesterday, but I wanted to add some follow-up. Rick blogged a bit of his own thoughts, and Kevin Lopez's family responded, as well. It's good to see Mr. Lopez finally got the recognition he deserved -- but he still hasn't gotten justice, nor has his family gotten closure. I'll look forward to posting the story when that day finally arrives.

Amor Hilton fights back

Amor.jpg That's Amor Nicholai Hilton, writer, model, DJ and alleged pervert target. Last month, she supposedly started getting threatening phone calls from a man. Cops say it was Jeffrey Robert Weinberg, a convicted hacker who just got out of the federal pen a few months back for hacking a company owned by Lexis-Nexis.

We got a press release from the LA County District Attorney this afternoon regarding Mr. Weinberg's arrest and court appearance. The story below developed....


SAN FERNANDO - Jeffrey Robert Weinberg's alleged attempts to score naked pictures of an underaged girl landed him in court, prosecutors said today.

Weinberg, 22, of Dana Point is already on federal probation for computer hacking after getting out of prison last November.

Soon after his release, he allegedly began stalking "Amor Hilton," a San Fernando Valley teenage blogger, model and deejay, demanding she send him nude photos.

When she didn't comply, he allegedly broke into the pink-haired, nose-ringed writer's MySpace account, messed with her cell phone and threatened to ruin her life - part of an increasingly common practice of online predation.

"This is not first time we've prosecuted something like this," said Sandi Gibbons, spokeswoman for the Los Angeles County District Attorney's Office. "Whenever you have a gadget, whether it's an answering machine or a Web site, there's always someone who tries to get into it."

For the whole thing, click here.

As I was calling around and trying to figure this out, someone mentioned that Wired magazine has a post, which I found here (and, do yourself a favor and read the whole thing-- I'll admit that it's better than my own story, 'cause the author knows much more than I do about the subject). I also turned up his federal prison record and Amor's MySpace page, though it's not clear if that's the same one with which Weinberg was allegedly jacking around.

Just for S&G, as a source of mine used to say, my editor suggested I call down to the DA's High Tech Crime Division. And, whattya know, this is becoming more and more of a problem. Megan Meier definitely came to mind. So we're gonna keep digging on this next week and hope to give ya something more soon.

Jury finds apartment owner liable for employee's alleged murderous habits

This is a weird one that came in late. I just banged it out, but hope to develop it more later.

A civil jury found Sharon Santos’ apartment owner and manager liable Thursday for negligence in hiring the convicted felon and registered sex offender suspected of killing her.

The jury returned a $12 million verdict against Scott Villa Apartments L.P. and Francis Property Management Inc. for hiring Eriberto Rodriguez, who worked as a maintenance man at the Burbank apartment in the 1500 block of Scott Road where she lived when she disappeared in 2004.

The jury also found that Rodriguez raped Santos, an analyst with Warner Bros., then murdered her and stuffed her into the trunk of her car before ditching it in Chinatown. Burbank police arrested him on suspicion of sexual battery, being a convicted felon in possession of a firearm and residential burglary in 2005 but are still investigating his involvement in Santos’ death.

The 46-year-old man was convicted on the charges and is currently serving a 12-year prison term, according to Larry Grassini, who represented Santos’ mother, Edna, in the civil case.
Grassini said in a statement that he hopes the verdict will lead to Rodriguez’ conviction on murder and rape charges, as well.

Judge doesn't like drunk actress, but he really likes her dad.

Man, I should have started reading the Daily Mirror more frequently long ago. Today, they dug up a piece by Jack Smith, who's got a very good reporterly name, about Sarah Churchill showing up in court 50 years ago on a public drunk rap.

The actress pleaded guilty, said she got sick while studying for some TV lines, and asked for mercy. Judge Charles H. Woodmansee accepted them "without rancor," gave her a $50 fine and then told her that her father was really, really great.

"You are the daughter of the most famous living statesman -- the greatest living statesman in the world," he said.

Ahh, I suppose it's worth mentioning for our younger readers that Sarah's pops was Winston Churchill. And I hope I don't have to mention to them that he was a British prime minister who was pretty important.

January 16, 2008

No justice for the Lopez family

Rick's got a nice piece today about the sad, senseless death of Kevin Lopez. This isn't a courts issue, per se, but it got me thinking. Here's the set-up:


The 23-year-old musician with a wicked sense of humor was killed in the early morning hours of Oct. 20 after agreeing to meet friends outside the home he shared with his wife, Jennifer, and his then-13-month-old son.

Lopez, who worked the swing shift processing checks at a bank, arrived at his Omelveny Avenue home Oct. 19 about 11:30 p.m.

His wife was already in bed when he gave her a kiss before unwinding for the night by playing video games and watching TV. Later, he settled in for a night's sleep.

Then his phone rang.

His best friend, back from a night of partying with a couple of buddies at Universal CityWalk, wanted Lopez to come outside and shoot the breeze.

"I heard him say, `OK, I'll come outside for a little while,"' said Jennifer Lopez, 23.

"I said, `You're going outside now?"'

She checked the time: 3:20 a.m.

Within 25 minutes, Lopez was dead - shot by a Latino man in a passing car as he sat in the back seat of an SUV - a shooting that's considered gang-related because of how it occurred, not because Lopez has any gang affiliation, police said.

"When I heard the shots, I picked up my phone and was calling him over and over and he wouldn't pick up his phone," his widow said.

Heartbreaking, huh? No surprise there, as Rick's an excellent writer. Here's the justice angle that I'll use to justify my blog: why aren't we more outraged every time someone like Mr. Lopez gets shot? Where are the news crews, the breathless pundits talking about reclaiming our streets? Until today, Mr. Lopez got no more than a brief (if that) and an online post at The Homicide Report.

I'm not the first to say this. Miles Corwin, the ex-Times writer-turned-author picked up on it in his story on Ms. Leovy and her excellent work for the Homicide Report, in an LA Magazine story last month (I'd link to it, but their Web site's not loading properly on my computer and don't want to send y'all off into nothing). Mr. Corwin quoted no less an authority than Raymond Chandler, who was taking note way back in "Farewell, My Lovely," 68 years ago.

The disparity between the media (us included) coverage when a murder occurs in an affluent community like Calabasas and in Pacoima is huge. Gang-related killings like Mr. Lopez, even though he wasn't involved in gangs himself, end up on A3, or in the briefs file, but when they show up in the rich part of town, it's A1, top of the fold, followed the next day and screamed across the top of every newscast.

Or, as I was rambling about earlier, if it involves someone famous, no matter how minor the crime or the celebrity, then it's REALLY a priority.

There's always ways that news organizations justify this -- homicide rates are higher in poor communities, so it's less surprising when someone gets killed. Or they say, we've got limited resources, we can't devote coverage to bloodshed and depressing news off on the fringes of our coverage zone.

This used to aggravate me to no end when I worked the weekend shift. Invariably, there'd be a report of a dead body in Palmdale, but the deputies wouldn't want to talk until homicide got there. We couldn't send anyone, since we had one reporter to cover from Simi Valley to Lancaster, so we'd have to do it all by phone. Homicide wouldn't return the call, there'd be no info by evening deadline, and another killing turn into "authorities are investigating a dead body far away."

There's always a reason why these things don't get covered, some legitimate, some just lame excuses. I've been guilty of both the good and bad excuses, but that doesn't make it right. I hope, through this blog and the stories I'm able to cover, to make some amends for that. I'll probably still slip up, too, but I'll do my best to tell the stories of people like Mr. Lopez, who died for no good reason, alongside the glitz and the glamor.

Broke Blake doesn't want to pay $30 mil.

Hey, remember a guy named Robert Blake? Used to be an actor? In the eyes of the law, he's not a criminal, since he was acquitted in 2005 on a murder charge in the death of his wife, Bonny Lee Bakley. But he is liable, on the civil side, for 30 million smackers, since a jury found him liable for her 2001 death from gunshots outside a Studio City restaurant.

Well, Bobby B. was back in court -- or at least his lawyer was -- on Tuesday, arguing that the jury sucked and thus he shouldn't have to pay. If I were on the hook for that much dough, I think I'd try the same thing. The Bakley family, understandably, sees things a little differently.

Bakley family lawyer Eric Dubin responded that while the jury may have committed some minor errors, the verdict should stand. "Either you're going to trust the system or you're not. These jurors were good people. They worked hard."

It's probably a fairly academic argument, since Blake has consistently claimed to have no dough to speak of since he got out of jail. Still, the family wants some sort of economic justice, and he's probably got some residuals from his "Baretta" and "In Cold Blood" days, so they're not going to roll over.

And, since we're on the subject, I thought I'd drag out an old story I wrote in my business section days that I thought was kinda funny. Given the trashy subject, I tried to give it a tabloid treatment and probably had way too much fun with the whole thing. Happy reading...


Originally published October 15, 2005

STUDIO CITY - Robert Blake's supposed ``hush-hush and very confidential'' deal to buy the landmark Vitello's Italian restaurant, is neither, nor does it even exist.

The National Enquirer claimed this week that the controversial actor, acquitted of murdering his wife Bonny Lee Bakley earlier this year but still facing a civil suit by her heirs, had bought the old neighborhood joint, which both sells a dish that bears his name and was the site of her final meal. The Mike Walker gossip column broke the supposed news, which then filtered into various talk shows and TV outlets.
The only trouble: It ain't true. Customers are aghast, lawyers are pointing fingers and the restaurant's actual owner, Matt Epstein, is hopping mad.

``They're not true statements!'' Epstein confides, using decidedly non- hush-hush tones. ``As far as I know, I own the place. C'mon, basic journalism, verify the facts! All they had to do was pick up the phone and call me. There's no one buying the place.''

Walker's column predicted that the sale would make the storied restaurant ``hotter than a $2 pistol'' and serve as the centerpiece for a reality show and tourist spot.

The longtime proprietors, the Restivo brothers, retired and sold to Epstein, a real estate broker, six months ago. He declined to share the sale price, other than noting it was ``a lot of money'' for both the restaurant and the land.

On Friday, Epstein's lawyer sent a letter to American Media Inc., publisher of the tabloid, demanding that the story be retracted. Though Epstein says he doesn't like lawsuits, the letter threatens ``all necessary actions to protect our clients' property.''

Another source close to Blake, who demanded anonymity to protect their relationship, snickered when told of the report. And the tempestuous actor, who favors fusilli mixed with garlic, spinach and tomatoes, is reportedly too broke to buy a restaurant.

``I have no idea where the National Enquirer would have gotten that idea, but then again, I don't have any idea where they get any of their so-called news,'' said Peter Ezzell, Blake's attorney in the civil case being heard in Los Angeles Superior Court in Burbank. ``He doesn't have the funds to do it even if he wanted. We're running on empty now, so the last month of this trial will be my pro bono work for the year.''

Representatives of American Media Inc. did not return several calls seeking comment.

Old court case brings no muck

When you're a newspaper dork, stuff like this is pure gold. I ran across this on The Daily Mirror, a scan of the Los Angeles Daily Times from, egads, 100 years ago. I can't copy the text, but if you click here, you can see the whole thing.

Here's what I love-- the banner headline basically tells ya that the story to come is going to be boring.

"No muck for mob at Corwell trial," it reads, followed with a subhed saying "Another of the Eyewitnesses to the killing of Bennett, Gives Details that Fail to Excite Morbid Gathering at the Trial."

And the story continues in the same vein, leading with "To the bitter disappointment of a large crowd of men and women there were no suggestions of indecent detail in the Corwell murder trial yesterday."

That sounds pretty much like court reporting a century later. Some days you get these crazy, unbelievable moments -- a few weeks back, before I started the blog, I heard the defendant in People vs. Mark Allen Steffen calmly describe about how he kept his dead girlfriend's body in a shed while he invited his new squeeze over for a barbecue.

But most of the time, as the unknown reporter found out in the Corwell trial, it's just sitting around, listening to procedural testimony. So you look for whatever details you can find, such as this delicious line, "Mrs. Welch, the mother of the accused, is a splenid type of Spanish woman, who suffers tortures with a cold, haughty pride."

I'm guessing they meant "splendid," but the mind still wonders what the hell that all means. Whatever the case, I hope that if I'm ever the defendant rather than the courtroom observer, that I can suffer my torture with my cold, haughty pride intact.

IRS not going to the dogs

I've heard plenty of ways to try to fend off the Internal Revenue Service, but this gambit is a pretty novel one.

According to our friends at City News Service, Lisa Hriczo Blechman, 46, of somewhere in the Santa Clarita Valley, wasn't happy when the IRS came knocking to serve a summons on her husband on Oct. 30. After the agent endured a hail of cursewords and left the summons taped to the door, Blechman dispatched her dogs, described as a Dalmatian and "an old, arthritic dog having surgery" to emphasize her displeasure.

On Monday, Blechman pleaded guilty to a misdemeanor charge of assaulting a federal officer. She'll be back in court on March 31 to receive her sentence, which could be as much as a $100,000 fine and a year in jail. And she'll never hear "Who Let the Dogs Out?" the same way again.

January 15, 2008

Jailhouse rock helps man get 29 to life in deputy killing

Justin Ashley Flint will be spending the next few decades in custody of the state for his role in the shooting death of off-duty sheriff's deputy Maria Cecilia Rosa.

Here's the best, and stupidest detail:

Jurors heard videotapes and listened to audiotapes of Flint in jail -- with him singing "I Shot The Sheriff" and wondering aloud why "the bitch" didn't "give up" the wallet.

Now I'm a Bob Marley fan, as well, but that was not a wise choice of songs, Justin. But you'll have plenty of time to think that one over in coming years....

Boyfriend beat-ups and Britney, again

Ms. Banks from our downtown competitor has a nice column today. She revisits the Monica Thomas-Harris murder by taking a walk around the courthouse to see how people take a legal stand against abuse through temporary restraining orders. As both the Thomas-Harris and our own Paul Wesley Baker cases illustrate, these TROs don't always mean much, but they're often enough to fend off unwanted attention.

And, since there's not enough Spears coverage out there, Ms. Banks ran into the Britney scene upstairs. Britney didn't show, but the tabloid hounds did. Banks cut through all the nonsense and picked up on the real story, about a woman named Consuelo who was trying to keep her boyfriend away from her kids. It's a nice piece.


I thought about what it took for Consuelo to make it into that courtroom alone -- without security, an attorney, a driver or bodyguard -- and to stand up to an angry man who accused her of lying.

Her life was being upended in that courtroom. But she never flinched. She left, alone and stone-faced, to retrieve her protective restraining order.

I realized that on this morning at least, what I saw on the second floor didn't merit an onslaught of paparazzi. And it wasn't so much about stopping bullets, but about standing up with courage against abuse.

TV Judge gets to hang with the real thing

Mr. Savage in the Times has had a couple interesting pieces about "Judge Alex," the nom de TV of Alex E. Ferrer. The former Florida judge came out to Hollywood with dreams of being a television star, hooked up with a lawyer named Arnold M. Preston. The two fell out, now it's in front of a slightly higher authority: The Supreme Court. Things aren't looking so hot for Judge Alex.

Day 1.
Day 2.

Cooley set to roll in dough

Our ace county reporter, Troy Anderson, reports today that DA Steve Cooley is in for a nice payday:

The proposed salary of $292,300 for District Attorney Steve Cooley would be far higher than the salary of the highest-paid federal judge, U.S. Supreme Court Chief Justice John Roberts, who brings home $212,100 a year.
[snip]
Under the county's new pay raise system, department heads are evaluated and the chief executive officer recommends a merit raise for board approval each October.

They also receive an annual cost-of-living adjustment tied to the raises employee unions negotiate. Among elected officials, the district attorney, sheriff and assessor receive a cost-of-living increase each year based on the consumer price index.

Lynn Vodden, director of Cooley's Bureau of Management and Budget, said her office worked with Fujioka on the recommendation to increase the district attorney's salary because the ordinance setting the salary has not been adjusted since 1999.

"Since the salary had not been adjusted since 1999 and a new management appraisal plan was instituted by the CEO and approved by the Board of Supervisors, the salary of the district attorney without adjustment would fall out of step with that of other county managers," Vodden said.

In a letter to the supervisors, Fujioka said he also plans to recommend raises for Sheriff Lee Baca, who now makes $268,153, up 10 percent over three years ago, and Assessor Rick Auerbach, who makes $180,134, up 10 percent since 2004.

Ahh, if I'd only gone to law school. And, as an update from today, the supes did indeed approve the raise, upping Cooley's pay $55,000.

Justice: not blind and not poor

I will concede that I missed this one, which was working its way through the courts before I took over the beat. We ran this AP story yesterday about a guy whose case got torpedoed, not because of anything he did, but because of justices' financial holdings and their desire to avoid impropriety.


SAN FRANCISCO - Braxton Berkley had a well-paying assembly line job at Lockheed Martin's famed Skunk Works factory in Burbank. He took pride in contributing to the national defense effort at the height of the Cold War, building F-117 Nighthawks, SR71 Blackbirds and other top secret planes for the military.

But he alleged that the chemicals he and his colleagues used to degrease parts and wash their hands eventually made the workers sick. Berkley was among hundreds who sued Lockheed and the firms that supplied the chemicals, including some of the world's biggest oil companies. The cases began going to trial a decade ago in groups of about a dozen each.

But Berkley's case ended abruptly, and in a most unusual way.

In November, the California Supreme Court dismissed his appeal after initially agreeing to hear it. The court's decision was based not on its legal merits, but because four of the seven justices controlled stock in oil companies that provided some of the solvents at issue, such as acetone.

The court's action - or inaction - has been the talk of the appellate bar since November, leaving lawyers on both sides in disbelief and law professors scratching their heads for a precedent.

"It's an odd one," said Santa Clara University law professor Gerald Uelmen.

That's little consolation to Berkley and his former co-workers, who have ping-ponged through the court system in pursuit of a multimillion-dollar verdict. Now, even their lawyers concede the case is dead and that a lower court's procedural ruling against them stands.

"It's unfair and I am very disgusted with the courts," said Berkley, now a minister in Pacoima. He suffers from diabetes and arthritis that he says were caused by the chemicals.

"A lot of my friends died because of the toxic chemicals we handled," he said. "I am very disappointed and I don't know why they would do something like that."

It's pretty jacked, to use a non-legal, but perfectly applicable term. The judges appear to be trying to do the right thing, because it would clearly be wrong for them to rule on a case that they've got financial stakes in. But that right thing must feel pretty wrong to Mr. Berkley, who's out of luck as a result of their attempt to remain above board.

Blood and guts on screen prevent blood and guts in the street

better_tomorow_1.jpg

I heard this on NPR.org this weekend and got a big kick out of it. According to this study by Prof. Gordon Dahl of UCSD, violent movies drive down crime. How, you ask?

The theory goes something like this: Young men tend to commit most of the violent crime, often because they're out, getting drunk and getting into arguments with other dudes. But when they're parked in the movie theater, watching other young men pretend to shoot each other, they're less likely to scrap afterward. Prof. Dahl and his co-author, Stefano DellaVigna, say this accounts for 52,000 fewer assaults each year.

The New York Times picked this up, as well. Peter S. Goodman writes it up like this:

Young men are the most likely to commit violent crimes. In opting to see a movie — even one featuring, say, gang rape or chain-saw amputation — they forgo activities that have a greater tendency to encourage mayhem, like drinking and drug use.

“Economics is about choice,” Professor Dahl said. “What would these people have done if they had not chosen to go and see a movie? Whatever they would have done would have had a greater tendency to involve alcohol. If you can incapacitate a large group of potentially violent people, that’s a good thing.”"

Interesting stuff. You usually see people railing against The Sopranos and American Me, saying they incite violence. If Dahl and DellaVigna are correct, maybe A Better Tomorrow could really give us a better tomorrow.

January 14, 2008

Back in court with Paul Wesley Baker

I had a free morning today, so I dropped into Dept. V at Van Nuys Superior Court to get a little more testimony in the Paul Wesley Baker case. Mr. Baker's ex-drug buddy, Juan Calhoun, was on the stand, under cross-examination from the defendant's private attorney, Norman H. Kallen.

Calhoun, a large, shaven-headed man with a Fu Manchu mustache and three years of sobriety, was very calm as he testified about his short-time roommate, Baker. The two were crashing at a Motel 6 the night Baker allegedly raped and killed his girlfriend, Judy Palmer. Calhoun said he'd done crack with Baker before, but that he'd since kicked the habit.

Kallen, much more aggressive than he was when Palmer's daughter testified earlier, tried to highlight gaps in Calhoun's recollection and problems with his memory. Lots of the talk centered around a particularly obscene phrase Calhoun said Baker used to describe his evening's activities with Palmer the night he allegedly killed her.

"He said he went and beat the p---- out of her," Calhoun testified (note-- he's using a strong vaginal euphemism here).
"That's a slang term, right?" Kallen replied. "A term people use to say they had sex with someone?"
"Yes, sir," Calhoun responded.
"It doesn't mean that they beat them up?" Kallen continued.
"No, sir," Calhoun said.

After congratulating the witness on getting off heroin, Kallen brought up the man's drug use numerous times and tried to emphasize discrepancies between Calhoun's earlier statements about scratches he'd seen on Baker's face on the alleged night of the murder. Calhoun admitted there were gaps in his memory, but remained steadfast in his recollection of the particular euphemism.

"Sir, with the amount of drugs you've consumed in your lifetime, is there a chance it's affected your memory?" Kallen asked.
"Yes, I'd say that's a possibility," Calhoun allowed.

The trial could drag on several months, so we'll see if the jury buys what Calhoun had to say, or whether other testimony will supplant it altogether.

Court: Britney ain't a good mom.

The Superior Court of California, Los Angeles County, with great legal wisdom, affirmed what folks down at the 7-Eleven magazine rack have been saying for weeks. Britney Spears, pop star, actress and legal trainwreck is a bad mom. Our friends at the Associated Press put the incomparable Linda Deutsch, its special correspondent and court guru, on the case. Here's what she had to say:


LOS ANGELES — A Superior Court commissioner decided Monday to keep in effect an earlier order suspending Britney Spears’ right to visit her two sons and keeping them in ex-husband Kevin Federline’s custody.
The ruling by Commissioner Scott Gordon came after a full day of testimony on a bizarre incident earlier this month in which police had Spears taken to a hospital after a standoff in her home when she refused to return the children to Federline.
Gordon scheduled another hearing for Feb. 19.

On the other end of the spectrum, the slightly less esteemed TMZ tells us that Ms. Spears has a bit of a profanity problem. My colleague Greg Hernandez weighs in, as well.

Britney and her other famous lawbreaking pals always present a struggle for a reporter/blogger. The Times wrestled with it publicly here, just as the AP did here (thanks to LA Observed for the links on both).

One of my editors referred to it as a cake/vegetables dilemma. We all know people like cake (tabloid stories about trashy celebrities), but how do we slip in some veggies (examining the failings of the legal system and the role fame plays in our culture) along with it.

Part of me says, forget about the famous, focus on the real people. But on the other hand, people are clearly interested in this stuff, so I can't ignore it. I guess, to clumsily adapt the analogy, that I'll try to offer you an odd hybrid of cake and vegetables. So enjoy your carrot cake/zucchini muffins and come on back for more.

January 10, 2008

Your honor, may I please cuss the jury out?

When court's in session, it's a very formal affair. You've got a judge up in a flowing, black robe, who must be called "your honor." There are all these arcane rules, procedures and terms that all the players are tossing around throughout the proceedings.

And, in the middle of all that, there's a surprising amount of cussin'. Or, if not an outright curse, certainly plenty of things you wouldn't say in polite company.

On my very first time in court, as a juror on a child molestation case, I remember a public defender questioning a young witness about whether she'd "developed." The young woman didn't understand what she meant, so the PD tried posing it again, three or four times, before giving up on her attempts to be diplomatic.

"Did you have boobs at the time?" she asked.

The witness, as well as several spectators, broke out with a case of the giggles.

In the recent trials I've started covering, the courtroom has gone considerably more blue. This presents many unintentionally light moments amid otherwise heavy testimony, when you have eloquent attorneys pausing, clearing their throats and making finger quotes in the air as they relate that someone said the defendant was "a f--ing a------."

Last week, in The People vs. Williamson and Williamson, defense attorney Milton Grimes was cross-examining Arnoldo Ostorga, a friend of Filemon Ramos, the victim. Grimes, an immaculately dressed, lively presence in the courtroom, was quite interested in a mutual display of the middle finger between the victim's family and the accused, Alvaro Williamson. The two sides allegedly flipped each other off in the incident that led to Ramos' untimely death in front of his Arleta home.

"I flip the old-fashioned way, with that middle finger up in the air," Grimes said, flashing the gesture. "But you showed us something different."
"I haven't done it," Ostorga said.
"Could you show me?" Grimes asked.

Ostorga offered a little embarrassed grin, looked around as if asking permission, then sheepishly flipped off the jury.

"Would you like to describe it?" Judge Ronald S. Coen asked Grimes.

"You do it the old-fashioned way, too," Grimes proclaimed.

That moment of levity aside, Ostorga stowed the digit in question, then went back to describing how the accused shot his friend in the head.

Michelle Rodriguez not "Lost" in jail

This happens every few weeks or so-- a famous person does something crazy, gets arrested, serves a tiny bit of time in jail, then hits the road. Read on for AP's take on the latest.

LOS ANGELES — Former “Lost” star Michelle Rodriguez has found her way out of jail.
Rodriguez was released from a Los Angeles County women’s jail in Lynwood on Wednesday after serving 18 days of a 180-day sentence for violating probation in a drunken driving case, authorities said.
She was released early under a program that deals with jail overcrowding by allowing nonviolent female inmates to serve as little as 10 percent of their sentence.
The same thing happened two years ago when Rodriguez served just one day of a 60-day jail sentence for probation violation.
As many as 50 women a day are released early, sheriff’s spokesman Steve Whitmore said.
“She was treated the same way we do with all females because of the extent of overcrowding,” he said.
Rodriguez was sentenced in October for failing to prove she had done community service and for drinking while wearing an alcohol monitoring device.
The judge who sentenced Rodriguez ordered that she serve the entire sentence. The judge was consulted about the early release but the Sheriff’s Department had the final say when jail safety was involved, Whitmore said.
“The sheriff supports, obviously, the desire to have inmates serve their full sentence,” but the county has only one women’s jail and it is “bursting at the seams,” Whitmore said.
Rodriguez was on probation after pleading no contest to drunken driving, hit-and-run and driving on a suspended license in connection with two Hollywood incidents in 2003.
While still on probation, she spent five days in a Hawaii jail in 2005 after pleading guilty to drunken driving there, which led to her one-day jail term in Los Angeles for probation violation.
Rodriguez appeared in one season of ABC’s “Lost.” Her film credits include “The Fast and The Furious,” “Blue Crush” and “Girlfight.”

The cycle of response is pretty predictable, as well. Whether it's Paris Hilton, Nicole Richie or Ms. Rodriguez, folks get all huffy and proclaim that the stars get special treatment that allows them to saunter in and out of jail without any real consequence.

In Rodriguez's case, the number of repeat offenses might suggest she's not learning a whole lot from her brief trips to the pokey. But the real problem, as Whitmore points out, is that the jail system (and the justice system as a whole) is overloaded with malefactors. I saw a woman get arrested over the summer on suspicion of dealing drugs stored mere feet from her baby's crib, but since the women's jail was overbooked, she was released on her own recognizance. And, big surprise, she didn't show up for court on time, so the cops had to go find her, further overburdening the system.

So while MRod's now out again, less than three weeks into her six-month sentence, it's not a question that celebrities get a free pass. It's that the whole system's screwed up -- and a long way from getting better.

Remaining half of TomKat extortion team sentenced

I ran across this one on Dailynews.com this morning...

A West Hollywood man who pleaded guilty to attempting to extort $1.3 million from Tom Cruise in exchange for copies of stolen wedding photographs of the actor and his wife, actress Katie Holmes, is set to be sentenced today.

Marc Lewis Gittleman, a 34-year-old computer technician, pleaded guilty on Sept. 21 to a one-count criminal information alleging interstate transportation of stolen property. He is scheduled to be sentenced this afternoon by U.S. District Judge George King and could spend time in federal prison.

According to court documents, Gittleman kept copies of the photos after obtaining them from a damaged hard drive brought into his workplace by a photographer.

tomkat.jpg

If you recall, The Smoking Gun broke this earlier this year. Gittleman was hooked up with a dude by the name of Hans David Schmidt, a purveyor of celebrity nudie pics to tabloids and skin mags. Schmidt, known as "The Sultan of Sleaze" got caught trying to shake down Maverick and Joey, or Mr. and Mrs. Cruise, as they're also known.

After he pleaded guilty to to transmitting threatening communications with intent to extort, Schmidt skipped his sentence by committing suicide in his condo.

The whole thing was, to put it mildly, profoundly weird.

January 9, 2008

Court confusion leads to victim's death

In November, a guy named Curtis Harris, known to his friends as "Keno," grabbed his estranged wife, Monica Thomas-Harris, took her to a hotel and handcuffed her to the furniture. Somehow, they worked it out. A couple days later, he showed up to at her job, got her into his car and bound her with duct tape. Then he threatened her with a stun gun.

She took him to court, he got arrested and copped a plea: 16 months in the pen. Before he reported for his sentence, a judge let Keno out on his own recognizance on Dec. 21 to take care of his unfinished business. Tragically, that unfinished business included killing his wife. He allegedly shot her in Whittier on Sunday, then killed himself.

According to the Times and Whittier Daily News, there were a lot of irregularities in the deal. The lead deputy DA was on vacation, so Deputy Dist. Atty. Samer Hathout sat in. The case judge was out, so Judge Tia Fisher approved the deal. She heard 43 other cases that day, court spokesman Alan Parachini told the Times, but the Harris release was a "carefully negotiated plea agreement."

Careful or not, the LA County Probation Department was not in favor of letting Keno walk, the Whittier Daily News/Daily Bulletin reports. It issued a report noting his prior criminal history, including discharging a firearm, a drug charge and Thomas-Harris' restraining order against him.

"The report was based on his criminal history and other factors," spokeswoman Kerri Webb told the paper.

Jackie Harris, Keno's mom told the Whittier DN that her son had been trying to work things out with the wife he allegedly murdered.

"He was a good man and he just snapped," the Chino woman told the paper. "That's the only thing it could have been."

Now, DA Steve Cooley's office is looking into what happened and checking to see if its staff screwed up in OK-ing the released. Given the interest in this, it's likely there will be plenty of fingers pointed and not-my-faults. Given the vast number of cases the churn through the system every day, those not-my-faults may be perfectly legitimate. But a woman's dead and plenty of people will say they saw it coming. However it's resolved, the case will have a tragic end.

For more, here's the Times' full take, as well as an earlier post on The Homicide Report. The Whittier DN story's here.

The blog will now come to order

Greetings, dear readers.

After a several month hiatus from blogging on It's a Crime, I'm back, feeding my online addiction covering courts and the justice system. As the little bio to your left says, this will be a big learning experience for me, and hopefully you, as well.

I've now covered parts of four trials, toured the DA's office in the criminal courts building (or CCB, as I've heard it called by people who are into acronyms) and begun settling in. It's not like you see on TV, witnesses rarely bellow "you can't handle the truth" and there's an awful lot of sitting around.

And it's downright fascinating.

I hope to use this to show you the other side of court, the part that doesn't make it into the stories for space or relevance reasons. The interesting details, the way the attorneys treat each other, the way the witnesses respond to questioning, the unusual scenes around the courthouses, which are big, vibrant, fascinating and sterile places all at the same time.

Happy reading,
Brent

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