Thursday, August 11, 2016

Cameron Brown's Appeal Status II - Brown's Opening Brief is Filed

 Cameron Brown, during his third murder trial.
Photo Credit: Pool Photo, Associated Press

Full case coverage HERE.
Prior post on the case HERE.

August 11, 2016
Background

After three trials and 11 years in LA County Sheriff's custody, on May 13, 2015, Cameron Brown was convicted of first degree murder in the death of his 4 year old daughter, Lauren Sarene Key. Lauren plunged to her death off of Inspiration Point, a 120 foot cliff in Rancho Palos Verdes, CA on November 8, 2000. Jurors also found true the special circumstances of lying in wait and murder for financial gain. Brown was sentenced to life without parole on September 18, 2015.

The Appeal Docket
The California Courts of Appeal website indicates that Brown's appeal was filed today. [Two screenshots were taken to show you the complete docket.]


Brown's opening brief was over 25,500 words. Once the California Attorney General's office files their response to Brown's opening brief, Brown's attorney files a reply brief. After all the briefs have been filed, then the waiting game begins for oral arguments to be scheduled. 

To give you an idea of how long it might take, oral arguments in the Stephanie Lazarus case were scheduled 18 months after the case was fully briefed.

Where is Brown Now?

Once in the custody of California's Department of Corrections & Rehabilitation, Brown spent about eight months at WASCO, an intake facility. That appears to be an unusually long time at an intake facility. Within the past month or so, Brown was transferred to the CDCR's Substance Abuse and Treatment Facility at Corcoran State Prison, where he is today.

Wednesday, August 10, 2016

"Grim Sleper," Lonnie Franklin, Jr. Sentencing Today


Lonnie Franklin, Jr., May 5, 2016
Photo Credit: Pool Camera/Video

Full T&T Case Coverage HERE.
Prior case post found HERE.

UPDATE: Daily News - City News Service, Terri Keith report.
UPDATE: ABC7's Miriam Hernandez is live tweeting the sentencing.

August 10, 2016
Lonnie Franklin, Jr., the "Grim Sleeper" a serial killer whose killing spree of young women spanned over 20 years in South Central Los Angeles, was convicted on 10 counts of first degree murder and one count of premeditated attempted murder on May 5, 2016.

During the penalty phase of the trial, Deputy DA's Beth Silverman and Marguerite Rizzo connected Franklin to five additional victims, the oldest dating back the 1970's when Franklin was in the US Army stationed in Germany.

On June 6, 2016, the jury returned death verdicts on all 11 counts. It's expected that Judge Kathleen Kennedy will honor the jury's verdict and sentenced Franklin to death today.

During the penalty phase, jurors heard the heart wrenching memories of 28 family members of the victims testifying about their loss and grief of losing their mother, their sister, their daughter or the grandmother they never got to meet.

Unfortunately, I will not be able to attend the sentencing today.  Our kitty Scout, who was diagnosed last year with Lymphoma, has not been doing well these past few days. I stayed up with him all last night. Hopefully our vet can help him feel better today.

ABC Associated Press- Brian Melley

LA Times - Marissa Gerber & James Queally
NBC4 - Wire Serivces
CBS2 - Local

Friday, July 29, 2016

Michael Gargiulo Case Pretrial Hearing 35

 Michael Thomas Gargiulo, in custody, date unknown

Full T&T case coverage HERE.
Prior hearing on this case HERE.

July 14, 2016
It's been awhile since I've had the chance to update everyone on the Gargiulo case. Not a lot has changed, except that Gargiulo now has counsel he likes and appears to get along with.

I attended the pretrial hearing on Thursday, July 14 in Dept. 108. The last pretrial hearing I attended was on January 27. I missed pretrial hearings on February 29 and April 11.

8:35 AM
In the hallway on the 9th floor I see Dale Rubin. I reintroduce myself to him. Right beside him is a sharply dressed attorney I've seen many times around the courthouse, but I don't know his name. I introduce myself. He is defense attorney Daniel Nardoni and Rubin's second chair on the Gargiulo case.

8:47 AM

Deputy DA Dan Akemon and his intern arrive on the 9th floor. DDA Akemon goes over to chat with Rubin and Nardoni. Defense investigator Chris Nicely is here. Chis is an exceptionally nice guy and I've enjoyed the conversations we've had over the last few years. 

8:50 AM
48 Hours producer Greg Fisher arrives around the same time as LA County Sheriff's detective Mark Lillienfeld. They chat for a bit before Greg comes over to say hello. Over the years, several of Detective Lillienfeld's colleagues have mentioned what a phenomenal detective he is.  

8:58 AM
There are about three dozen people in the hallway. It's a good mix of jurors, general public and counsel. 

9:05 AM
Down at the other end of the hallway headed this way I see Deputy DA Garrett Dameron, DDA Akemon's co-counsel. 

9:15 AM
Inside Dept. 108, I take a seat in the second bench row. Greg joins me. I give him a short update on the case. As we enter, there is a pretrial hearing in another case. Judge Ohta's regular court reporter and court clerk are at their desks. The other hearing is quickly over. 

9:16 AM
Judge Ohta tells his bailiff, "Let's have Mr. Gargiulo."  A few minutes later, the DA's Chief of Media Relations, Jane Robison arrives.

9:18 AM
While the bailiff is retrieving Gargiulo, Judge Ohta, Rubin and Nardoni have a friendly chat. Rubin jokingly tells the court that he and his new co-counsel can't stand each other.

When Gargiulo is brought out he looks the same as when I last saw him. Orange jumpsuit, bald head and clean shaven. As Gargiulo sits in his assigned chair, Rubin puts his left hand on his client's upper back. Gargiulo then leans right to speak to the bailiff and then his new co-counsel.

The court goes on the record. The defendant is before the court. The parties state their appearances. Daniel Nardoni then tells the court that they have "two Daniels," and asks Judge Ohta if he would like to call DDA Akemon "Dan" and himself "Daniel" or "Danny." Judge Ohta pauses a minute before he responds, "I'll probably call you by your last name."

It looks like this is the first time Mr. Nardoni has appeared on the record in Dept. 108 representing Gargiulo. I recently reviewed all the court clerk's minute notes on this case. It appears Mr. Nardoni was appointed on May 27, 2016 in Dept. 123.

As I've mentioned before, Dept. 123 is the 987.9 judge appointed for this case. This is where all defense requests for expenditures are reviewed and approved.


The case calendar is 3 of 90. Rubin tells the court that the defense team is set now. They are trying to come up to speed on the facts of the case. They request a return date of September 14. By that time they will have "digested" the materials.

The court asks Gargiulo if he waives his right to a speedy trial and that the next hearing will be on September 14. "Yes, your honor," Gargiulo responds.

The people put on the record that they turned over discovery pages numbered 30,904 to 31,491. The discovery has officially passed 31,000 pages. Mr. Nardoni verifies they got the discovery last week.


The defense tells the court that Mr. Gargiulo received from a medical person an order for bottled water. The Sheriff's have not been compliant with that order. The defense asks if the court can order that.

Judge Ohta tells the defense that they need to file a habeas [motion?] that [the Sheriff's?] are not compliant. Judge Ohta adds, "File it with me and I'll look [it] over."

Mr. Nardoni asks the court for an order to be able to take his laptop with him when he visits Gargiulo at the jail. Judge Ohta states he will sign that order.

And that's it. Next hearing is September 14, 2016.

When I step onto the elevator, I believe I recognize a detective. I ask him, "Are you Detective Thomas Small?" He tells me "Yes." He also adds that this is his last day. He's retiring as of today. Detective Small is a legendary LAPD Homicide Detective at the Hollywood Station. He was the lead detective on the murder investigation of victim Ashley Ellerin.

Next pretrial hearing September 14.....