Journalist Scott Hadly used to work for the Santa Barbara News-Press and he was the first one I read about the Hollywood case when I began my research for the movie Alpha Dog. Scott knows of what he speaks. The man is nothing short of brilliant in writing and analysis. Read what Scott just wrote regarding the California Supreme Court’s decision for the Ventura County Star…
Court finds no conflict for barred Hollywood murder case prosecutor
The California Supreme Court ruled Monday that a prosecutor in the Jesse James Hollywood murder case shouldn’t have been barred from handling the trial just because he consulted with the makers of “Alpha Dog,” a film based on the case.
The court concluded there was no conflict of interest when Ron Zonen, a Santa Barbara County senior deputy district attorney, handed over case files, probation reports and other records to Michael Mehas, a Ventura-based researcher who worked with film director Nick Cassavetes on the screenplay. Although the court did not condone Zonen’s behavior, it determined his actions did not infringe on Hollywood’s right to a fair trial.
“This is not to say that Zonen can or should escape censure. We find his acknowledged actions in turning over his case files without so much as an attempt to screen them for confidential information highly inappropriate and disturbing,” Justice Kathryn M. Werdegar wrote in the opinion.
Hollywood, now 28, is accused of orchestrating the August 2000 kidnapping and slaying of 15-year-old Nicholas Markowitz. Hollywood fled after the slaying. In spring 2003, while Hollywood was still a fugitive, Cassavetes and Mehas contacted Zonen about making the movie.
Hollywood still awaiting trial
Two years later, while the movie — starring Bruce Willis, Justin Timberlake and Sharon Stone — was being finished, Hollywood was caught in a Brazilian beach town. He is now being held in Santa Barbara County Jail, awaiting trial. Hollywood could face the death penalty if convicted.
Hollywood’s attorneys unsuccessfully asked a Superior Court judge and an appeals court to recuse Zonen, but they finally prevailed in October 2006 when the 2nd District Court of Appeal in Ventura ordered him recused.
The Supreme Court overturned the 2nd District decision on the Hollywood case and another case — both involving actions by senior deputy district attorneys in Santa Barbara County. The other matter involved a prosecutor who wrote a book that closely paralleled some of the particulars in a rape case she was handling.
Monday’s decision, however, didn’t offer much in the way of guidelines for behavior between California prosecutors and the media, “probably because the facts in this case are truly a one-off. We’ll be a good deal older and farther down the pike before we see anything that even remotely resembles a case like this,” said Gerald Franklin, a deputy district attorney in Santa Barbara who helped argue the case in front of the Supreme Court.
It just wouldn’t make sense for the court to establish a precedent based on a case with such an unusual set of circumstances, according to Franklin.
Mehas says publicity must be controlled
As for Zonen’s actions, Franklin said that while in retrospect even he would agree the prosecutor made some wrong decisions, his motive for working with the filmmakers was that he thought it might help in tracking down Hollywood.
“You have to remember that when he cooperated with the movie makers, Mr. Hollywood was sunning himself on the beaches of Brazil and nobody knew where he was,” Franklin said.
Mehas, who has recently written a book, “Stolen Boy,” which closely mirrors the details of the case, said he felt conflicted about the court’s decision.
“I’m surprised,” said Mehas, who is also an attorney. “I’m saddened for the Hollywood family but happy for the Markowitzes, who’ve been waiting for so long.”
Although he benefited from the cooperation with Zonen, Mehas reiterated his previous comments that pretrial publicity by prosecutors should be reined in. A strong advocate against the death penalty, Mehas said he hoped ultimately Hollywood would be able to escape a death sentence.
Zonen could not be reached for comment Monday, but Franklin said it’s unlikely he’ll go back to prosecuting Hollywood. Another attorney has been handling the case and is ready to take it to trial, he said.
Hollywood’s trial could begin as soon as the end of this year or the beginning of 2009. James Blatt, Hollywood’s Encino-based attorney, said Monday he might appeal the decision to the U.S. Supreme Court, but he’s ready to go to trial.
“I am disappointed,” said Blatt. “I do not believe it sends a positive message to the legal community and the people of California that either the prosecution or the defense can do this type of thing and still remain on the case.”
But he felt it was appropriate that Zonen was not likely to try the case. “I think that’s a positive step to ensure a fair trial,” Blatt said.
I personally find this to be good news. I honestly think Hollywood should be prosecuted to the full extent! The fact that these boys grew up together being friends and he still had the nerve to orchestrate this whole deal is unimaginable. My heart goes out to Nicholas Markowitz’s family & everyone who knew him!
Since I was locked up with Skidmore and Rugge in the Santa Barbara County Jail while Rugge was going to court on the matter, I was surprised when Alpha Dogs came out–Skidmore had remained in contact with Jesse James Hollywood while he was on the run and Skidmore was sitting in the cell. Rugge was the one who got scared and was struggling with turning state’s evidence–to my knowledge he never took the stand, but he did give it up when he got arrested. Simply put, these were a bunch of kids playing at being gangstas until shit hit the fan. The fact that the California Supreme Court failed to find an actual conflict of interest in the Hollywood case is a travesty. Surely, the film would be a bigger money maker with the conviction of Hollywood, even if it had to accomplished through less than equitable measures. I left the county jail on my way to the pen for the I-don’t-know-how-many-times, but not before becoming associates with Rugge–my heart goes out to him, but a snitch is still a snitch behind bars. Hopefully, Hollywood will get some justice from the United States Supreme Court–there used to be a notion in this country that we would rather see 100 guilty persons free than execute 1 innocent man. Not to say that Hollywood is innocent–he isn’t–but he was entitled to a fair trial and that was something he was denied by a biased prosecutor with an actual conflict that the California courts dropped the ball on.