UPDATE 5/24:An earlier version of this story included the first names of two family members of the defendant. They have been removed at the request of the defendant's family. 
It is not known if anyone went to authorities about the stalking or who notified authorities about the murder for hire plot. Sprocket.
April 18, 2014
You may have heard about the Dawn DaLuise case that unfolded in early March 2014.

DaLuise, a skin care specialist and owner of Dawn DaLuise Skin Refinery in West Hollywood, California. DaLuise who catered to celebrities and had been featured in several magazines, including Vanity Fair, was arrested March 5th by the LA County Sheriff's Fraud & Cyber Crimes Bureau. She's charged with 'murder for hire' of Gabriel Suarez, a competitor who in 2013, opened up his skin care business, "Smooth Cheeks" in the same building (8543 Santa Monica Blvd.) as DaLuise.

I heard about the case about a week after the arrest from a long time girlfriend (I'll call her 'Pat,' not her real name), who was a client of DaLuise. Pat relayed the story much as it was explained in the LA Times and a segment of the ABC 20/20 episode that aired April 11th.  A witness, Edward Feinstein, is alleged to be the individual who did the actual stalking of DaLuise. He is out on $150,000.00 bail.

According to Pat, DaLuise told her that someone was stalking her. The stalker had taken out suggestive, rape fantasy ads on Craigslist with DaLuise's photo, phone number and home address.

Pat was in shock that DaLuise was arrested and the fact that her bail was one million dollars. I explained that the high bail amount is the standard minimum whenever there is a murder or attempted murder charge against a defendant.  The fact that DaLuise was still in jail only meant that she has not been able to make her bond yet, not evidence of her guilt.


I checked the LA County Sheriff's inmate locator web site and discovered DaLuise's case was filed at the Airport Courthouse.  This courthouse, which opened in February 2000, is a relatively new building, as far as court buildings for LA County go. I had never been there, so I thought it would be a good opportunity to see the building and sit in on DaLuise's hearing.

Getting to the Airport Courthouse required leaving the house almost an hour earlier than when I leave for downtown, so I don't hit any traffic on I-405. Once I found parking, I got breakfast in the Cafeteria. The security station on the main floor doesn't open until 8:00 AM. When I get in the security line, it's quite long. It has wound the length of the long lobby hallway three times. Fortunately, the line moves pretty quickly.

The Courthouse has nine floors and thirteen courtroom. At the end of the long lobby there are four glass elevators in a half circle, which are visible in the above photo. One of the elevators has a sign in front that states it's not in use.

When I get to the 8th floor, there’s a sign on Dept. E, Judge James R. Danby's court, that the courtroom is dark, and all calendar matters will be held in Dept. F, Judge Mark Windham’s courtroom.

A cameraman with a tripod is here with a thin, blond reporter with ABC 20/20. I don't recognize her but she remembers me. I met her at the Kelly Soo Park trial. She is kind enough to give me the correct spelling of the defense attorney, Philip Dube, with the Public Defender's office. 

The DA's case calendar indicates the prosecutor assigned to the case is Heather Steggell.

There are less than a handful of people in the beautiful glass and tile building.  The floor tiles are an alternating pattern of off white and black & green squares surrounded by cream rectangular pieces. The walls are tiled using the same colors in large 12x24 inch tiles.

A red haired woman wearing a leopard print blouse walks down to this wing and checks the door on Dept. E. I'm checking our her red leather handbag. I say to her, "You here for Dawn?" She takes the cement bench beside me and replies that she is and asks me if I know Dawn. She is a friend. I tell her that I don't know her, that I'm an independent journalist.

The red haired friend gets up and hugs a pretty younger woman. She also greets a middle aged man. I hear her say the man's name. There are a few other supporters here. An older black woman that the younger woman hugs.  An eclectic group.  In the hallway, I chat with my friend Pat who tells me that this might be Dawn's ex-husband.

8:34 AM
The courtroom opens but no one heads inside. A suited gentleman with a badge walks by.

9:04 AM
I finally enter Dept. F and take a seat beside the blond reporter in the first row. She points out Dube to me. I continue to use my laptop in court since the judge is on the bench and no one has told me I have to close it. I see Dube head into the jail custody area to speak to his client but he comes back out quickly. There is a little window in the door to the jail area. The bailiff's desk is right in front of the door. It appears Dube might have a clerk with him, a very young looking man. No, I'm wrong.

9:13AM
The courtroom is not set up like a typical courtroom with the bench in the center of the back wall. This courtroom is different. The wood bench is a quarter circle in the back left corner. The back wall is wood paneling with a small State of California seal in the center, just like the ones I've seen on the lower floors of the downtown criminal court building.

The gallery seating are individual fold up seats with seat and back cushions. They're not bad. The fabric covering the seats is a muted blue with tiny lighter gray squares. All the courtroom decor is complimentary to the overall building design and colors.  The counsel seating in the well area is quite nice, too. All the chairs have a wood trim across the high backs. You can see one of the chairs in the photo of DaLuise.

The four people here for DaLuise are on the other side of the courtroom and a row or two back. From left to right they are, the black woman, the young woman, the possible ex-husband and then the red headed friend.

The ABC and I both wonder if the young woman in court is one of DaLuise's two daughters. DaLuise has posted photos of her daughters, as well as their names and ages on her Twitter account. I can't tell from where I'm sitting if it is one of her daughter's in the gallery, but it's a good bet.

9:16 AM 
Judge Mark Windham comes out and takes the bench. He's wearing glasses. The bailiff asks everyone to stand. Court is now in session.

The walls that divide the well from the gallery are much higher than the downtown courtrooms. My laptop can't be seen from the bench and the bailiff doesn't ask me to close it.

Another case is heard first. It's put over over till tomorrow. A second case heard. The ABC reporter tells me that Mr. Dube is not in the courtroom at the moment. Counsel come and go. There are about five DA’s in the well and three defense attorneys.

Second defendat is brought out.  It's a death penalty case. It's put over for another date. The people don’t oppose a continuance.  Time is waived continued to May 2.

Third defendant brought out from custody. This is a sentencing. Appears that circumstances were, for the defendant to pay certain amount of victim restitution or sentenced to180 days in jail. Caltrans on probabtion violation paid part of it. There are some reports missing but the defense attorney says they have a plea transcript. There is no probation report. The defense attorney waives that. Grand theft. Probation for three years. Defendant to serve 180 days in LA County jail. The defendant's good time credits are outlined. 100 days credit against 180 days. Restitution $2,157.00. The defendant paid $1,000.00 last November 12. The court (claimed? indicated?) on February 25, the defendant paid $500.00 more. The defense attorney states his client did not pay that. The parties are working out the specifics. The people agree.

I look on over at the jury box. There appear to be 14 or 15 seats in three rows.

A fourth case is called that requires a Spanish language interpreter. It's a 3 count arraignment. Defendant pleads not guilty and denying all special allegations.  The cameraman sets up his camera in the jury box.

9:30 AM
A fifth case is called. The defense and people state their names for the record. The DDA is Ms. Walker. There are new occurrences.  The interpreter returns to her seat in the jury box, first row.

I note there are some beautiful tall wood file cabinets against the wall right beside the jury box, with a few plants on top. The California State flag and US flag are on poles on each side the State of California seal. The witness box sits in between the flags and under the state seal. This is where one would normally find the judge's bench.  The court reporter's desk is directly in front of the witness box.

A sixth case is called. I can't pronounce the defendant's name. He's wearing the LA County jail's new pale, lime green jumpsuit. There is an admission the defendant violated his probation.

9:36 AM
The youngish looking man that was speaking to Dube is Matthew A. King, an attorney with the State of California, Dept. of Justice, Office of the Attorney General. He is here to plead to the court to have DaLuise's Esthetician License put on hold/ revoked pending the outcome of the trial.

Earlier I saw the young woman that might be one of the defendant's daughters leave the courtroom for a time. Now she's back.  She comes over to the ABC reporter sitting next to me. She confirms the reporter's name. She introduces herself. She say's her name. It is one of DaLuise's daughters. She hands the ABC reporter a subpoena.

The reporter doesn't understand why she is being subpoenaed. This probably has something to do with the ABC 20/20 segment. I tell my reporter friend to contact her legal department as soon as possible. I'm surprised the reporter was served in open court, while the judge was on the bench. I've never seen that before. I thought it couldn't be done while court was in session, or even inside a courtroom but another reporter friend tells me it's legal.

9:55 AM
Mr. Dube enters the courtroom and then goes back to the custody holding area again.

I note that the clerk's desk is against the left side wall, directly beside the judge's desk. I'm trying to describe the side walls but it's difficult. They look like 2 feet by six feet, fabric covered panels in an off white color. They have a bit of a three dimension to them. From far away, they look like stone. There is a large sign on the side wall over the jury box, identifying the seat numbers.

Judge Windham stays on bench inbetween cases. He doesn’t go back in chambers when there is a lull in the courtroom.

10:15 AM
My laptop battery ran low so I had to switch to hand written notes.
More cases are called, but not DaLuise. It looks like there is a DDA permanently assigned to this courtroom to handle cases.

10:23 AM
Judge Windham asks if they are ready for DaLuise. DaLuise is brought out and her case is called. Judge Windham goes on the record.

Mr. King from the State of California. He's talking about protective orders. If the defendant makes bail, I believe King is asking for conditions be set on her bail that she not be allowed to practice. Dr. Conrad Murray's right to practice medicine in California was suspended pending the outcome of his involuntary murder trial. I will be surprised if the judge doesn't grant the State's request.

The prosecutor is not here at the moment. The DA assigned is in trial ... the defense waived time previously. The DA arrives. She is in trial in Dept. C.  I believe she tells the court that's scheduled to last through May 9th.

Judge Windham sets a date of May 12th for the prelim. That date is fine for the prosecution but the defense is in trial on that date.

I see that DaLuise has her right hand on her face, her elbow resting on the arm of her chair.

The judge goes over the defendants rights. The defendant has two rights, three really and prelim may not be unduly (violated?). There is a 10 day right then a 60 day right. These were waived for further investigation and discovery.  Further, there would be the right of reasonableness.

It appears the case may be continued without some other statute providing the defendant not waived the 10/60 rights.

DaLuise turns around to look at the gallery.  Judge Windham asks about a date of May 19th. Both parties agree. The court clock will be set at zero of 10 on that date. The case will be continued to that date.

I have in my notes Judge Windham, citation for People v. (Love?).

The people request a protective order for Garbiel Suarez, Elaine Suarez, Maria Suarez and Angel Suarez. I believe that's granted.  Judge asks to hear from Mr. King. King filed a motion on revoking the defendant's license to practice.

I have in my notes that (Pub?) cannot represent her on this motion. Judge Windham states, "As I understand ... the Attorney General may intervene in a case." It's not clear in my notes who says "... I'm not acting as a licensing agency..."

I believe Judge Windham continues, "... as a condition of bail, is a legitimate concern. ... Were this a purley civil issue, I'd understand ... concern. ... The way the Attorney General described ... is described in broad terms."

I believe DaLuise's defense attorney argues that this is a matter of bail and probation ...

There's more argument back and forth I believe, between the court and Mr. Dube. Judge Windham states, "I'm not going to consier limiting it in any other way. ... completely within bailwick as condition of bail. ... to protect the general public."

She occupies a position of great public trust.  Liken this to Prop 9.  (Victims?)  I see state of intervention in bail issue for purpose.  I'm not going to delay hearing and order to submit.

I believe Mr. Dube continues his arguments.

In setting bail, not aware of any condition to allow court to factor in employment. ... We are pre conviction. ... To strip her pre conviction is to consider her guilty. ... It will bar her from earning a living.

Mr. King states, purpose of setting bail is to protect the public.  I believe King brings up people v. Gray. The court can exercise that power and set as a condition of bail, suspension of practice or less (constrictive?) conditions of bail.  ... The prosecution alleges that defendant solicited murder against another Esthetician. ... Condition of bail ... she should be suspended from practice.

Judge Windham thinks his authority is clear to set a limit if bail is met.

This right is protected by preliminary hearing. If defendant should not be held to answer, then the issue is moot.

Mr. Dube argues the standard of proof, is a lighter burden (at prelim). Standard of the prelim is probable cause.

This is all moot if she remains in custody.

Judge Windham rules. "I think the public should be protected. ... risk to public. ... Temporary suspension of her license. ... Feel it is appropriate."

The amount of bail stands. If she makes bail, she is not to practice cosmetology and obey the protective order.  I believe the court asks if there is any other discovery from the people.  The people respond, "At this point, no."

The defendant is taken back into custody. And that's it.  Next hearing is May 19. The date for the prelim will most likely be set on that date.

I wait in the hallway for Mr. King to exit so I can get his business card. After that, I make my way home.

Links
Dawn DaLuise Website (Appears to be suspended)
Dawn DaLuise on T.witter
Dawn DaLuise on Facebook

Mainstream Media Reports
03/07/14 LA Times - Skin care expert to stars charged with plotting to kill rival
03/07/14 TMZ - Ex Detroit Lions Player Suspected Hit Man in Murder for Hire Plot
03/12/14 ParkLaBreaNews - WeHo spa owner arrested in murder for hire plot
03/13/14 LA Times - West Hollywood skin care guru wanted to kill rival
03/1314 CBS4 - Witness Arrested for Cyber Stalking Rape Threat that Led to Murder for Hire Plot
03/14/14 People - Celeb Facialist Ordered Hit on Wrong Guy
04/11/14 ABC 20/20 Video Report

UPDATE 9:15 PM spelling, clarity
May 16th, 2014
8:05 AM
I'm downtown and the Clara Shortridge-Foltz Criminal Justice Center, also known as "CJC." I arrive on the 9th floor a few minutes after 8:00 AM. There are two hearings I'm hoping to attend today. Gargiulo's and Ka Pasasouk. I attended Pasasouk's preliminary hearing at the San Fernando Courthouse.

The lobby was quite empty, typical of a Friday.  In the elevator on my ride up was DDA Robert "Bobby" Grace.  DDA Grace who has prosecuted many high profile cases, was one of several DDA’s who ran for district attorney in 2012.

Investigator Chris Nicely sits down on the next bench over about a minute after I sat down. He’s wearing a sweater vest, check shirt and a heavy, gold banded watch. It’s a nice combination. I’ve been thinking about getting a watch to wear in court since I can’t have my phone visible when a judge is on the bench. My only hesitation is, I’ve never gotten used to wearing any type of jewelry or bracelets. I did occasionally wear watches in my bank auditing career but I usually lost them after wearing them for short periods.

There are little more than a handful of people on the entire floor.

It’s my understanding that the Ka Pasasouk hearing in Dept. 106, Judge Fidler’s court will be quick. It’s my guess that DDA Akemon will go there first before heading into Dept. 108.

8:21 AM
A few more people have arrived on the 9th floor, but they are mostly at the other end of the hall.  At this end it’s just me, Nicely and a suited gentleman sitting directly across the hall from me. The gentleman has his eyes closed, but he’s not asleep.

8:28 AM
Three male attorney’s with rolling carts arrive and stop in front of Dept. 105, Judge Bowers, Jr. courtroom. More people have arrived. They are standing in the center of the hallway, in front of Dept. 104.

I notice a new sign on the paneled wall between Dept. 107 & 108. It says “No talking or passing notes while court is in session.”  'No passing notes' is a new one.

A sharply dressed female attorney quickly comes down the hallway pulling a rolling cart and enters Dept. 105 right after it opens.

Down at the center of the hallway, I see DDA Grace arrive on the 9th floor. He probably went up to one of the DA's floors, before coming back to the 9th. He’s greeting several people. I see another female DDA with Grace greeting some members of the public. They are most likely family members on a case they are working together.  The woman is wearing a white jacket over a black dress with white dots. It sounds like DDA Beth Silverman, and I hear her introduce herself saying, "I'm Beth," but from where I'm sitting, I can’t tell if it’s her.  I need new glasses.

Everyone enters Dept. 104. I believe the hearing is for Chester Turner, a convicted serial killer who has been charged with four additional murders. That case has a hearing today and I know Silverman is one of the prosecutors. Former DDA Truc Do and DDA Grace were on the team that successfully prosecuted Turner for 13 murders.

8:38 AM
Nicely gets up and enters Dept. 108. DDA Akemon hasn’t arrived yet.  There are more people from the general public on the floor now. Another male attorney with a rolling cart enters Dept. 105.

LAPD Robbery-Homicide Detective Dan Myers who worked the Ka Pasasouk case arrives. Detective Myers also worked on the Stephanie Lazarus case. He was called as a defense witness. He testified that he recovered a gun in Lazarus' locker.

I greet Dan and he asks about the cases that I'm covering. I mention that my number one case is the Cameron Brown case and Gargiulo is right behind that.

Myers and DDA Akemon are on another case together, the Alberd Tersargyan case, which originally was one of former DDA Alan Jackson's old cases.  Tersargyan is charged with four counts of murder (he basically wiped out an entire family) and the case is being heard in Dept. 109, Judge Kennedy's court.

Alberd Tersargyan (who is Armenian and ex-military), is not the defendant's birth name. He apparently changed it when his visa expired around 2004 or 2005. In court, when Judge Kennedy addresses him, and in court filings he's charged under his real name, Albert Haroutunyan.

It's my understanding that Haroutunyan has developed quite a following/reputation among other detainees down at Men's Central Jail.

DDA Daniel Akemon and DDA Garrett Dameron arrive and greet Detective Myers.  Once the prosecution team arrives, I close up my laptop and take a seat in Dept. 108.

Inside Dept. 108, DDA Akemon is chatting with Gargiulo's investigators. I can't hear them, but I'm guessing that they are discussing what possible remedies Judge Ohta will make after his review of the Wilson hearing.

DDA Akemon tells me that the Gargiulo hearing will go first. Apparently, Judge Fidler is on vacation and Judge Ito will come down and preside over the hearing.  The Pasasouk case will be heard at 10 AM.

Inside Dept. 108, there are a pair of attorneys inside the well, chatting.  Judge Ohta's court reporter is at the clerks desk, on the phone. I look over at the tub of red vines on the clerk's counter. It's about two-thirds full now. At some point, another attorney, I think a DDA enters the well.

Detective Mark Lillienfeld arrives. Now the clerk is at her desk. Judge Ohta comes out from the back area and asks the three attorneys in the well if  they are ready.  The court reporter comes back out with her equipment.  Judge Ohta speaks to counsel off the record about sentencing in two other defendants. This is about changing a sentencing.

Judge Ohta goes on the record in the other case. The DDA is Sean Hassett. I've heard of him before, but I've never met him. DDA Hassett worked on the City of Bell corruption scandal.

The two defendants are not in the courtroom. The original sentencing was in 2003. The US Supreme Court over ruled the sentencing on one of the counts.  The case was appealed by the defendants. The court ordered bak to re sentence on count 2. Defense counsel waive appearances of defendants. (They are in prison.) Judge Ohta re sentences defendants on count 2. They were originally sentenced with the high term, 5 years on robbery. The US Supreme Ct ruled it should have been the middle term of 3 years.  This re sentencing will be a reduction in sentence for both defendants. The higher court ordered new sentencing but it was never carried out. Minute orders were sent to the Dept. of Corrections. And that's it.

While this re sentencing was going on, DDA's Akemon and Dameron are in the well, sitting in the seats in front of the jury box. Akemon appears to be reviewing some documents. Judge Ohta asks Akemon if the LA Co. Sheriff's counsel is coming.  Judge Ohta tells Akemon to ask him to be here. Akemon explains that it's not a counsel. It's a sworn deputy inside the jail. He's on his way from LA County jail. Akemon adds, 'He knows he's on notice." DDA Akemon leaves the courtroom to make the phone call.

Two additional sheriff's deputies arrive in anticipation of Gargiulo's hearing.  Now, Detectives Myers and Lillienfeld, and Akemon and Dameron are all chatting by the courtroom entrance doors.  The attractive, black female deputy with the three stripes arrives. Mr. Sprocket told me that three stripes usually indicates a rank of Sargent. According to the LA County Sheriff's Wikipedia entry, he's right. Another two deputies arrive. Now there are five deputies in the well. Several weapons are placed in the security box by the door.

Judge Ohta's bailiff chats with investigator Nicely. I believe he is explaining that they are waiting for Deputy Kennedy from the jail.  Since there is a delay, the deputies take their weapons back out of the black box and a few of the deputies leave.  Judge Ohta is back out of his robes.

9:30 AM
Defense attorney Charles Lindner (who is in trial next door) arrives. I don't know if the man with him is one of his sons or an associate. They chat with DDA Akemon and one of the detectives. Lindner was ordered to be here as standby counsel for the hearing. I believe Akemon leaves the courtroom for a moment.

9:47 AM
Deputy Kennedy arrives.  He's in uniform. Judge Ohta takes the bench. Judge Ohta is informed that DDA Akemon is on his way.  DDA Akemon arrives.  Off the record, Akemon, Filipiak and Nicely go over their calenders.

A balding, youngish looking man in a tan suit arrives. I've never seen him before. He looks like a detective or an officer out of uniform.

9:58 AM
Gargiulo is brought out. Filipiak and Nicely are at the defense table. Gargiulo looks like he has a bit of color in his face.  He's carrying a green satchel with files, papers.  Judge Ohta goes on the record with the review of the Wilson administrative hearing.

I believe Judge Ohta asks Gargiulo if there's something he needs. I believe he replies, "I'm just ready for argument's sake."  Judge Ohta starts off by asking Deputy Kennedy a few questions.

Garbiulo's pro per privileges were revoked.  His law library access. Access to get legal supplies, his pro per phone privileges.  Those are pretty much most privileges.  The defendant's pro per fund account is discussed and Judge Ohta asks why the sheriff's were able to take away the defendants pro per fund account?

Deputy Kennedy states that it was Officer (Hinds?) who conducted the hearing. He's not available today. Deputy Kennedy has to do this in his place.  Deputy Kennedy apparently is not sure exactly which specific privileges of Gargiulo's were revoked. Judge Ohta appears to be a bit irritated. He tells Kennedy, "I need clarity."  Deputy Kennedy leaves the courtroom to make a phone call. I'm guessing it's to get the correct information from Officer (Hinds?).

At the defense table, Gargiulo is asking the deputies for one hand free to file a motion. Apparently, when they handcuffed him to the chair, they kept his hands locked to the waist chain.  It's not in my notes, but I have a memory of the Sargent telling Gargiulo that he is a security risk. The deputies then free one of his hands so he can work with his papers and documents.  Three deputies stand and watch his every move.

A woman enters, speaks to the bailiff and sits in the front row for a moment.  We are waiting for Deputy Kennedy to come back.  Gargiulo is going through his papers. The bailiff sharpens a pencil for Gargiulo.  The woman who just entered leaves.

Deputy Kennedy returns. He tells Judge Ohta that two things have been restricted for Gargiulo.  No law library privileges. He will not be able to use the pro per phone system.  He is able to use the regular phone system.  Gargiulo is able to purchase legal supplies.  Searches of Mr. Gargiulo will be conducted (as in?) general population setting.

Gargiulo objects. He states he would like to call (a witness?).  Judge Ohta tells him that this is a review. It is not a hearing. Judge Oha states he does not have authority to change security at the jail. He continues, "I have a right to intervene in as far ... what I have seen ..."

Judge Ohta puts into the record the series of events as he understands them from the Wilson hearing documents. "... on that date on the way back ... you were searched. ... That a metal object was found that resembled a shank or key..."  I believe Gargiulo replies but I miss the statement. Judge Ohta continues, "Well, they are now saying your access ... your phone access ... you won't be able to do legal research in the law library. ... Based on what I read and based on their actions ... there are two violations ... two sections of the pro per rules. One, 8.42b ... jail (security?) ... Two, 8.42d, ... to not to infringe on the rights of others ... Because of that ..."

I believe Gargiulo objects. Judge Ohta replies, "So now you say you object?" I have in my notes that Gargiulo objects for argument sake.  He then starts to read from a hand written paper.

Gargiulo argues, "If ... any use of the object is pure speculation ... Did the defendant have the object during the use of pro per status ... Did the defendant use the object ... No, he did not. ... Did he use it against another defendant? ... No, he did not. ... Defendant did not use this small object. ... It could have been a sewing needle or to use as a small screwdriver to fix glasses ... Any use of this small, metal object is pure speculation. ... Request reinstatement of all privileges."

Judge Ohta asks Deputy Kennedy, "Do you wish to respond to any of that?" I believe Deputy Kennedy responds, "He was returning from court. ... The sheriff's don't have to wait for (something to happen?)"..."

Judge Ohta responds. "I've been a judge for a long time. ... I've handled several jail murders. ... Cases where inmates (?) ... The sheriff's don't have to wait until a violation happens before they take action. ... I've been put on notice that you previously made an attempt to escape [The El Monte jail event.] ... So there is a (connection? correlation?). ... The (concern?) .. is the restitution is whether there is evidence ... is substantiated. ... The US Supreme Ct, as it relates to security in jail ... those rights can be restricted upon ... as it relates to security. ... They cannot (punish?) but relate ... take actions to security. ... It appears to me ... that what the sheriff's have done, relates to security. The metal object could be used as a shank or key. ...  (Possession? Possibility?) ... of law library is remote. ... I do think that concern is real, in respect to the law library. ... You have more opportunity to engage with other inmates. ... I do think that the ... substantial evidence supports the action. ... The defendant has the ability to purchase legal supplies.  ... phone access is the same as other inmates."

The court modifies the pro per status.  Gargiulo states, "I do have about 30,000 papers. ... They've written a false claim ... They can come in at any time and search." Gargiulo then complains about the phone access being the same as other inmates. "Any other defendant can her me on the phone, talk to my defense experts, and the district attorney could have access to that."

Judge Ohta goes into great detail to explain to Gargiulo about wire taps and that the district attorney would not have access to his phone conversations.

Gargiulo continues to argue, "Other inmates can hear my conversations."  I believe Judge Ohta reminds Gargiulo that he was informed that once he went pro per, that there would be difficulties that he might face, by being in custody and pro per.  That's the situation of being in jail.

Judge Ohta continues, "Case law does say ... at this juncture, because I agree with the modification (of pro per status by the sheriff's) I need a response from you whether you intend to continue to represent yourself."

Gariulo tells the court that he would like to file an appeal. He tells the court that Deputy (Hinds?) called the defendant a motherfucker and told him to shut up.  Gargiulo tells the court that he's demanding that the sheriff's turn over all audio and video tapes.  He makes more claims against the sheriff's. Gargiulo is requesting a copy of this transcript so he can prepare a defense.   He talks about the showers, and that something happened there, and the fact the sheriff's have not followed proper procedure in regards to following the rules when it comes to searching his cell.  He mentions something about his legal supplies, or that he hasn't been able to get more legal supplies.

Judge Ohta is reading over a document. He then reads into the record the documents that he reviewed of the Wilson hearing and describes them. He describes several exhibits. The declaration of Officer Kennedy. Five pages of historical analysis of what happened. One page declaration of hearing officer. Exhibit A, is the pro per rules. Exhibit B is the notice of Wilson administrative hearing. Exhibit C is the incident report concerning allegation the defendant had in his mouth a metal object, a key or shank. Page has a photocopy of a metal object. It appears to be a shank or metal key. Also attached is the inmate discipline report. Exhibit D is documented statement of hearing officer (at?) Wilson hearing.  Exhibit E is notation or report of review (board?) by Sargent (Ponce?).

Detective Myers leaves the gallery of the courtroom.

Judge Ohta continues describing the documents Exhibit E is sheriff's department correspondence from Deputy Kennedy to Mr. Gargiulo concerning modification to pro per privileges.

The court states, "The defendant contention (is) at hearing was he didn't have enough time to prepare. ... Notice was given the day before the hearing ... within 48 hours. ... Hearing on April 21st. ... I don't see any problem. ... Despite complaint, I do believe the sheriff's department acted within rules and I believe the actions are proper."

The next pretrial hearing is set for June 27th, and Gargiulo agrees.   Gargiulo makes a formal request for video and audio tapes for everything that was previously demanded. Gargiulo tells the court, "I would think that the DA's would have all that information since it does involve the case." Judge Ohta tells the defendant, "The DA's office is not involved with that. ... They are not involved. ... They did file something because ... filed under 190.3 under a mitigation factor. ... They did not hand over pictures (or?) reports."

Gargiulo addresses the court, "You keep saying 'shank.' The defense objects."  Judge Ohta responds, "That's what it says in the report. ... I will give you a transcript (of today's proceedings) so you can prepare your written ...."

The general time waiver is discussed again.  DDA Akemon puts on the record that Charles Lindner has been in the audience and present.

Gargiulo tells the court that it will take some time to get his supplies. "Every time I put in a pro per kit I'm not getting my double supplies ... It will take weeks to get my supplies."  Deputy Kennedy tells the court he doesn't know what the defendant is talking about.  Judge Ohta tells Gargiulo, "I'll see what I can do about that."

That's it for Gargiulo.

Ka Pasasouk
I rush across the hall to Dept. 106.  The DDA's and the sheriff's chat privately in Department 106's ante chamber. There is country music playing at the deputy's desk. Judge Fidler's clerk asks me what I'm here for. I tell her Ka Pasasouk.  She tells me they already had the hearing.  I'm totally embarrassed. I answer, "I can't believe the DA didn't tell me!"  Evidently they had the hearing and DDA Dameron must have stood in for DDA Akemon.

 I rush back out the hallway to try to catch up with DDA Akemon. He tells me the next Pasasouk hearing is August 22.

May 19, 2014
8:15 AM
I’m on the 8th floor of the Airport Courthouse.  I arrived before 7 AM, missing most of the 405 traffic. Unfortunately, the cafeteria doesn’t open until 7:30 AM so I sat in the lobby to wait.  While I was waiting, I did have a very interesting chat with a woman, a retired minister. She was here for her first experience on jury duty.

My lobby companion lived most of her life in the center of her east coast state. When she and her husband retired, a family member offered them the opportunity to live with them in their home in the south bay area. They jumped at the chance.  They currently live in on the coast and are relatively recent transplants.

I shared with her a little bit about the LA County court system.

8:23 AM
Although there are several people from the general public here, I don’t see a single person from the media. A few people come and try the doors to the two courtrooms on this wing of the hallway.

Just to be sure that nothing’s changed, I check the LA county Sheriff’s inmate locator site again. The date is today and the courtroom is Dept. E.

There is a new sign on Judge Danby's courtroom door that states no electronic media. It specifically states NO laptops. I'm disappointed.  Wont be able to use my laptop to write.

8:26 AM
I put my phone on silent and try to stretch out my low back.  I was up until 4 AM, helping Mr. Sprocket on a new ductless split system at a bakery.  I slept for maybe an hour before I got up to get ready to come here. I have no idea when I’ll get these notes written up.

8:33 AM
The courtroom opens. People head inside. I debate on whether to get in there to get a good seat, or wait to see if any of DaLuise's family show up.  I close up my laptop and head inside.

Inside, there are signs that indicate no sitting in the first row. I take a seat in the second row, directly behind the defense table. Judge Danby's courtroom is a mirror image of Department F, next door.  The black female bailiff's desk is to the right. The court clerks desk is along the wall directly beside the curved corner bench.

I believe I forgot to mention in my last notes, that the courtroom ceilings are constructed and a nice, wide arch. Very attractive.

The clerk is at her desk and it is eerily silent in here.  After a while, I start to get a little chilled. I forgot to bring a light sweater. There are several attorneys in the well and three in the lone chairs on the very left side of the gallery.

There is another desk directly beside the clerks desk. Then there is a walkway space to the jail area and the bailiff's desk to the right. There isn't a phone or computer at this desk but there is a file basked and what appears to be an industrial size hole punch or stapler. An attorney stops at the clerks desk to check in. There is a woman seated at the extra desk. She looks like a defense attorney. A Latino woman in the gallery gets up to speak to her.  The woman at the desk replies, "It will be a while."

Another deputy opens the door to the custody area and peeks his head inside Dept. E for a moment they goes back inside the jail area.

8:45 AM
Judge Danby's court reporter arrives.  On the right side wall next to the gallery there is a large, permanent sign that says "No Food Or Drink In Courtroom."  There are individual fold up seats just like in Dept. F.  Two male attorneys come and go and then enter again.

Just to be safe, I put my phone in 'airplane' mode.


The female bailiff takes a suit of clothes back to the custody area. I start to yawn. I'm hoping I don't fall asleep. I had about a quart of iced tea this morning and a second, hot tea in the cafeteria. I only had sausage and hash hash browns in the cafeteria for breakfast. I was too afraid to have scrambled eggs because I'm still not sure exactly how I got the food poisoning after my last trip here.

A woman enters from the back area, sits in the jury box and is typing on her cell phone. My best guess is that she is a court appointed interpreter.

A defense attorney asks the bailiff if his client could be brought up so that he could speak to him. He is informed he may have to go to another area to see him because they already have some one (back in the private room/cell?).  A minute later he says that's okay, "Where ever."  The bailiff then calls him back to speak to his client.

It's now that I realize there are two ways that defense attorneys can speak to their clients. There is a second door to the custody area in the far back right corner.  It has a sign on it that says "Interview Room - No Cell Phones Allowed." This door does not have a window or one of those special locks on it like the doors behind the bailiff's desk. My guess is, this leads to a room where there is an enclosed "cage" area, much like Dept. 30 downtown, or Dept. 100 at Van Nuys.  I imagine there could be several defendants in this area at once, talking to their attorneys.

I'm guessing that DaLuise's case wont be called early since her family isn't here.

9:03 AM
A female attorney checks in with the bailiff.

9:15 AM
I didn't see him enter, but there now is a slightly balding white haired man sitting in the well seats directly in front of me. Is that defense attorney Pat Harris? I didn't see him check in with the court clerk. It will be a surprise if it is. Pat Harris defended Cameron Brown in his second trial.  Harris was affiliated with Geragos & Geragos for about 15 years or more. Now he has his own practice.  I attended most of Brown's second trial. I became ill right after the defense case started and missed several defense witnesses.

The defense attorney stands and faces the gallery. It is Pat Harris. He's known for defending Susan McDougal and co-authoring a book about it. I address him. "Pat Harris." He looks at me, but he doesn't recognize me. It has been a while. I add, "Betsy Ross, Trials & Tribulations." He smiles. He's surprised to see me. He replies that it's been six years.  I inform him that his former client is now pro per and still in custody.

It's my understanding that Brown earns "good time" credits while in the LA County Sheriff's custody. I believe (but I'm not positive), that he earns 1 day for every two days served in county.  He's been in county custody over 10 years. If Brown got convicted of second degree murder, it's possible he could be eligible for parole after he's sentenced.  It doesn't mean he will get parole, it just means he's eligible.

9:20 AM
Philip Dube, (pronounced Due-bay) DaLuise's public defender is her. I don't see any family. Dube comes out from the jail area carrying some magazines. He hands them to a gentleman in the last row, sitting on the other side of the courtroom. The man is older, gray hair and a beard. I don't believe he was here last time. If he was, I didn't see him. I hear Dube tell him that DaLuise is not allowed to have magazines while in custody.

It's my guess that one of the reasons that magazines are now allowed is because of the staples that could be used to hold them together. I can see the face of the magazine that was on top: People.

Judge Danby takes the bench. He has mostly black hair, slightly balding with a grayish mustache and small beard. The first case is called. A defendant in an orange jumpsuit is brought out.  While this case is heard, Pat Harris and Dube get up from the well and chat beside the right wall in the gallery. Now I'm wondering how Harris is associated with the case.

I've become fascinated with the unusual lock on the door to the jail area.  It takes a huge, flat key that's on a ring on the bailiff's waist. From where I'm sitting, the key looks like it's three or four times the size of a normal door lock key.

Harris paces back and forth in the well. When the first case is over, Harris addresses the judge. He tells the court, "My is a witness who was ordered here today." Harris' client is Edward Feinstein, who is not in the courtroom. New discovery was provided to the defense late (last night? Friday?) and it's going to be held over.  The judge orders his client back for the next hearing.

That's it for Harris. He takes off.

It appears that Judge Danby wanted to call the DaLuise case but her counsel can't be found. Someone tells the court that he needed a few more minutes with his client.

Another case is called in the mean time. A defense attorney tells the court that his client changed his mind and decides to take a plea on count 2.  The defendant takes a plea on a charge of assault with a deadly weapon.  He pleads no contest. Judge Danby makes sure that the defendant understands his rights and that he is giving up his rights by pleading.

9:50 AM
Judge Danby leaves the bench. Mr. Dube passes an envelope to the gray haired friend of DaLuise. I hear him say, "These are some cards and letters."  I don't think that DaLuise had these cards and letters in her possession and gave them to her attorney. My guess on what happened is, Dube may have been able to share these items with his client in custody, or he returned them to DaLuise's friend because he was unable to share them with her.

The courtroom is back to that eerie pin drop silence.  There are only eight people in the gallery.

10:05 AM
DDA Heather Steggell, who is prosecuting the DaLuise case, returns. I believe Dube is still with his client. My notes are not clear, but I think Judge Danby is back on the bench and asking if they can do the DaLuise case. He's told that Dube is still with his client. The bailiff gets up to check.

DDA Steggell gets up and goes to the 'Interview Room' to ask Dube if they can call the case. Steggell has a three defendant plea next door.

10:17 AM
Mr. Dube comes out from the interview room.  Judge Danby and counsel talk about future dates off the record. They want to set the case at zero of 10 on June 23.

Judge Danby calls the case: SA086704. DaLuise is brought out. I believe she has a waist chain, or is cuffed at the waist somehow. She quickly looks in the gallery and smiles at her friend in the back row.  Dube tells the court, "Friday, I received a large packet [of discovery] from the people and apparently more is to come."  Judge Danby asks, "What is it?" I believe it's Steggell who answers. "Analysis of computer and phones from the defendant." She continues, "There are other witness phones (and computer?) ..." that still need to be analyzed. She tells the court that the report on the defendant's computer and phones is "pretty substantial. ... There is one witness computer in the process and possibly a second witness."

Judge Danby rules that he wants everyone back on June 9th. The 9th doesn't work for Dube. Dube offers Friday the 13. Judge Danby replies, "I'm not superstitious."  DaLuise lets out a little giggle or laugh at the courts comment.  Danby orders Edward Feinsten, the prosecution's witness to be on call for the 13th and ordered back on the 23. And that's it. As DaLuise is taken back into custody, she turns to the gallery again. Smiling at her friend she lifts her palm up slightly to give him a wave.

After I leave Dept. E, I head up to the 9th floor to see if Judge Deborah Brazil's courtroom is open. I'd like to drop in and say hello. The door is locked so I make my way back home.

May 30, 2014
I’m taking the 8:39 AM train today into downtown Los Angeles. Mr. Sprocket is using the car to make sales calls. I don’t mind taking the train. It’s a shorter walk to court than the budget parking lots downtown. The only downside is if I have to take the train and bus all the way home.

As I was saying goodbye to Mr. Sprocket he asks me, “Do you have your phone?”  Nope. I forgot it, again. It’s at home, plugged into the charger. Once court is over and I take the train back to the valley, I will have to use a pay phone to see if Mr. Sprocket is nearby to pick me up.

This will be the first hearing that I cover with Brown representing himself.

8:27 AM
I’m up on the 9th floor. Patty Brown, the defendant's wife is already here. She gives me a smile and says hello.

A very sharply dressed female attorney arrives. I’m admiring the braided hair band she has on her head. She enters Dept.105 once the bailiff opens the door.

A see a few defense attorney’s who are familiar faces. I don’t know any names I have seen them several times in Dept. 30 or waiting outside courtrooms. One attorney is knocking on the door to Dept. 107.

Judge Ohta’s bailiff comes out of Dept. 108. When he returns he’s carrying a large bottle of water.  He unlocks the door for the attorney who is waiting on Dept. 107 to open.  The attorney comes back out after having dropped out a large envelope.

Before Brown is brought out, the bailiff tells the court that the defendant has motions. Judge Lomeli responds, “Tell him the next time he has motions, he can’t file them on the day he’s ordered.”  The bailiff goes back to the custody area.  When he comes back, Judge Lomeli tells his bailiff, “We can go ahead and bring him out.” One of the bailiff's nods to the court.  Judge Lomili responds, “Thank you.”

Brown is brought out. His hair is cut short but his beard is quite long. He’s carrying a green, canvas looking satchel with two light colored fabric handles.  Brown has filed a request for discovery.  Judge Lomeli asks, “I thought he had all the discovery?”  Brown tells the court that this is a request for any new discovery.

It appears Brown has also filed a motion for a paralegal. Judge Lomeli states he’s not inclined to appoint a paralegal. Brown has a standby counsel and a private investigator. Judge Lomeli goes on to state for the record that he plans on setting the trial for a September date and that there will be no further continuances.  "If Brown states he’s not ready, I’m going to declare him ready," the court states. Judge Lomeli states that the evidence, and all the information is very familiar to both parties. I’ll bring you back in July for status.  Or, the court can bring you back in June for your paralegal request.  Judge Lomeli states he hasn’t read Brown’s motion yet. Once the court has had the opportunity to read it, then Brown can respond/argue.

Brown’s investigator took possession of the discovery in this case. The court proposes to bring Brown back later, in June, and on the (prosecution’s?) end, they will address any new discovery.

DDA Hum tells the court that there was a prior list of discovery that was presented to the prior attorney, Mr. Laub.  Judge Lomeli proposes to bring Brown back on June 27th, that’s a Friday.

Brown objects. Brown states that his motion is an informal request for discovery. “If he [DDA Hum] doesn’t respond within 15 days ...”

I believe the court addresses Mr. Hum, asking if it’s his belief there is any new discovery. Hum replies that he doesn’t believe there is but he will certainly check.

Judge Lomeli rules that he will declare that, June 27, to be zero of 60 at this point. “Mr. Brown, do you agree to this?”

Brown replies, “No I do not agree with that. The reason is that my prior counsel Aron Laub was discussing with you that he had an expert who wasn’t available until November and you agreed with that."

Judge Lomeli replies, “Well, he is no longer your counsel. .. The expert in question, which expert? What expert are you talking about?”

I don’t believe Brown provides a name or even identifies the expert.

I believe Judge Lomeli continues, “But that was because he was counsel on that.”

Brown tells the court that he’s not available (ready?) to go to trial. “My PI told me six months. He hasn’t done anything.”

The court informs Brown, “That’s up to him. You went pro per in April. That would mean you will be going to trial in five months. ... If you don’t agree ..”

If Brown doesn’t agree to the continuance, then legally, he must go to trial in 60 days.  Brown doesn’t appear to understand this.

Judge Lomeli asks Brown what the name of his investigator is. He tells his court clerk to get the investigator. Tell the investigator I want to see him.  The court will determine if the investigator has done “absolutely nothing.”

The court tells Brown that if he doesn’t agree to the June 27th date, then he goes to trial in sixty days. Those are the terms, after the court consults with Mr. Royce.

Brown tells the court, “But I don’t agree with any of those. ... How is Aron Laub able to delay for three years then I have pro per and I have to go right away?”

The court tells the defendant that he is sadly mistaken if he thinks he will get the same amount of time that Aron Laub had.  Brown repeats again, that Aron Laub when he’s not ready there are continuance, but now that he gets the case he has to go to trial. “How come he got special treatment and not me?”

Judge Lomeli tells the defendant that he seems to be implying that this court, because Mr. Laub had continuances grant to him, and that because Brown is pro per, he should be given those same continuances. “That’s not the way it works.”

Brown replies, “I just need some more time. Not three years like him.”  Judge Lomeli states, “Right now it’s a September date. If for some reason, a compelling reason, and you are close to trial on that date, if I need to tweak that date..." The court would move the date.

Brown tells the court, “I’m starting from zero on on this.” The court informs the defendant, “You were granted pro per in April.”  I believe Brown tells the court that his PI is not cooperating with him. That his PI has not done any work on the case and that he needs a new PI to start over.  The court replies that to grant a new PI, he has to talk to him first. He tells Brown that his PI did come over and pick up discovery. There is some discovery that Brown can’t get because it might contain information he is not directly allowed to have. That’s why discovery is going to the PI.  The court also mentions security as a reason.

I believe it’s Mr. Hum who tells the court that it was his understanding that Mr. Laub was going to redact information that the defendant was not allowed to have, or the PI was going to do the redaction. Hum states that he remembers the last time they were here, Mr Brown didn’t want the investigator that Mr. Laub had. Mr. Brown wanted a new investigator. Mr. Laub told the court that the investigator he had was very familiar with the case. Mr. Hum states he doesn’t know what the investigator was given (to give to?) the defendant. Now, all of a sudden, the new PI needs to be replaced.

Judge Lomeli tells Brown that his two options are the June 27th date, or go to trial in 60 days.

Brown tells the court that he didn’t want Laub’s investigator because he had problems working with him before. Now the things that Brown wanted the investigator (Mr. Laub's? His new one?) to do, separate than what Aron discussed, he still hasn’t done any of that.

Judge Lomeli tells Brown that he doesn’t want to hear/know what he discussed with his investigator. The court then adds, Mr. Laub noted (in his exparte communications?) that you had some theories that you had, that are not in any way germane to whether you are ready for trial. He is not going to follow leads, or what ever you want him to do. He has an obligation to prepare you for trial. He is under no obligation to follow (these other requests).

The court again asks if he will agree to the June 27 date. He gives the defendant his choices.

DDA Hum interjects and tells the court that possibly there is a misunderstanding.  He addresses the defendant directly. DDA Hum spends quite a bit of time patiently explaining in simple terms to Brown what accepting the continuance means. At one point, Brown interrupts Hum and Hum snaps back in a firm voice, “Don’t interrupt me. Let me finish. ... If you want more time then you need to waive.”  He adds that waiving means that on June 27, it does not mean that he will go to trial sixty days from that date. He could get a continuance again on that date. Hum continues to go over in minute detail the court process that Brown has experienced ever since the last trial.  Judge Lomeli further explains to the defendant what the hold over to June 27th means. “If you fail to waive, then in order to protect your rights under the constitution, you have to go to trial in 60 days.” 

Brown at some point, admits that he didn’t understand what it meant to waive. He finally understands and does waive time until June 27.

The last thing Brown tells the court is that he needs a doctor’s order. The judge asks why he needs to see the doctor. Brown replies, “I have a growth on the bottom of my foot that needs to be looked at.”  Judge Lomeli looks over at his clerk and asks. “Didn’t we already do that?”  Brown tells the court, “I need to go back. I got medication but it expired and I need to go back.”

DDA Hum then tells the court that he needs the name and number of Brown’s investigator.  Robert Royce (sp?).

Brown asks the court if he can request a certain investigator. “I have someone I like.”  The court tells Brown, “He’s already picked up the boxes and I want to see what he’s done.”   Then Brown tells the court he objects to the 6/27 Friday date.  The court asks Brown, “Why? Do you have some place to go?”  I don’t believe Brown has an answer to that.

Brown is then taken back into custody. After Brown has left, the court clerk tells Judge Lomeli that he has the investigator on the phone. Judge Lomeli gets on the phone with the investigator and tells him that Brown claims that he’s done nothing on the case.

The court tells the investigator that when he meets with his client, to tell him that you’ve have a chance to speak to me [Judge], and you tell him that if he doesn’t provide those things to you then you can’t prepare for the case.  Judge Lomeli also mentions something about, “... these theories that are way out there...” and that the investigator is not required to investigate everything that Brown wants the investigator to do.

Judge Lomeli is still on the phone. A bit later, I hear the court say, “... Right. ... and you say that you don’t have all the discovery? ... Mr. Laub. ... Just a mess.  ... Okay. When you meet with him the court is not inclined to replace you. ... can’t follow up on it. ... Plain and simple.”

I hear more of Judge Lomeli’s statements, to either the investigator or Mr. Hum. He says he (Brown) wants him to explore all these ... all these things that he can’t do. The investigator has met with Brown almost once a week, so the court is not inclined to replace him.

And that’s it for this hearing.

Here is what I’ve taken away from this hearing.  As far as the prosecution is concerned, they handed over all their discover to the defense, via Brown’s prior defense attorney, Mr. Laub.

Mr. Laub was required to hand that discovery over to Brown’s new private investigator. The investigator will give Brown specific discovery he asks for, but he is not allowed to have certain information in his cell with him.

I suspect it’s doubtful that Brown will be allowed to have the 30 plus boxes of trial materials from his first two trials, that his previous defense attorneys turned over to Mr. Laub.

From what the court said today, it’s my impression the court will not be giving Brown any special leeway, or extensive time to prepare his case, unless Brown is able to present reasonable cause for the delay.  It’s my best guess that this case could go to trial some time later this year, as early as September if Judge Lomeli holds to his projected trial date.

I have no idea what it is that Brown is asking his investigator to investigate, regarding theories that are not germane to the case.

UPDATE 6/2 8:00 PM Just as I was getting ready to get up out of my chair and leave Mr. Sprocket's room, (E) told me that she just turned off all his blood pressure medications and he is holding his own.  If he continues to hold his own, he won't need them.  If things change, then she will start the medications again.(E) confirmed that this means there is some function in the right side of his heart. If he does well throughout the night and is able to get off the Impella tomorrow, then that will mean that the right side of his heart is functioning and doesn't need any assist.

UPDATE 6/2 7:30 PM A new, attractive night nurse is here. She is getting briefed on his condition right now. (S) says Mr. Sprocket has a really good nurse tonight. Her name is (E).  (S) says she's very thorough. (E) looks like she might be Filipino.

UPDATE 6/2 6:00 PM At 4:15 the Impella was set to 2. He seemed to tolerate it okay. They are putting him back to 3 overnight. At 6:00 am tomorrow they will put him back to 2. If he still does well, then they will try to take the Impella out tomorrow. 

The next test to the recovery of the right side of the heart will be to get him off the medications. If he reacts negatively to weaning off the medications, that would mean that the right side of the heart is not healing as well. However, (M) did say that he is not on a high dose of the medications. They are more of a low dose.

The last thing to come out will be the breathing tube. They want to make sure he gets as much respiratory/oxygen support as possible.  He will be brought off the Diprivan (propofol) before the breathing tube comes out because Diprivan supresses the breathing.

Mr. Sprocket is quite swollen at the moment. Normally, his feet and legs are quite skinny. (M) tells me what's happening is he is "third spacing," meaning his fluid is moving into other tissues. This is understandable/normal at the moment. It's similar to when pregnant women get puffy. He needs the fluids at the moment. Once he's off the meds and fluids, it will reverse itself.

UPDATE 6/2 3:50 PM One of Mr. Sprocket's cardiologists stopped by and explained to me what was going on and what Mr. Sprocket is dealing with.  The situation is not as good as what many of us had hoped. His condition is more serious than I previously thought.

Because Mr. Sprocket had the older blocked artery on the right side of the heart, basically, an older heart attack, that makes this heart attack all the more problematic to treat. It means that, in addition to the left, there is damage to the right side of the heart and it's a big problem if the right side of the heart cannot pump blood to the left side. Ideally, the cardiologist would have wanted an Impella that inserted into the right side of the heart, but those devices are only in research hospitals in testing/trials at this point and not approved for general patients yet.

The cardiologist said that because he did not have a good reaction to the first stepping down of the Impella from level 5 to 3, he is trying a different, slower approach. Hopefully, this slower approach will give the right side of the heart time to heal. If they are able to wean Mr. Sprocket off the Impella, the next step would then be the respirator/breathing tube and then the medications.

One of the things complicating his case, totally independent of the heart attack, is the fact that Mr. Sprocket has a heart condition called Hypertrophic Cardiomyopathy. The heart muscle becomes like, stiff. Here's a little bit more information on this disease from the Mayo Clinic.  We did not know that Mr. Sprocket had this heart condition. So that's a complication.

If Mr. Sprocket is unable to be weaned off the Impella, then the next step would be surgical implantation of a right, and/or left, ventricular assistant device.  However, that would have to happen in a different hospital facility, like UCLA or Cedars, that's part of a bigger program.  They do not do that here. Those devices would, hopefully, be temporary, until his heart could recover.  If his heart is not able to recover, then the last option on Mr. Sprocket's journey would be a heart transplant.

(M) Told me about an hour ago that at 2 pm, Mr. Sprocket was stepped down on the Impella to 3.  The cardiologist also added a heart medication to kind of give his heart a little "kick" to help get it going on it's own.  As of now, he is still doing okay with the Impella on level 3. So, I am holding onto that hope.

A few minutes ago, a second chaplain stopped by, Beverly. She is normally assigned to this section of the hospital and didn't know that Phil had stopped by earlier. Phil usually covers the ER, and other areas. Mr. Sprocket is the one who is more 'religious' than I am. He reads his Bible on a very regular basis, along with his favorite author, John Bunyan.

So with the new medication to give his heart a kick, there are now seven IV monitors, the respiratory machine, the Impella, the feeding tube/nutrients and the catheter, along with all the sodium chloride bags (I see five at the moment) to keep the lines clear, as well as another line that is not attached to an IV monitor.

I almost forgot to mention that another nurse stopped by, who is in charge of nursing for many of the units, Cath Lab being one of them. She is a friend of one of my friends who is a nurse. Thank you so much JG, for having her stop by. 

Please forgive me if I don't answer messages right away, but please - keep those messages, texts, emails and phone calls (for those of you who have my number) coming. I'm still mostly overwhelmed with the update from the cardiologist and I so appreciate everyone taking the initiative and checking in.

UPDATE 6/2 12:30 PM Mr. Sprocket's cardiologist did come by this morning, but I missed him. I didn't get to the hospital until 10 AM. Mr. Sprocket has a new day nurse, a lovely woman named (S), and another pretty nurse (M) who is learning the Impella. (S) has been with the hospital 14 years but this is the first time she's had a patient with the Impella.

The nurses tell me that they are going to try to wean back the Impella level sometime today. They are giving him more fluids before they do that. His blood pressure is better than it was the day before, so that's a small step. He's still on two BP meds, but the doctor won't cut those back any more until he's off the Impella.  He's still on the heparin via the machine and the IV; his oxygen through the breathing tube is 40%, just like last night. His urine output is still good. So not much has changed.

He got a bag of platelets yesterday, but his platelets are still low at 52. They should be anywhere from 150 to 400.

There are bags of medicine and fluids hanging everywhere in Mr. Sprocket's room. There are at least six "IV pumps" controlling medications. One for the Diprovan (propofol), two for the BP meds, one for the extra heparin. I'm not sure what the others are for. There are also many bags of sodium chloride hanging. I've been told that these are to keep the "lines clear."  There is also a respiratory therapist that comes by at least twice a day to check that machine. Mr. Sprocket is still in critical condition. He is still sedated, still on a breathing tube.

There are 28 beds here in the Critical Care Unit. There are an additional 10 beds on the ICU unit that are ICU "surgical rooms." (S) tells me that they've only had the Impella at this hospital for about a year.

Oh. (M) just told me they weaned the Impella back to level 4 at 10 AM today.  When (T) tried to lower the Impella to level 3 (I think on Saturday) his BP bottomed out. So, the doctors are going slow with Mr. Sprocket in trying to wean him off the device.  (As of 11:45 am, he's doing okay at the lower level. His output and numbers are holding steady.)

Phil the chaplain just stopped by and introduced himself. He gave me a bit more information about what he saw of Mr. Sprocket in the ER.  He was screaming and hollering out in pain, "Oh my God! Oh my God" My abdomen hurts." The cardiologist gave him some morphine and was trying to interview him. Mr. Sprocket tried to give Phil my email address but he wasn't able to. They did the EKG's. Mr. Sprocket was taken to the Cath Lab and the cardiologist explained to him what they wanted to do and Mr. Sprocket was able to sign the consent for the procedure.  After the Cath Lab, Phil and (T) went through Mr. Sprocket's phone and were able to call me.

After Phil, the dietitian stopped by. I had some concerns about the formula they were giving him.  Last night, I had talked to his night nurse (TR) about the amount of corn and corn syrup in the formula. It's not really about diet at this point; it's about getting nutrition into him so he doesn't lose too much weight. But still, there are some things that I wouldn't want Mr. Sprocket to have in this fragile state.

(TR) agreed with me and said she would put in for a dietitian to stop by.  We went through her thick book and found a formula that had the least amount of corn in it; it's more soy based, and has more protein. Soy is not great for Type O's, but it's a better alternative than giving him the lectin in corn, and corn byproducts (corn syrup).  It was documented as early as 1981 that the corn lectin (zea mays), is resistant to an autoclave.

Food lectins were discovered in 1888. Lectins are carbohydrate-binding proteins, macromolecules that are highly specific for sugar moieties. They are often called "nature's glue" because they can bind things together. Our blood type, (A, B. O, AB) is expressed as sugars. William Boyd discovered in 1945 that lectins are blood type specific, meaning, they can agglutinate the blood of one person, and not another.

Depending on how Mr. Sprocket does today, the doctor may decide to lower the Impella level again. I'll try to give an update later this evening.

UPDATE 6/1 8:30 PM (TR) tells me that tomorrow will be the big push to try to wean him off the Impella and other medications. The cardiologists will probably see him early in the morning and assess how to proceed. (TR's) job tonight is to just keep all his numbers stable and prepared to be weaned off the Impella. Since he is getting nutrition, (this is basically to wake up the digestive system) his body is on a slight foot down slant to help the sphincters (stomach, etc.).  Once they are able to take the Impella out, then the breathing tube comes out and they can wake him up. His breathing tube is only on 40%.


UPDATE 6/1 7:30 PM The shift change is going on now. Shift change takes an hour. Mr. Sprocket's night nurse tonight is a pretty brunette, (TR). (T) is going over all of Mr. Sprocket's IV's/ meds/ devices with (TR) now.  (T) tells me that his blood pressure is real stable. He is still on two PB meds but it is a very low dose.  He thinks tomorrow they will try to wean him off of those more, and try again to wean him down lower on the Impella. Both (T) and (TR) said his color is good, meaning his blood vessels are getting good "perfusion."

Here is an image of the Impella computer/display/controls at the foot of Mr. Sprocket's ICU bed.  There is a table in front of it so the nurse can sit and monitor it.


UPDATE 6/1 4:00 PM The ENT doctor just came by to check on the suture he put in his soft palate to stop the bleeding. The ENT checked the suture and said, "The suture line is fine; no fresh blood in there. I'm happy. ... For you or me it would be a scratch but for him because of the heparin ... It's a big deal. My easy case of the day."

UPDATE 6/1 3:00 PM I arrived at the hospital about an hour ago. Mr. Sprocket's awesome day nurse (T), told me that Mr. Sprocket's numbers a good. He has been able to cut back on the amount of his his blood pressure medication. His liver numbers came down and look good. His kidney numbers look good. He also had two more pints of blood this morning.

When the Impella device was first implanted Friday morning, it was set at the highest number, 9. That same evening, they were able to set it down to number 5. (T) tried to set the Impella down to number 3, but he didn't do well with that so it was set back up.  He might also be having some trouble with the heparin because his platelets are low. A hematologist came to see him and they are going to give him platelets. Mr. Sprocket is also getting nutrition through the nose down the throat tube.

After I arrived, I asked (T) if he could bring him slightly out of sedation so he could know that I was here. It took a little longer. Mr. Sprocket was moving his legs and reaching up with his left hand to try to take the breathing tube out.  He did not wake up enough to let us know by squeezing our hands if he heard us or understood us or not. He did move his legs when (T) asked him to try to wiggle his toes. Since his legs were moving too much, (T) quickly sedated him again.

If he moves his legs too much there is a risk of dislodging or causing a disturbance with the Impella or the IV in the other femoral artery. The fact that he has so much movement in his arms and legs is a positive sign that his neurological function is good.

The big "wait and see" is his "EF" aka as "ejection fraction." That measures how well his heart is able to push the blood out. Right now, the Impella device is doing most of the work so his heart can rest.

I just found out that Mr. Sprocket was brought into the ER at 8:21 AM on Friday. Less than an hour after he dropped me off at the train station. I don't think he wanted to tell me how poorly he must have been feeling.

UPDATE 6/1 7:00 AM I did not get a call from Mr. Sprocket's nurse last night so that's a good sign. I'll let everyone know when I get to the hospital today. Sprocket.

UPDATE: 8:00 PM Day nurse (T) said it would be up to (A), the new night nurse if he thought Mr. Sprocket was doing well enough to be brought partially out of sedation. It's not likely though because of the new nurse tells me 1, he wants to make sure he has gone over all the medications that everything is hung right and 2, the stitch the ENT just put in, patients tend to want to cough when they wake up a bit. (A) also tells me that he's been a nurse for 27 years. Mr. Sprocket is getting exceptional nursing care here!

So on that note, I'm heading home. I'll probably call for an update if I wake up in the middle of the night.

UPDATE:7:05 PM The ENT put a stitch in a small tear in the soft palate and that should correct the back of the throat bleed. Mr. Sprocket is on the second pint of blood now. He has a new nurse for this shift, an older, slender man.

5/31/14
You never know what life has waiting for you, around the next corner.

Yesterday morning, Mr. Sprocket was going to have the car all day to make sales calls.  After a slow recovery from another painful, 5ml kidney stone last month, (It took 12 days to pass!) he needed to get back to the business of creating new business. He was going to stop by a client's home to check on their home AC system, and then solicit around the North Hollywood area.

He dropped me off at the Red Line train station around 7:30 am so I could attend a hearing in the Cameron Brown case.  Before I got out of the car he asked me, "Do you have your laptop? Do you have your phone?"  It was then that I realized that I forgot to put my phone in my bag.  Oh well. I'd just have to get along without it.  I would have Internet service down at the courthouse, so I wasn't too worried. Before he left he did tell me that he needed to use the restroom. I suggested he stop in at a grocery store to use a bathroom. Those are 'usually' better than a gas station.

After the hearing was over, I sent him a text message via email that I was leaving the courthouse.  When I came out from underground at the other end of the Red Line tunnel he wasn't waiting for me. I called him from a pay phone and left a message. He didn't pick up. I didn't think anything about that, because he would not have recognized the number and thought it was spam. After a couple bus rides, I got home around 12:30pm.

There was a message on my cell phone when I got home, but it wasn't from Mr. Sprocket. A man named Phil told me that Mr. Sprocket was at Providence St. Joseph's Hospital in Burbank. He had been admitted and he had a "procedure." He asked me to call him. I immediately went into a panic. What had happened?

I called Phil. He told me that Mr. Sprocket had gone into a grocery store to use the bathroom. When he came out, either the employees or a customer saw that he looked poorly and called 911.  LA County FD Paramedics arrived and brought him to St. Joe's. He was complaining of abdominal pain and had diarrhea.  Phil said that in the ER, Mr. Sprocket told him that they couldn't call me because I forgot my phone. Mr. Sprocket tried to give Phil my email address but he wasn't making any sense to Phil. Phil got Mr. Sprocket's phone, found the number for "WIFE" and left the message. Phil told me he thought my husband would be alright, but he was asking me to come to the hospital. He said that after the 'procedure' Mr. Sprocket was already taken to the ICU.

I was in a panic. What had happened?  I called family, and then I called Phil back. I didn't even know who Phil was. He told me he was the chaplain. That put me into a worse panic, but Phil, in a calm voice, asked me not to freak out on him. I told Phil he needed to try to find out where the car was. Please find out what grocery store Mr. Sprocket stopped at.  Fifteen minutes later, Phil called back.  It's at the Vallarta, on either Lankershim or Laurel Canyon.  I was at a loss because I know there isn't a Vallarta on either of those streets.  So, hoping that the name of the chain was right, I went to their online website. I started calling Vallarta stores in the area I knew Mr. Sprocket was making sales calls in.

I lucked out on the second store I called. After my inquiry about a man taken away in an ambulance, a manager replied, "Yes, your car is here, third spot from the front door. The paramedics locked it up for you."

The next chore was trying to find someone who was home in the afternoon that could take me to the grocery store. Both of my close neighbors were not home, and calling two girlfriends got me their voice messages.  Then I called Matthew.

Matthew has been a wonderful friend and mentor to me. He has been writing non-stop on his Lazarus book, and I try not to bug him to much.  Matthew dropped everything he was working on, drove over the hill, picked me up, and took me to the grocery store. He then led the way to the hospital and went with me to the ICU. While I was falling apart, Matthew was calm, collected and asked specific questions.

In the ICU, I got to speak to Mr. Sprocket's nurse and the floor supervisor nurse. Mr. Sprocket was brought to the emergency room. He was complaining of abdominal pain, nothing else. They did two EKGs. On the second one, they found a blockage. Mr. Sprocket was having a heart attack. His blood pressure in the ER was 46. The took him immediately to the "CAT Lab." They inserted a balloon and then a device to help his heart pump. The nurses were under the impression that his heart attack didn't start until he got to the hospital.

When I got to speak to Mr. Sprocket's cardiologist he brought me to a stark reality. "He had a big heart attack," the cardiologist said. Mr. Sprocket's circumflex artery on the left side of the heart was 100% blocked. A stent was installed. Two other arteries slightly further away were partially blocked. One was 70% blocked and that received a stent. The other was 80% blocked but it has some collateral circulation around it and did not need a stent..  On the right side of his heart, there was an artery that was 100% blocked but it was an old injury, meaning it had happened in the past and the heart had been able to circumvent around the blockage.

The cardiologist said they did a balloon pump through a femoral artery and installed an impella  through that artery, too. "An impella?" I asked him. "What is that?" The cardiologist said it was a like an artificial heart. You can see a video at the first link and a YouTube video HERE.  What an amazing, little device. This is cutting edge medicine.  It is connected to a monitor device that tracks the pumping output it provides.

Mr. Sprocket has a breathing tube down his throat combined with a suction tube to clear fluid in his mouth. He also has a tube down his nose to give him medicine, an IV in one femoral artery, the impella in the other, and an IV in his right arm. He has some bleeding from the mouth, that might be from trauma to the back of the throat when they put the breathing tube in.

Mr. Sprocket is on two blood pressure medicines to bring his blood pressure up. He is also on a double dose of heparin to thin his blood. The impella requires heparin delivered as part of the device and he's also getting heparin in an IV.  The cardiologist said that the next 24 to 36 hours will be key. That it is too soon to know the extent of the damage or what's going to happen. He is in critical condition. He has a single nurse dedicated to him, 24/7.

Have you ever thought about what it would be like to lose someone you love? I have. I think about the victim's families, of the cases I've covered. Until you actually experience it, you can't really know the overwhelming feeling of helplessness; the shock; the feeling of being lost, in limbo. 

Mr. Sprocket has been sedated since the CAT Lab. This reduces the stress on his heart and also because of the breathing tube. The sedation drug they are using is Conrad Murray's drug of choice on Michael Jackson, Diprivan aka Propofol. It's a wonderful drug when used in the right setting, with the right equipment to monitor the patient. When this is all over, he won't know or remember a thing.

Mr. Sprocket's nurses have been fantastic. His day nurse is a calm, tall, easy on the eyes handsome man named (T). Friday, I stayed at the hospital until the shift change at 7:00 pm, so I could meet his night nurse. She is a lovely compassionate woman named (M), that (T) told me was the best night nurse on the floor.

Friday night I went home and tried to keep my mind occupied and get some sleep. I knew they would call me if something serious happened. I got about three hours of sleep and woke up around 1:30 am. I called the night nurse (M) at 4am, to get an update.
 
Mr. Sprocket was still bleeding from the mouth (understandable since he is on blood thinners), so I gave consent in advance in case they need to give him blood in the future. They won't have to call me to get approval; it's done.

His blood pressure was still all over the place so they can't wean him off that medication yet. A short time after I left the hospital, he spiked a fever of 101.3 so they gave him an antibiotic. The nurse did say, that could have been because of all the procedures. He has good urine output and that's a positive. (M) said that if they don't call, that's a good thing.

I was able to get a little bit more sleep before the morning, when I started the round of phone calls to friends, bringing them up to date.

I arrived at the hospital today around 11 am. (T) told me that his blood pressure has stabilized some and they've been able to cut back on those medications a bit. At 8:00 AM  they took Mr. Sprocket partially out of sedation. They told him where he was and that he had a breathing tube so he wouldn't be able to talk. He didn't open his eyes but appeared to understand them. (T) gave him some commands that he was able to follow. He squeezed (T)'s hand.  This is a good sign. They do this to check his neurological function. They only do this about once a shift.

At 5:00 pm today, (T) told me that Mr. Sprocket's blood count is low, probably from the slow bleed at the back of the throat. On his chart, from the admitting physician, there were orders in place if the blood count dropped below a certain point, they were to give two pints of blood. They've already hung the first bag. (T) is going to see if they can get an ENT to look at the throat to see if the bleed is something that could be cauterized and take care of it. (As I was finishing up this entry, the ENT arrived and I was asked to step out of the room. Sprocket)
 
I'm going to stay by Mr. Sprocket's side for the shift change tonight to see if the evening shift will bring him out of sedation again. I told his day nurse that I wanted to be here if they decided to do that again, so that Mr. Sprocket could hear my voice and know that I'm here for him.

Dear readers, this event is devastating to us and I am reaching out to T&T readers for help. I do not know what the future holds for us. Mr. Sprocket is a one-man shop and is the sole provider for our family. Mr. Sprocket will have a long road to recovery.

T&T readers, please keep Mr. Sprocket in your prayers. I would also like to ask if you have appreciated my five years of in-depth trial coverage, please consider making a donation. In our time of need, any amount you can give would be greatly appreciated. There is a link on the right side of the blog.

Big hugs and THANK YOU to all my Facebook friends who have left messages and said prayers. Thank you so much to my family and dear friends TC, SK, RH, MM&KB, JG&MG for your love and support.  

I will post updates on this entry when I can.

Note: Read each day from the bottom up. Sprocket

This is a NEW ENTRY. PREVIOUS DAYS NOTES CAN BE FOUND HERE.

UPDATE 6/9 7:45 PM
More than one nurse has called the waking up from the propofol, the "sedation vacation," meaning, a short vacation from sedation.

UPDATE 6/9 7:30 PM
Mr. Sprocket's night nurse (Je) just introduced herself to me. So polite. She reached out to shake my hand. I meet these darling, young AMAZING nurses and I try to remember when I was that young and had all that energy.

UPDATE 6/9 7:15 PM
I will be staying tonight until the night nurse slightly brings him out of sedation to check his neurological function. That's when they dial back the Diprivan (propofol) just enough so that he is able to follow commands. After that, they put him back on sedation. Then I will be taking off.


UPDATE 6/9 6:00 PM
Drawing his potassium is just a blood draw. Mr. Sprocket is putting out a lot of urine even though he's not on a diuretic. With a pharmaceutical diuretic you do lose potassium and they had to replace it. Since he is still putting out a lot of urine, they have to keep testing his potassium to see if he's still losing. If he's losing, they add potassium.

It's pretty much a done deal, that he will get a central line tomorrow. (Mi) said she saw his pulmonary doctor (Dr. A), and he put him on the list for a central line. Nurse (T) stopped by to speak to (Mi) and asked what happened to Mr. Sprocket, since the last time he saw him, he was walking to the bathroom in Telemetry.

(Mi) tells me that she is going to have to take out one of his IV lines on the left and insert it in the right arm because it is swelling. Frustrating she has to do this tonight because he will get a central line tomorrow that has three ports.

UPDATE 6/9 5:45 PM
His nurse (Mi) told me that they are going to draw his potassium now. I don't know what that involves; she was just letting me know.

I was wrong earlier. It's not a lung x-ray that he will get but a lung ultrasound. This is to pinpoint "where" the fluid is in his lungs so they can mark the spot. Then tomorrow, having the area marked, they will do the lung tap.

The chaplain Beverly stopped by to say hello. She let me know she has been to Mr. Sprocket's bedside several times to pray for him. She said she was looking forward to meeting him when he's in Telemetry and off the vent.

UPDATE 6/9 4:50 PM
I just took a break and had a late lunch/early dinner, so I'm feeling a bit better. Mr. Sprocket is resting, still under sedation. His nurse is away from her desk at the moment. When she comes back, I'll ask if Mr. Sprocket had the lung x-ray yet.

One of the things I've been missing these past 11 days is Mr. Sprocket's cooking. My attempts at cooking have been comical, however, since his heart attack, I have been able to master a simple "shake and bake" of the organic, free range chicken thighs that we get from Costco.

We make our own 'shake' mix using rice flour (easy to make in a coffee grinder) and a few spices: rosemary, sage, and chili powder from India. Mix spices in with the flour and bread the chicken. Place on a cookie sheet and bake at 425 degrees for 15 minutes on one side, turn over and bake 15 minutes on the other side. Let the meat rest before eating. Mr. Sprocket is a fan of chef Bobby Flay, who cooks chicken and turkey at that high a temperature.

I only got about 40 minutes of sewing in this morning, and I did that right when I woke up. One of the things I'm doing for myself to try to get a bit healthier, is walking a mile every morning. I'm also taking the stairs from the hospital parking garage all the way up to the second floor ICU. When Mr. Sprocket had his breathing tube out the first time, this was one of the things he talked about several times, that we would both be on a work-out regimen every day.

I don't think he had the lung tap yet and the nurse told me he has not had the x-ray of his lungs yet.

UPDATE 6/9 2:17 PM
Mr. Sprocket is going to get an x-ray of his lungs, then they are going to "tap" his lung to drain it. That means, they will put a needle in, pull out what they can and that's it. IF he keeps re-accumulating fluid in his lungs, then they will put a permanent drain in his lungs. The nurse just told x-ray to "get up here" even though they are real busy.

UPDATE 6/9 2:15 PM
I spoke briefly with Mr. Sprocket's cardiologist #3, who will be following him for the next couple of days. The second echo cardiogram, it was less definitive as to whether or not he has the hypertropic cardiomyopathy.  Hopefully, the third echo cardiogram (that is happening as I type) will give them a definitive answer.  You either have it or you don't. It's inherited.

The third echo is done. (Mi) tells me that the pulmonary doctor said that if he can't be weaned off the blood pressure medication tonight, then they will put in a central line tomorrow. I just singed a consent form for that. I also found out that the pulmonary doctor is in charge of Mr. Sprocket's care while his is in "Intensive" care, the ICU.

UPDATE 6/9 12:30 PM
I forgot to mention that in addition to the 8.6 liters he peed out the first night back in the ICU, last night he peed out another 4 liters.  His hands and face are looking more normal. His feet and legs are still a bit swollen, but much, much better than he was before.  Someone had asked about the "cuffs" that are on his legs. These are to help prevent blood clots in his legs. Here is a photo of his legs and the machine they are hooked up to.



UPDATE 6/9 12:15 PM
Mr. Sprocket is on the schedule to get a new echo cardiogram today. It's just a matter of when.


UPDATE 6/9 11:20 AM
The breathing test stopped at 11 AM. He agreed to rest a bit. The respiratory therapist started the machine again and he will be sedated again.

I have a FB friend who is having surgery today, BRM, so I'm thinking of BRM today and hope that surgery goes well. I'm also thinking and praying for my FB friend, MCR, whose husband is also ill.

He didn't go under quite so quickly. He was tapping the side the rail again so I came over with the alphabet pad.   He spelled out BRET, but that's as far as he got. His nurse set his Diprivan back up and he's out for the count at the moment.


JUNE 9, 2014 10:40 AM
I'm at the hospital. Mr. Sprocket's nurse last night was (Ch), a very handsome, Baywatch looking young man. So nice. This morning, his nurse is the same as yesterday, (Mi).

His pulmonary doctor stopped by. He asked me if there was anything I could add to what happened when Mr. Sprocket was in Telemetry; if he was complaining about his breathing.  There was nothing I could add. He said that Mr. Sprocket "went into heart failure," and that's why he was brought back to ICU. He does have pneumonia.  He had a lot of fluid in his body/lungs. The Pulmonary doctor did say they would try to get the tube out tomorrow. It will all depend on how he does on his breathing tests today.

When I arrived, Mr. Sprocket was awake and doing the breathing test. As soon as he saw me he wanted pen and paper. I told him he couldn't write, but he insisted. I put a paper with the alphabet in front of it. He pointed to letters on the page and spelled out "I Love You."  He asked to sit up more, but that caused him to cough too much so he asked to recline again.  He wanted to write again, but I told him he needed to concentrate on his breathing. If he concentrated on his breathing for five minutes, then I would bring the pen and paper back. I told him I was going to write on the blog for a few minutes.

Oh boy. Mr. Sprocket is tapping the side-rail of his bed, so I'm going to see what he wants. He probably wants to communicate through the alphabet again.
________________________________________________________

UPDATE 6/8 8:00 PM
The shift change is complete. I haven't met Mr. Sprocket's night nurse yet.  Mr. Sprocket still has a little bit of a temperature. It's now 99 degrees, down almost a full degree from when I first got here.  I have some company today. My friend JG stopped by to sit with me.  I'm going to try to get here much earlier tomorrow, so that I won't miss talking to his doctors. Once I talk to them, I'll probably leave much earlier.

UPDATE 6/8 6:25 PM
I just learned that tomorrow, Mr. Sprocket will have to have a central line put in for the blood pressure medicine. That takes my approval. The reason is, he's not able to maintain his blood pressure on his own yet. The blood pressure medicines are quite strong; 'toxic' is the word that (Mi) used.  Right now, in an emergency (when he was brought back to the ICU yesterday am), they can put it in a tiny vein, but that's usually only for a short time. There is a risk that the medicine could 'leak out' that tiny vein and affect the surrounding tissues.  The IV they originally had in his femoral vein was also a central line. This is a bit disappointing to hear.

UPDATE 6/8 4:40 PM
The finally found a comfortable rubber strap to hold the vent in his mouth instead of the tape they had completely around his head. That's an improvement. He just got repositioned a minute ago. He's not completely out on the propofol. He's just slightly aware. He nodded that he could hear my voice, but he didn't squeeze my hand back. The nurse put a fan on him to cool him down a bit, and put a wet wash cloth on his forehead.  (Mi) tells me that the little excitement of being moved around put his blood pressure up a little.

JUNE 8, 2014 4:15 PM 
I just arrived at the hospital and got an update from Mr. Sprocket's new day nurse (Mi). There have been some minor adjustments on the ventilator. He's not weaned off of it yet. He is at 40% oxygen. When he came in, his rate was 20. This morning the rate was at 14 and now the rate is at 10.

Mr. Sprocket's blood pressure has been up and down. He's on an IV blood pressure med, Levofed. He's no longer on the diuretic. Cardiologist #2 discontinued that this morning. Still has the feeding tube in his nose. Still on an antibiotic.

He is back on the leg pressure cuffs to prevent blood clots. They will start weaning him off the vent tomorrow, and it will all be based on whatever he can do.

He really did have a lot of fluid build up in his body! He peed out 8.6 liters in 24 hours!  That's a lot of fluid. It would have been hard to breathe if a lot of that was around his heart/lungs.

It remains to be confirmed if he does have pneumonia, but the congestion is definitely there, or there wouldn't have been that much fluid. The fluid that the nurses are suctioning out is clear, it's not yellow. Dr. #2 ordered another echo cardiogram which may happen tonight or tomorrow morning.

When (Mi) cuts back on Mr. Sprocket's Diprivan (propofol), he does follow commands.  She said he did this thing where he was making a circle with his hand/finger. He was trying to communicate, but she couldn't figure it out what he was trying to say. She asked a lot of the normal things (that she would be concerned about) like, are you in pain, are you uncomfortable, do you want to sit up more, but the answer was always a head shake "No."  I'm sure we'll find out what it was, once he's off the vent... if he remembers, of course.

So, not a lot of change.

I only got about an hour sewing done today. Two of the three places I went to go this morning didn't open until much later, the water store and the recycling center. These are things Mr. Sprocket usually takes care of. Hopefully, I can get to those tomorrow.

I brought some reading/editing to do (for my friend Matthew) and I think I'll get started on some letters.  It's very difficult, but I'm trying to stay just in the moment. I'm trying not to think too much about tomorrow or weeks ahead, but it's hard. At the moment, I'm doing okay. Wish I had gotten more sewing done; maybe tomorrow.

Here is what the ventilator looks like next to Mr. Sprocket's ICU bed.
I started a new entry because the other one was getting very long.

June 20, 2014 - 3:45 PM A Minor Hiccup
Last night, Mr. Sprocket was unable to fall asleep.  The 1/2 a Benadryl didn't work, and taking the other half didn't help.  I found out when I woke up at 4am. Part of the problem is, he needs to learn how to breathe from his abdomen instead of from his chest. He's probably been breathing wrong for a long time, not really getting  full exhalation in. Consequently, he is sort of hyperventilating.  When night time comes, he gets anxious that he's not going to be able to fall asleep.

As soon as offices opened around, Mr. Sprocket was working the phone, trying to see if he could get to talk to a doctor today. He was hoping he could get a prescription for the sleeping pill, Restoril that he was prescribed while he was in Telemetry. I didn't think he would be able to get someone to prescribe this without seeing him.

Amazingly, Mr. Sprocket was able to speak to the assistant to his new cardiologist, that he is scheduled to see next Wednesday.  They told him to go to Olive View ER, explain the situation and he would then get to be seen by a doctor. He would be able to get his sleeping pills.


After Mr. Sprocket checked in at the ER front desk, he was transferred to the 'Urgent Care' Clinic.  That's where we're waiting now. There's a large screen TV in the waiting room. The World Cup is on, but the announcer is in Spanish. 

Side Note: Mr. Sprocket is starting to remember when he was in the emergency room at Providence St. Joseph's. He remembers that he had to go to the bathroom real bad. He remembers they brought into the room a chair potty, and he was allowed to get down off the table and go to the toilet.

He also has a memory of being taken to the Cath Lab when he had congestive heart failure during his first visit to Telemetry. He thought he was dying. He remembers them marking a time. He thought they were marking the time of his death.  No one conveyed to him, that they were trying to save him. He doesn't remember anyone speaking to him about what was going on. He didn't understand that.

There are over a dozen people in the Urgent Care waiting room, but hopefully, we won't be here long. I had my morning walk but Mr. Sprocket was too tired and frazzled to walk today. It was enough that he made breakfast and lunch today.
_________________________________________________


June 19, 2014 5:40 PM - Wildlife Nature Walk
For Mr. Sprocket's walk today, he wanted to stroll the paths at the wildlife sanctuary area near our home. The ponds and marshes are a stopping point for migrating birds. We used to walk there when we were both in better shape.  However, by the time we got out of the house it was in the height of the valley heat and I'm not crazy about walking in the midday sun.

We had a little difficulty finding a parking spot where Mr. Sprocket didn't have to walk to far to get to the paths.  The walk was much longer than what he's 'supposed to' take at this point, but he was very careful to walk very slow.  Once we got to the big pond, we took a long rest on the benches there before heading back to the car.

Then we did some much needed vegetable shopping at our best grocery store. Not only does Mr. Sprocket cook, he's also much better than me in picking vegetables and fruits.  He did not use his walker, but hung onto the grocery cart for a little extra support.

He was a bit tired after that, so when we went to Costco for our meats, he used one of the motorized carts again.


I am trying to keep him focused on short leisurely walks until he sees the new cardiologist on June 25.  Every day he says he feels better and better, which means he's still tying to push the envelope of how long or far he walks.

Mr. Sprocket still has some anxiety about getting to sleep but the 1/2 a tablet of Benadryl and lots of Magnesium Oil on his body before he goes to bed is doing the trick.

Magnesium is a great sleep aid.  We've used it at night for a long time now. Taking magnesium through the skin means it bypasses the digestive process and you don't have to worry about over dosing.  Just spray on your body. It may tingle or feel like it's stinging. That's the indicator that you are low on magnesium.  When that stops, you know you're levels have been replenished, and you can back off for a week or so before applying again.

In other news, several of his clients are putting off repairs until he gets well again.

I got in my 2 mile walk this morning. Mr. Sprocket got my pedometer to work, so I'm wearing it constantly. With all the grocery shopping and Mr. Sprocket's walk, I've already reached my goal of 10,000 steps today.  I hope to keep that up by eventually increasing my walk to 3 miles. In another day or two, I'll be sewing another order to meet a deadline.
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UPDATE 6/18 5:45 PM
I got out of the house a little bit today. My wonderful Canadian friend is on vacation here in LA. When she came to pick up her bag order, she took me to lunch at the Chateau Marmont. We then got to hang out a bit and go shopping. It was a wonderful break and I am so indebted to her for giving me a nice day away from the house and Mr. Sprocket care.

Granted, Mr. Sprocket did have to call a few times, just to make sure I was having a good time. He did get all the breakfast dishes soaking in the sink, ready for me to put in the dishwasher. He saved them for me because he says he doesn't know how to load it as well as I do. (head shake here)

Now that I'm home, Mr. Sprocket said he'd like to go for another walk after dinner. He's taking it slow and easy.

P.S. Well, we didn't take that walk right away. Mr. Sprocket had to have a nap first. We did stop and visit our neighbors on our walk. This was a shorter walk than this morning. I had to remind Mr. Sprocket that just because he 'thinks' he can push himself harder, he's not supposed to at this point. Slow and steady wins the race.

June 18, 2014 10:20 AM
We just got back from a 15 minute walk down the street.  Although Mr. Sprocket says he can walk without the walker just fine, it helps him walk a little faster by taking the stress off his legs. He's not forced to balance as much. We did walk at a very slow pace. We had one stop break near the end of the walk for about two minutes. Overall, I think he's doing much better than probably the doctor's anticipated.  I just asked him. He does say his leg muscles feel the weakest. He feels like he got a good workout with the walk.

Mr. Sprocket also made breakfast this morning, using my shake and bake method. It came out better than when I made it.

We finally got his first post event follow up appointment with Olive View: June 25th. He will see his primary care doctor and his cardiologist, all on the same day. I'm hoping we are able to get him into a cardiac rehab program asap.  He thinks he needs to get a "heart rate watch" but I think the rehab program will have a way for him to monitor his heart rate during exercise.

Mr. Sprocket still has a bit of a residual cough that the doctors believe is just the stress damage from being intubated for so long.

Thank you everyone for your positive thoughts and prayers. Please also keep my friend's son "Rio," in your prayers. I believe he is still in the ICU in Oregon.
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June 17, 2014 12:30 PM
What a long, stressful day that was yesterday. Mr. Sprocket was so happy to get a shower last night after 18 days in the hospital.  It took a while. I put a towel in the bottom of the tub and then the plastic lawn chair with arms on top. That worked perfect.

Mr. Sprocket did have a bit of trouble getting to sleep last night. He was not given a scrip for the 'fantastic' sleep medication he received in the hospital. (We found out today, that is only for short term, not long term.) He was able to get some sleep by taking a single Benadryl tablet.  We knew this was okay, because while he was in the hospital, he was allowed to have that, and did try it for sleep a few times.

Mr. Sprocket's balance is real good. He tells me he has not felt dizzy or light headed at all. He feels very confident in the house wearing the hospital non-slip booties, (you can see them on his feet in the photo) and not needing a support.

This morning, he helped with breakfast. He fixed baked sweet potatoes, steamed broccoli and stir-fried kale. He also cooked two eggs for himself. I had some of the meatloaf he made over three weeks ago, that sustained me all the time he was in the hospital. If he felt tired, he sat down on a chair in the kitchen.  After breakfast, he felt he needed to lie down for about 30 minutes, then he was able to help with the kitchen clean up by washing the pots and pans.

Most of the morning today, he was on the phone with the office of his attending, Dr. P, and Olive View, trying to arrange a walker.  The walker would be helpful so he can take a walk outside, have more support to lean on when getting up from the toilet and as an extra support in the shower.  Currently, he is able to walk around the house without the walker, and only occasionally uses my wooden cane I had when I broke my ankle in '93.

Because he has not been seen by his primary physician assigned by Olive View yet, they could not get a walker sent to the house.  Dr. P's office said, they could only write a scrip for a walker to a medical supply company. The medical supply company said they don't bill insurance companies.

So, I went and bought a walker like what he used in physical therapy for $70.00.

He was sent home with five heart medications and Bayer aspirin. The doctor told him he might be able to cut back on the Plavix later on, but he would be on aspirin for life. There was a bit of drama this morning on getting the medications straight, which ones with food, which ones without and which ones twice a day, but I think we have a documenting system figured out now.

He was put on a low dose of a thyroid medication. The doctor said, they were not sure if he needed it, but since his thyroid was a bit low, they threw it in just to be safe.  Hopefully, he won't have to be on that for long.

Other than that, I think we are good today. Now I'm going to try to concentrate on my bag order that's due tomorrow.

P.S. In the photo by Mr. Sprocket's feet, you can see a red and white a prayer shawl that one of my kind Facebook friends sent Mr. Sprocket. We are touched and overwhelmed by this thoughtful gift.

UPDATE 6/24: spelling, clarity, grammar, added court ruling on bail reduction request

8:12 AM
I’m on the 8th floor of the Airport Courthouse, waiting for Dept. E, Judge James R. Dabney’s courtroom to open. I was a bit alarmed by the lax security through the security scanners this morning.  It appeared that many employees walked through the scanner carrying items or with bags over their shoulders. They did not appear to be wand scanned afterwards. I can’t be positive, but it also appeared that with the walk through scanner went off for some members of the general public, they were not wand scanned either.

I was the first person on the eighth floor this morning. There is one other gentleman at this end of the hall now, and about three others at the other.

When I left the house at 7:15 AM, I thought I would not get here in time. Traffic was quite jammed up on the 405 South for the first few miles.  Once I got past Sunset Blvd., things opened up. I was already on the freeway when I realized I forgot to take my lunch   that Mr. Sprocket had gotten ready for me the night before.

I have no idea how long this preliminary hearing will go, or if it will even go off as planned today.  Mr. Sprocket has two doctor appointments on Wednesday that will probably take most of the day, and this Friday, are three hearings downtown on the same date in the Cameron Brown, Michael Gargiulo and Alberd Tersargyan (aka Albert Haroutunyan). I won’t be able to attend all three, but maybe I can attend two of them.

8:25 AM
I’m betting that the prelim won’t start until 9 or 10 AM. I wouldn’t be surprised if there are  a few other pretrial hearings that Judge Dabney has to clear before the prelim.

8:34 AM
I'm inside Dept E. Judge Dabney is not on the bench. I'm going to use my laptop to type until it looks like things are getting started.

Someone behind me is whispering my name.Oh. My. God. I can't believe it. It's ALAN JACKSON!!! We step outside to get caught up. Jackson tells me he does miss the DA's office, but he is very happy working on civil litigation cases.

9:04 AM
I forgot to mention that Jackson did ask how Mr. Sprocket was doing.

9:05 AM
No Philip Dube yet. The courtroom gallery is less than one-third full.  There are about twelve attorneys in the well. Jackson, his co-counsel and DDA Amy Carter (pretty, glasses, auburn hair in a ponytail today) are off to my right chatting in the aisle.

There is a video camera set up, most likely for the DaLuise preliminary hearing.  Because the the layout of the courtroom, I'm hoping the camera won't pick up up in the background. The podium is in the center, inbetween the defense and prosecution table, so it is difficult to see the witness.

9:15 AM
Philip Dube arrives. He goes to the interview room to speak to his client.  Jackson greets familiar faces in the courtroom.

9:20 AM
Judge Dabney takes the bench. The first case is called. The defendant is not present.  Second case is called.  It's interrupted while Jackson, his co counsel and DDA Carter approach the bench on their case.  The second case is finished then Jackson's case is called. It's set over for July 8.

Then the Dawn DaLuise case is called. A different attorney steps up. It's not public defender, Philip Dube.   The people filed a motion to continue the case. The prosecutor DDA Steggell is in trial. DaLuise's new attorney objects. DaLuise is not willing to waive time. The new attorney reminds the court that when he was here last week, and took over the case, the court wanted to be sure he was ready for prelim on this date.  The defense is ready. The Judge asks the people if the cases falls under 1054a, or (I believe) family law.  The people respond it does not.

The Judge states he's inclined to decline the people's request. The people state that Mr. Fullerton is ready to step in and try the case for the people. Steggell hands off the prelim to DDA Fullerton. DDA Steggell tells the court that it will take the investigating officer about a half our to get to court. The prelim will resume about 10:00 am. DDA Steggell then speaks to an older, Spanish looking couple seated to my left, and tells them that it will be delayed until about 10:15am.  I'm guessing this is the intended victim, Gabriel Suarez's  relatives.  DDA Steggell then speaks to DaLuise's new attorney, a tall and handsome, younger looking black man.

I follow DaLuises's new attorney out of the courtroom and introduce myself. I ask if he is the new attorney taking over for Mr Dube. He replies yes. I ask if I could get his name or his card. He doesn't have a card on him, but he tells me his name.  His name is Jamon Hicks, of Douglas Hicks Law Firm.

I've got to get back up to the 8th floor.

10:12 AM
I'm back inside the courtroom. Judge Dabney is not on the bench. DaLuise's new attorney, Mr. Hicks, was in the cafeteria working when I left.

T&T readers, this may be the last preliminary hearing that I will be able to attend for some time. I don't know what the future will bring. I don't know where life will take me, but I am going to have to find permanent work of some kind, if Mr. Sprocket and I are to survive and save our house.  If you have appreciated T&T's in-depth trial coverage in the past, consider making a donation.

10:15 AM
The court reporter is over at the bailiff's desk and where a jovial conversation is in progress.  Mr. Hicks arrives with a rolling cart.  There appear to be several people in the gallery for other cases, but I don't know why they haven't been called yet.

10:43 AM
We are waiting for DDA Fullerton to return. Judge Dabney left the bench. I overheard someone in the well state that the witness is still about 20 minutes away.  The man sitting next to me yawns, and it becomes contagious. I yawn in response. It didn't help that I was up until 11:00 pm getting an order from my Etsy store ready to ship out. Very grateful my neighbor is able to drop it off at the post office for me.

10:45 AM
Judge Dabney is still off the bench. DDA Fullerton returns and starts setting up his files. I overhear him tell Mr. Hicks that if he plays the video, it's over an hour.

5:50 PM
Short update here to let you know Judge Dabney's ruling. I will have a full update sometime tomorrow.

Judge Dabney stated that Ms. DeLuise believed Mr. Suarez was responsible for the stalking/ harassment providing for ample motive.  The defendant referenced "taking someone out." She sent the victim's name to Christopher Geile. She sent a photo of the victim's residence (a four-plex building) [and I believe, how to identify the unit]. "It does appear to me that the offence has been commited ... and should be held to anwser."

The defense then argued to have lower bail. The prosecution objected to lower bail stating there was no change in circumstances. The court just ruled that she should be held to answer. The court denied a reduction in bail.

The court sets the arraignment for July 7th in this courtroom. After arraignment, the case will be sent to Matrix Court. (My understanding Matrix court is similar to Dept. 100 in downtown Los Angeles. It's the Master Calendar court.)

I will also add that the defendant made a noteworthy admission during a taped interview LA County Sheriff's Detective Steven McCaulley (after the investigation turned from a harrassment/stalking case to a solicitation for murder) when he confronted her with her emails and texts she sent to various people.

Detective McCaulley, after confronting her with the emails and texts, he advises DaLuise to get some advice before making any other decisions. He reminds her that, ....from February 6th on, when you started talking about taking this guy out."  DaLuise responds, "I know."

My understanding of this exchange in the taped interview, (when I heard it in court and the full exchange) DaLuise admits here, that's what she was trying to do, solicit someone to "take Suarez out."

To be continued Tuesday, June 24.....

June 23, 2014 9:00 PM
I left off Mr. Sprocket's story Friday afternoon, when he got his prescription for the sleep aid, Restoril. He had a good sleep that night.

Saturday
Saturday he woke up feeling refreshed however, other body aches and pains kept him on the sofa most of the day. His left foot has not felt 'right' for some time now. There are places where it feels numb.  I massaged his feet and calves and that made it feel much better.

Mr. Sprocket didn't take a walk on Saturday, but he did cook a large beef stew. (Chuck roast, cut up into small pieces, Japanese yams (sweet potatoes with the burgundy skins), onions, anise bulb, and a little salt. It came out heavenly. I've missed this stew. He has not made it for some time. We brought a stool into the kitchen and he sat on that while cutting vegetables at the wood counter.

I also massaged a hard lump in his left thigh where he still has the remnants of extensive bruising from one of his central lines.  That massage really did the trick. It made his foot feel much better.

Sunday
I sewed late Saturday night and woke up too late on Sunday to take my morning walk before the heat set in.  However, around noon time, Mr. Sprocket said he was feeling really good and wanted to go for a "longer walk." Nothing I could say would talk him out of it. He wanted to walk along Ernie's Walk, and he didn't want to take his walker. He felt he didn't need it.

Ernie's Walk runs along the Los Angeles River. It ss about 3/10's of a mile long, but to get there, it's almost half a mile from our house. I didn't think Mr. Sprocket should walk that far. He promised he would take it slow and the minute he felt like he was tired, we would turn back. I wasn't looking forward to this because we were walking during the hottest part of the day.

We took a very slow, leisurely pace. When we got to Ernie's Walk, he said he felt fine and didn't need to rest. He tried the set of 16 steps down to the river walk. He said he wanted to see how he could balance on his own. I didn't hold his arm and he did fine.  We got to the other end of the river walk and he said he still felt good. He wanted to take the stairs up. This is a shorter set of stairs, only 10 steps. They are not standard house height steps, but shorter. 



At the top of the steps is a ramp loop around the Ernie's Walk sign above, back down to the river walk path.


He then came around the loop back down to the path and told me he wanted to take the steps again.


I wanted him to take it slow but he said he wasn't tired, he wasn't winded and he felt fine. He did this loop about seven or eight times, and then he told me he was ready to head back. During the last loop, he tried moving up the steps very fast.


We walked back towards home along the street level this time.  When we got to the first set of stairs at the beginning of the walk, he said he wanted to go up the first set of stairs this time. We walked down a ramp at this end and stopped to looked down at the river. We saw a lone Heron hanging out under the street overpass.


Then Mr. Sprocket tackled the steps back up. Here he is at the middle landing of the stairs.



The total distance of our walk was 1.2 miles. Mr. Sprocket was very encouraged by what he could do and the fact that he wasn't winded and didn't need to stop to catch his breath.

Later that afternoon, he got a call from the Bakery. One of the freezers his industry friend had serviced for him a few days before was acting up, and something else, the oven was making a new noise.  Mr. Sprocket talked the owner through what they needed to do with the oven. The freezer was cooling, however, it was only holding 10 degrees F, but no lower. Mr. Sprocket talked with the owner about what they might plan to do.  Mr. Sprocket and I talked about whether or not he felt he had the energy to stop at the Bakery and just take a look at things.

I needed to go to the fabric store to pick something up for an order, and I suggested that Mr. Sprocket put a set of gauges in the trunk and go with me. If he felt like stopping at the Bakery, we would. Mr. Sprocket already had quite a few tools that were in the trunk of the car when he had his heart attack. I had left them there.

We got ourselves cleaned up and headed out to Jo Ann Fabrics at Porter Ranch.  I was just about to get on the 118 Freeway west when Mr. Sprocket received a service call from another client he's under contract with. This client rarely has problems. With this client, (a small film industry related school) he had just performed the quarterly periodic maintenance on all the equipment the day before his heart attack.  One of the classrooms was down.  Mr. Sprocket and I talked about whether he should call his buddy to take the call.

This client did not know Mr. Sprocket had gone through a heart attack. He decided he didn't want to tell them.  We talked through the pros and cons of him going on the service call to see what was wrong.

Mr. Sprocket said that since he felt so encouraged by his step climbing, he felt that, if he had to climb a ladder to get on the roof, he could. That was the key issue that made him think he could handle the call. I told him, okay, but if he had to go on the roof, he could not carry anything up the ladder. I would have to do all of that. He speculated that a blower motor had gone out. He said he had one at home, and if that was it, it was something that "I" could carry up the ladder and he could install it.

This customer has seven units. Four of the compressors are at ground level behind the building and three on the roof. When we get there, Mr. Sprocket realizes that the unit that is down is one on the ground behind the building. Fantastic. It could still be the blower motor, but I was really encouraged. Possibility of no roof work. When Mr. Sprocket realizes which unit is not working,


he has a very strong suspicion what the problem is. He goes over to the fuse box for this unit. The fuse box is behind a duct.


Mr. Sprocket takes the fuses out and tests them. Sure enough, the fuses are blown. This same problem has manifested in this unit before. However, a dead compressor can also have the problem of blown fuses. The only way to make sure, is to put new fuses in and turn it on. Even if it was a compressor, Mr. Sprocket said the compressor in this unit is small and he felt that I could lift it out of the car, if we had to get a supply house to open and sell us a compressor.

We had to go back to the house to get fuses. Mr. Sprocket didn't have any in the several bags that were in the trunk of the car.  On our way back home, we would be passing by a different Jo Ann Fabrics store. I was ecstatic because I would be able to pick up the items I needed before the fabric store closed at 6:00 pm.

Mr. Sprocket also said that the unit needed a timer, and this problem wouldn't happen again. He doesn't know why he hasn't put a timer in this unit before, since this has happened about four times over the past several years. Mr. Sprocket said the thermostats this company has are not great thermostats. They are old fashioned, and not newer equipment. What he believed happened was, the thermostat is turned off. Within 20 seconds or more, it's turned back on again. Most air conditioning compressors won't start again until at least three minutes have passed. This is to protect the compressor from demanding a surge of current. When the customer turns the unit on again, without a wait time after it was turned off, it blows a fuse. The fuse protects the compressor from too much current.

Mr. Sprocket gets new fuses and a timer he has in stock. The timer will be set to delay the unit from coming on for three minutes after the thermostat calls for cooling.  First Mr. Sprocket installs the fuses to see if the unit will run.  Success! The unit starts. It was just the fuses and not the compressor. Then Mr. Sprocket installs the timer.




As you can tell, I got to sit in the car most of the time while he did all the work. I only had to find a few tools in the trunk of the car for him. We packed up and then Mr. Sprocket went inside the business and wrote up his bill. Three hour service call (door to door on a weekend) and we were on our way home.

After this long day, Mr. Sprocket said he was too tired to stop by the Bakery. That was fine, since they hadn't called back again.

8:23 AM
I'm at the downtown  criminal court building with Mr. Sprocket. A few minutes ago, DDA Daniel Akemon and an assistant quickly passed and entered Dept. 105, Judge Bowers courtroom. I believe they are both working on the case of Damascio Ybarra Torres who shot some doctors at Cal USC Medical Center., sometime in 2003 or 2004.  DDA Akemon was just assigned to follow that case. It's a complicated, mixed sentencing case. Then DDA Akemon heads down to Dept. 109 to get a new date on the Tersargyan case.

DDA Craig Hum, who is prosecuting the Brown case arrives with an assistant. When Dept. 107 opens, DDA Hum and his assistant head in side.

8:32 AM
Mr. Sprocket and I head into Dept. 107.

Brown is already here, sitting at the defense table.
He’s sitting in the chair at the end of the fable so he’s facing us.

Patty Brown is here in the second row. Her body is turned facing toward her husband.  She hands a paper to the bailiff, and the bailiff hands the paper to him.  Brown is wearing black, horn rimmed glasses.

The bailiff leans in to answer a question Brown has. DDA Hum and the court reporter are chatting. This is the earliest that Brown has been brought up, but Judge Lomeli is in trial at the moment so I’m sure that’s why it’s happening so quickly.

I ask Judge Lomeli’s bailiff (the same bailiff I first met in 2007 during Spector 1) if Gargiulo has been brought up yet. He calls and checks for me. No, not yet.

I’ll leave the courtroom in a few minutes to cover the Gargiulo hearing and Mr. Sprocket will take over taking notes on this case.

UPDATE 1:15 PM
Mr. Sprocket and I are at Olive View Hospital so that he could register for a Cardiac Rehab Program and to get some additional blood tests.

I thought I would give a quick update on Gargiulo. When he came out of the holding area, he was completely bald. No side burns, no mustache. No facial hair whatsoever.  It was a stark change.

I also obtained a copy of the prosecution's motion that was filed today. This motion is to introduce at trial, crime scene evidence and expert testimony from a retired FBI Behavioral Analyst, Mary Ellen O'Toole.  You can read the motion, HERE.

To be continued....

I'm sorry I haven't updated everyone on how Mr. Sprocket is doing for some time.

When I last wrote, Mr. Sprocket was doing great on his morning walks and had just finished a service call for one of his contract clients.

Tuesday, June 24
we took an even longer walk in the morning than the day before. Then Mr. Sprocket got a call from the Bakery. The two door freezer was not working.

Instead of calling his friend, Mr. Sprocket thought he could figure out what was wrong and fix it with my help. He suspected it was the defrost timer.  Luckily, he had a spare on his truck. He loaded up the trunk of the car with tools and parts and we headed to the Bakery.  The evening baking shift didn't start until 6 PM so he could take his time.

This was the first time Mr. Sprocket stood on a ladder.  He did fine.





And when he got tired, he improvised.


Although the new defrost timer was a tight fit on the old box, I handed him tools and he was able to get the new timer installed.  He did start to feel weak at one point, but after a while he realized it was because we had missed lunch. His blood sugar was just low, not anything to do with his heart. We stopped work and went to get something to eat.

Wednesday, June 25, 9:30 AM
This was his first appointment with his cardiologist, but it wasn't an appointment like what we were expecting.  After the initial assessment of him, (about five minutes), we were directed to a room with many other people. We were supposed to bring all of Mr. Sprocket's medications. We didn't know that, but I brought his medication list he was given from Providence St. Joseph's when he was discharged.

We listened to an RN give a lecture on "Managing Your Heart Failure."  Mr. Sprocket really didn't end up in the hospital from congestive heart failure. He had a heart attack. After the lecture, a dietitian explained to the audience how to read a food label and figure out if the food you are eating is high in sodium or not.

It was basic, general information, 95% of which we already knew. After the lecture, the cardiologist and the registered nurse practitioner came around to each person, looked over their medications and had a few words with each person.  And that was it. There was information on how to get your medications refilled, and not to wait until they had run out.

Mr. Sprocket was not impressed with the female cardiologist at all. She took his pulse for about 30 seconds, told him his heart rate was too high (74 or 75) and doubled his beta blocker medication. (It was quite low to begin with.)  She had very little information about his case from Providence St. Josephs. She did not have his prior echo cardiograms or the results of any blood tests, but I guess she thought she had enough information about him to assess him.

She did agree (after pressing into his shins) that he did not need the diuretic so she discontinued that medication.  And that was it. The cardiologist was with him about a minute or two at the most. The nurse spent more time with him.  The nurse did agree that he could get into a cardiac rehab program.  They scheduled an echo cardiogram for August 25. Mr. Sprocket pressed for another echo cardiogram that day. The nurse said she would try to slot him in. They might have an opening in the afternoon.

We brought our lunch and ate in the cafeteria. After lunch, we tried to register for the cardiac rehab program, which is in the physical therapy department. We stopped in, but they needed time to asses him. However, he also had to get to his first appointment with his primary care doctor.  We thought that we might be able to come back later.

The primary doctor was a young Asian intern. That was an interesting appointment where he took a long medical history. Mr. Sprocket was able to get him to prescribe a sleep aid, just not the one he wanted.  He also agreed to test his kidney and thyroid function numbers again. After that appointment, Mr. Sprocket got the call from Cardiology that he could get an echo at 3 PM.  He races up there while I want for 35 minutes for the nurses to get his orders for the labs printed out.

I then head to Cardiology. 


I ask the front desk how soon he will be done with the echo, since the Physical Therapy department closes at 4:00 PM.  At 3:20 PM, they assure me he will be out in a few minutes.  He's not done with the echo until 4:00 PM so we miss getting him on the schedule. 

I'm way too tired from being at the hospital all day. I'd had it. I told Mr. Sprocket we were going home and he could get his blood drawn for the thyroid and kidney tests another day.

Thursday, June 26
We got a good walk in in the morning. Mr. Sprocket stopped by the Bakery to check on the freezer. It was fine. He also received a down payment to order a door seal on another freezer that the health inspector required.  I had a big sewing order due on Saturday so I spent the day sewing and Mr. Sprocket spent the day cooking.  I was up late into the night, making progress on several Market Line bags.

Friday, June 27
Mr. Sprocket went to court with me and helped cover the Cameron Brown hearing. (I still have my notes to write up on the Brown and Michael Gargiulo hearings. From the little I saw of the Brown hearing, it didn't appear Judge Lomeli was very happy.)  After court we headed to the hospital so Mr. Sprocket could register for physical therapy and get his blood drawn.



In the physical therapy department, he was given some simple exercises. It was then he realized that his right leg (the one that had the Impella up the right femoral artery, and is his dominant leg) is quite weak. He had difficulty just lifting his right foot off the ground from a sitting position. It was a little wake up moment as to how much conditioning he has lost.

So now he knows what he needs to concentrate on. Rebuilding leg and arm muscle!  He will get physical therapy once a week starting July 30. That was the first available appointment/time. If he misses two appointments, he is rejected from physical therapy.

After the PT department, we stopped into the Cardiology department to see if he could get the ejection fraction results of his echo cardiogram and also to see if he could drive.  When he left Providence St. Joseph's, Cardiologist #1 (who saved his life) told him he couldn't drive for a month.

The cardiologist and nurse practitioner were very busy but they did send a note out to the front desk that his echo cardiogram was "normal."  His ejection fraction was 50-55.  This was fantastic news.  Normal hearts have ejection fractions ranging from 55-70. Mr. Sprocket was given a note that he was cleared to drive and that there were "no restrictions" on him.

The only issue that Mr. Sprocket has been having has been the insomnia. Mr. Sprocket has a terror about not being able to sleep and one of the main side effects of beta blockers is insomnia.  Insomnia can raise your heart rate. Mr. Sprocket's beta blocker that was prescribed by the #1 cardiologist, a generic for Coreg, is not only a beta blocker but also an alpha blocker, which also causes insomnia.

The medication worked great, caused him virtually no problems, except that sleep was elusive.  Sometimes the sleep aid would work, and sometimes it wouldn't. Sometimes he tried relying on the Benadryl, but that didn't always work and when it did, it left him quite groggy in the morning.

Saturday, June 28th
It was a marathon day of last minute sewing and driving. Mr. Sprocket met up with his friend who took over his accounts while he was hospitalized. He needed to get his door keys back for several of Mr. Sprocket's contracted clients.  Mr. Sprocket drove me crazy, being a back seat driver while he was on the phone most of the time.

I dropped off my sewing order and Mr. Sprocket got to speak to my friend who runs a cardiac rehab program at a different hospital network. Their partner is a pharmacist. They were very patient and answered a ton of questions my husband had. They both thought Mr. Sprocket's recovery so far was "amazing" considering where he was just a month prior, and the fact that he was only on a single heart medication. (In addition to the heart medication, Mr. Sprocket is on aspirin, a blood thinner, a cholesterol lowering med and a thyroid medication.)

Sunday June 29
Mr. Sprocket worked from 1 PM to 8 PM at the Bakery, fixing a problem with the huge, ten tray rotary oven. I helped by handing him tools. This time, he made sure to break early for lunch.

Sunday night, he had another night of virtually no sleep. Mr. Sprocket spent time on the Internet searching his medications and seeing if he could do an alternative to the generic for Coreg.

Monday, June 30
We took a 2.4 mile walk. Mr. Sprocket can now keep up with me. He downloaded several heart monitor apps onto his phone and monitors his heart rate when he walks.  He had a second night of not great sleep.

Tuesday - Thursday, July 1-3
We took a 2.7 mile walk and Mr. Sprocket had to take a rest half way. He was having difficulty and most likely dehydrated. After we got home, Mr. Sprocket got on the phone to the Cardiology department, hoping to get his beta blocker changed.  He was able to speak to the nurse practitioner and the doctor agrees to change his medication. He will now have just a beta blocker and have nitroglycerin pills only if he gets pain. He starts on the new medication that evening. He is able to get a decent night's sleep on the new med.

The next day, Mr. Sprocket notices that the new medication makes him real dizzy. The medication also makes his heart rate somewhat irregular, to the point that it's difficult to get a consistent reading of his heart rate on the heart rate apps. He becomes even more discouraged. That morning, he doesn't feel he can drive on this medication.

On Thursday, we go back to the hospital. I stay in the lobby while Mr. Sprocket heads to the Cardiology department. He sees the nurse practitioner and asks to speak to her. He gets a very short meeting with the cardiologist and the nurse practitioner.  He was asking about options for another medication. There is some discussion about how much time they are having to devote to him. They mention that his heart function is normal. (I don't know since I didn't speak to them, but maybe they see him as not a high risk patient at this point, that doesn't need the attention they are having to give him.) They recommended that he cut his current medication in half, or even discontinue the new medication to see if his symptoms go away.  He cut his medication back to half.

Friday - Sunday, July 4-6
We had an okay 4th of July, watching the fireworks show down at Marina del Rey.  We took a few walks to look at the boats. Mr. Sprocket had a bit of trouble getting to sleep that night.

Saturday morning, Mr. Sprocket walked by himself since I had a client.  He stayed on our street, close to home, going back and forth around a loop. Mr. Sprocket stopped the new beta blocker to see if his dizzy symptoms disappeared. However, his heart rate went a bit high. He had quite a bit of anxiety about that. Searching the Internet he found out that you're not supposed to quit a beta blocker cold turkey, because it can cause your heart rate to jump. Neither the cardiologist nor the nurse practitioner mentioned anything about stepping down gradually off the beta blocker.  Mr. Sprocket talks about changing doctors, since he's totally disappointed in his care. That evening, he went back on 1/2 the new medication. He had to take melatonin and a benadryl to get to sleep.

And that brings us to Sunday. Mr. Sprocket took 1/2 the beta blocker medication. He did okay during our two mile walk and didn't get dizzy. He didn't measure his heart rate too much during this walk. Later in the day, he worked at the Bakery again, putting in a new door gasket on a freezer.  After he was there for a few hours, he asked me to stop by to help him with the gasket.  He takes a late lunch with me then goes back to work.  His heart rate after eating was still pretty high. We left about 6 PM.  On the way home, he stops at one of his regular, monthly clients and talks to the building manager. I ask him to measure his heart rate. It's 101, still too high. He rationalizes that it's high because he was driving. I tell him that is too high for driving. He realizes that at 1/2 the dose, he's not having any dizziness but the medication is not keeping his heart rate down after some relatively easy work and driving.

Overall, Mr. Sprocket is doing remarkably well. It might take a bit more tweaking of his meds to limit the side effects and to keep his heart rate down.  We've decided that he needs help reducing stress so we've ordered a good supply of Dr. D'Adamo's Catechol, made specifically for Type O's and AB's. You can listen to a short lecture about the product at the link.

Mr. Sprocket is also realizing that it will take some time for him to build his strength back up again to where it was before the heart attack.

Thank you everyone, for all your positive thoughts and prayers.

Friday July 11, 2014
8:10 AM
I'm on the 9th floor of the downtown Criminal Justice Center for another hearing in the Michael Gargiulo case.  As most of you know, Gargiulo is pro per, meaning he is self representing in a death penalty case.  Yes, I know I am behind in getting my trial notes up on Gargiulo's and Cameron Brown's previous hearings, as well as the preliminary hearing of Dawn DaLuise.

Investigator Chris Nicely was already here in the hallway when I arrived.

Earlier this week, the cold case trial of Douglas Gordon Bradford kicked off in Dept. 103, Judge Curtis Rappe's courtroom.  (Larry Altman of the Daily Breeze wrote about the case when the trial started on Monday.) Back in October 2013 at Rick Jackson's Retirement Dinner, I got to speak to DDA John Lewin about when this case might go to trial. At that time, he speculated the case would start sometime in May of this year. He wasn't too far off. I had tried to keep my eye on this case but cases where the defendant is out on bond are a little harder to track. I was hoping I could attend when it started but Mr. Sprocket needed my help on a few jobs earlier this week.  If there is time, I will try to drop in on this trial because I've wanted to attend one of DDA Lewin's cases for some time now.

On the drive in this morning, I was listening to KFI's Eric Leonard's report about the Donald Sterling civil case, over at the Stanley Mosk Courthouse. (Anything involving the NBA is bigger news than a cold case murder.) It appears that case is on hold until July 23.

8:26 AM 
There's quite a bit of activity down at the other end of the hallway.  However, at this end I just saw defense attorney Seymour Amster quickly pass and enter Dept. 106, Judge Fidler's courtroom. Amster is co-counsel on the Lonnie Franklin, Jr., alleged serial killer case in Judge Kennedy's court, Dept. 109. The case Amster might be on this morning in Dept. 106 is a dismemberment case.

8:32 AM
Dept. 108 is open and there are quite a few people from the general public here. I have not seen DDA Akemon or DDA Dameron in the hallway yet.  Attorney's come and go from several of the courtrooms at this end of the hall.

8:37 AM
Judge Ohta's clerk came out and put a sign on Judge Otha's door that they are dark. She was kind enough to let me know that Gargiulo's hearing will now be held in Dept. 107, Judge Lomeli's courtroom.  Judge Lomeli allows reporters to use their laptops so I'm hoping I will be able to use my computer for this hearing.

8:44 AM
DDA Akemon and Sheriff's Detective arrive and stop at Chris Nicely to chat.

8:45 AM
Right afterwards, DDA Akemon asked me how Mr. Sprocket was doing. Mr. Sprocket is doing pretty good. He just needs to build his muscle tone back up.

Inside Dept. 107, I check with the bailiff to make sure I can use my laptop for the Gargiulo hearing.  I can.


In overhearing the conversation between DDA Akemon and Nicely, it looks like they will just put this case over.  Interestingly, Mark Overland and his daughter, Courtney are in the well of the court. Overland defended former LAPD Detective Stephanie Lazarus.

Councilman Richard Alarcon and his wife, Flora Montes De Oca Alarcon, are currently on trial in Judge Lomeli's courtroom on perjury and voter fraud charges. Overland is representing Mrs. Alarcon.

8:52 AM
Another case is called for a pretrial hearing.  In that case, the defense has filed for a 1538 (motion to suppress) hearing and they need to set a date for that.  Defense says it will take 2 hours. September 26th next court date. And that’s it for that hearing.

DDA Dameron is not here today. It's just Akemon and Chris Nicely.  I get to meet the journalist who I saw at the last Gargiulo hearing. It's the fabulous writer, Christine Pelisek who now writes for The Daily Beast.  She’s amazing.  She wrote several wonderful pieces about Lonnie Franklin, Jr., when she was with The LA Weekly.

I was going to drop in on DDA Lewin's case after this hearing but I found out that Dept. 103 is dark today. The Bradford case will resume on Monday. I'll try to come back for that trial a few days next week. It will all depend on whether or not Mr. Sprocket needs my help.

9:17 AM
Gargiulo is handcuffed to a wheelchair.  Two deputies are wheeling him into court via the front entrance. I don't know why Gargiulo is in a wheelchair.  Whenever a defendant is brought to court in a chair, they are not brought into court through the regular holding area between the courtrooms. The deputies use other security elevators to bring in the defendants through the front courtroom doors.

On the record in the Gargiulo case.

Judge Lomeli asks, "I understand that both of you agree to put this over until next Friday?"

DDA Akemon tells the court that he hasn't spoken to Gargiulo directly. He tells the court that Gargiulo is under a time waiver.

DDA Akemon states they are asking to put the case over to next Friday July 18th.

Judge Lomeli tells the parties, "In speaking with Judge Ohta yesterday, it was his intention to set some parameters and deadlines."

DDA Akemon states that they have presented (or filed with the court) their outline for a timeline.

Garguilo then speaks up and tells the court he has an issue. He's trying to seek medical treatment for an injury he sustained in this courthouse. He would like to see an orthopedic doctor. He tells the court that at the jail, "... They're just trying to overdose me on medication. ... I'm trying to see an orthopedic."

Judge Lomeli tells the defendant that he can't write an order for him to see a specialist. "The only person who can do that is another doctor. ... I can refer you to a doctor."

Judge Lomeli asks the defendant if he has filled out the proper form for that. Gargiulo says he doesn't have the form. Judge Lomeli tells the defendant, "When my clerk gets here..." he will get the form for him.  Judge Lomeli asks him to describe his specific complaint. "I'm seeking medical treatment for an ankle injury and a back injury."

Judge Lomeli will set a medical order. And that's it. The next hearing will be on July 18th.


My understanding is, after the last pretrial hearing on June 27th, Gargiulo was taken back to the lower floor jail holding area. His ankle chains got caught in the elevator or the space between the floors in the elevator and he either fell or tripped.

After Gargiulo is wheeled by me I look directly at him. His head is looking down at his lap, possibly reading some papers.  As he leaves, Judge Lomeli addresses his court reporter. "Remind me, ankle and back." She nods her head in reply.

I wonder how long Gargiulo will be in a wheelchair due to his ankle and back injury.  When a defendant is brought into court in a wheelchair, I'm sure it's more interesting for them. They have the possibility of seeing and interacting with the general public because of the short time they are in the hallway.

I head down to the cafeteria to finish my notes then head home.

Post note:
I almost forgot! Gargiulo's head was still bald and his face completely clean shaven.

July 31, 2014 8:20 AM
(I'm behind on several stories due to helping Mr. Sprocket on several project proposals. Sprocket)

I’m in the hallway of the 9th floor. I see a familiar face. It’s a pleasant looking be speckled man with white, balding hair. I think he is a defense investigator, but I can’t remember which case I’ve seen him on before.

He asks me which case I’m covering and I tell him Brown. I tell him that I’ve seen him before, but I apologize that I can’t remember his name. He is Scott Ross' (no relation) Cameron Brown's new investigator.

Brown's wife Patty arrives and she asks to speak to Mr. Ross privately.

There are jurors milling about in the center of the hallway.  A reporter comes down looking for Dept. 109. I direct him to the other end of the hallway.

I'm betting that Brown will rescind his pro per status today.

8:42 AM
DDA Hum comes quickly down the hallway.

Inside the courtroom, and off the record, Mr. Ross tells Judge Lomeli that it looks like, as of last night that Brown will rescind his pro per status.

There is a little, silver microphone flag on on top of the microphone on Judge Lomeli’s desk.  It says “NBC,” and is probably some type of memento of Judge Lomeli’s. I don't know how long the little flag as been there. This is the first time I noticed it.

Judge Lomeli asks whom everyone is in the courtroom. When he looks my way, I freeze for a moment then say, "Betsy Ross, Trials and Tribulations."

The investigator asks to go see Brown. The bailiff tells Mr. Ross that he can't go back there anymore.  It appears it's a security issue that happened with another defendant in another case.

Judge Lomeli asks the bailiff to bring Brown out into the courtroom (once Brown is up on the 9th floor) and he will give the investigator a few minutes with Brown and then they will have their hearing.

Mr. Ross is an author. He told me he's written two books and is working on a third. Ross worked on the Brown case back when Mark Geragos and Pat Harris were still in a partnership.

The pretty black female Sargent deputy arrives and the bailiff and her go back into the custody area.

Attorneys come in and start to set up for the case that is currently in trial, People v. Brian Reid. The DDA prosecuting Reid and

Brown is brought out and Ross goes up into the well to sit with him. I leave the courtroom to publish this update.

8:59 AM
left the courtroom, Brown tells the court that he has motions he’s filed.

Patty Brown comes out in the hallway.  She addresses DDA Hum, “The bailiff said to let you know that they are ready.”

Back inside the courtroom, Ross sits with Brown at the defense table. Judge Lomeli takes the bench. Judge Lomeli calls the case on the record. He asks the parties to state their name for the record.

Judge Lomeli states, “Today we are at zero of 60. I contemplate a jury date of pre-screened jurors, a panel to be (arraigned?) for sometime in February. That should be ample time to get this case ready. ... Coupled to with, you [defendant] wanted pro per status, that comes out to 10 months.”

This means, Brown would have had 10 months to prepare for trial since he obtained his pro per status.

Judge Lomeli addresses the defendant. “I see you’ve filed some motions.” He then asks Brown, “Is it correct that you would like rescind your proper status?”

Brown first asks the court if his former counsel Aron Laub could be here. The court informs Brown that since Mr. Laub is “stand by” counsel, there is no need for him to be here. He automatically becomes the counsel of record.

Judge Lomeli asks Brown again if he gives up, relinquishes his pro per status.

Brown replies, “Yeah, I’ll give it up.”

The court reiterates that he still sees this trial starting sometime in February of next year. The court tells Brown that he will read the motions he’s filed.

DDA Hum brings up a couple of issues. “Since he does no longer represent himself, ... It’s unclear if Mr. Laub will want to go forward with those motions before we proceed ...
before we go through the process of responding to those motions.”

Judge Lomeli states that it will have to be up to Mr. Laub to decide if the motions are (feasible?) and (whether or not) to forward with those motions.

Brown speaks up. “When I filed those motions they were mine.”

Judge Lomeli responds, “Timing has nothing to do with it. ... Once you relinquish your proper status ... I’ve already made some appointments, ... it is all up to him [Aron Laub] ....”

Whether these motions will stand will depend on Mr. Laub.

Judge Lomeli continues and states that Brown’s new investigator will remain on the case. “You seem to be familiar with your investigator.”

As far as a next court date, Judge Lomeli asks the parties, “Why don’t we bring him back in September.”  Judge Lomeli also adds, “I want have a conversation with Mr. Laub about these motions and about proceeding with this case in February.”

I believe Judge Lomeli addresses his clerk, stating, “Ask Mr. Laub to notify my office if he decides to proceed on these motions.”  Judge Lomeli also asks his clerk notify the DA as to Mr. Laub’s position on the motions Brown just filed.

Judge Lomeli picks a date of September 25th. He explains to Brown that the case will be set at 0 of 60 on that date, but that doesn’t necessarily mean he will go to trial in 60 days.

DDA Hum brings to the court attention that Investigator Ross remaining on the case may be up to Mr. Laub; if Mr. Laub is comfortable with him, given that this is Mr. Laub’s

DDA Hum continues, “I know that Mr. Ross has contacted our investigator and detective informally.” I believe Hum states the inquiry was regarding discovery and additional witnesses. “Any requests for discovery should come through the attorney and not through informal contacts with detectives.” Hum asks the court that all discovery be formal and memorialized in writing.

Investigator Ross addresses the court. “I’d like to add that the court was aware that I was meeting with Mr. Leslie and that I was asking about discovery.”

I believe the court acknowledges this then states, “From now on, let’s do everything in writing and memorialized.”

Regarding the aspect of whether or not Mr. Ross will stay on as investigator, Judge Lomeli states, “The court is inclined to keep him. ...I specifically appointed him because he is familiar with the case.”

The court then talks about the prior investigator, Mr. Royce, and that Brown had directed this investigator in activities that he was unable to follow, because they were unreasonable requests to follow. Judge Lomeli states that he placed all of that on the record in June.

Judge Lomeli tells the parties, “I’m inclined to keep Mr. Ross on.”

DDA Hum replies, My only concerned is Mr. Laub be comfortable in his ability to represent the defendant. Other than that, I have no interest.”  Judge Lomeli responds, “The court will discuss it with him.”

Investigator Ross tells the court that he’s been in communication with Mr. Laub.

And that’s about it. Judge Lomeli tells the parties, “See everyone on Sept 25th.”  Judge Lomeli then addresses his clerk, David to notify the DA about the motions and to keep Mr. Ross on to work with Mr. Laub.

Douglas Gordon Bradford
After I left Dept. 107, I headed down to Dept. 103, Judge Curtis Rappe’s courtroom, where the Douglas Gordon Bradford case is being tried. Bradford is charged with August 29, 1979 murder in the death of a Canadian nursing student, Lynne Knight, 28.

I had hoped to attend more of this trial but it just didn't work out with my other responsibilities. Since I was down at the court already, I thought I would drop in. Bradford was arrested in 2009 and has been out on bond ever since. It's taken that long for the case to come to trial.


The trial kicked off with opening statements back on July 7th. Deputy District Attorney John Lewin is prosecuting the cold case. Well known defense attorney Robert Shapiro (of O.J. Simpson fame) and Sara Caplan (one of the attorney’s who originally represented Phil Spector) are defending Bradford. I remember seeing Sara Caplan testify in an evidentiary hearing in the first Spector trial. 

When I enter Dept. 103, I see a very large piece of electronic equipment and wires taped to the floor in the ante chamber. Once inside the courtroom proper, there is an area in the back row of the courtroom that is walled off with screens. There are two scruffy looking cameramen monitoring computer screens. One cameraman is wearing a baseball cap that says, “NBC Nightly News.” There are two large boxes attached to the wall above the jury box. The case is being filmed, but it’s not live streaming. The last case I’m aware of that was live-streamed from the downtown courthouse was the first Phil Spector trial in 2007.

The prosecution has rested it's case in chief and the defense case has already started. DDA Lewin is cross examining a defense expert, Mr. Rosenthal, who is a meteorologist.

In the first row of the gallery is empty except for two people, and older frail-looking couple. It's a good bet these are the parents or other family members of the victim.

More notes to come on the Bradford trial....

As some of you know, several things have kept me from catching up on several cases I've been following. 

I've been crazy busy helping Mr. Sprocket get back to work full time (he's doing fabulous, by the way) as well as several house and car projects that needed my attention.

You can see some of my recent hard work at my sewing machine, since I'm kicking off my Market Bag Madness Sale 2014 today.


I'll be getting back to writing about Michael Gargiulo, Cameron Brown, Dawn DaLuise and Joshua Woodward in the next few days.

Thank you everyone, for your patience.

UPDATE 9/29 3:45 PM Correction to Gargiulo story

UPDATED 8:00 PM Added notation on Gargiulo's appearance.
UPDATED: Added photos

September 25, 2014
Mr. Sprocket came to court today to take notes for me on the Michael Gargiulo case. It’s partly a favor for all help I’ve been giving him, but mostly because he has recently acquired a new client, a series of restaurants and one of the locations is in downtown LA. After court he will introduce himself to the restaurant manager and see what the parking situation is like for the White Whale Work Truck.

For those of you who have been asking, Mr. Sprocket is doing fantastic since his heart attack May 30. He has even weaned himself off of two of his medications. We are both very grateful for all the love and support send our way.

Deciding Where to Start
We first step inside Dept. 108. I greet Gargiulo's two investigators, Chris Nicely and Christian Filipiak who are sitting in the back row. There is a preliminary hearing in progress on another case that Filipiak is assigned. There are several members of the public in the gallery for the prelim. I inquire with Filipiak if Gargiulo will be filing any motions today. Filipiak is not aware of any. It's a good guess that the case will just be continued because of the prelim.

I see DDA Garret Dameron in the well of the court, but I miss catching his eye. DDA Daniel Akemon hasn't arrived yet. I tell Mr. Sprocket to move up to the second row when Gargiulo comes out.  He moves up there imediately. I'm hoping he will take good notes, but this is Mr. Sprocket. Note taking is not his forte.

I then leave Dept. 108 for Dept. 107 for the Samuel Little sentencing and the Cameron Brown pretrial hearing.  I know that in Dept. 107, I will be allowed to use my laptop for both cases.

Samuel Little Sentencing
I had previously attended a pretrial hearing in this case in January. I was hoping to attend the trial, because I've always wanted to cover one of DDA Beth Silverman's cases. Real life responsibilities meant it didn't work out this year. Silverman is co-prosecuting Lonnie Franklin, Jr., aka the "Grim Sleeper" with DDA Marguerite Rizzo, so there is a chance I may get to attend one of her cases in the future.)

Samuel Little, who accumulated rap sheets in 24 states over a 56 year period, was linked to the murder of three women by DNA. Little was convicted on September 2, 2014, of the cold case murders of Carol Alford, 41, Audrey Nelson, 35, and Guadalupe Apodaca, 46 from July 1987 to September 1989.

Inside Dept. 107. I note there is a new court reporter. DDA Silverman is here. Judge Lomeli is behind his clerk, David's desk. He is not in his robes. There are signs on the rows in the gallery. Second row for media; third row for the public. The victim's families are in the first row.

DDA Craig Hum, who is prosecuting Brown, is chatting with a younger blond woman in the well. I believe it's one of his clerks or an intern. Attractive LAPD Cold Case Detective, Mitzi Roberts is also in the well. Detective Roberts use to be partnered with Rick Jackson, who is now retired.

Now Beth is chatting with members of the victim's families. Some of the women in the first row are wondering if they can show photos of their loved ones. Yvonne, from the DA's office is standing right beside Beth. At some point, Beth is sensitive with the women in the front row. She shows them where they will stand at the podium, and that she will be standing right beside them while they are giving their impact statements.

There are three cameramen in the jury box, one of them being award winning photographer Nick Ut, from the Associated Press. Most judges allow the filming of sentencing, so I'm not surprised that there is a camera here.

There’s a bit of chatter between Beth and a few people in the gallery second row. Another camera operator shows up with his equipment and joins the other photographers in the jury box. The defense attorney comes out from the holding area. Media reports indicate Little's attorney is Michale Pentz, a be-speckled, slightly graying, youngish looking man.

DDA Silverman is now chatting with Detective Roberts, and DDA Hum listens, smiling. Judge Lomeli’s bailiff is giving instructions to a second bailiff. It appears he is pointing out family members to him.

9:51AM
The bailiff gives notice to people to turn their cell phones off. Judge Lomeli comes out in his robes. The defendant is in a wheelchair, in a brown dark green jumpsuit. Court is called to order. People v. Samuel Little. The court indicates the parties are here for sentencing. "I understand there are certain individuals who want to address the court?"

Mr. Pentz informs the court that the defense does not want to be heard. The court indicates they will proceed with impact statements. Little's defense attorney Mr. Pentz had turned his chair around, so that he can give his full attention to Ms. Nelson while she makes her statement.  The first woman stands before the podium. She states her name, "Sherri Nelson, Audrey Nelson's sister. ... Audrey's life was taken August 14, 1989." 

She pauses. Beth is there to support her. "I never dreamed this would be my sister's story. ... I remember Audrey as a loving and caring sister. ... She doted over me as I was 10 years younger. ... She had a degree in cosmetology. ... She would fix my hair in [braids?]?" 

She disappeared, and the family didn't hear from her for over four years. At some point, they learned she was a prostitute. More years passed and they got a call that she had been burned in a fire. 70% of her body had third-degree burns. Audrey recovered and had a daughter, Pearl, that her parents adopted.

Sherri continued, "I received a call in August of 1989, to positively identify my sister. ... She had burn scars I told them ... that matched the coroner's report. ... I cannot image the tragedy that [befell my sister??]."

As I watch Sherri give her impact statement, her left hand, holding her written statement, shakes uncontrollably. She continues to read her statement quickly, and I can't keep up with it.  She starts to sob. "This was never supposed to happen. ... I hope to God I never have to bury a child of my own."

She had a conversation with her brother about contacting the LAPD Cold Case unit.  Within days of that (conversation?) they received a call that there was a DNA match.

I watch the expression on Beth Silverman's face. She looks quite sad. Sherri thanks the detectives who worked on her sister's case. Tim Marcia, Rick Jackson, Mitzi Roberts. She also thanks Yvonne [Santiago?] "...who without her support, would be impossible."

Ms. Nelson mentions that she is here with her mother, but I'm not sure I see Audrey's mother in court. Sherri states that Audrey ".... was a very agile and athletic child. She took tap and ballet and that she was very graceful. ... She worked on the farm and milked the cows and was very gentle with them. ... Whatever Audrey touched, it turned to beauty. ... Her father went to the grave not knowing who took his daughter's life." Beth Silverman interjects and asks Sherri how old Audrey's mother is. "Eighty-nine," Sherri answers.

Sherri then reads a statement from her brother, whose first name I miss recording.  The brother's statement mentions the time they lived on the farm together, and about the wonderful times he had with his sister. "Innocent times, that he will always cherish. Audrey was only one year older."  The brother's statement also thanks the detectives by name.

These victim impact statements are painful to listen to, and it's always been difficult for me to remain detached, and not let the tears form in my own eyes. I'm rarely successful.

Sherri is finished and another woman stands in front of the podium to speak. It's Audrey's daughter, Pearl Nelson.  "My name is Pearl Nelson. Audrey Nelson is my mother. ... She's a beautiful soul."  Pearl then tells the court about her mother. "She had a heart attack. ... She was badly burned in a fire. ... She gave birth to me. ... I was in her arms for a year before she gave me up to her parents. ... she did this to give me a better life. ... I was 13 when the police showed up and that she had been murdered. ... and no one knew who had done this. ... What I do know is that I responded to her and I missed her daily. ... She loved me and I loved her and a reunion had been taken away from me."

I believe Pearl then states that Audrey had two other children that are unknown to her.

"I have a 9 year old daughter who I have named after her," Pearl adds. "I'm here for all the other families like me who are broken, damaged by Samuel Little. ... This brings me closure today, to see him sentenced and to go away. ... And this is a great justice that has been done."

The next woman steps forward and is asked to state her name.

"Lori Burrows your honor. ...I'm one of the few survivors. I didn't have anything prepared today. ...
So many beautiful people who have lost so much. ... I so sorry to everybody here, who have lost so much. ... He will not rob us any longer. ... I claim this back in Jesus' name."

Another woman steps up to the podium. It's Guadalupe Apodaca's niece.

"Diana Flores, from [?] ... I was was the first family member, [?] ... came to me with photos of Guadalupe. ... I didn’t have a clue. I knew her, and she didn’t deserve to die the way she died.
And my nephews didn’t deserve to grow up without a mother."

Diana sobs. (Even as I write this, I am back in that courtroom, listening to the family members cry.)

Diana continues, "But I know he won’t hurt nobody ever again."

Another woman steps forward and states her name.

"Mary Louise Frias. ... The man that that took my godmother, my mother's sister."

I believe at this point, after Ms. Frias tells Little that he has no soul, Little speaks out, "I didn't do it!" I believe Judge Lomeli addresses Little.

Ms. Frias continues, "God will judge you and he will be there. ... Thank you for all the hard work you've done to bring this man to justice. If it wasn't for the DNA ... we wouldn't be here today."

A man steps up to the podium. He states his name is Tony Zambrano and the son of Guadalupe. He looks over at Little and gives him a very hard stare. "I'm here to tell this piece of shit, you fucked up!"

I believe Judge Lomeli admonishes Mr. Zambrano about his language.

Tony continues, "You took something very dear to me. ... Like I said you messed up big time. ...
I’ve been looking for you for a very long time. ... I have friends in prison."  Little says something back but I'm not quick enough to get it. Mr. Zambrano yells back, "You hurt my mom! ... Fuck you!"

Little angerly responds, "I didn’t do nothing to your mom!"

More angry words are exchanged between Little and Mr. Zambrano. Mr. Pentz leans in and speaks to his client. It appears Little wants to address the court. I'm not sure who says it, possibly Little, but someone says, "I'm just going to tell the truth." Judge Lomeli addresses Little, "Just read your statement sir."

Little speaks out, "This conviction was brought on by lies, and liars coached by liars." Little then states something to the effect that he didn't get a fair trial because there was evidence that wasn't allowed in. Little also states that he was labeled a serial killer with no bodies. That this was a lynching based on speculation and that there was no proof.  Little mentions shoe prints and ring marks along with other evidence that he states was withheld from the trial.

Little's rant is over and Judge Lomeli moves onto sentencing.  Little was convicted of three murders and the special circumstance of multiple murders. Judge Lomeli sentences Little to three consecutive life sentences without the possibility of parole. That, in occurrence with special circumstances, he will compose consecutive sentences. Judge Lomeli reads the rules of the court to explain the continuing circumstances, mentioning the exceptional cruelty that his victims experienced. Judge Lomeli stated there were no mitigating factors. Three consecutive life terms, one for each count.

The court then continues with the fines that Little is ordered to pay and that he is to provide DNA samples. Judge Lomeli and Mr. Pentz go over the credits that Little acquired while in LA County custody. Mr. Pentz has calculated his credits as 624 days.  Mr. Pentz states that he has already filed Little's appeal. There's nothing further from either party and the court states that they are in recess.

As Little is wheeled back into the jail area, he raises an arm in defiance. Family members in the gallery applaud as he is taken back into custody. Detective Roberts hugs many of the women and there are smiles and congratulations. Silverman informs the gallery that there will be a press conference on the 12th floor with the families. I'll have to miss that because the Brown hearing is next.

Samuel Little Sentencing Media stories
LA Times - South LA Serial Killer Sentenced (Includes photos of family members)
CBS News - CrimeSider
Gulf Herald/AP
ABC News (video of some of Little's statement in court, family speaking to the media)


Cameron Brown pretrial hearing
After most of the people file out, Patty Brown, Cameron Brown's wife enters Dept. 107 and takes a seat in the second bench row near me. Patty asks me about the hearing. I give a brief explanation of the Little case and that this was his sentencing. Patty replies, "Well, happy they convicted someone who is actually guilty." I took this as a reference to her husband, whose innocence Patty firmly believes in. Patty, noticing my laptop shows me her laptop in her purse. She notes that mine looks “very light.” I explain to Patty that my laptop is a MacAir.

Aron Laub comes out from the back chamber rooms and take a seat at the defense table.  Judge Lomeli's bailiff starts to wheel Samuel Little out and Mr. Laub temporarily moves to the jury box.

DDA Hum grees Laub. "Mr. Laub. How are you, sir? ... What are we doing?" Laub speaks so softly I miss what he replies. The defense investigator, Rick Ross is not here today. It appears Hum and Laub go over their calendars, deciding on a mutual date to return. Judge Lomeli, Laub and Hum speak off the record.  I overhear a date. They decide on November 7th. Counsel and the court discuss possibly calling for a jury in late February and having the trial start in March. Three bailiffs are in the courtroom, preparing to bring Brown out. There must be a Sargent present, each time Brown is moved from one place to the next. I then overhear something about picking a Thursday, and then a new date, the second week of March 2015 for jury selection.

Judge Lomeli asks counsel, "How long this thing will last?" DDA Hum replies, "Six weeks." You can see that Judge Lomeli is surprised by the look on his face. "Really! That's a long time." I believe DDA Hum replies, "That how long the last trial..." There is a bit of banter and someone, possibly the clerk states "five-and-a-half" weeks. Hum jokingly replies, "What are you, Judge Perry?" As I saw during the Stephanie Lazarus trial, Judge Perry's reputation for efficiency is well earned.

Judge Lomeli asks if the case will be a "battle of the experts." Hum replies, "Certainly, that will be an aspect." Judge Lomeli asks for a date in November to bring him (Brown) back and to make the November date zero of 60. They will then tweak that, to go into March.

Judge Lomeli and DDA Hum chat a bit about what other cases Hum has in Lomeli's courtroom. Judge Lomeli comments on the defendant he just sentenced and then reminded counsel that they agreed to a pre-screened jury. Judge Lomeli asks Mr. Laub to sign the pre-screened jury document.

9:35 AM
Brown is brought out and the cases goes on the record. I believe Judge Lomeli addresses Brown. It's something about a "threat of motion" after Mr. Laub was reappointed to his case. I believe this is in reference to what happened at the last pretrial hearing. The court states that he will deny Brown's motion, because he had already relinquished his pro per status. Judge Lomeli tells Brown that it appears to the court that Brown is trying to manipulate the system, and the court is not inclined to afford you any rights to represent yourself.

Judge Lomeli states that he had planned to go to trial in February, but the defense investigator is not available and won't be available until the second week in March. Court orders March 12, 2015 for pre-screend jury selection.

Brown speaks up. He thought the trial was going to be in April.

Judge Lomeli informs Brown they are going to bring him back on November 7th.  Judge Lomeli informs Brown of his rights, that he has a right to proceed to trial in 60 days. "Do you agree for now to bring you back on November 7?"  Brown replies, "Before I anser that, I would like to comment on ... I have a right to comment on my attorney." Judge Lomeli asks, "What y do you want to commet on?"

Brown explains, "The reason I went pro per ... the problems I had with the attorney. ...
It feels like I was working on the case more than he was."

Judge Lomeli states that this sounds like a Marsden issue, and he asks everyone to step outside the courtroom. When a defendant makes a Marsden motion, the prosecution and general public are excluded from the hearing.

Everyone moves out into the hallway. I ask Mr. Sprocket to update me on the Gargiulo hearing. Mr. Sprocket took horrible notes, and he's of no help. I'll have to find out what happened from other sources.


Judge Lomeli's bailiff comes out into the hallway and speaks to Hum. Apparently, Brown had to be removed from the courtroom. Patty Brown is confused, up in arms. She doesn't understand what has happened.
Deputy came out and told Hum that brown had to be removed from the courtroom.

Patty is confused, up in arms. She doesn’t understand what has happened. We file back into Dept. 107.

Brown is back in the holding area. I'm not positive, but I believe he is listening to the proceedings over a speaker system. Judge Lomeli is going over some facts. "Based on your representation to the court, Brown removed his pro per status on July 31 and you were reappointed." Laub agrees.

It is also noted, I believe by Mr. Laub, that there was a long period of time where the procedures were suspended due to the 1368 hearing. Judge Lomeli continues, "You said to this court you would be ready to go to trial the second week of March [2015].""Yes, your honor," Laub replies.

Judge Lomeli continues, "If an attorney seeks a reasonable [amount?] of time to [prepare?] and it is for the defendant's [benefit?] ... a continuance is over the defendant's objection is justified."

My understanding of what may have happened is, Brown was not willing to waive his right to a speedy trial. Brown must have objected to a delay and wanted his speedy trial. Judge Lomeli begins to cite California statutes for his ruling. The court states that in November, if the status is not changed, if the defense still needs the time, then the case will be continued and that the second week in March is a trial go date.

The court asks Mr. Hum if there's anything from him. Hum states that he was not privy to the proceeding. The court responds that it had nothing to do with Marsden. The defendant refused to waive time.  Judge Lomeli rules that in order to provide the most effective counsel for the defendant, Mr. Laub can't be ready until March.  Based on the cases the court cited, he can't go to trial until March.

I believe Mr. Hum brings up Brown's Faretta motion that was made when he was still pro per. Brown filed a Faretta motion and the court was not inclined to grant the Faretta right to represent himself. In the court's opinion, the defendant is manipulating the system. He's playing games at this point.

The court goes onto explain the Mr. Brown's behavior was disruptive during the private part of the hearing. He continually interrupted the court. He continually interrupted counsel. He failed to obey numerous orders to refrain from interrupting. The court admonished him more than once and informed him that he would be removed.

Judge Lomeli also stated that if this behavior continued, it would be possible that Brown would be removed from the courtroom for even his trial. He would be introduced to the jury but he would have to listen to the trial on speaker from the custody area. Judge Lomeli states they are not near that point yet. Brown has a constitutional right to be here. It was no necessary to remove him until towards the end. But even so, the fact that the court even had to do that is a further reeason for the court to deny pro per status.

Brown failed to obey court orders, further being disruptive. Judge Lomeli will cite other cases to support his ruling. If the defendant behavior is objectionable, the court can deny pro per status. "So that's where we stand at this point," Judge Lomeli adds. "So if nothing changes at this point .... I know Mr. Laub will be working on the case."

Judge will override the defendant's request for a speedy trial.  I believe Mr. Laub tells the court that he is familiar with the case and knows what needs to be done.

The court states that they would prefer Mr. Brown be present for his hearings. The court wishes that Brown's attitude will change during the next court date and that he be present.

Hum states that he appreciates Mr. Laub's statements and asks that, if by any chance, the defense is ready prior to the second week in March, to please notify him and the court.  Mr. Laub agrees and the court states they would be very thankful of that, if the trial could start sooner.

Hum brings up one more issue, and that's a motion Brown filed before his pro per status was relinquished. Hum states he doesn't know if Mr. Laub has read the motion, he only requests that if he wishes to go forward, to please notify the people on that issue. Hum states that the motion is almost identical to the motion that was made at the end of the last trial.  Laub responds that at this time, he withdrawals that motion by Mr. Brown while he was in pro per status. He's doing that without prejudice. The court replies, "Very good." It's now up to Mr. Laub whether or not those issues are viable, and if so, he will refile them. And that's it. Next court date: November 7.

Everyone is getting ready to go and after I close my laptop, Judge Lomeli finally finds the case to cite that he was looking for, People v. Welch, defendant being obstructive.

Michael Gargiulo
Correction: The prosecution did not file a motion.
I consulted court sources to find out what happened in the Gargiulo hearing that I missed.

I believe Gargiulo tried to file a motion or brought up to the court about getting his pro per privileges back. Gargiulo no longer has access to the law library or the phones inside the law library to contact his investigators. Judge Ohta informed Gargiulo that this issue is not within his jurisdiction. Gargiulo has to take that up with the jail. Only the jail can give him his law library privileges back.

Judge Ohta gave Gargiulo two more weeks to file a 995 motion to dismiss.  Gargiulo is ordered back in two weeks on October 10.

And that's it.

Update 8:00 PM: 
I forgot to add that Michael Gargiulo's head is still shaved. It's a reasonable possibility that he shaved his head because of how hot it probably is at the Men's Central Jail. We've had some intensive heat waves here is Los Angeles recently.

GUEST ENTRY BY KZ, a Certified Registered Nurse Anesthetist.

I asked KZ to weigh in on the recent developments in the Jahi McMath case. Enjoy! Sprocket.
T&T''s Jahi McMath Case Quick Links - Case Coverage.

Jahi McMath: Alive Again?
Well, I took one for the team, and subjected myself to watching most of the Dolan Law Firm press conference on JahiMcath last evening. It was an exercise in visual, auditory, and intellectual torture, IMO. I actually quit watching with 30 min to go, and I’m not sure if I have the fortitude to go back and finish it.

Here is a link to the video conference (skip to 13:47 to start—the first 13 min are set up and chatter by media).


Some of my observations:


Dolan had 9 months to prepare for this volley, and IMO, he was woefully unprepared, and tremendously disorganized—which is rather surprising for an attorney. He did have a few nice powerpoint picture slides—ones that any 6th grader could have put together in the 15 min before the press conference. He didn’t have control of his experts by phone, and had no idea what they were going to say, and how far into the weeds they would go when allowed to talk. They rambled on and on and on, and whatever salient points they had were very difficult to ascertain. (Maybe that was the whole point—“baffle ‘em with BS!”)



What I did glean is that the psychologist Elena Labkovsky who did the EEG, actually does not have any experience at all with doing EEG’s for establishing brain death. Her experience with EEG’s is in living patient with significant mental health conditions—which is highly, highly different from traumatic brain conditions. She is not a medical doctor, she is a psychologist—not even a psychiatrist. I highly doubt that she would be qualified as an expert in court for purposes of establishing brain death. Just because she knows how to hook up the electrodes to the patient and the apparatus, does not mean she is qualified to interpret the findings in a case such as this. 



For example, a technician with a high school education can be trained to hook up an EEG or EKG machine, but they are not qualified to interpret the diagnostic test. Reputable medical centers do not use psychologists to administer EEGs to establish brain death, nor do they use psychologists to interpret the findings of EEGs in cases of acute brain injury. There is a place within healthcare for psychologists to consider the results of EEGs in the care of patients with mental health conditions, but this is not such a case, IMO. And as Dr. Arthur Kaplan commented in an article, he could detect some electricial activity in a bowl of jello. (If you doubt this, remember the potato- as- a- battery experiments and lemon battery experiments from grade school?)



Dr. Machado and Phillip Defina talked at length about brain stem function versus higher cerebral activity. This is where the conversation went far into the weeds, IMO. They both seem to embrace that total brain stem death is separate from higher cerebral death. If I understood their garbled audio correctly, they want the brain stem to be considered separately from the higher cerebral portions of the brain. (Again, reference the lemon battery experiments above for my opinion on this.) This is VERY far outside of any kind of mainstream medical or scientific thinking about total brainstem functioning.



They also want to reject the “integrated functioning” explanations of brain death, such that if there is cell functioning, or cell signals anywhere in the body or remnants of brain tissue, that the person should not properly be considered dead. Again, my opinion is that cells can be sustained outside the body for a long time, kidneys and other solid organs can survive outside the body during preparation for transplant, so I’m not sure how an argument about somatic support of cells and organs equals “not brain dead”. 



There appears to be some discernible structure left to Jahi’s brain. MRI appears to establish that. It does mean that whatever changes have occurred inside her skull have not resulted in complete liquefaction of the brain tissue. That still doesn’t mean she is alive, or that her brain has any function .The remnants of structure on MRI cannot automatically be ascribed as living, functioning tissue. Plenty of people have failed, dead organs such as kidneys, that are still in situ (in the body), and even isolated from perfusion, but are basically knobs of non-functioning tissue that have calcified or congealed into a mass. We see these in the OR when they are removed. What Dolan’s team does acknowledge is that Jahi has a VERY serious “brain injury.” I’m sure not an expert at reading brain MRIs, and will leave further interpretation up to qualified neurologists. But the snippet I saw on their screen looked globally horrific, from my experience.

 The two video snips provided by the Dolan Law Firm, IMO, are not comprehensive enough to demonstrate anything except that Jahi’s body has random spasmodic movements of a hand and foot. We have no context, and nothing to compare these video snips with—for all we know, her body may make random spasmodic movements all day long, and the video with mother coaching is simply “timed” to the spasmodic movements. Nailah Winkfield herself said that hours and hours may go by with no movements, then between 1 and 3 am there is more activity.  Nailah Winkfield interprets this as Jahi being “more awake”—however, the time of day could simply be a rhythmic response. We have no idea how many times Nailah Winkfield has encouraged Jahi to move, and Jahi has not responded. There simply is not enough information in those brief video snips to make any determinations beyond spasmodic movments of the extremities, which is well known in both brain damaged, spinal cord damaged, and brain dead individuals. Like the Lazarus sign (google it), it is impressive to watch in isolation, without proper context or interpretation, which, IMO, is why they used these snips. One snip is from May 20 of this year—were there no more recent video opportunities?

Links to the videos snips:
http://youtu.be/jsSeM0RVKuA
http://youtu.be/yh4YC-XjG9k
http://blog.sfgate.com/stew/2014/10/03/jahi-mcmath-videos-released/



I also wanted to just touch base briefly on Dolan’s team’s comments that Jahi’s hypothalamic- pituitary- ovarian axis must somehow be intact or functional, since Jahi has had menarche (started her first period.) We have to remember that Jahi was a relatively normal, but very overweight, 13 year old adolescent when the events of last December happened. She was on the verge of menarche when she became brain dead, and had obvious breast development in pictures. That means that until she was brain dead, her hypothalamic- pituitary- ovarian axis was intact and presumably functioning normally. Additionally, her excess body fat would have made her reproductive system somewhat more responsive to endogenous estrogen, which is also produced by fat tissue, as well as reproductive organs. There are studies of children who have experienced traumatic brain injury, with damage to the hypothalamus and the hypothalamic- pituitary- gonadal axis, and still experienced precocious puberty.



http://en.wikipedia.org/wiki/Hypotha...93gonadal_axis


http://www.jpeds.com/article/S0022-3...497-3/abstract



I don’t pretend to understand all of the endocrine issues at the level of a specialist physician or scientist, but I know enough to understand that reproductive systems can continue to function in catastrophically brain injured, as well as brain dead individuals, who were previously normal before the traumatic injury. We see brain dead pregnant women being maintained for varying lengths on life support measures to gestate the end of a pregnancy to viability for the fetus. We also saw Marlise Munoz in Texas, at the end of the first trimester, be maintained on life support for weeks to months, after suffering brain death. Even the young boy who was brain dead from meningitis at age 4, for 20 years, went on to develop some secondary sex characteristics, such as pubic hair,and axillary hair, although his testicles never descended. At autopsy, his brain was a calcified into a small lump at the base of the skull. That suggests that there are some corporal mechanisms in children and adolescents for some parts of reproductive maturity to occur, in the absence of hypothalamic- pituitary- gonadal axis function. 



For example, it would be very interesting to know whether or not Jahi has experienced ovulation, or if she has menstruation in the absence of ovarian function. Either way, I am highly skeptical whether the presence of vaginal bleeding (which may, or may not be actual menarche) in Jahi is proof that she has some level of intact hypothalamic- pituitary- ovarian axis for stimulation of reproductive hormones.

To summarize, I’m not persuaded by what was communicated at the Dolan Law Firm press conference yesterday, demonstrates that Jahi McMath is “alive again.” If the family and their attorney chooses to pursue this line of thought in the courts and official agencies (Health Department, Department of Health and Human Services, Medical Examiner—as directed by Judge Grillo), they will have to submit Jahi for extensive testing by impartial experts with appropriate background and education.

Links to documents filed by Attorney Dolan, and USCF Benioff Children’s Hospital (formerly Children’s Hospital Oakland) September 30, 2014:

http://www.docstoc.com/docs/172795721/jahidoc100214.pdf
http://www.mercurynews.com/breaking-news/ci_26644995/jahi-mcmath-family-seeks-have-brain-death-ruling

Who are the experts from the Dolan Law Firm:

Phillip Defina, a PsyD Psychologist
http://www.nj.com/news/index.ssf/2012/01/meadowlands_hospital_neuroscie.html

Dr. Prestigiacomo is also on the Board of Directors for Philip Defina's International Brain Research Institute.



http://www.ibrfinc.org/bio_charles_prestigiacomo.htm



Elena Labkovsky is a PhD Psychologist educated in Russia, specializing in mental health of adolescents.

http://www.afgfamily.com/index.php?rmm=Meet%20the%20Staff

Dr. Calixto Machado, a Cuban neurologist

http://www.changesurfer.com/BD/
http://www.biomedexperts.com/Profile.bme/861718/Calixto_Machado

And some of his many publications: (Scroll past the map for a list, and also note that he and Defina are co-authors on the first 2013 journal article).

Friday, October 10, 2014
The 9th Floor
I arrive on the 9th floor about 8:15 am

Chris Nicely is here before me. He’s wearing his standard sweater vest. Chris is a handsome man with a perfectly trimmed mustache and beard.

I stop and say hello and to chat about both of us being lefties.

I move down to another bench beside the only electrical outlet in the hallway.

Right behind me is Garrett Dameron. He stops to chat with Nicely, too.

The lobby was empty downstairs and the hallway on 9th is empty too. Just a scattering of people from the general public and an occasional attorney.

Christian Filipiak arrives and chats with Chris Nicely in the hallway.

When Dept. 108 is finally opened, I follow the two defense investigators inside.



Inside Dept. 108
Judge Ohta is on the bench, without his robe. He’s chatting with counsel in the well. It’s a prosecutor I’m not familiar with. I get transfixed at Judge Ohta’s tie, a nice contrast against his white shirt. It’s a diamond vibrant check pattern the colors a blend of turquoise, gray and black.

The pretty court report comes out from the back jury area rooms and sits at her desk in front of the witness stand. I look longingly over at the large container of Red Vines at the far edge of the clerk’s desk. Red Vines were a favorite sugar fix, back when I used to eat sugar.

Judge Ohta’s clerk is at her desk. Filipiak approaches her desk and they exchange greetings. He may have dropped of a thick stack of papers; I’m not positive.

Judge Ohta chats about the time he worked at a law firm.  Judge Ohta says something to the effect that lawyers are treated “badly,” and that people see lawyers as a “necessary evil.”  Now counsel and the judge are discussing medical issue cases, and what is a “reasonable standard of care.” I believe it’s Judge Ohta who comments that reasonable standard of care and that it doesn’t mean “no issues” arise from that reasonable standard.

I notice over at the clerks desk, a white bakery box. It’s not perfectly square, but rectangular and tall.  There are a stack of napkins on top of the box.

8:45 AM
Judge Ohta steps away from the bench.  His bailiff is immersed in his smart phone. I believe Gargiulo’s investigators are discussing a sports issue, or players in a specific sport. I don’t know which.

A woman enters wearing a gray dress and a black suit jacket. She stops to chat with the bailiff then takes a seat in the third row.  The attorney at the prosecution table is intently perusing his smart phone.

Judge Ohta emerges and asks his clerk for the Gargiulo file, prosecution motions. A youngish looking defense attorney show up for hearing in the other case. A tall, bald mustached man enters the courtroom, looks around and then leaves.  The defense attorney who just arrived and the prosecutor in the well go over their calendars.  Afterwards, the defense counsel goes back to the holding area.  It’s almost 9 AM.

The bailiff leaves his desk and takes a peek into the bakery box.

Judge Ohta, still unable to find the specific prosecution motion he’s looking for tells his clerk, “What I’m looking for is [not?] to admit certain types of evidence. ... It would have been more recent.” Judge Ohta goes into his back chamber area and comes back out in his robes.

The defendant is brought out in the other cases and there is a brief hearing. That case is continued until Dec. 5th.

In glancing over at the jury box, I note there’s something on some the the jury box seats. I stand up to take a better look. On every seat, there are these very large three-ring binders and a note pad.  I’ve never seen binders that huge. It’s evident Judge Ohta is in trial.

9:17 AM
DDA Garrett Dameron arrives and starts to set up his files.  I overhear snatches of Dameron’s conversation with Filipiak, regarding Gargiulo’s desire to fight the jails decision to revoke his pro-per privileges.

A Sargent deputy enters and goes over to chat with Judge Ohta’s court reporter. It looks like they are ready to get Gargiulo.

9:25 AM
DDA Daniel Akemon is not here. It’s just DDA Dameron. Gargiulo is brought out. He’s still completely clean shaven and there isn’t a trace of hair on his head. He’s wearing his black plastic framed glasses. He’s still in the orange jumpsuit with the white long-johns top underneath.  Gargiulo leans in to chat with investigator Filipiak. He appeared to walk normally.

Judge Ohta goes on the record in People v. Gargiulo. The court states that Mr. Gargiulo has filed an opposition to the people’s motion in limine to the Perkin’s Operation. It appears Gargiulo is not seeking motion in limine. Judge Ohta still hasn’t been able to find a copy of the people’s motion to admit evidence from the Perkin’s Operation.

DDA Dameron states they can make a copy and refile it.

Judge Ohta then thanks Gargiulo for filing his motion. “But, as I look at it, it would need to be handled at the time of trial.”  DDA Dameron added that once the court looks at the people’s motion, he believes the court will see it as a true motion in limine, to be heard by the trier of fact.

Gargiulo tells the court that what the DA is doing is [underhanded?]. Gargiulo goes onto say that holding the “cell op” [cell operation] violated so many of his rights. The DA’s used undercover detective agents that lied on the stand and I have proof to back it up.  Gargiulo states that first there was mention of a video and then there was no video. Gargiulo states that these are violations that fall under a specific rule of law. I believe Gargiulo states that there is stuff that falls under, “Youngblood & Veretta.” I’m not positive I have the correct naming of the case Gargiulo is referencing. Gargiulo mentioned that these things happened a long time ago.

There is some discussion back and forth between Gargiulo and the court about the timing of the allegations that Gargiulo is alleging and what is the proper order, for these issues to be handled by the court. Gargiulo tells the court that he’s working his tail off and he’s not trying to slow the pace of the trial. 

Judge Ohta gives a Miranda example to Gargiulo to explain that, even though the Perkin’s Operation happened before the preliminary hearing, whether that evidence is admitted to trial would still be argued as a motion in limine.

The Miranda example Judge Ohta gives is, let’s say a defendant states his Miranda rights were violated and therefore statements he made should not be admitted at trial because the police violated his Miranda rights. That event happened long before the preliminary hearing yet it would still be argued as a motion in limine. Judge Ohta explains to Gargiulo, that “... in format, [it’s] sort of the same thing.”  Judge Ohta doesn’t see how this relates to a 995 motion.

Judge Ohta explains in more detail the sequence in time, which motions are argued when.

Gargiulo then explains what he feels are more violations, “They [DA’s? Police?] violated the remove order and misled the [preliminary hearing] judge.”  Gargiulo takes his right hand and slowly strokes the top of his shaved head from back to front. Gargiulo tells the court that this case is “... the complete opposite, ... so that’s why I’m doing it opposite.”

Gargiulo is claiming that the removal [removal from LA Co. Sheriff’s custody to El Monte Police custody] should never have happened. Gargiulo states he’s asking for a new preliminary hearing because of all the violations. 

The court tells Gargiulo that he doesn’t think he has to oppose the statements coming in. “Simply file a motion to dismiss the case [995] because they didn’t follow the law or rules of evidence [at the prelim].” Judge Ohta then goes onto explain, “What you filed, is not something I’m going to hear until the time of trial.”  He then states that once he reads the prosecution motion again, “I might do it, just to get some things done.” Then he adds, “If you intend to file 995 motion to dismiss, lets work towards that now.”  Judge Ohta reminds Gargiulo that when Mr. Lindner represented him, Lindner began to put together his 995 motion and he filed papers with me.

Gargiulo states that he has those, but that there are several errors in them. Gargiulo then tells the court that he’s asking for an ex parte hearing with the court [DA not present] with his attorney. Judge Ohta reminds him that he represents himself. Gargiulo then clarifies that to mean with the defense team. Gargiulo tells the court he doesn’t want the DA to hear pertinent facts revealed to the DA. I believe Gargiulo states that he doesn’t want these facts used against him. This all has to do with issues that Gargiulo has with his stand by counsel, Charles Lindner.

Judge Ohta is firm in his reply. “I don’t need that revealed to me. ... Your pro per privileges have been restricted. ... The difficulties were explained to you. ... That’s in your domain. ... I won’t get into that.”  

I believe Judge Ohta then adds that the court is in contact with Mr. Lindner and if Gargiulo decides to rescind his pro per status, Mr. Linder can be back on the case immediately.

Gargiulo asks the court if he is aware of the letter that the Sheriff’s Office wrote to the court and that they are unopposed to reinstatement of his pro per privileges.  Judge Ohta tells Gargiulo that he’s looked at it. He has it in front of him. Gargiulo insists that this letter is proof that the Sheriff’s are unopposed to Gargiulo having his privileges being restored. Gargiulo then rambles on about that there is a scam going on at the jail, and the FBI is involved.  The court responds that he is not involved in the decision to restore Gargiulo’s pro per privileges. 

Judge Ohta then tells Gargiulo that the letter does not say they are seeking lifting Gargiulo's pro per restrictions. “It says they understood my decision.”  Judge Ohta says he has a copy of the letter. He reads from it in open court. He explains to Gargiulo what the letter means. “This letter doesn’t say what you think it says.”

Gargiulo mentions that there are several higher ranking Sheriff’s that told him personally, that they are not opposed to reinstating all of his pro per privileges.

Gargiulo then tells the court that he was thinking about giving up his pro per status, but he’s not willing to get Mr. Lindner back.  So that’s why Gargiulo was requesting a separate [ex parte] hearing. The court responds, “Your request is denied.”

At some point, Gargiulo explains that he's not able to do anything without access to the law library, access to witnesses, etc.

Judge Ohta explains the sequence of events, and what must happen. The only way to get a different attorney is a Marsden hearing and facts are presented at a Marsden hearing.

Gargiulo then tells the court that he had a meeting with Lindner [two months? ago]. “He told me I deserve to die.” Gargiulo makes more claims about Lindner, things that Lindner said to him and the “several issues” that he has with Lindner.

The court tells Gargiulo that “Mr. Lindner is not here to defend himself against accusations made against him.”  The place to argue Marsden is Dept. 127. Judge Ohta tells Gargiulo, “What you are requesting is not legal.”  Judge Ohta patiently explains to Gargiulo how it must go. He must first give up his pro per status, then he can go to Dept. 127 to have a Marsden hearing himself.  Or, once the pro per status is rescinded, “If you have problems with him [Lindner] I will hear you out.”  Meaning, that Judge Ohta would also hear a Marsden motion.

General waiver time is explained to Gargiulo again. 

Gargiulo asks for another month to see if he can get things straightened out with the jail, to possibly petition the Sheriff’s Office to reinstate his pro per privileges. Judge Ohta comments, “Sounds like you have some things to address.”  Gargiulo responds, “Yes, I had a meeting with counsel with all the threats and things that occurred ...” He rambles on about something. I can’t follow it and Judge Ohta gets a puzzled expression on his face.

Gargiulo tells the court that he has things to try to work out with the Sheriff’s, to try to get all of his pro per privileges back. Gargiulo claims that the Sheriff’s are in violation of Code of Regulations, Title 15 [section?], a 90 day period is the limit that his pro per privileges can be rescinded. Gargiulo claims that under Title 15, 90 days is the maximum time that inmates can be held from their pro per privileges.

So Gargiulo needs some time to try to sort this out with the Sheriff’s Office.

The court asks for any input from the DA’s office. DDA Dameron states he has no objection, only that his concern is that they are back here in 30 days and they will be in the same place as before.  DDA Dameron asks that that the court have the defendant work on the 995 motion.

November 7th is selected for Gargiulo to return to court.

After everyone is packing up, Gargiulo hands to the bailiff a handwritten sheet of paper. Gargiulo is now speaking to the court about this paper. Judge Ohta asks Gargiulo, “You’re saying medical personnel say you need bottled water?”

Gargiulo tells the court he is having problems with his prostate. He’s having trouble urinating. Medical personnel told him not to drink the county water in the jail.  Judge Ohta tells Gargiulo that he would need to see something written from the medical personnel. Judge Ohta tells Gargiulo that he is not signing this order. The paper is given back to Gargiulo.

And that’s it.

Commentary
It appears Gargiulo is coming to a realization how difficult it will be to represent himself without all of his pro per privileges. I will try to obtain a copy of the motion that Gargiulo filed. As soon as I do, I will update this story with links to the document.

I obtained a copy of Michael Gargiulo's opposition motion (filed on October 10) to the People's motion in limine regarding statements made during the "Perkins Operation" at the El Monte Jail.

It's clear that Gargiulo had help in preparing this motion because his access to the jail's law library was rescinded, nor does Gargiulo have a computer or a typewriter in his cell. I'm guessing that help could have come from his court appointed investigators or possibly from a legal advocacy group.

Gargiulo's next court appearance is November 7, 2014.

UPDATE 10/21corrected name of Officer Luis Valle
UPDATE 4:00 PM spelling, clarity
UPDATE 1:45 PMcorrected number of attempted murder charges
October 16, 2014
Background
Over a year ago, I attended the preliminary hearing of Bryan Barnes and Javier Bolden, who were charged with the robbery/murders of Ying Wu and Ming Qu, graduate students attending the University of Southern California.  Bolden is charged with one other count of attempted murder.

February 5, 2014, Bryan Barnes pled guilty to first degree murder and was sentenced to two life sentences without the possibility of parole.  HERE is a Google® image search related to the USC student's deaths.

Because I've been swamped managing Mr. Sprocket's business as well as sewing the last several months for my own business, I had neglected to check the DA's calender for interesting court cases this week. When I finally looked at the calendar, I was surprised to see that jury selection had started for Javier Bolden's trial on Tuesday and was going to continue today.  I decided to scrape plans for sewing all day and head down to the court house to hopefully hear some voir dire and possibly opening statements. 

Drive to Downtown
On the drive into downtown, I heard on the radio that thousands of businesses and government offices would be participating in the Earthquake Preparedness Drill at 10:16 AM. It’s my understanding that the time 10:16 AM was picked because it’s also today’s date.

I knew this meant that the courthouse would be participating in the drill and evacuate the courthouse. They would shut down the elevators and make everyone leave the building by the stairwells.

The Ninth Floor
I arrive in Dept. 102, Judge Marcus’ courtroom a little after 8:40 am. Bolden's Defense attorney Andrew Goldman is in the well. I'm surprised that his co-counsel during the prelim, Jana Seng is not here. My guess at the moment is, this means the death penalty was taken off the table. (I confirmed this later with DDA Daniel Akemon.) In a death penalty case, a defendant gets two attorneys. One to defend the guilt phase and another to defend the penalty phase.

Andrew Goldman has been in practice for 23 years. His entire law career has been in the service of public defense. He is currently with the Alternate Public Defender's Office. After the preliminary hearing last year, I told Seng and Goldman that I thought they did an excellent job defending their client in cross examining the state's witnesses.

Judge Marcus, out of his robe, is also in the well along with his clerk and court reporter. Defense attorney Marie D’Onofrio is in the gallery. There is a bit of friendly banter going on. Marie, who works for the Public Defender's Office, represented Bryan Barnes through Barnes' plea agreement.



At first, I sit in the third row. I then remembered that the courtroom gallery would fill with potential jurors. It would be better for me if I was seated in the back row, away from the crowd. I picked a chair against the wall where I could easily plug in my laptop.


One of the first things I noticed were the several candy dishes on the clerk’s counter area. My eye is drawn to the glass containers and vibrant colored candy within. I have an internal dialog with myself, the pros and cons of getting a “treat” from the cafeteria after the earthquake drill.

A few minutes after 9:00 AM DDA Daniel Akemon arrives with his lead detective and clerk intern. Soon after, Judge Marcus goes on the record with People v. Bolden.  The potential jurors are not present. They are going to discuss several pretrial motions and get those out of the way before the jury is set to arrive.


The first item Judge Marcus wants to hear is the motion for a mistrial regarding a juror making a statement to the effect that another person in this event pled guilty.  Judge Marcus wants to hear from the defense, to hear how that statement will affect the defense. What is it specifically, that has any impact on the defense whatsoever in this case.



Mr. Goldman states that if the prosecution is going to admit the wiretap conversation between Barnes and Bolden, and that the people’s position is that it is an adopted admission, and [the jury] finding out that Mr. Barnes has already pled guilty, then by way of [association?] Mr. Bolden is guilty of that crime.  Goldman adds that he believes Mr. Akemon will use the wiretap conversation in his opening statement, and that implies that Mr. Bolden is already guilty.



I note that Javier Bolden is in a pair of gray slacks and a dark purple shirt. I'm not positive, but I believe he is also wearing black framed glasses.



DDA Akemon tells the court he did have an opportunity to review case law over night and found some out-of-state cases that are relevant. “The bottom line is, that the comment, what was made seems to have been brief. I think it’s an open question whether it was inadvertent or not. In any event, it was brief.”



The prospective juror was taken to sidebar, so it’s seems like any prejudicial effect would be by downplaying.  Jude Marcus adds that he didn’t inquire further and that the court let him go. It seems like a situation that certainly was an improper comment by that juror. 

I believe it’s Akemon who states, “I don’t think it rises to the level that we have an impartial jury." If it is, I think there are some remedies. We could admonish the jury. We could inquire [of the jury] further. In the end to me, it’s not the sort of situation that would cause the jury not to be impartial.

Judge Marcus adds, “My position, that, first of all, the comment made is not only brief, and fleeting and somewhat ambiguous, and also not clear as to which defendant. We have also two separate incidents in this case. ... It’s not clear that he is talking about Barnes in this.  I did read some cases. The fact that jurors may know about something in the case [is not a cause for dismissal]. There are high publicity cases where jurors do know [case facts]. This issue is not whether or not a juror has information about a case, it’s whether or not the pretrial exposure to the case has caused the juror to form an opinion about innocence or guilt.”



Judge Marcus references a case, "Hamilton." In this particular case, many of the jurors had read news clippings about the case. You don’t always get the [clean jury] where no one knows anything about the case. The court mentions “...O.J. .. The Peterson case ... You couldn’t have a jury if you had to have a jury who didn't know or read anything about the case. ... The courts recognize if you want to call it jury misconduct, is the strength of the conduct. ... I don’t think there is prejudice enough to cause a mistrial. ... I’ve prepared an admonition. ... I’m going to ask each individual juror [ about ability to be impartial] ... and if anyone says they can’t ... I’ll read the following admonition.”



Judge Marcus puts on the record when the event occurred yesterday, 3:30 PM, and why he did not address it right then and there. “I didn’t want to call attention to it and cause more attention than there was. ... I wanted to think about it.” He then with the parties the instruction he plans to give the jurors after he questions each one, and he will couple his solution by reading a CALJIC [aka CALCRIM] instruction about not speculating about defendants who are not here and that they are to consider that.  Judge Marcus also adds that there are cases where jurors do get to know information about a case and there is no mistrial.



Judge Marcus then moves on to the admissibility of statements made by the defendant via a wire tap. Judge Marcus states that he’s reached conclusions as to these statements admissibility.

There is a brief discussion between Goldman and the court, and the court states that he will add a brief line, “Anything the lawyers say or the jurors say is not evidence in this case.” He then adds, “How about if I say, ‘relating to the facts of this case?”

Then Judge Marcus references two wiretap statements, “E” and “F.” Those were the two he reviewed last night.  Judge Marcus believes E, and largely the initial statement is in fact, an adoptive admission.  Judge Marcus reads from the wire tap, the section of dialog the prosecution believes is an adopted admission.


Bolden: Who?
Barnes: Me and U nigger.
Bolden: Yeah, what about it?

Judge Marcus reads the requirements that must be met for a statement to fall into the adoptive admission category.  “You have to show that the person had knowledge of the other statement and by words or conduct, manifested, [or?] adopted the statement. ... “E comes in now.”  He then adds, “I’m not taking any position on whether there’s little stuff here, 352, that should not come in. ... I have no idea. That’s up to you guys.” Then Marcus tells the parties, “I have a different feeling about ‘F‘.”


Judge Marcus first asks a question about a section of the wiretap ‘F’ transcript on page 7. Marcus reads the transcript. It appears to be Barnes talking about the robbery and murder of the two Asian students. Judge Marcus feels these are declarations against Barnes, but Bolden, by his response, doesn’t seem to adopt them at all. Judge Marcus adds, “It almost sounds like he didn’t hear it or he didn’t care."

There is some discussion in the well about another section of the transcript and what event the wiretap conversation could be referring to. The court rules, wiretap F, doesn’t come in at this point. Those are his decisions, but then he seems to pedal back. “We can talk about it some more when we have a break with the jury.”

Ms. D’Onofrio was here because of the statements made by her client Barnes, being admitted into this case. Judge Marcus states that the statements were definitely statements against Barnes’ interest.

Now the parties are trying to decide when they will return after the building evacuation drill. Goldman has a lunch issue so they decide they will come back by 1:10 PM.

The jury files in and potential jurors take up most of the gallery. Some potential jurors sit right on either side of me in the back row. I catch the bailiff's eye as to where he wants me to go. The bailiff has me move up to the second row on the defense side so I’m no longer near any jurors.

Judge Marcus gives the jurors in the jury box the admonition he had discussed with counsel earlier. Each juror agrees that they could be impartial. The jury box is full, and Judge Marcus tells his clerk to call two more alternates who take chairs in the well directly in front of the jury box.  The two new potential alternates slowly make their way to the seats. Judge Marcus tries to make a joke about a game show, “Remember, Let’s Make a Deal? ... People used to come running down.”  There are small chuckles in the gallery. I’m not sure if it’s Judge Marcus or someone else who makes the correction, “The Price is Right.”



Judge Marcus informs the panel about what will happen at 10:16 am. He tells the jurors to be back on the 9th floor by 1:05 pm.  Judge Marcus starts off by having alternate #5 tell the court where he lives, what type of work he does, if he is married, his job experience and if he’s ever witnessed a crime or been involved [victim] in a crime.



Then Judge Marcus asks the same questions of alternate #6.  While this is going on, DDA Akemon has gotten up from his seat a few times to whisper something to Mr. Goldman.  Judge Marcus interrupts his questioning to tell counsel, “You two gentlemen, you’re making me dizzy. Do you need a break?” Then I believe Judge Marcus addresses his next comment to the jurors in the gallery. “I told you I’m old and can’t take too much movement.” The courtroom laughs a bit at this comment.

The potential alternates answer the courts questions. Alternate #7 previously served on a grand jury. Judge Marcus asks, “So, did you enjoy that [when this summons came] or did you [tape?] up your mail box?”  More polite chuckles from the gallery.



After Judge Marcus finishes questioning the potential alternates the questioning is opened up to Goldman.  Goldman hasn’t spoken to any of the alternates yet. “The judge has expressed that this is somewhat of a publicity case. Have any of you read anything or seen anything on television about this case?” Three of the prospective alternates raise their hands. “Alternate 3, Anything you’ve seen or read affect [your opinions?] in this case?” The alternate responds, “Just whatever was playing on the news.”  Alternate 7 responds, “I don’t remember what the article I read in the news. ... I read the news about USC but I don’t remember exactly what it is.”  Alternate 8 says, “I try to be biased, I mean not biased. ... I just heard it on the news when it originally happened.”

Mr Goldman continues, “The judge mentioned in [interviewing?] other jurors, the concept of Mr. Bolden’s fifth amendment right to remain silent. ... We’ve had some [examples of?] teachers and parents talking about [incidents with?] kids in deciding who is right and then trying to make a decision. ... Here, Mr. Akemon has the burden of proof. Mr. Bolden doesn’t have to do anything and the right that he has, the right to remain silent."

I believe Goldman asks for a show of hands, asking if jurors have a problem with that concept, that his client might not testify. No one raises their hand.  Goldman then talks about the presumption of innocence, and that Mr. Akemon, has the burden of proof. “So, it’s not like two kids in school, and you don’t [get?] to hear both sides. ... And Mr. Bolden doesn’t have any burden whatsoever. ... Again, I don’t see a show of hands.”



Alternate #1 is questioned about his time being an MP in the military. He made arrests. He also applied to join the LAPD. “Is there a reason that we should feel that you might favor law enforcement and take their side?” Goldman asks. “No,” the alternate answers. Goldman asks the alternate another question about willingness to keep an open mind and having proof beyond a reasonable doubt.

“Alternate 2,” Goldman asks, “Do you think that you’re a good judge of someone’s credibility?”  “I like to think so,” Alternate 2 responds. “Are you willing to do that in this case?” “Yes,” Alternate 2 answers.



Goldman’s questioning ends and DDA Akemon steps up to the podium.

DDA Akemon greets the panel. “Good morning, everybody,” He tells them he has one comment and two questions.  Akemon stresses to the panel about how important it is that they get their information about the case from only one source, and that’s the witness stand.  He emphasizes the importance of not communicating with anyone, other people at home, or social media, or in the hallway, in the elevators, about this case. “It would be unfair to Mr. Bolden. ... The integrity of this trial is paramount and it’s a very solemn duty. ... There is a code of silence while a case is going on ... until you get back to the jury room, and you can talk about it to your hearts content.”  DDA Akemon stresses how important it is not to talk about the case, not getting on social media, etc.


DDA Akemon then ask the alternates two questions. The first question is the law regarding aiding and abetting. He wants to know how each person feels about that law.  He gives the example of the guy who robs the bank. Then there is a guy outside that is the get away driver. The get away driver is also guilty under the aiding and abetting.



DDA Akemon adds in the element that if there is a robbery going on, and then someone shoots and kills someone, the guy outside (waiting in the car) is also guilty of felony murder.



Akemon then asks each alternate how they feel about each law, and if they would follow the law.

With the second alternate, DDA Akemon asks, “Same questions,” and then he adds, “Is there anything you want to get off your chest?”  Judge Marcus interrupts and says, “Well, ... not everything you want to get off your chest.” The room breaks out into a little laughter. 

All of the alternates did not have a problem with the law regarding aiding and abetting. They appeared to understand and agreed with that law. Where some alternates were conflicted was the felony murder law.

That was the end of the prosecution’s questioning. Judge Marcus called for a side bar with counsel. After the side bar, Judge Marcus addressed the panel. “The following people have been chosen in this matter. ... Alternates one, two and three. ... Alternates four through eight are excused.”



They have a panel! 12 jurors and 3 alternates.  The prospective jurors in the gallery, their jury service is finished and they are told to report to the 11th floor jury room to get their exit paperwork.

Judge Marcus states that the jury and alternates will be sworn in.  Interesting, they got their 12 jurors yesterday, but they did not swear the 12 in yesterday.  The entire panel is sworn in.

Judge Marcus then starts with some preliminary instructions to the jury. 

Judge Marcus tells the jurors that they cannot do any preliminary investigation on the case. They can’t discuss the case on social media, etc. The court informs them about behavior in the courtroom. They can have any kind of drinks that they need with them in the jury box. He stresses to the panel that they need to be on time. He talks about the importance of not being late to court.  Even though they do have breaks in the morning and afternoon, if the jurors need to use the restroom outside of the break times, please raise your hand. Judge Marcus tells them he’s not a mind reader.  He tells them to speak up if they can’t see or hear something regarding testimony. “The whole purpose of this is for you to hear the evidence,” Judge Marcus explains. “If you can’t hear or see the evidence, please raise your hand and let me know because [otherwise?], I’m not going to know.”


Judge Marcus then moves onto other preliminary jury instructions. He tells the jurors that they generally start at 9:00 or 9:15 AM. Some days, he has other matters scheduled and they will start a little later. Most days they will end about 4:05 or 4:07 PM unless they go long with a witness. The court tells the panel they will start by reading the preliminary jury instructions after that the lawyers will make opening statements. They don’t have to. The defense can defer.


I decide not to try to transcribe the preliminary jury instructions, since I'm betting those can be found online from various sources.


Emergency Preparedness Drill

At about 10:18 AM, several Sheriff’s enter our courtroom to inform us the drill is on. Several court staff were surprised. We did not hear an alarm go off in Dept. 102. I overheard some sheriff’s say that Dept. 102‘s bailiff was supposed to initiate the drill at 10:16 AM.  Judge Marcus makes sure everyone knows that he has some sort of duty during the drill. I’m not sure if he has to put on a special jacket or what, but his staff makes sure he has some special backpack with him. 

The jurors file out first. I ask the sheriff’s in the hallway if I can wait for the prosecution team. They tell me that’s fine. They direct us to a stairwell near the center of the hallway.  Out in the hallway was an Asian man with a full beard wearing a bright yellow sleeveless jacket. It appeared he was waiting for the floor to be emptied. My guess was, he was part of a supervisory function on how efficiently the drill was being conducted. I could swear it was Judge Ito, but I’m not positive.

When I exited the rear of the building, there were several groups in Grand Park with signs indicating where that department or group was to congregate. I happened upon a friend who works in a support department of the District Attorney’s office so I stopped to chat. A bit later, Terre Keith from City News also happened to walk by. I updated Terre on the Bolden case and that opening statements would happen soon after 1 PM.

Court staff were allowed to reenter the building first. The Sheriff’s insisted that people needed to show their employee ID before entering the security screening line. After that, anyone with an employee or building ID were next in line. Jurors needed to present their jury badge. The general public were allowed back in last.  After I entered the building I headed to the cafeteria to have an early lunch.

Afternoon Session
Back on the ninth floor, I’m able to grab an empty bench near one of the few outlets so I could plug in my laptop. I see an NBC cameraman head towards the right wing and sit on a bench opposite me.  When Dept. 102 opens, Judge Marcus is out of his robes but behind the clerks desk area. The cameraman starts to set up his equipment in the back corner to film the opening statements.



Judge Marcus ruled that the opening statements, closing arguments and selected government witnesses could be filmed. Judge Marcus stated that selected witnesses affected would not be allowed to be filmed because of how Judge Marcus felt that would affect those witnesses.  I learn that trial testimony is expected to take 10 to 11 days.  As the jurors file in, I take a tally. The jury consists of seven women and five men. There are two female alternates and one man.  One alternate is the last juror to arrive back to court and Judge Marcus makes a joke. “Last person in has to buy bagels for everyone the next day. Nice juicy bagels with cream cheese.”



Once the jury is settled, Judge Marcus continues with the preliminary jury instructions.  He mentions that there might be a small amount of media coverage. Judge Marcus talks about the notebooks they will be given to take notes and note taking. In addressing the alternates, Judge Marcus tells them, “25-30% statistically, a juror will be replaced so you must pay attention.”  He tells the jury they must not visit the scene of the crime. There are more instructions but I don’t write them all down. Judge Marcus tells his panel, “If you have an incident where someone tries to talk to you, don’t tell the other jurors, tell me.” The last thing Judge Marcus does is explain reasonable doubt.

Prosecution Opening Statement

DDA Akemon takes to the podium. He will use many photographs and diagrams to outline his case, People v. Bolden, BA397880. Akemon then lays out to the jury in chronological order, the sequence of events that make up his case and the evidence against Bolden.



“This is a case about senseless street violence. On February 12, 2012 Dieonce Davance, a 21 year old man went to a party in Los Angeles in a banquet hall with his sister and cousin and friends. ... It started out as an evening that started out as [celebration? party?] and Javier Bolden showed up at the party ... showing up with a 38 mm hand gun and ended in violence. ... When Javier Bolden got in an altercation with victim Davance, chaos ensued and spilled out into the street. ... That's when Javier shot victim Davance in the stomach and also shot victim Zanae Flowers in the leg."

Witnesses heard Davance yelling, "I've been hit!"  DDA Akemon continued. "Bolden chased him down the street, caught up with him and shot him in the back of the head." Davance is now in a care facility where is is incapacitated.

While that case was under investigation, the defendant struck again.  ... About two months later, on a late and rainy night, April 11, 2012, Ying Wu and Ming Qu, two graduate students at USC, were sitting in a car, in residential area near the campus. ... "For Wu and Qu, it was just another ordinary day in the life of college students who were in love and didn't know it was the last day of their lives."

"At about 1 AM, Bolden and his accomplices were driving around the campus area looking for someone to rob. ... When they saw them [Wu and Qu] sitting in a BMW, [the car] sitting in the middle of the street with their flashers on, they saw an easy target."

Bolden's accomplice, Bryan Barnes was the shooter. The same gun that was used to shoot Deionce Davance two months earlier.  They approached them from behind. When they could not get into the vehicle, Bryan Barnes fired two gunshots through the driver's side window, killing Ming Qu and Ying Wu.

Defendant Bolden then shouted at Mr. Barnes to get what he could get.  Barnes reached into the car over the lap of Ming Qu and took two cell phones that were on the center console of the BMW. Barnes and Bolden then ran to a waiting get away car driven by a third accomplice, Tyrell Douglas.

"LAPD Detectives eventually linked this shooting to the Deionce Davance shooting by matching shell casings of the guns from both crime scenes. ... That clue led them to develop Barnes and Bolden as suspects in the case. ... Detectives got a court order, allowing them to tap into the telephones of Barnes and Bolden to see what evidence might ensue."

When Bolden and Barnes incriminated themselves in some phone calls that police were listening in on, they incriminated themselves in the shootings of Wu and Qu, and they were arrested. "When detectives initially interviewed Mr. Bolden, he confessed to being involved."

Detectives then placed Mr. Bolden in a holding cell, with a [paid] undercover informant who was [outfitted] with a listening device. Mr. Bolden incriminated himself in the [USC] shootings but also in the Deionce Davance shooting. Bolden was then charged with the murders of Wu and Qu and also charged with the attempted murder of Deionce Davance.

A photo of Dieonce Davance is put up on the overhead screen. Then photos of Ying Wu and Ming Qu are put up on the overhead.

DDA Akemon tells the jury they are dealing with two shootings here. Two separate incidents. Now up on the screen is a map showing the geographical location of both shootings. Davance was initially shot in front of the Garr Banquet Hall at 5017 S. Western Ave. Wu and Qu were shot in front of 2717 Raymond Ave. The shootings were separated by about three miles.

Photos of the defendant, Javier Bolden and accomplice Bryan Barnes are up on the screen. Barnes' nick name is 'BJ.' Next is a photo of Tyrell Douglas, who is not on trial here today. Barnes is not on trial here today. Javier Bolden was involved in the robbery.

Bryan Barnes considered, and Bolden considered themselves to be brothers. They are very, very close friends, but they refer to each other as brothers. Defendant Bolden and Bryan Barnes associated with the "No Respect" party crew. Next, a collage of photos is put up on the screen of the defendant and his accomplices.

Dieonce Devance Attempted Murder
Aerial photo of the intersection of S. Western Ave and 51st Street is on the overhead screen.  The Garr Banquet Hall is identified at the top of the photo and the J R Transmission shop directly on the corner.  The areas where firearm evidence was found and collected is also indicated on the photo. The areas show where the original area of the shooting started.

There is a small scattering of press in the gallery. Terre Keith of City News, NBC camera crew and I believe a reporter from the LA Times. Several young men and women, possibly clerks in the DA's office are also in the gallery. An Asian woman came in with the clerks and sat in the first row. I do not know if she's with the DA's office or representative of the Asian students.

The location of items and where they were found are indicated on the map and pointed out to the jury.

"What we expect the evidence will show ... [is that] the altercation started in the banquet hall. ... Mr. Davance ended up outside on the sidewalk. ... He was there with his friend, Zanae Flowers, and his cousin, Charles Darden. ... The defendant Bolden, exited the club and then shot Mr. Davance in the belly. ... Mr. Davance ran, Ms. McKeever ran, Charles Darden ran and Vivian Flowers ran."

"As they were running, Mr. Davance was last in line. He was injured and he was yelling, I've been hit! And everyone was in front of him, more or less. ... By the time Deionce got to the corner, that's when Mr. Bolden caught up with him and shot him in the back of the head."

"Ms. Flowers, although shot in front of the banquet hall, she ran down the street, down the corner and collapsed a little farther from Mr. Davance."

Another photo of the Garr Banquet Hall at 5017 S. Western Ave. It's a photo taken from in front of the banquet hall, looking south. It shows where the shooting started and the direction it went. Next photo is where a shell casing and live round were found. A 9mm shell casing and a 9mm live round were recovered. Another photo, showing the direction that everyone ran.

Deionce Davance and Zanae Flowers ran away with Tamara McKeever and Charles Darden with Bolden chasing. Another photo, with yellow lines indicating the line of travel.

DDA Akemon explains to the jury that the case will be presented in chronological order, but some witnesses may testify out of order.

Another photo of the corner of Western & 51st streets where Davance ran and collapsed, and where Bolden shot him in the back of the head.  Next photo, reverse angle, now looking back on to 51st Street. DDA Akemon points out the red circles on the photo and the inset, we can see Ms. Flowers' boots and where paramedics came to help her.

Another photo. It's a long shot view of the intersection of Western and 51st streets, in perspective to where the club and Mr. Davance and Ms. Flowers collapsed.  More photographs showing firefighters assisting Mr. Davance. He's laid out on the sidewalk, face up, appearing lifeless. Another photo of the same area, showing the blood left behind after Mr. Davance was taken away.  DDA Akemon outlines the injuries to Mr. Davance. He presents photos taken of Mr. Davance approximately a month prior. Davance is in a hospital bed. His fists are clenched.

"And his face, you can see the left side of his skull appears to be caved in. ..." [He's] permanently brain injured and paralyzed."

Another photo of a gunshot wound to Davance's stomach in the lower left quadrant of his belly, left of his navel.  An inset photo shows the gunshot wound up close. "The gunshot wound entered his lower left side and was a through and through. ... That particular projectile was never recovered. ... The bullet that went to the back of Mr. Davance's head was never found. ... The gunshot wound to his head was also a through and through. ... [It] came out the side [of his head]."

Now photos of Ms. Flowers' gunshot wound to her leg. The series of photos were taken of her last week. Now we are shown a photo of the gunshot wound to her lower right leg. Now a photo on the outside of her calf area. "It stuck in her leg. It stayed there up until a few months ago. ... Doctors were finally able to get it out."

Initial Investigation
Investigators started to see who did this to Ms. Flowers and Mr. Davance. The first clue that they got in the case was from Charles Darden, ... who we expect won't be completely cooperative in the case. He is the cousin of victim Davance. One day after the shooting, Darden went to the police. He was an eye witness to the shooting. He was standing there and he saw the shooter. He didn't know who it was. He couldn't put a name with a face, but he saw who it was. He asked Tamara Keener.

So he talked to his other relatives, saying that he's got to put a name to the face. He went on Facebook and started doing his own investigation. He went on Facebook, found Bolden and went to the police. He gave the name Javier Bolden to police. He was 100% positive. So, at the time, Detectives had a name and followed up on that.

April 10, one day before the shootings of Wu and Qu near USC, Detectives spoke to Tamara McKeever, the sister of Mr. Davance. Tamara had been inside the banquet hall, dancing and having a good time. She told detectives, A man came in looking for trouble and bumped into me. ... And when I told Deionce this guy was bumping into me.... Deionce came to her rescue. And that all started in the banquet hall.

Darden went to Tamara and asked her to describe the person who was involved with Dieonce before the shooting. Tamara said she could describe the guy. She provided a description to a sketch artist, and that sketch is put up on the screen next to Bolden's photograph.

"McKeever, we expect, will identify Bolden as the man who was fighting Deionce. ... She won't testify that she saw the shooting. ... She was faster than Deionce [running down the street], but she saw what started [the shooting]."

Another photo on the overhead, a six-pack line-up of individuals. Detectives went back to McKeever. They had a name, a sketch. They put up a photographic lineup and showed it to McKeever, and she identified the man. DDA Akemon points out McKeever's initials on the 'six pack.' She wrote on the card, "The reason I can tell it's him is his eyes, mouth, ears and nose are the same."

Cell phone evidence
Detectives then started investigating Javier Bolden and got information on cell phone numbers. Detectives obtained by way of a court order, and started analyzing cell phone evidence. Cell phone experts will testify as to cell phones and cell towers.  Detectives obtained Bolden's cell phone records and analyzed them to see what they would say. Bolden's cell phone pinged in the area of the Garr Banquet Hall around the time of the shooting. There is a tower at 51st and Western and his cell phone was pinging off of that tower. Detective Ron Hansen (sp?) will testify that immediately after the shooting, the evidence wil show his cell phone moving away from that tower, in a south-easterly direction toward the 110 Freeway.

Detectives obtained a court order to wiretap Mr. Barnes and Mr. Bolden's phones. Detectives listened in on telephone calls and listened to this call. DDA Akemon tells the jury he will turn the sound up so they can listen and follow along with the text on the screen. This is one phone call in a series of calls.

On the recording, an unidentified woman answers the phone. She asks Bolden a question. Bolden answers:

Because why, the last time I partied on Western I had to kill somebody.

That phone call was made approximately two to three months after Davance was shot. This amounts to admission that Mr. Bolden was shooting at Mr. Davance.

Now DDA Akemon plays a tape recording obtained via the paid informant placed in a cell with Bolden. The informant is pretending to be an inmate. The informant had a hidden camera on him along with audio recording. This is what the informant heard, and monitored by detectives. You will see this entire recording. This is only a snippet. The statements were obtained on May 19, 2012.

The nigger [?] had a party and I was drunk
(Miss transcribing the informant's full response.)
Sissy nigger ... popped him on 56th and Western.
Yeah.

And in the end, the prosecution will argue this is an admission regarding the shooting of Mr. Davance.

Firearms evidence
Law enforcement collected shell casings and evidence.  Fast forward to the USC campus area shooting. There were two 9mm shell casings recovered from that scene.

A firearms expert will come to testify she compared the shell casings from the first shooting with the second shooting at USC and those casings matched.

Photo of the shell casings recovered. The live round near to where Deionce collapses, there was a yellow leaf and a 9mm shell casing. Expert criminalists will come to court, an expert in firearms and ultimately she will testify they are a match.

The USC campus shooting
An aerial diagram of Raymond Avenue near the USC campus. There are points identified on the map. In the Upper left corner, 2717 Raymond Avenue, that was Ying Wu’s apartment. The street in the middle is Raymond Avenue.

Inset shot in the middle photo, the BMW the couple were shot in. It was very dark, very rainy. Evidence will show Qu was driving and Ying Wu in the passenger seat. They were double parked in front of Ying Wu's apartment. They had gone out. They had been studying. It was Ming Qu's intention to drop her off. They were sitting in the car, just talking.  That's when the suspects approached from behind.

Barnes and Bolden were in communication with each other. They were talking to each other. But they were out robbing people that night as they approached the vehicle. They split up. Bolden went to the passenger side. Barnes went to the driver's side.

Bolden was trying to get into the car. Bolden was trying to get in and that's when Barnes shot both victims.  As they approached, they actually counted down to each other, 1, 2, 3. "We expect you will hear that from Bolden [via an interview]."

Another photo of the USC crime scene that night. Photo of the car double parked. There's a canopy over the car. Detectives placed it over the vehicle during the investigation.  In the middle of the street are placards where the 9mm shell casings were discovered.

Bolden tries to open the door and can't get in then Barnes shoots into the car.  Another photo, showing the trajectory of the bullets.  One bullet went through Ming Qu's head and went out his face. That gunshot also hits Ying Wu, who was shot twice.  Once with the bullet that passed through Ming Qu. The second bullet missed Qu and hit Ying Wu in the chest.

Photo of the BMW's shot out, driver's side window.

"After the shots were fired, that's when Defendant Bolden directed Mr. Barnes to take the property," DDA Akemon explains.

Photo of inside the BMW.

I take a quick glance over at the jury. They appear to be in rapt attention to DDA Akemon's presentation. A few of the gentlemen have their fingers placed over their lips.

An HTC phone and an iPhone were taken from the BMW.  Another photo, different direction, of the escape route, and where the two assailants went back to the getaway car.  They fled southbound on Raymond.  Another photo of inside the car from the passenger side.

Looking over at the jury again, I don't see a single person taking notes during the people's opening statement."

We will hear from what the neighbor's saw." Paramedics transported Ms. Wu to the hospital ... Mr. Qu was able to get out of the car. He crawled out of the car. You can see the blood trail. ... He was able to get across the street and up the stairs of Ying Wu's apartment. ... It's actually a house [with] several rooms there for rent. ... He was about to get up the stairs ... He crawled up to the door. ... A glass door and he started banging. And he broke the glass, trying to get some attention. Trying to save his own life.  ... Neighbors came out, but by the time paramedics arrived, Ming Qu was mortally wounded and he was pronounced dead. ... He was unable to speak. ... Several neighbors tried to speak with him."

Photo of shell casings in the street.

Shell casings from the street were collected and they were able to connect them up to the Davance shooting. "Alma Burke (sp?) will testify as to the bullets she found inside the vehicle." A photo shows placards in the car as to where they were found.  Photos of victim Qu's gunshot wound and the direction of travel of his bullet wound. "Ying Wu was shot twice. ... One of the gunshots was fatal. ... Bullets came at her from two different sides of her body. ... They believe that she was twisting and turning away as the bullets were fired into Ying Wu's body. ...The shot that killed her is the gunshot that entered the left side of her body. ... It entered through her heart and exited through her lungs."

Cell Phone Evidence
Story of the cell phones of the two defendants and Ying Wu. 

Following the cell phones, Barnes and Bolden were in the south Los Angeles area. They moved north close to the USC campus area around 12:28 AM. They moved toward the USC campus.

Up on the screen, an overlay of the cell towers and the pings and where the evidence of the cell phones will show the route of the cell phones.  Another image on the screen, showing the suspects route leaving southbound and victim Wu's phone, pinging along with them.  Now, a close up image of where the shooting happened. Another photo overlay of the cell towers and where they can ping at the same time of the shooting.

"Detective Hansen (sp?) will also testify that at the time of the shooting, that Barnes and Bolden were communicating with each other, counting down for the robbery."

A few more young looking clerks enter and sit in the gallery.

Wiretaps
DDA Akemon plays one of the calls between Barnes & Bolden. The prosecution will argue, that's an admission in the end by Bolden.  Bolden was placed in a holding area with a paid, undercover informant.  A snippet of Bolden talking about the shooting.  May 19, 2012 statement. (I tried to transcribe what was played for the jury. This is NOT exact. Sprocket.)

And then what other [shooting/] went down by USC?
We was out there robbin' people and stuff ...
I don't know. I don't know.
What kind of car was it?
It was an, um, BMW. ... It was blue ...
Did they see [?] faces?
No, ... they died.
How many shots?
Three .... actually by [my?] brother, shot through ... window
I shot the [?] ... [my?] brother shot the [dude?]
You got rid of them ... what happened though?

Another audio and video recording presented.
Barnes describes the robbery in detail and how they planned their approach in unison.

We got caught because of the fucking phones.
What kind of phone was it?
iPhone.

It was a hidden camera and audio recording. You'll hear the entirety of this conversation.  DDA Akemon them moves onto Bolden's admissions to the informant; all his statements on the phone.

Detectives interviewed Bolden. They read him his rights. They interviewed him for two and a half hours. There was a cat and mouse game going on. After about an hour, Mr. Bolden started talking about the shooting. Here is a compilation of what he said after the shooting. These are just some of the things that Mr. Bolden said.

May 18, 2012, Detective Carreon reads Bolden his Miranda rights.

DC: I just want you to be truthful.
JB: Drove up from Long Beach. Then picked up BJ. ... Then met Tyrell at Jack in the Box at Manchester and Hoover. And we left from there.

DC: What was the plan?
JB: Just get some cash. 

Unk: {And it was discussed.]

DC: Who came up with that ... ?
JB: Tyrell and I ... go over that ... Cause it's USC ... it's hot by a college.

Bolden describes all that happened. That they both tried to open the car doors. And that BJ just shot through the window.

BJ is on the drivers side. He's the first one out. BJ was the one that reached into the car and got stuff. He reached in over the dude's lap.

That was Detective Vince Carreon, who is present in court today.

In the end ladies and gentlemen of the jury, the evidence we expect to come out at this trial, the evidence will show that Bolden was present at the crime scene[s]. Wiretap phone calls where he said the last time he partied he had to kill somebody. Then the phone call where he had to shoot a sissy.

DDA Akemon summarizes the evidence of the two cases.

The trial will take a week and a half or so ... how you'll find [Bolden] guilty of murder of Mr. Qu, guilty of murder of Ms. Wu, and committed during the commission of a robbery and the evidence of Deionce Davance shooting.

That ends the people's opening statement.

I wasn't surprised that the people chose to drop the third original charge of attempted murder against Timothy Hall. Hall did not appear to be a cooperative witness for the people during the preliminary hearing.

The jury is sent out into the hallway for a brief break. Alternate 2 is asked to stay behind. She has a medical appointment tomorrow at 8:45 AM. It will take up to two hours.

Judge Marcus tells counsel that it isn't going to work for him, if someone is coming in and out all the time. They need to work something out. It's as if someone walks in front of the attorney all the time.  (I believe Judge Marcus is referencing when DDA Akemon got up a few times to speak to Mr. Goldman during the courts preliminary jury instructions.)

Goldman speaks to a man in the gallery who entered a few moments ago.  Judge Marcus asks to speak to the court's Public Information Officer, Pat Kelly. Now Judge Marcus is speaking off the record to both counsel. I believe it's during the break that I see Goldman's friend go up to the clerk's candy dishes, and uses the spoon inside to take a serving. I'm envious that the attorneys get to walk up to the clerk's desk and raid the candy dishes.

2:46 PM
Break ends and the jury files back in. The court goes on the record with People v. Bolden. Judge Marucs informs the jury that the defense is going to make an opening statement.

Defense Opening Statement
Andrew Goldman steps up to the podium to address the jury.

"So if opening statements were a trial, we could all go home. ... But they aren't.  What you hear in opening statements is not evidence. ... What I'm asking you now, and what you promised to do, is to keep an open mind and wait until the end of the trial, until you've heard all the evidence. ... Mr. Akemon has to prove all of those charges and allegations beyond a reasonable doubt."

"First, regarding the first attempted murder charge. ... There is one person, who claims to be an eye witness to the shooting, and that's Mr. Darden. ... He's going to testify that he saw Mr. Bolden shoot Mr. Davance. ... What you will find is, that Mr. Darden was told by someone else who that person thought, did the shooting.  ... Mr. Darden looked at one picture, not a six-pack. So when the police want to identify a suspect in the case, they usually don't show just one picture to a witness, so that I witness isn't directed to pick out one person. ... What he did was look on Facebook. ... [It] was the photo of just one name of a person."

"The incident happened very fast. Most of the time that he will testify [to], that it was dark in the club and that at one point the lights came on in the club. ... Mr. Darden will say Deionce was fighting with a group of people, not just one person. ... Mr. Darden will testify that he didn't stay there at the scene. ... He may even have been handcuffed at one point. ... But he didn't rush forward and tell police at the scene. ... He didn't come forward. ... He didn't say, 'Hey, I .... saw this.' ... He waited until a day later, until he hears from someone who may have seen the shooting and then makes a statement.

"Ms. Keener will testify that she was shown a photograph of Javier by Mr. Darden.  ... When Darden showed her the photograph, at first it didn't look like the person who was fighting with Mr. Davance. ... The case of the attempted murder is based mostly on that identification. ... When Mr. Bolden was interviewed by detectives, he denied involvement in that shooting. ... That's also talking about the shooting [of the?] graduate students. ... That's what he told the [?] when interviewed by Detective Carreon."

When Bryan Barnes shot those two graduate students. "Mr Akemon is going to play the entire interview. ... What you're going to see is Mr. Bolding being interviewed for close to an hour, and denying any involvement in that incident. ... At some point, one of the detectives told him that he could get the death penalty for this case. ... Shortly after that, Mr. Bolden told them what they wanted to hear. ... It's only then, that he tells them what they want to hear. ... He was only 19 at the time, under duress, and he tells them what they want to hear."

He was then placed with the [paid] undercover informant.

"The informant tells Javier he is in there for murder. He's [Bolden] in jail now. ... Now, Bolden has been arrested. He's been booked for murder and now in a jail with an older gentleman. ... And Mr. Bolden at that time, has to look tough. He gets that jail bravado, and he admits to untold number of [crimes?]. He admits to having an M16 and all these other things, because in jail, you have to look tough. ... With this informant, he would [have]admitted to the Boston Marathon bombing. ... He then makes up facts on the USC incident and having a 25 caliber [weapon] and shooting it at the car. ... There's no evidence that a 25 caliber gun was ever fired at the passenger side."

"Well, the passenger side of the car, [where Wu was?] sitting, is absolutely clean. .. The window is intact. There are no bullet marks. There isn't any damage to that side. ... So Mr. Bolden is making things up, to try to look tough, to the paid informant."

Phone calls to Barnes
"That's Mr. Barnes confessing to what he did that night, and nothing more. ... The cell tower evidence is not conclusive. ... The phone that was registered to Mr. Bolden was in that area, but not that Mr. Bolden was a party to those [incidents?]. ... All we ask is to keep an open mind and not make any decision until you heard all the evidence."

That ends the defense opening statement. The people call their first witness. The people call Sargent Linda Ortega.

1. LINDA ORTEGA

There is an overview photo up on the ELMO (overhead screen), it's of the first shooting area. DDA Akemon asks if the lights could be dimmed in the courtroom.

DA: What is your current occupation?
LO: Sargent assigned to Internal Affairs group. ... Sworn officer just under 19 years.
DA: How long in Internal Affairs?
LO: Approximately 1.5 years.
DA: What type of assignment [is that?]?

It's an administrative investigative position where she investigates other police officers.  Before that she was assigned to 77th Division patrol on morning watch.  77th Division is in South Los Angeles. A patrol supervisor supervises officers on patrol, making traffic stops, things like that.

Ortega is asked about how long she had worked in that division.

LO: I had actually just gotten there, for approximately two deployment periods, so just about two months.

That's where she was assigned on February 12, 2012. She doesn't recall necessarily receiving a radio call. She may have responded to assist to a radio call. Occasionally, supervisors will receive a radio call if the patrol units are busy and there are several calls waiting. She would go out to a patrol unit that would handle a radio call.  In a shooting, a Sargent would typically go out to assist the scene. She was in her car alone, wearing a uniform.  She responded as a supervisor.

DA: Do you recall going to the scene because you automatically [were?] going out?
LO: No. I did not get a call to the scene. Either the noise on the radio made me aware, or the call in, in and of itself. ... The fact that it was a shots fired call, ... with someone down, would indicate that this is a code three call with lights and sirens responding. ... In my opinion, ... needs the [assistance?] of a supervisor.

LO: When I exited my vehicle and got to the scene it was quite chaotic. A lot of people around. People yelling and screaming."

Police officers tried to set up barriers. She cannot remember if tape was set up by the time she arrived.

LO: People were trying to get into the crime scene location and officers were trying to keep them out. ... [Officers were] trying to maintain evidence as well. ... It was very chaotic when I got there.

She believes she arrived approximately 10 minutes after the call went out. After 12 in the morning. She responded to South Western and 51st Street intersection.  She describes where this location is. It's South Los Angeles. If you take the 110 Freeway, it would be east of the 110 and south of the 105 Freeway. This location was south of the USC campus. It was less than 10 miles from USC.

LO: I believe USC is around, maybe in the 40's [referring to the numbered streets] and this is 51st.

There were other police officers already there. She was not the first Sargent to arrive. She saw another Sargent present giving officers direction.  Several other officers arrived about the same time. When she arrived, there were maybe ten officers there.

DA: Do you remember seeing fire personnel?
LO: I know they were there. I don't remember if they arrived before or after I was there.
DA: How would you describe the scene?
LO: Chaotic.

Sargent Barrillas (sp?) was the other Sargent. At the time, he was yelling at the officers to form a skirmish line. It's used in crowd control, crowd management situations. This line was across 51st Street, attempting to form a skirmish line of police officers. The northwest corner down across to the southwest corner of Western and 51st.  The other Sargent initiated the skirmish line. It was crowd management. If it is an unruly crowd, you form a skirmish to prevent anyone from entering the crime scene that you are trying to protect.

The witness identifies the streets on the overhead photo as well as other buildings. The banquet hall and a transmission shop on the corner of 51st and Western. Lines on the photo are identified as the skirmish lines. The witness is asked to identify what she saw, and where. 

LO: First was a male, and he was on the north sidewalk approximately 30 feet in from Western.

She is asked to mark on the photo (People's exhibit 1) an 'M' where the male victim was found and a F where the female victim was found. She got near the male victim. He was unconscious. He was lying on his back. His head was in a westerly direction and his feet were towards the east.

A second photo, People's exhibit 2.  It's a dark photo, showing paramedics working on a victim on the ground.

LO: This is the male victim lying on the north sidewalk of 51st Street.
DA: Did you get near the female?
LO: I remember her, but I don't know how close I got to her.
DA: Was she conscious and breathing?
LO: Yes.
DA: When you arrived and assisting, generally, what was your role?
LO: There was another Sargent there. The Sargent was taking a lead on having the officers doing the skirmish line and having people [officers] canvas and things like that and I was assisting him. ... I didn't canvas for witnesses, but I did look for evidence.

People's exhibit #3, a photo of the Garr Banquet Hall building. The witness points out the entrance to the banquet hall's parking lot to the left (south) of the building.

People's exhibit #4, another view of the area of the parking lot.  People's exhibit #5, a photo of the outside of the banquet hall and South Western Avenue, looking southbound toward 51st Street. The witness identifies the photos and describes areas in the photos. She identifies the security gate for the parking lot, the street and the sidewalk.

DA: When canvasing for evidence, did you notice anything unusual?
LO: Yes. ... There was an expended casing on the ground.
DA: Please describe basically where that casing was.
LO: There was a casing, near the light standard and a black boot.
DA: Where was that in relation to the [banquet hall] parking lot?
LO: It was south of the driveway.

The driveway to the casing was maybe 20 to 30 feet.  She marks on the photo a circle around the casing.  She is asked to describe a casing.

LO: A casing is part of a round of a live round of ammunition and what houses the gunpowder for the bullet to eject the casing. ... The bullet is expended the gunpowder is blown up and the casing is what remains.

She is asked to identify something white in the last photo.

LO: I believe that is what we call a field interview card. ... Typically, at crime scenes, to identify evidence, police will fold a field evidence card. ... I don't recall who put it there. ... I was with officer McGregor (sp?) and I believe [it was] one of us who discovered the casing. ... I know that Officer Balle was responsible for the scene, so I [informed?] him about the evidence.

People's exhibit #6, a close up photo of the boot and a casing next to the boot. There is an evidence marker in the photograph. The witness identifies items in the photo.

People's exhibit #7, photograph of the front of the Garr Banquet Hall.

LO: That is the street to the bottom ... [this?] portion of the photo is Western and the street ... 51st, and that is a photo of the transmission shop on the corner of 51st.
DA: Did you find any other evidence in that area?
LO: Yes. A live round. ... It was around that had not been fired, so it still had the projectile.  ... I remember a sign. ... I don't see a sign in people's #7.

As I listen to testimony and try to type keeping up, I'm starting to get the afternoon yawns. I'm so tired I feel like I'm starting to fall asleep.

The witness identifies in the photo where the live found was found.

People's exhibit #8, a close up photo of the live round, underneath the transmission sign in the photo. People's exhibit #9, another photo of the live round. People's exhibit #10, another photo of the street corner from far away, the northwest corner of S. Western and 51st streets. The witness indicates where she saw the two victims down on the ground.  The witness testifies that she canvased 51st Street. She was present when both the male and female victims were taken from the scene.  She remained and assisted.

After the male victim had been transported, she went to where he was lying. There was some kind of plaid clothing article. And underneath that plaid clothing article, was an expended casing.

People's exhibit #11, a close up photo of the plaid shirt. The bottom portion of the photo, the plaid clothing article, then a yellow leaf, and then underneath the article of clothing was an expended casing found right here.  The shirt was in the street, the curb. Where the victim fell, was on the sidewalk.  The distance between the plaid shirt and the male victim was approximately eight feet.  It was several hours later when they discovered the bullet casing under the plaid shirt.

People's exhibit #12, a photo of the same items. It was several hours after, discussion as to who was going to take charge of the crime scene. And then [?] moved the plaid shirt and found the casing. People's exhibit #13, a close up photo of the plaid shirt.

That ends direct examination. Cross examination begins.

AG: Sargent Ortega, at the time, you said you were a patrol supervisor?
LO: Yes.
AG: And you were alone in your car when you [first heard about the incident]?
LO: Yes.
AG: You were about 10 minutes away from the location?
LO: I believe I was about 10 minutes away. ... I believe I heard the radio call, or I believe I heard them responding, yes.
AG: When you arrived, there was already some officers there who had responded?
LO: Yes.

The witness does not recall when the crime scene tape was put up.

AG: Approximately how many other officers were there when you got there?
LO: I'm not exactly sure, probably about 10.
AG: Did more officers arrive after you arrived?
LO: Yes.

I believe she comments that this was a while ago.

AG: How many officers responded to that crime scene?
LO: I don't know.  Probably maybe 20 or less, maybe a little less than 20.
AG: Somewhere between 10 to 20 would you say?
LO: Yes.
AG: And when you first got to the scene, it was chaotic?
LO: Yes.
AG: Lot of people milling about in the street? ... 20 to 30 people?
LO: I would say between 20 and 30 people.
AG: When you first noticed the people [who] appear to be injured, where there any civilian witnesses, ... were there anyone around them?
LO: I don't recall.

The witness does not recall the exact time of arrival of the paramedics.

AG: Sargent Barrillas was forming a skirmish line for crowd control?
LO: Yes.
AG: ... wanted to preserve the scene to collect evidence?
LO: Yes.

Soon after she arrived on the scene there was still a lot of yelling and screaming but not as erattic as when she first got there. The other supervisor was a Sargent.

AG: You were the two supervising officers on the scene that morning?
LO: Yes.
AG: And did detectives come ... if you remember?
LO: I don't believe detectives responded.
AG: And so when you and a supervisor respond to a crime scene like this, one of your responsibilities is to collect evidence?
LO: Typically, a supervisor doesn't collect evidence.
AG: [It's to?] make sure that evidence gets collected?
LO: Yes.
AG: Making sure that evidence did get collected?
LO: Yes.

I believe Goldman asks if another responsibility of a supervisor is to canvas and speak to witnesses.

AG: On that morning, you oversaw the canvasing and looking for evidence?
LO: Yes.
AG: And the other Sargent, he was in charge of getting other officers to canvas and speak to witnesses?
LO: Yes.

There are a few more questions about the other officer's duties on canvasing then cross examination ends.  There is no redirect and the witness is excused.  The people now call Officer Luis Valle. Judge Marcus asks to see the attorneys at side bar for a moment.

A tall, dark haired, handsome uniformed officer enters and takes the stand. There are two stripes on his uniform. Wikipedia states this indicates the officer is a P3, patrol level 3.

Officer Luis Valle is sworn in to testify. He's an LAPD officer. He is currently assigned to Southeast Division. On the time of February 12th, he was assigned to 77th Division. He's been an officer for 6.5 years. At that time, he was on patrol. He was with a partner, Officer Whitfield (sp?). He was driving a black and white that night.

DA: At approximately 12:45 AM, did you receive a call of some sort?
LV: Yes we did.

The nature of the case was AW, ambulance shooting.  That there was a shooting where the victim would need to be transported by an ambulance. The abbreviation AW stands for 'assault weapon.'  The shooting was as 51st Street and Western in the County of Los Angeles.  People's exhibit 1, a photo of an intersection is put up on the screen. The witness identifies the intersection as 51st and Western. When the witness arrived, he and his partner saw 30 to 40 people in the corner of 51st and Western. 

LV: Once we noticed those 30 to 40 people, we approached on 51st Street just west of Western. There was a male black, laying on his back with his face facing up. His head was pointed toward the west.

The victim was covered in blood and didn't appear to be breathing. He was unconscious.

LV: I was not the first [to arrive]. I was probably the third black and white. ... There were four officers and a Sargent. ... they were trying to get the crowd away from the victim so they could attend to his needs.
DA: Did you see anyone else down?
LV: Just west, there was another [?] ... There was another person who was a female, suffering from a gunshot wound.
DA: Eventually, were you and your fellow officers, were you able to control the scene?
LV: Yes, we were.

Once the investigation started, his role there was to direct officers where he needed them. He directed officers to put crime tape up, to make sure that when the ambulance arrived, they could get access to the victim.

DA: Where exactly was the crime scene tape put up?
LV: We had some tape here [indicating on the photo in front of the banquet hall].

There was more tape put up at Western and the Banquet hall. It was also blocked off at around 51st Street.

DA: Basically, blocked off the whole area?
LV: Yes sir.

Balle wrote the primary report, spoke to various witnesses and attempted to collect evidence.

DA: What did you do in regard to collecting evidence?
LV: Made sure I spoke to officers that spotted evidence. ... and with Officer Whitfield, we collected evidence.

He had an Officer McGregor (sp?) and a Sargent Ortega point out evidence that they saw.

DA: And when they pointed out that evidence, what did you do?
LV: We made sure that we secured that evidence, that it could be photographed and booked into evidence.
DA: Was there a police report generated in this?

The number of the police report is read into the record. 12-12-06793. The details of booking the shell casings and how they were listed in the report is reviewed.

DDA Akemon brings the evidence envelope with the shell casings to the officer who identifies it. This is people's exhibit #14.  An image of the envelope is put up on the screen. The witness identifies his writing on the evidence envelope, and that's the envelope that he put the casings and live round into.  The front and back of the envelope is shown.  The witness explains the seals on the evidence envelope. He is asked to open the envelope in a specific way and identify the items inside.

The witness describes his procedure for booking items into evidence. He books the casings, then puts the items into the envelope and last, attaches the seals. The witness opens the envelope and identifies the evidence.

Judge Marcus calls an end to the court day. The witness is ordered back for tomorrow morning.

The jury files out. Alternate 2 is asked to stay for a moment. Judge Marcus tells the alternate that she is excused. The court apologizes that he should have remembered about her doctor appointment, that she mentioned earlier in voir dire. However, Judge Marcus doesn't want to lose a half day of trial testimony waiting for this juror.

And that's it. Unfortunately, I will not be able to cover the daily testimony of this trial. I have too many responsibilities to Mr. Sprocket's health and his business. (For those of you who have asked, Mr. Sprocket is doing pretty good, all things considered. He has been dealing with some medication side effects, but other than that, is doing well and able to work.)

I did attend Barnes' and Bolden's preliminary hearing. If I get enough notice, I will try to cover closing arguments and the reading of the verdict.

10/16 Local NBC 4 News Story on Opening Statements (video)

10/17 Local CBS 2 News Story on continuing trial testimony

I am trying to get caught up on some of my notes on older pretrial hearings that have not been transcribed yet. Below are my notes on what happened on June 27, 2014 in the Gargiulo case. Sprocket

Continued from Part I .....

June 27, 2014
8:45 AM
I’m on the 9th floor of the downtown Criminal Justice Center. Mr. Sprocket, who just got out of the hospital on June 16, came with me today. He is going to try to take notes on the Cameron Brown hearing in Dept. 107, while I attend the Michael Gargiulo hearing.

I got to introduce Mr. Sprocket to DDA Daniel Akemon and DDA Garrett Dameron. Mr. Sprocket had to tell them all about his ICU psychosis that he experienced while recovering from his heart attack. It took Mr. Sprocket quite some time before he realized that some of his experiences in the Telemetry Unit were hallucinations and didn't really happen.

8:55 AM
Inside Dept. 108, Judge Ohta’s courtroom. I can tell from the well of the court and the jury box that Judge Ohta is currently in trial. There is also a pretrial hearing in another case.

  Defense Investigator Chris Nicely was in the hallway when I arrived. Stand-by counsel for Gargiulo, Charles Lindner is here. It's my understanding that Mr. Lindner is here for the other pretrial hearing this morning. I believe DDA Daniel Akemon is in the hallway, chatting with someone about the USC Chinese Grad Student murders.

I note that Judge Ohta's hair appears a bit disheveled.  Mr. Lindner greets someone in the gallery. Nicely leaves the courtroom with Lindner.  LA County Sheriff's Detective Mark Lillienfeld is here. I've been a big fan of Detective Lillienfeld ever since I saw him testify in both Phil Spector trials. I've also seen Detective Lillienfeld testify in the Cameron Brown case, second trial. Detective Lillienfeld solved the murders of Mickey Thompson and his wife by Thompson's former business partner (that former DDA Alan Jackson successfully prosecuted) and has also interviewed Charles Manson.

Now the counsel in the other pretrial hearing are at the bench.  DDA Akemon arrives and the other case defendant is brought out. That case goes on the record.

The defendant is to be sentenced. The sister of one of the two victims begins her victim impact statement. She talks about her turmoil. The defendant fidgets in his seat. He does not look at the sister. The woman states that her brother and his girlfriend are dead.  Her words bring tears to my eyes and I have difficulty composing myself.  I take some deep breaths.   Mr. Sprocket is beside me and is listening intently to the victim impact statements.

Next, an older gentleman gives his victim impact statement.  "I do not know what the motive was. ... This young man took the life of my son, Michael. ... He was only 21 years old. ... He was going to school to be a chef."

Another older man gives his impact statement next. He is a pastor, and victim Nicole (sp?) was his niece. "One of the hardest things for me to do as a minister was to conduct Nicole's funeral services."

The pastor quoted Luke, from the Bible. I believe he said, Judge not less ye be judged. Mr. Sprocket tells me the pastor did not quote the King James version, but a new version. Mr. Sprocket tells me the quoted text is what Luke has, for Matthew 7. 

The defendant stares straight ahead.  Nicole's mother speaks next.

"She was nineteen. ... Michael was her first love. He was her Romeo and she was his Juliet. ... All I ask is that ... [for?] God to have compassion for him. ... We don't hate, but we don't forget."

The victim impact statements did not have one negative word directed towards the defendant.

Judge Ohta comments after the victim impact statements. "I've have done many serious cases ... Had many families make [statements]. ...  But [of?] all I've [heard?] here .... Your family, your victim impact statements were the most beautiful ... and they really touched me."

They are now at the point of sentencing. The defendant receives two life sentences, to be served consecutively for first degree murder. Life term, 25 years minimum. Life term plus 25 years consecutive. Fifty years minimum followed by two life sentences. There is more to the sentencing (providing DNA, court costs, over $30,000.00 in restitution settlement to the families, etc.,) but I don't transcribe it all.

Judge Ohta is now ready for Gargiulo. Mr. Sprocket goes over to Dept. 107 to cover the Cameron Brown hearing for me. DDA's Akemon and Dameron along with Detective Lillienfeld enter the well. They're having a chat. Investigator Nicely is in the back row of the courtroom gallery.

When I had entered Dept. 108, a pretty, slender reporter entered. I note that she's left handed, like me. There are four sheriff's deputies in the well to watch Gargiulo. The pretty reporter is now chatting with a defense attorney sitting behind her.

Judge Ohta is still on the bench, waiting for the defendant to be brought out. Judge Ohta addresses a question to Detective Lillienfeld. It's something about getting tired of what [he? one?] does. Detective Lillienfeld says something to the effect of being on the job for 34 years, and that he might be "... toward the end of my journey."

Another suited gentleman enters, greets the DDA's and Lillenfeld. He chats with DDA Dameron and then leaves.

9:48 AM
Michael Gargiulo Case
Several people from the general public are still in the gallery.  Gargiluo is brought out. His head is completely shaved. No mustache. No long sideburns. It's a completely different look. Gargiulo's left hand is chained at his waist. 

Judge Ohta goes on the record with People v. Gargiulo SA068002. Investigator Nicely is sitting with Gargiulo.

Judge Otha gives a quick review of what happened at the last pretrial hearing. There was a review of the Wilson hearing. The court reviewed modifying the defendants pro per privliges. Judge Ohta states that he did not agree with everything and that he modified some of the defendants pro per privileges in the jail system.

Judge Ohta asks Gargiulo if he still is determined to represent himself. "Are you still of that mind, Mr. Gargiulo?""Yes, your honor," Gargiulo responds.  Judge Ohta then wants to make sure, "That you still understand the circumstances you are under."

A general time waiver is discussed.

The people present a motion in limine to introduce crime scene evidence and expert testimony of retired FBI Agent Mary Ellen O'Toole. The people also prepared a response to the defendant's informal discovery request. I believe the prosecution states that neither of these documents need to be dealt with and that it's just alerting the court. The people turned over pages 29,061 - 29,098 to the defense. With this report, discovery is essentially turned over to the defense.

The defendant asks the court if he can have a hand free, since both of his hands are shackled to either his waist or the chair. He cannot write anything.  The court asks, "Which hand are you, left or right? ... I can certainly honor a request ot have a hand free so you can write." There is some confusion as to whether or not Gargiulo is left or right handed, and it doesn't appear that Gargiulo cares which hand is uncuffed.  The bailiff unhooks Gargiulo's right hand.  Gargiulo apologizes to the court. Judge Ohta responds, "You don't need to apologize to me."

I believe it's the court who continues with the fact that most if not all the people's discovery has been turned over.  The people launched a timeline. The court doesn't feel they've fully discussed that, but the court does want to set time frames. The DA doesn't appear to have that timeline with them today. Judge Ohta mentions an approximate trial date of April 2015.  Judge Ohta won't say that will be the date, but if there isn't a date, there is a free flowing tendency and things don't get done.

Gargiulo tells the court that he can't do anything because he has no access to the jail law library or case law books.  I believe Gargiulo mentions something about "Wilson 1978." He's also asking Judge Ohta to reinstate access to the law books. I believe Judge Ohta tells the defendant that if he wishes to request a modification to his pro per privileges, he needs to make a motion. The court tells Gargiulo that his remedy was to challenge by writing. Since he represents himself, he needs to figure out what the issues are. "If you're asking off the cuff to modify [the pro per privileges] ... I already conducted the review [of the Wilson hearing]  and I agree with the Sheriffs."

Gargiulo tells the court that there are so many witnesses that he can't contact and so many witnesses that have passed away.

Judge Ohta tells Gargiulo to sit down and take a look at the timeline and benchmarks, and the things that he needs to get done. That there are things he needs to achieve with those benchmarks.

Gargiulo doesn't know how those things are going to get done.

Judge Ohta mentions something about the Wilson hearing, but I miss getting all of what he said. He also asks Gargiulo if he is certain he still wants to represent himself.  I believe Gargiulo responds that the court has taken away his ability to represent himself.

The court responds, "You're telling me you want to stay pro per, but hampered because your privileges are restricted.  ... Knowing that, do you still want to go forward? ... But you also say to me, I don't have access. I need clarity so [your?] state of mind is clear."

Gargiulo replies, "I'm definitely going pro per. ... I've no way of getting law books. ... I should be able to have law books. ... but all my privileges to prepare a defense have been taken away." Gargiulo adds that he only is able to see his investigators.

The court responds that, knowing those things, Gargiulo has to decide if he wants to remain pro per.

Gargiulo replies, "I definitely want to remain pro per."

Judge Ohta responds, "Once discovery from the prosecution is given to the defense, in most cases ... the defense begins to provide discovery." Pretrial motion filings are mentioned.   Judge Ohta reminds Gargiulo that along the way, the prosecution filed in limine motions. "Those are for trial. ... Motions in limine don't bind other judges, so I don't do motions in limine pretrial." Judge Ohta has those motions argued right before trial is to start. "So usually, defense will file pretrial motions [to be handled before trial]."

Gargiulo has a question for the court. "The prosecution filed a motion in limine and they allowed in Perkins motion and they did that at the prelim."  Judge Ohta responds, "I don't really know what you are talking about. ... Put it on paper and I'll look at it. ... You need to figure out defense discovery and pretrial motions ... it can be soon."

The court and DDA's Akemon and Dameron discuss the best time to come back. DDA Dameron states they could come back and iron out timelines, and then come back again.

Judge Ohta states he would like to come back in July. July 11th is selected. It's noted for the record that Gargiulo signed for the DA's discovery pages.

And that's it. I note that the pretty reporter speaks to Detective Lillienfeld before she leaves.  (I later learn the woman is respected reporter, Christine Pelisek who writes for The Daily Beast. Sprocket)


T&T's pretrial hearing notes for July 11.