Monday, November 21, 2016

 February 24th

Lonnie was wearing the same clothes as yesterday ~ a blue shirt, beige trousers and a greyish tie that he places over his neck when he sits in his chair and before the Jury arrives.

In the lunch break I very graciously went up to Seymour Amster who was doing his usual pacing of the corridor.  I asked him if Richard Harris could please be allowed back in to the Courtroom as he said yesterday that he’d ‘let me know’.  Well because he had an audience in the corridor, he immediately raised his voice and shouted “Would you stop interfering with my procedure”.  His face was all red as if he was about to explode, but that’s normal for him every time he speaks.   I responded with the fact that I’m sorry however I am speaking on his behalf as he is not allowed in the Courtroom.  After all he had flown here from Atlanta for the Trial and blatantly refuses to be a witness for the Defense.   Amster just shouted again that “Mr Harris has been excused and that’s all there is to it.”

We all walked in at about 1.38pm followed by Lonnie Franklin, who again was putting his tie on in his seat.  Wearing the same blue shirt and beige slacks as yesterday that seemed way to big for him due to the weight he’s probably lost being in jail.

The Bailiff was in a very heated discussion with a black woman who was seated in front of me.  She was sitting where the victims’ family  members usually sit.  The Bailiff was asking her nicely who she is and her association with the Trial.  Was she a family member of a victim or the Defendant?

Bailiff: Would you please identify who you are?  I am coming at you nicely and professionally and asking you who you are here for?  If you don’t tell me who you are I will have to remove you from the Courtroom.”
Woman:  I don’t have to tell you nothin’ I’m a family member of someone.  I was a kid when she died. I ain’ telling you who she was”
Bailiff: “You are being uncooperative and I’m going to have to remove you from my Courtroom.  This is my Courtroom and I need to know who is sitting here.”
She sat there with her arms folded as the Bailiff lent in to her very closely and said “Ok step out of the Courtroom right now.”  She resisted and I could see all the other Sheriff’s closing in, including the Defense and Detective Dupree.  It looked like a takedown was about to happen but she got up and stormed out being escorted with no less than 4 Sheriffs, one of them being the Bailiff. 

At 1.43pm the Jurors walked in the main door.

On the stand again was Cristina Gonzalez who had testified yesterday afternoon and this morning continuing with having to basically keep defending her professionalism and the correct procedures and protocol she uses in collecting and analyzing DNA.

Amster gets up for cross

Amster:  Are you saying that it’s not possible in the entire world’s population for there to be the same….
Judge Kennedy cut him right off and said “Mr Amster we’ve been through all this the last time you cross examined”.
With that, he didn’t say a word and gathered his papers and stormed back to his chair sliding his feet as he does with his neck protruding forward at least  a foot ahead of the rest of his body.

1.52pm   The LAPD Seargant Allan Seeget came to the stand. 

Sgt. Seeget works out of Rampart Division now and oversees the training Unit.  He’s been with the LAPD for 32 years.  He used to work at Newton station in South Central Los Angeles where he was a patrol officer.

This crime scene is where Barbara Ware was found.  At 1356 East 56th Street.

DA: Sgt Seeget On Saturday January 10th 1987 at 12.30am, just after midnight, were you called to an alley located in the 1300 block of East 5th Street?
Sgt: Yes I was
DA: Was it a call for a dead body?
Sgt: Yes it was a call for a possible dead body?
DA: What were the weather conditions?  Was it dark out?  What did you see?
Sgt: It was very cold that night and it was still dark, in fact me and my partner had to use our flashlights and walk up the alley. Robert Diaz was my partner at that time.  We saw lots of trash and debris all over the alley.
Judge:  Sgt Seeget you can say what ‘you’ saw but you cannot say what ‘we’ saw.  He turned to look over to the Judge who was sitting directly to his right.
Sgt: Yes your Honour I understand.

Turning back to Beth Silverman again he said:
Sgt:  I then saw a dead body?
DA:  Could you show us?
With his laser pointer he showed us the position the body was found which was to the right of the picture on the side of the alley.  He pointed to a leg wearing a pair of jeans.  He explained that the debris was stacked up on top of her.  He called for additional units to come to the crime scene and put up the yellow tape so that no one else could enter that area without signing in and signing out of a log.  At least one Coroner and at least one Criminalist and Investigator always shows up to a crime scene that appears to be of a homicide.

Every day, by the way, Lonnie Franklin looks straight ahead.  He never looks left or right when he is seated on his chair, he also never looks at the monitor.

DA:  Did a serial killer task force arrive at the scene?
Sgt: Yes at least 8 officers arrived at the scene.

Hang on a minute, I thought, the serial killer task force wasn’t even formed until 2007, so how could it have been possible for ‘a serial killer taskforce’ to be on hand all the way back 2 decades before?  Something doesn’t make sense here and I planned to ask Detective Dupree about this in the afternoon recess.   Plus I will also ask Cliff Shepherd about it too.   More to come on this later……

More horrifically graphic crime scene pictures were shown of Barbara Ware and her lifeless body.  Her face had blood all over it even though she was shot in the chest, my guess is the blood on her face came from when she was fell to the ground somehow after being shot.  I am so glad that Ms. Diana Ware wasn’t in the Courtroom today, she was noticeably missing so I’m sure she was advised not to come in today as it would have been too difficult for her to see.  God Bless that lady, I’m sure her daughter is looking down at her from heaven knowing how much her mother loved her.

Silverman asked Sgt Seeget how many homicides crime scenes he’d been called out to over the years, to which he responded, “Well over a hundred, but that’s a tough one to be exact on that!”

Silverman asks the question of ‘What exactly is a body dump’, quite a lot as she wants us, the Jury and everyone in the Courtroom to be perfectly clear on what it means so that without a doubt it shows that each of these bodies were killed somewhere then transported to the various crime scene locations.

Seeget answered the same way as everyone else – She was killed elsewhere then brought to the dumping location.

Amster was due to take the stand, we waited and we waited while he was banging around on his desk with all the large manila envelopes he had piled on top of each other.  He was making a heck of a lot of noise yet saying nothing.  Then he started looking under the desk for something,  then he was slapping documents down on the desk, clearly making a spectacle of himself, however none of us knew why.  No one said anything, but we all of us looked at each other, the Judge rolled her eyes subtly as she often does when Mr Amster does something that is so out of character for a normal professional lawyer.  If Stan Laurel, from the television show Oliver and Hardy, were to be re-incarnated as a lawyer, his name would be Seymour Amster.   He is a caricature of Stan Laurel.

Then he stayed at his seat and stood up and shouted to the witness on the stand in his typical rude manner:

Amster:  Did you receive a call to go to that location?
Seeget: Yes I received a radio call which was a possible 187 (penal code for murder). The P.R. (person reporting) stated that it was the dumping of a body.
Amster wanted to focus on the graffiti on the wall near the body and ask if the graffiti appeared to be fresh graffiti.  We all know what he was implying and the Sgt responded with a definitive ‘no’.  

Graffitti was everywhere all over almost every wall in South Central Los Angeles, especially in the 80’s.

DA Silverman then cross examined the witness with only a few ‘to the point questions’
DA: Did the graffiti appear fresh to you?
Seeget: No
DA: Did the graffiti appear to be typical of all the other graffiti in South LA?
Seeget: Yes
DA: Thank you, no further questions.


Donald Hrycyk was called to the stand.  A Detective who’d been with LAPD for 42 years.

Hrycyk was stationed at 77th Division for 3 ½ years.   He responded to a homicide call on August 12th 1986.  His partner was Jay Johnson.  He responded to the scene at about 1.15pm.  The victim turned out to be Henrietta Wright.

He described the scene to be filled with trash, trash bags, mattresses, looks like a transient could have been sleeping there.   It was clearly a ‘body dump’.
Hrycyk has covered well over 60 homicides.

Right before we took the afternoon break the Judge got a little irate with Beth Silverman saying she didn’t want her to use the names of the victims.  To which Silverman responded that “every time a slide is show, the victim’s name is always at the top so the Jury see it anyway”.
Judge:  When I make a ruling, it stands.  That’s it.
DA: Fine!

And with that heated exchange we were released on a break.

I saw Detective Dupree in the hallway and went up to him.  He is so easy to talk to and always has time for people.  I told him that I was confused that a ‘serial killer task force would show up to a crime scene in 1987 yet as far as I knew the serial killer task force wasn’t formed until 2007?   He knew why I was confused and stated, “That’s what Margaret Prescod would like you to think.” But there were various ones formed earlier on.

Hmmmm I want to get to the bottom of this as I have never heard of one being formed before 2007… I’m calling Cliff Shepard tonight!

We came back after the break and Hrycyk explained that he responded to a crime scene at 9.15am at 9414 South Western Avenue, South LA a parking lot adjacent to an alley way, with his partner Jerry Collins .
When he showed up there were already uniformed officers on the scene.  There was a dumpster on the south east corner was adjacent to the alley with two lids, one lid was open and one was closed.  It was an overly full dumpster.  He saw a foot with a grey sock on the open side of the dumpster.
They made sure to always wear gloves to preserve the integrity of the crime scene.  There were ligature marks on the right side of her neck.

DA:  Were there similarities between this crime scene of Bernita Sparks and the homicide we spoke about before, Henrietta Wright?
Seeget:  Yes, both were shot in the chest.  Both were African American women. Both were dumped in the South Central area location.  Both were dumped in trash or covered in trash.  Neither had any identification.  Both were either in or adjacent to an alleyway.  Both were covered to disguise the body and there were no 25 calibre casings at either crime scene.

Amster:  Good afternoon Detective.  On January 10th 1987 you were responding to the crime scene of….. oh… no wait…. Ha ha ha….” Seymour exploded again in hysterical laughter leaving all of us sane people in the Courtroom trying to piece together where the potential joke was.  “ha ha ….I must’ve gone back to far.. sorry about that.  I meant on August 12th 1986 you went to a crime scene with your partner Detective Collins.  Part of your duty is to request a latent fingerprint analyst to come to the scene. Correct?
Seegret:  I don’t recall
Amster: Well do you recall seeing an examiner there?
Seegret: I don’t recall
More hysterical laughter as he rummaged through his paperwork frantically searching for something that nobody besides Mr Amster himself could have any idea what he was looking for.
Amster: So you mentioned that when you arrived on the scene that a transient might have been sleeping there? 
Seegret:  Yes it’s possible that that area might be an area where a transient might sleep there.
Amster:  Are you familiar with the types of people that frequent that area?
 After much of a mess going around and around in a circle so that he could make his question more clear, the Sgt responded with:
Seegret:  Well yes it’s an area where there are people on drugs, it’s an African American area, there are transients there and a lot of graffiti..

That was where we adjourned for the day……

Once I arrived home to write up my events of the day, I decided to call my friend Cliff Shepard to clarify my confusion regarding this ‘serial killer task force’ and when it all began.


Cliff:  In 2007 I was working for Homicide supervisor Rob Bub in the cold case unit at that time, he was aware of cases that occurred in the 80’s.  When Janecia Peters murder came in (in 2007) Cliff was on a day off and Captain Jackson was let know that the same DNA matched 6 0r 7 other victims, Kilcoyne overheard this conversation and they all decided to form a task force which began at approximately the end of April in 2007.

Where my confusion was is how come it was around in the 80’s as well and Cliff let me know that that was the ‘Southside Slayer task force’.  (The Southside Slayer is another serial killer I have interviewed extensively by the name of Chester Turner, he is currently on Death Row.   He was killing women in South Los Angeles at the same exact time as the Grim Sleeper so this would make sense).  So yes, there was a serial killer task force that came to the scene of the murder of Barbara Ware, however it wasn’t the ‘serial killer task force’ that was assigned to the Grim Sleeper.  This is very interesting as I had no idea that there were 2 serial killer task forces.


Updates in the Tanaka Trial...

Yesterday after I left the Federal Building after the Jury went to deliberate in the Paul Tanaka Trial, I walked over the the CCB building which I have done each day.   Thinking that yet again the Defense would still be focused on the DNA comparisons, as they had been all that morning and all the previous week (I was told this by my tipsters) and all the previous week, I was pleasantly surprised.

I walked in to a Criminalist and Firearms expert on the stand by the name of Rafael Garcia.  On the Elmo was a picture of on of the guns found in Franklin's home.  One picture was a view of the hallway and the west closet showing a picture of the jacket in which the gun had been found.  The firearm was in the picture next to this one.  It was of a semi-automatic pistol.  A Raven 25 caliber Auto.  Silverman asked if these types of guns are designed for 'easy storage' to which Amster Objected right away.  It was over ruled and the answer is that 'yes, absolutely it is designed for easy storage and concealment.  "One that  a person might carry in their pocket".

Mr Garcia was handed to envelopes at 2 separate times in his Testimony to which he opened them both slowly and pulled out a small coin envelope with a magazine inside.   Also in this large envelope was a gun with a flex tie on it so it would be safe if even Amster was to 'approach the Witness', it still wouldn't go off accidentally!

The second envelope he opened was a 380 automatic 'Highpoint' firearm which was displayed for us to view in a larger format on the Elmo.  It seemed like a larger gun that probably wouldn't have been concealed too well in a pocket.  This too was tied with plastic flex ties for safety in the Courtroom and had 6 live rounds of ammunition inside it.  They kept it the same way in which it had been found.

Before I walked in, I was told that during the search of the hallway and closets of Franklin's home, a machete, 19 cell phones (approximately that many but I wasn't there to hear it first hand, I'm trusting my sources with this paragraph) and pornography including a video titled something like 'Big Booties etc'.  Well I happen to know for a fact that Franklin loves big booties especially on black ladies.

We ended the day on this Witness.

Today April 6th.

Tanaka Trial.. waiting for the Verdict:

I arrived at the Federal Building just before 8am knowing that the Jury would still be deliberating.  They started to deliberate yesterday at 12.15pm until 1.30pm and then came back to deliberate from 8am today.  I went in to the Courtroom, no one was there.  So, I decided to wander around the building and see who I could be with while I/we waited for a Verdict.  I love being around people (as I'm an only child) so sitting with the cleaner would be better than if I was to be by myself with no one to talk to.
So I went to the 2nd floor... there was a door that said "Attorney Conference Room".. Basically a room private for Attorneys only.  So...... I opened the door and peeked my head in.  Immediately I was faced with Jerome Haig, the Defense lawyer for Paul Tanaka.  There was no turning back now so I said "I'm so sorry, I was looking for the Cafeteria"... I wish I thought up something better than that.  Anyway he beckoned for me to come in and sit at his desk.   I really didn't want to be in his way knowing that he probably had a thousand calls to make and probably receive too.

Jerome Haig and I had a long chat about everything under the sun, including the Trial what he thought the outcome would be, who he's represented before, how he deals with the other side etc.   It was very interesting because he was the stronger of the 2 Defense lawyers yet much more on the shorter side.  I would guess he's about 5ft 6 but he certainly makes up for that in his strength and professionalism as a lawyer.  He knows Seymour Amster and informed me that he is not a public defender as I'd thought.  He is appointed by the Court or State or something like that when a p.d. isn't available.  Therefore Amster does get paid quite a bit to represent Lonnie Franklin.  I was utterly shocked and didn't hold back in letting him know what I thought of this blundering fool by the name of Seymour Amster.   The lack of professionalism and complete disrespect to everyone in the Courtroom on Amster's point is what gets me the most.   Mr Haig and his partner Dean Steward and Brandon Fox and Ed Hardy (spelling) all showed complete professionalism and comradeship when they were working alongside each other during the Tanaka Trial.  It was like night and day.

After about 50 minutes of sitting with him, he offered me his card which I gladly accepted, and then I went up to the 4th floor where the Cafeteria is.  Look I"m still learning the building so I wasn't to know that the Cafeteria wasn't on the second floor.

I sat with the rest of the media and we all had coffee and breakfast sitting at the same table then we moved around a bit to get signal on the phone which is virtually impossible in that building.    I had been told that this Judge, Percy Anderson, sometimes receives a note when the Jury are ready to come back with a Verdict and that's all he will inform his Clerk.  The Clerk doesn't call any media to inform them and there is only 10 minutes between  the note being received and the Jury coming back to reveal their Verdict.

At 9.32am this morning, someone in the room was told there was 'a note that had just been passed to the Judge'.  I then told everyone that this means for sure that the Verdict would be read.  I was told that I may be wrong about that, but I kept trying to say...."No, on this I think I'm right.".  I started to run down the corridor, throwing my un-sipped coffee away as I left, Steve, Judge Anderson's lawyer was walking down the corridor and I asked him "Is it going to be read now?"  Knowing that he doesn't like to talk to any media (and I"m not media), I took a chance.   He just turned to me and said with a wink, "I'd go straight to the Courtroom if I were you!"  I then did as I was told and then I told the media that 'the note' is definitely going to be the reading of the Verdict!

I think what helped was that after Jury was selected about 10 days ago, I placed a call in to the Clerk of Percy Anderson's Courtroom and left a message for 'Steve' as his name was on the machine.  I wanted to know what time the Trial would start the following Monday morning (April 2nd I think), I left my number but stated that I don't expect him to call me back and have a nice weekend.  Within 10 minutes he called me back telling me that they aren't in session that Monday, he told me the hours of the Court day which ends daily at 1.30pm and no lunch.  I said to him on the phone how much I greatly appreciated him calling me back that day and he went way above his call of duty to do that.   So, I feel this is why today, almost 2 weeks later, he was more apt to tip me off than others who may not show appreciation quite as much.

So after less than a total of 3 hours, today and yesterday, the Jury was about to come back with a unanimous Verdict.  We all landed on the front row, media and all, keeping our same spots as we had done throughout most of the Trial in fact.  A lot of people weren't there as no one could really inform them, especially in a building with very little signal.

Within 10 - 15 minutes the Jury came in and the Clerk read the Verdict.

"Guilty on both counts: Conspiracy to Obstruct Justice and Obstruction of Justice."


Tanaka sat stone faced and stoic with his head firmly in the same position as it was when he sat down, facing the Judge.  His wife sat next to me across the aisle with her mother.  She looked stoic for the most part until you could see tears welling up in her eyes and, at the same time, a look of utter shock came across her face.  Yet the whole time she didn't move a muscle.  His brother, who is a Judge, was also in the Courtroom along with his sister.  They seem like a lovely family.  They are the innocent victims in this whole mess.

Judge Anderson went down the row of all 12 Jurors and 4 alternates and each one agreed that this was their unanimous decision.   I left the Courtroom and wanted to get a shot of Tanaka, as I had done yesterday which was aired on the ABC7 News.  I also wanted to hear the press Conference with the lawyers from both sides and the FBI.  They all gave very good statements especially Jerome Haig, Tanaka's Defense and David Bowdich from the FBI.  I recorded as much as I could and will try to attach it to this Blog.

I will close here in saying this.  The Tanaka Trial was important to me on a very personal level which is why I attended every day (except one) due to my personal involvement in this case.
I'm glad, however, that this Trial is now over and I hope that his Conviction will help the wrongly convicted Sheriff's who served underneath him.  I have already started my book on this case.  However due to being commissioned for my Grim Sleeper Book first by my Publisher I am committed to attend the Grim Sleeper Trial as much as I can.  These past 10 days I have been torn in half and running between 2 Courthouses for different reasons.
The Grim Sleeper Trial is not personal to me at all.  I have been commissioned to write my 4th book (2 I co-authored and this one is my 2nd as a sole author).  I have the exclusive life story from the 'alleged' serial killer and I am covering that Trial almost every day too.  This Trial will be going on for at least another month or two however my livelihood is wrapped up in the Grim Sleeper case.



The Grim Sleeper Trial and the Continuing Circus..

Monday April 18th

A number of cases were heard before the Grim Sleeper Trial began so there were many other lawyers in the room at 9am when I was already sitting in my seat.

Beth Silverman walked in, very loudly greeting everyone in the room (except me of course), spending a lot of time talking to the victims family members and 6 Witnesses whom she had brought in for the day.  I recognized a few of the 6 male Witnesses as a few of them had testified before.  They were all firearm experts with various law enforcement agencies.

At 10.01am, Lonnie Franklin was walked in wearing an orange jumpsuit and waist chained.  Overkill to the max I thought.  He's harmless to everyone in that Courtroom and less than 9 days ago he was wearing a dress shirt and slacks and sporting a studious pair of glasses, yet today (as the Jury wasn't present) he's back in his prison garb, waist chained and then chained to the chair.  If anyone should be waist chained and chained to a chair it should be Seymour Amster!

To be Continued...

Tuesday, August 2, 2016

Former LA County Sheriff - Leroy Baca - Rescinded Guilty Plea. Facing Trial in September..


One of the most powerful lawman ever in California reverses guilty plea and vows fight for his innocence.

Born on May 27th 1942 Leroy Baca is the Former LA County Sheriff who took over from Sherman Block in 1998 until his retirement in 2014.  He started as a Deputy with the LASD (Los Angeles Sheriff Department) in 1965 and served 49 years protecting and serving the community.
'Lee' Baca is a Republican and has opposed California's Proposition 8.

In August of 2011 a scandal broke out in the Men's Central Jail.  A cell phone had been smuggled in illegally to an inmate who was an FBI informant.  This event went down in history as one of the biggest scandals the LASD has ever had.  Lee Baca was the Sheriff of Los Angeles County at that time.
After a number of investigations took place, trying to find out why and who had smuggled the phone in, the plot thickened.  Since then, there have been trials, arrests, convictions and plea deals.  Today Lee Baca has learned that he will face his own Trial which is due to begin in September of this year.

Without saying anymore here, as I will save that for my book, I will continue with the events of current day:

I arrived at 7.25am, there was a line around the corridors from Dept. 19 of everyone waiting to get in with all the other reporters and spectators.  Close to 8.25 the doors were opened and we started to file in the door.
Lee Baca came in, walking slowly with his very elegant wife and his 2 lawyers beside him.  I looked at him and he gave me a smile of recognition and reached out his hand to shake mine.  I think he could read my face very well and could see that I was there to support him.  I shook his hand with both of mine and said "God Bless you Lee and good luck today."  He smiled and nodded and then said brief hellos to other people in line whom he knew.  He seemed frail but still as kind and gentle as I've always known him to be.  He wore a striped grey suit, white shirt, pink silk tie and handkerchief in his left pocket to match.  He, as always was wearing his Sheriff badge pinned to his left lapel.  He looked like he'd just stepped out of GQ magazine, very well put together.

At 8.30am we were all seated in Dept. 19 of the Spring Street Federal Court.   This Courtroom is assigned to Judge Percy Anderson (picture on the right)
who is nicknamed 'No Mercy Percy' due to his ruthlessness shown to anyone who is not Federal.  I sat in the second row next to Zohreen Adamjee from Fox 11 and an unknown gentleman on my left.

After we 'all rose' when Judge Anderson walked in, the two
Defense lawyers representing Lee Baca - Nathan Hochman and Michael Zweiback (picture below) - stood up and walked over to the podium with Baca.

They had been given 2 weeks by Judge Anderson to make one of two choices:
Rescind his plea of guilt and face Trial
or
Accept the Sentence that the Judge would give him today.

The lawyers explained how they would like to go to sidebar to discuss one final issue before stating their decision.  Baca returned to his seat, hands clasped in front of him and facing the side wall in front of him while his lawyers walked over to the sidebar with Judge Anderson and the Prosecution/the USA which consisted of Brandon Fox, Liz Rhoades and the same man who was for the Prosecution last time.  I will write down his name when I can remember it.

His wife of almost 20 years, Carol Baca, looked over and smiled at me and I smiled back and put my hand on my heart to show her my support.  Lee Baca just sat there, slightly shifting in his chair and with his profile to the Gallery.  It was clear that he was very uncomfortable as anyone would be in his situation.  All of us in the Gallery tried to hear what was going on and we strained to eavesdrop to no avail.  All we could see was Judge Anderson waving his arms and giving the odd smile.  Never a good thing as his smile would not be a smile reciprocated by the Defense.
After about 4 minutes of Baca facing the wall, he swung his chair slightly to his left, facing the back wall where they were at sidebar.  He was also trying to listen in but to no avail as they were speaking so quietly and it is a big room.   7 or 8 minutes went by and they all returned back to their seats.  Mr Zweiback and Mr Hochman were talking intensely with their client.  Side bar was requested again for the second time and the same thing happened, a lot of whispering that no-one could hear, the Judge was looking at the clock and motioning with his hands in an outward direction and none of us had a clue what was going on.

They all returned to their seats at 9.28am and the Judge then announced that we would be taking a 4 hour recess.... (whatttttt????) ... and will be returning at 1.30pm to resolve the issue of what Baca's lawyers have decided to go with.   I went outside and sat on the wall outside the Courthouse in the shade and talked to some of the media who were also having to hang out for 4 hours.

After about an hour a man in a suit walked down the steps of the Courthouse.  It was Judge Percy Anderson in his own clothes and without the robe.  I hardly recognized him outside of the Courtroom and not wearing his robe.  He was shorter than I would have thought, my height I would guess, probably 5ft 9".  I really wanted to take a picture of him to post on here (and hopefully for my future book).  So,  as he was walking, I stood up from the wall and asked him very nicely, "Judge Anderson could I please take your picture"?  He kept walking and didn't respond for a few seconds, then he shook his head slowly responding with a "No".

I realized  that one of the main reasons that the Judge was so aloof with me was probably because I was wearing my Sheriff badge and also Sheriff necklace very blatantly (and proudly) for all to see.  Not a Department he seems to like very much.  I won't say anymore here.  The Judge was obviously on his way to lunch (later I found out he went to Subway), so I stayed there to catch him on his way back and see if he would change his mind.   After 40 minutes he started walking back, the media person told me that he was about to cross over at the light on our side of the street, then he darted in to the garage part of the Court so he wouldn't have to deal with me asking that question again.  So if you wonder why I posted an older black and white picture of him above, it's because he wouldn't let me take an up to date one of him walking down Spring street.

I wish I had brought my computer with me so I could have typed this in those 4 hours, but I had no idea we would be breaking at all, let alone for such a long time.

At 1.10pm the line had already started and wound it's way around the corridor, so I decided to stand back in the line again and wait to be let in.  We went in, in groups of 10 people.  The press went first and everyone pushed me to go in with the press, but I am not 'the press'!  I am not 'the media'!  I don't want to be either one especially because if I was I would not have been able to get the 'exclusive interviews' that I have been and am able to get by making sure that the interviewee knows that "I am not the media/press"!  Therefore I am more trusted and I have never abused that trust with any of my subjects/interviewees.  In this case regarding the numerous LASD Trials, I am covering them for a variety of reasons, one of them will hopefully be for writing my 5th book, once my Publisher commissions me for it of course.

We were all seated by 1.25pm, I was seated in the second row again towards the left side as much as I could be.  My reason for that is the left rows of seats are family members and friends of Lee Baca and the right side of the room are seats for the Prosecution/the FBI side.  The middle section is usually for reporters, independent writers/journalists/film makers (which is the group I chose to sit with) and various people unknown to me.  I could've sat on the left side of the room too if I had wanted to but the view is much better in the middle section and it is easier to hear because the Judge's voice is so quiet.

Lee Baca came in with his lawyers (picture on the left courtesy of the Daily News) and they all took their seats.  USA/the Prosecution also took their seats on the other side.  Before the Judge came in, Baca got up and walked over to his wife who was seated on the left side in the front row and asked her something to which she responded with a nod.  I haven't a clue what was said.  He sat down again.  We then all rose when Judge Anderson entered the room, led in by his Clerk, Steve, who is a very nice man.   He's certainly been very nice to me over these past few years when he's spoken to me at the various LASD Trials that I have attended in his Courtroom.

Everyone sat back down and each side stated who they were by stating their full names.  We began with Michael Zweiback stating that as they had 'failed in making a resolution and due to Baca's health condition they cannot proceed to sentencing today and that they wish to 'Withdraw the guilty plea'. The Judge looked at Baca, who was standing straight up like soldier at the lectern (podium) with both his lawyers beside him: "Mr Baca do you wish to withdraw your guilty plea"?
To which he responded: "Yes Your Honour"!
The Judge set the date for Trial to begin on September 20th 2016 with the Pre-Trial set for September 12th.
Mr Zweiback went on to state that as 'The Government' (the Prosecution) have given them one terabyte of data to go through by then, more time would most likely be needed.

We adjourned for the day and left the building.  I wanted to film Baca and his lawyers as they left the Courthouse and I did so right up to the part where Baca started to make his statement





He introduced his lawyers and spoke in a very strong yet gentle voice explaining who he is and what he was facing.  His statement is here




















What amazed me is the strength Baca showed when admitting/owning his debilitating disease.  Most people I know with Alzheimers are usually in denial.  This, yet again, shows me what an honest man he is and always has been.  After he made this statement he was whisked off in a waiting SUV, with about 5 men and his wife beside him.  I managed to give him a hug and tell him that he has many supporters in the Department and I am here for them as they cannot.  He looked at me in a very genuine way and thanked me knowing that I meant every word I said.



Right afterwards Michael Zweiback spoke about Baca's Alzheimer's Disease and 'how it had progressed'.  Many reporters asked questions regarding his disease to which Zweiback stated that his client is 'impaired'.  "He is beyond mild cognitive impairment and has short term memory loss.  It is a progressive neurological disease therefore his physical and mental capabilities will diminish".  He also stated that he had the beginnings of the disease in March of 2013 when he spoke to the FBI.

I feel a lot of the mitigating factors will be his Alzheimers disease along with the fact that he put Paul Tanaka in charge (and entrusted him) to deal with the cell phone which was illegally smuggled in to the jail to an FBI Informant.

By withdrawing his guilty plea today, Baca might now be facing more charges than the one he had originally admitted to which was: 'making a false statement to a Federal Agent/the FBI'.  On February 10th of this year Baca settled for a guilty plea by admitting that he had lied to Federal Authorities and the US Attorney's Office when he claimed he did not know that the LASD were going to intimidate (some use the word 'threaten') an FBI Agent back in 2011.  This was all part of his original plea agreement so he wouldn't face any more charges.  Now the plea deal is off the table, the other charges he was facing before might resurface again during the Trial.

To be continued....



Wednesday, May 4, 2016

Grim Sleeper Trial. Closing Arguments. Day 1


Lonnie Franklin was walked in at 9.10am wearing black glasses, a light blue shirt, a blue tie and black trousers.

At 9.18am Judge Kennedy walked in and took the bench.

It was a completely full Courtroom, you couldn't even squeeze a mouse in today.  On the left side of the gallery, retired Detective Paul Coulter and retired Detective Dennis Kilcoyne were both sitting next to each other near the front.  There was a  lot of media presence and 2 cameras.

Before the Jury came in, the Judge talked about the exhibits she will and won't be allowing in to evidence.  She ended saying that that the "Objection is sustained regarding these items".

Before the Jury came in she let the Counsels speak and Beth Silverman was the first one to do so:

D.A: "Your Honour, The Defense took the books that were meant for the Jury and took them apart and then put them back together and now they are not in the order which we had marked them in.  Half of them are upside down and backwards and it hasn't been corrected".

Amster: "It's my understanding that it was corrected.  Maybe The People can let us know exactly what the problem is so we can correct it".  

This was about it from Amster's side, no craziness because, according to his statement from last week, he is a 'changed man'!  Ha! We will see about that.

The Jury came in from the proper Jury entrance today at 9.23am.

The Judge welcomed the Jury as she always does and explained the Jury Instructions.  This took just under 40 minutes and there was more which she said she would say later.  She turned it over to Beth Silverman to begin her Closing Arguments:

D.A: "Morning ladies and gentlemen.  10 young women, all of them brutally murdered by that man - the Defendant Lonnie Franklin - and one woman, Enietra Washington, who barely escaped that tragic fate.  Now I told you in Opening Statements exactly what  the evidence would be.  And that is exactly what has been presented to you over these past few months.  Now here in Closing Arguments I'm going to talk to you about the evidence that was presented, the Law that the Judge provided to you just now and how those fit together.   It's your job in this case to decide whether the Defendant is guilty of the crimes and special allegations charges described in this case regarding the 11 victims who are the subject of this Trial.  So how do we know who committed these crimes?  None of the victims can tell you.  They can't tell you themselves because they have no voice. No voices to tell us.  The Defendant took their voices when he brutally murdered each of them.  So who or what can tell us what happened?   The evidence in this case.  And the evidence in this case speaks very clearly.  You just have to listen to what the evidence tells you.  The evidence in this case is the voice of the victims who can no longer speak for themselves.  So listen to the evidence.

....... (testimony here will be in my book)  You also heard that from 2007 - 2010 more and more evidence emerged all pointing to one person as the killer.  This Defendant.  As you heard an LAPD surveillance team including Detective Art Stone and Detective Frank Trujillo followed the Defendant in July of 2010.  On July 5th they followed him to John's pizza in Buena Park and you heard that Det. Stone went into the restaurant, and after speaking to the manager first, they seroptociusly collected items from the Defendant.  Those items were then transported to LAPD's Crime Lab where they were analyzed by Surpria Rosner.  She developed full single source DNA profiles, one was from the Defendant's napkin and another was from a piece of his left over pizza.  This DNA profile matched in every location with the DNA profiles developed from the oral swab from Barbara Ware and sperm fraction and the Defendant's record sample.  The statistical calculation for this match was 1 in 11 quintillion that's 1 with 18 zeros.

All but one had cocaine and alcohol in their system except for the youngest, Princess Berthomieux.  They were all found with their clothes in diss-array, partially clothed usually.  They were all found in alleys or in dumpsters surrounded with trash.   They were all within 3 1/2 - 4 miles of the Defendant's home.  

As you learned throughout the course of this  Trial, the Defendant is a serial killer and  hiding in plain sight.  He blended in.  He lived in the community.  He lived at this address where a search warrant was served 1728 West 81st street since 1986.  He worked in the South Los Angeles community driving trash trucks for the Department of Sanitation.  Prior to that he worked at LAPD's garage down in Los Angeles, right under their noses.  He dumped his victims like trash in alleys and trash bins.  Almost all of the bodies in this case, as you saw,  were concealed and hidden under debris, gas tanks, under mattresses, behind bushes in dumpsters inside trash bags.  Several of the victims, as you saw, were missing their underwear or their bras or their shoes.  Some, like Princess Berthomieux, Alicia Alexander and Janecia Peters were found completely naked!  There was no identification on or around any of the bodies at any crime scene.  All of them were shot with a 25 automatic firearm or strangled to death.  The ones who were shot were shot in the chest except for Janecia Peters who was shot in the back.  The women who were shot in the chest, the bullet wounds were all with the same trajectory - left to right, front to back and straight down.  8 of them were shot with the same 25 automatic firearm. 

You've heard that Janecia Peters who was shot also with a  25 automatic firearm and it was found in the Defendant's home during a search warrant along  with boxes and boxes of 25 auto ammunition.    Yet no 25 calibre cartridge cases were found at any of the crime scenes which you would expect.

All but Princess Berthomieux tested positive for cocaine.  Most had consumed alcohol prior to their deaths and we called the testimony of one of the Defendant's best friends, Ray Davis, who testified that the Defendant told him that he would always keep alcohol and drugs on hand for 'his girls'.  And, of course, all of these crimes were connected to the Defendant by forensic evidences.

We saw that the Defendant concealed and hid his victims bodies over and over and over and over and over again.  Barbra Ware under a gas tank and other debris.  Bernita Sparks in a trash dumpster. Mary Lowe behind bushes.  Alicia Alexander and Lacrecia Jefferson under a mattress.  Princess Berthomieux in bushes and Janecia Peters inside a dumpster and a trash bag".

She went on to talk about the difference between first and second degree murder.  She emphasized that these victims "they are not just dead bodies that you've seen throughout this Trial who have been depicted in photographs, because we can never do them Justice.  These victims were all human beings, they suffered from the same frailties, the same imperfections that all humans do.  They also had the same hopes and the same dreams for their futures that we all have.  Each of them deserve to be treated like human beings.  None of them deserved to be murdered and dumped like trash as if their lives had no meaning". 

She went on to talk about 'implied malice' and the fact that these murders were 'deliberately performed'.  There's a difference between 'implied malice' and  'expressed malice'.  She gave a perfect analogy.

D.A: "Someone who goes to a park with a crowd of people and has no intention to kill anybody but he thinks it would be fun to shoot his gun into the air.  This person shoots his gun into the air and a bullet comes down and hits and kills someone.  That would be an example of 'implied malice'.  The person didn't intend to kill anybody.  The act that he performed was clearly dangerous.  There were people in the park and he disregarded those lives.  At a minimum, strangulation and/or shooting the victims in this case in the  chest definitely fits the description of 'implied malice' but clearly these acts demonstrate 'express malice' as well.  So let's talk about what that is".

She went on to explain in great detail what 'express malice' is.

She focused on how he leaves every night and prowls the area of South Los Angeles to look for women.  He would 'creep' out to find his victims.

D.A: "He got away with murder 8 times between 1985 and 1988.  That's 8 times in 3 years"! 

It seems that science was the only thing to stop this serial killer.

Ms Silverman put each of the victims and the crime scenes up on the Elmo, one by one.  It was devastating to the victims' family members and sometimes became to much to bear and a number of them broke down in tears at having to relive, yet again, the brutal murder of their loved ones.  She explained that there was sooting and/or stippling found on the clothing of these women which explains the fact that these murders were all pre-meditated, willful and deliberate because they were all done at very close range.  Some murders and crime scenes were only one block apart yet they were sometimes 20 years apart.  They were associated with the same gun and DNA which linked the murders.  "Is that merely another coincidence"?  She said with a true sense of confidence in her voice.

D.A: "This Defendant was shooting to kill he wasn't playing games".

She talked about the only surviving victim, Enietra Washington, who had lost 20% of all the blood in her body when she became the Defendant's victim.  However she lived.  Enietra provided the blue print for all the other murdered women who cannot speak for themselves.
She explained in great detail, when Lonnie Franklin was interviewed by Detective Kilcoyne and Detective Coulter on July 7th 2010, that the Defendant was smug and laughed them off.  A few times he would make rude disrespectful comment saying one of the women was 'fat' and the other was 'butt ugly'!  She pointed out that the same disrespect and disregard was shown "when he dumped their bodies in filthy alleys, under dirty mattresses or in trash bags and thrown in dumpsters".  He also did what nobody who is innocent would do, he laughs!!! He makes jokes even when there are pictures of 10 women in front of him who had been brutally murdered!  In the face of that, he laughs!  There are 10 dead women staring up at him and he's laughing in their faces"!   

"He demonstrates over and over again in that interview, such callous disregard for their lives.  When he was asked if he'd seen the billboards around Los Angeles and on Western, near the Defendants home, that his friend Ray Davis talked about, he jokes about the media calling him the Grim Reaper (I think she meant the Grim Sleeper here), he thinks it's funny.  As if being given a monicker of being a serial killer is something that you would laugh at"?  And he's amused when Detective Kilcoyne refers to him as a 'Billboard celebrity'.  Because that is of course what he wants to be, right?

When asked if he owns any guns, he listed several.  Such as the 22 rifle, the 38 revolver, the 9mm revolver and a 22 pistol.  He said he has no other guns, those are the only guns he has.  Yet he conveniently forgets to mention the 25 auto.  The gun he used to kill Janecia Peters.  When he was asked specifically about the 22 pistol he even joked and played dumb.

She closed her powerful Closing Arguments and thanked the Jury and Courtroom and then sat down.  The Judge then called for Mr Amster to start his Closing Arguments.  This will be interesting I thought.  Nobody could top what Ms Silverman just did, least of all the most unprofessional lawyer that has ever lived.

Amster:  "Your Honour, Ladies and members", ooops I mean, ladies and gentlemen".  Yes he even made a blunder on his opening line!

Amster: "I want to say that... I want to thank each and every one of you for the commitment you have given this case.  It has not been easy.  I would also like to apologize on behalf of myself and the Defense team..." 

What??  Why the Defense team too?  What did Dale Atherton ever do wrong or the other lovely lady that sits their daily who is also putting up with his crap???  Her name is Kristen Gozowa.  She and Dale have both behaved brilliantly so how dare he bring them in to his craziness!
He went on.

Amster: "... but I think mostly on behalf of myself for any drama, maybe inproper things that you witnessed.  This has not been an easy case.  It has been our job to get the evidence that we felt is necessary to present to you.  Now it's your job to utilize this evidence as you deem fit.  Each of the evidence in this case had a role to play:  The Defense to present one side of the case and obey the law and the Government to present their side of the case.  Many individuals believe that it is the Defense teams job to get the Defendant off.  No, it's our job to question the Government's ethics.  Tomorrow we could be legislated right out of existence.  There might not have to be Defense Attorneys in the Courtroom.  But we have chosen as a Country to have that.  And as long as we, as a community, have chosen to do that, it is up to us as Defense Attorneys to do our job within the Law.  It might not always be pretty but it's what we are obligated to do because we too also have taken an Oath to the Constitution.  So all that we have done in this case is.. WE... JUST... WANTED... TO... DO... OUR... JOB!

As I stated it is our job to challenge the Government to make sure that they have proved their case, so that you can make a determination on this case, its only you.  It's only you that can make that determination, your interpretation on what matters, it's nobody else's, it is yours.  

No entity or person likes to be criticized.  Those who are part of the Government, they don't like to be criticized.  You heard the Government make their position on how the evidence should be interpreted.  But it's only one in one interpretation and it really doesn't matter in this case what their interpretation is because this is a case that is based on 'circumstantial evidence'.  Let me start off by explaining to you what 'circumstantial evidence' means".

Oh here we go.... he's going to go off now on how all the incredible amount of overwhelming evidence  which has been brought in to evidence in this case, proving that the Defendant is the Grim Sleeper, is all just 'circumstantial evidence'.  If he tries to do this then he really is the blundering buffoon that we all knew he was from the start.  He should start a business with David Lamagna as they would make the most perfect team.

There was silence, then more silence as he shuffled and paced across the floor back to his seat and then back to the Lectern.  He was obviously looking for something.  So we all waited.  Whatever h was looking for, it took a long time to find   All of us were looking at each other as if to say, "Really?  Again, with his total unprofessionalism"?

Amster: "I'm sorry, I can't seem to find it".  Laughing hysterically!
Judge: "Well why don't you just give them the instructions on whatever number it is?  2.00"?

Amster: "2.00 states...." and he went on "Evidence is either direct or circumstantial evidence...." This went on and on explaining the difference.  Yet we are talking about a serial killer!  Someone who committed the same crime, on different women, time and time again with the same M.O!!  Arghhhh!  

Amster: "Other than Enietra Washington, the rest is 'circumstantial evidence'"  What?  Where has he been this entire Trial?

He even made a ridiculous analogy:

Amster: "One example of 'circumstantial evidence' is you are in a Courtroom and all of a sudden you see a lot of people walk in with umbrellas which are wet.  Wet umbrellas?  That's a pretty good idea that it's raining outside.  That's 'circumstantial evidence'.  You don't see the rain, but you know from seeing umbrellas and seeing that they are wet, it's probably raining.  So the evidence are wet umbrellas that lead to the conclusion that it's raining.  That's 'circumstantial evidence'.    

He's off again, somewhere looking for something again....  He comes back with his tuneful voice which raises at least 2 octaves on certain words for absolutely no reason at all, then immediately 'withdraws his statement'.  Huh, we waited all that time with him shuffling from the Lectern to his seat, under his seat, back to his Lectern to then 'withdraw his statement'.  Ok, so we wait for the next riveting statement that comes out of this mouth.

It's funny because Beth Silverman has never had to: withdraw any statement or question.  She has never said 'umm or errr' when asking a question or making a statement.  She certainly doesn't lose her paperwork, EVER.  There are never any silences when she is holding Court.  She never laughs in inappropriate times and the list goes on, but let me get back to Amster.

Amster: "The Defendant's guilt must be proved beyond a 'reasonable doubt'.  Is this Lonnie Franklin's DNA 'proved beyond a reasonable doubt'?  
Is this Lonnie Franklin's DNA?.... 'proved beyond a reasonable doubt'?  Is this 'proved beyond a reasonable doubt'?  Each of those factors that are necessary to show the Defendant, is the actual killer, must be proved beyond a 'reasonable doubt'.  

There are 2 interpretations of the evidence:  one that said he didn't do it and one that said he did do it, you have to accept that he didn't do it!  THAT'S.... OUR.... LAW"!

 WHATTTTTTTTTTT!!!!!!

Amster: "We can change this law tomorrow, we don't have to have it, but we do.  So that means the Yes the Government has given us one interpretation.  You must find that AAALLLLL the unknown DNA is unreasonable to those individuals to defend the actual killing to find Lonnie Franklin guilty.  

The Government wants to see patterns:  They want to see over a long period of time that this body was found in an alley and that body was found in the alley....

You know what..... Let me stop here for a moment....

There is one thing that both the Defense and the Government can completely agree on.  Every single one of the victims in this case life mattered.  There's nothing we will ever say that will persuade to you that their life wasn't important or their life didn't matter.   Every single one of them had a right to live.  They had a life.  It makes no difference why they were on those streets or not, that's not the issue in this case as far as what happened.  It makes no difference in this case, so please if I talk about the circumstances that occurred and I talk about the terrible things that happened we are not NOT.. TRYING ... TO...DIMINISH.. THEM... IN... ANY... WAY.. THEIR.. LIFE.. MATTERED!  EACH AND EVERY ONE OF THEM.  

But the Government wants to see patterns here, over a long period of time.   Saying that because 'This body was found in an alley, this body was found".

And this went on and on with his Defense being 'Circumstantial evidence and 'proof beyond a reasonable doubt'.  I think we all got it, he made his point very clear.  Then he went on with a story.

Amster:  "You know theres a story of a rancher that wanted all his neighbours to think that he was a great marksman.  He went to his barn and told his neighbours that he was a great marksman.  So he fired his gun and he fired several bullets against the barn.  there were bullet holes in the barn...."..

This went on and on but I won't go on here.. the rest will be in my book.  Yesterday was the 2nd day of Closing Arguments and the miserable Bailiff with the down turned mouth, Tony, threw me out for just holding my cell phone in my hand.  Yes it was 8.40am, long before we began and other people who were sitting next to me had their cell phones out too.  But this hateful man who clearly hates himself has always hated me the most and had waited for the time he could throw me out.  I will continue this Blog today with the events of the final day of Closing Arguments from yesterday, May 3rd.  Although this Bailiff tried to affect my writing, he didn't as I didn't miss a word as the lovely Sergeant, Sgt. Westphal, let me sit on a chair outside the door then I went and sat with my friends in the media upstairs to see everything on 4 television screens.   These updates will be posted today bye the end of today, May 4th. 

To be continued.....