Friday, October 31, 2014

Grim Sleeper Pre-pre-pre Trial Arraignment

At 8.45am everyone (except the Defense and his client Lonnie Franklin), including the Prosecution, the Homicide Detective(s), the regular four victims family members, were all in their seats in the Courtroom of Dept 109, on the 9th Floor, of the Criminal Courthouse.

At 9.04am the Defense comes racing in to the Courtroom as if he's a racehorse and has just been let out of the gate to run his first race at Santa Anita..... Typically late of course.

At 9.18 Lonnie Franklin shuffled in, handcuffs and in his orange oversized jumpsuit.  Escorted by the bailiff of course.

The Defense started speaking without anyone asking him to, which is typical, stating that he had only just received his 'last batch of DNA' to be tested and that he will be reconsidering whether or not he'll decide whether he needs to do any more DNA testing after that.  He stated that he doesn't want to come back until December 1st as, "there would be no point as we (the Defense) still aren't ready.

The Prosecution jumped in stating that they, quite rightly so, are not willing to wait an entire month to come back to Court.

The Judge asked "Why does this (re: the delivering of evidence) 'dribble' on so slowly?"

To which the Defense started to raise his voice, as always, stating that he'd like to speed things up but it's out of his hands.  He went on to say that nothing would make him happier for the process to be quicker but it's not up to him.  Then who is it up to I ask myself.

"I am working very hard on this case and need the time away from the Court to increase my chances of me being ready for Trial coming up early next year"... The Defense said.

The Judge responded that she is keeping the date of November 14th for the next pre-Trial Arraignment and that is that.

Of course the The Defense argued back in his typical passive aggressive way that he will be 'willing to do that but is hesitant as it is all about a money issue right now and he's trying to stay ahead of it' however he is talking to his DNA experts continuously.

(This statement made no sense to me either).

The Prosecution stated that they have a number of large cases coming up at the beginning of the year so they need to know definitively whether the Trial date (which has been set already) will be going ahead or not.

The Defense shot back that he will probably need a 'time waiver'

It all ended within 8 minutes and we walked out at 9.26am!

Another waste of time, especially for the prosecution and the victim's family members who are doing their best to contain themselves after continuously being reminded (every Court date) of the tragic loss which they have had in their lives.

To be continued......




Monday, October 6, 2014

The Grim Sleeper Pre (Pre.. Pre..)Trial Arraignment... "Counsel Should Have Been Arrested!"

At 9.04am in Dept.14 on the 9th Floor of the Criminal Courts Building, Downtown LA, Lonnie David Franklin Jr. was walked in by the bailiff.  As usual he shuffled in wearing shackles and handcuffs and the same orange jumpsuit as always, looking downward.

Nothing was any different today from the routine that has always taken place in Dept. 14 every 2 - 3 weeks with all of these  Pre, Pre, Pre Trial Arraignments, since July 2010.

Each and every Court appearance, one of the Attorney's (or should I clarify, the public defender's) for Lonnie Franklin becomes more and more ballsy, combative and argumentative.  However today he went overboard and it was grounds for him being held in Contempt of Court.  I am surprised that he wasn't arrested with his threats, outbursts and attacks directed to the Judge and the DA.

After 4 years and 3 months of Counsel's bumbling and rambling responses to the Judge's questions.... and with him continually making excuses for having, yet again, made no progress whatsoever to expedite this case going to Trial..... and with his unlimited attacks on the DA and her (justified) attacks on him.... etc.. Judge Kathleen Kennedy finally had enough!

Her face became red quite a few times and then she suddenly raised up in her chair, leaning over her desk and pointing down to this little man, Franklin's Counsel, and yelled "Stop it!  Stop it! Stop it!" She yelled these words well over those three times.  Then she turned to the DA, as soon as she responded with an attack back and again yelled "Stop it the both of you!"

In a nutshell the Defense was saying that they need a few more years to get everything together for this case to go to Trial!  They make the excuse that due to the fact that there are 10 murders (and counting) linked to their client, that this is the reason for all the unending delays.

However today we were supposed to receive a 'Trial date'?  "So what was this bumbling fool playing at now?"   (Speaking the thoughts of the rest of the Courtroom including myself).  

The family members who I always sit next to, just gasped in absolute horror when this was said.
Counsel went on to splutter out: "My experts have told me they need a couple more years at least, especially as we have to go through hours and hours of video tapes."

The Judge responded with: "Two more years is ridiculous!  I want to know now what date we are going to set for Trial... today?"
Counsel retorted with his angry attitude, leaning in to the desk, banging the table aggressively: "I'm sorry but I won't give you a 'Trial date'!  I refuse!  I want to get the case to Trial as soon as I can but if I can't do it competently then I won't do it until I'm ready.. not you!"

It went back and fourth between the Judge, the DA and Defense Counsel and the yelling got louder and louder from the Defense's side.  He even said that if they set a date today, he will immediately 'make motions to delay it time and time again'.  Judge Kennedy said that he was 'Threatening the Court and also that his 'level of voice will not be tolerated' in her Courtroom.  She told him that he was 'Out of line!'.. on a number of occasions.  This statement was long overdue.  

"Ok, the Trial date will be January 14th 2015" Judge Kennedy stated.  This date was agreed upon by both the Judge and the DA, however naturally the Defense Counsel 'lost the plot' all over again.  He was rolling around in his chair like a rabid dog with spit coming out of his mouth when he shouted.   No one seemed to have any control over him, although today, the Judge tried her best.   Even the homicide detective told me afterwards that he'd 'never seen anything like this in his lifetime'.  He told me other things about the case too, but that was off the record and will remain that way.

It was beyond uncomfortable for everyone in the Courtroom today.  The Defense knows he has everyone by the 'short and curlies' (aka b**s).
Meaning that, at this late stage of the game, if the Judge was to replace him with a competent lawyer, the new Counsel would have to start from the beginning again which would take many more years. So Franklin's Defense seems to continually get away with being abusive and venomous every time Court is in session, yet no one can do anything about it.  Each time he gets worse.  

To add to this mess, we the tax payers are still paying him his hourly wage.  You can be sure that he is billing/invoicing for himself numerous hours even when he's asleep.

The families of the victims just sat there, some with their heads in their hands, some on the verge of tears and some just so worn down with this horrible process that they just hung their heads in utter disbelief.

This is yet another terrible miscarriage of Justice and everyone is suffering, in one way or another, due to the actions (or lack of actions) from this incompetent Defense!

To be continued.......