Stolen Boy’s Weblog

There he was at the center of the motorcade, tucked in the white Chevrolet Suburban, one unmarked Suburban in front, another one behind, police motorcycles bookending the ordeal, colored lights flashing everywhere. Then there was the over-the-top submachine gun escort through the courthouse backdoor, and then into court, where there seemed to be more deputies, submachine guns, and badges than anything else. There was going to be no jailbreak today.

Defense attorney James Blatt speaks with Michael Mehas and the media after court.

Yeah, it was a very surreal kind of day. On the one hand, it was good to be back to court in Santa Barbara for Jesse James Hollywood’s hearing. I was glad to be there because I needed to get back into the flow of what was goin’ on in the case, not only to report it here, but to glean more for the sequel to Stolen Boy.

It was a typically beautiful Santa Barbara kind of day. A heavy sun with clear blue skies and a lot of media outside. It was the kind of day that made stains break out under the arms, and it made you want to ditch school, grab your board, and swat a few waves. At least that’s what we used to do at Hollywood High. Who needed class or football practice when you had the beach to attend? But not on this day. Not for me. I needed to stand outside Department 14 and sweat a little more. I needed to find cheap parking.

ALL THE USUAL SUSPECTS

Eventually, all the usual suspects showed up and took their rightful places. James Blatt, looking spiffy in his dark navy suit and bright red power tie, led the defense. Three prosecutors sat at the plaintiff’s table, but the only one I recognized was the DA’s appellate lawyer, the kind faced Gerald Franklyn. Jack Hollywood was there too, and he put up a brave smile, although he had by dying through all his pride.

Law professor Ed Perez came in from the University of La Verne College of Law. He was scoping things out for a big law symposium he’s putting on in October regarding the prosecutorial ethics considerations raised by this case. Susan Markowitz showed up in her glorious living color, looking brilliant. Gold looped earrings bouncing off the black sweater that graced her strong shoulders. When I spoke with her after court her eyes were electric blue and sharp as she told me she was writing a book about her son, Nicholas Markowitz, that would be out in about five months. I did the math in my head and noticed this seemed to coincide with the time of Jesse Hollywood’s trial, which was probably no small coincidence.

THE HEARING

Court finally got going around 2:30 pm, with Judge Hill taking care of the first business of the day by denying the media’s request to photograph and videotape the hearing. At first, I was bummed because I had my pocket Canon ready to shoot to my little heart’s desire, until it was seized by the bailiff. Then, as I started thinking about it, I realized it was a good thing the judge denied our requests. As the wise man in the robe once noted, the trial is a mere five months away. Why do anything that could screw up the record at this point? Why prejudice Jesse James Hollywood’s right to a fair trial anymore than it has already been prejudiced?

The matters at hand were finally dealt with. The defense had filed several motions, all of which were either not considered or denied, some without prejudice. There was the 995 motion to dismiss, for which the DA had filed their response this past Wednesday, not allowing the judge enough time to read it. This one would be continued.

Then there was the Motion in Limine for full and fair hearing, the motion to include all objections under state and federal law, the two motions to strike the death penalty, both of which were denied, the judge, looking tanned and sporting a goatee, pointing out the premature nature of both motions in a case “where we haven’t even entered pleas, yet.”

These were followed by the Motion for the disclosure of independent and exculpatory evidence. The DA was made to be aware of his obligation to disclose any such evidence, and Mr. Blatt seemed primarily concerned with alleged statements made by his client to FBI agents at the time of his capture in Brazil.

IN CONCLUSION

At the conclusion, all parties agreed to come back and argue the 995 motion again on October 29th, Judge Hill promising to review the 700 plus page Grand Jury transcript by then, light reading at its finest. At that time they would also argue a change for venue, which the judge indicated might also be premature, since they had not yet voir dired a jury, and there was no telling if anyone in Jesse James Hollywood’s jury pool had been prejudiced by the case, seen Alpha Dog, or even read Stolen Boy.

And through all the legal maneuvering, Jesse just sat there, next to his lawyer, quiet and respectful, hair cut short and fanned back, wearing an orange jumpsuit and the sincerest of smirks, probably recognizing the bitter irony of being accused of ordering the machinegun death of a fifteen-year-old boy, while sitting front and center in a courtroom loaded to the teeth with submachine guns.