Van Nuys, CA—Let me begin with my long time motto, “If justice ever happens, it’s usually by accident and for all the wrong reasons“.
A few weeks ago, LA socialite and philanthropist, Rebecca Grossman was convicted by a jury for two counts of murder in connection with a terrible accident that took the lives of two innocent young boys.
The question all along was and is, was this a crime and was this an intentional act by Ms. Grossman? As usual a jury was charged to guess their way to a verdict. This wife and mother of two may ultimately spend the rest of her life in a California prison.
Today, I was in the courtroom to see prosecutors doubling down hard on this woman. Present, in the courtroom were her husband, Dr. Peter Grossman and her adult daughter. After a powwow hidden from view in the judicial chambers, the lawyers and judge took their seats in court.
The Guest of honor, Ms. Grossman was brought in the courtroom, by deputies. She wore an unkempt and unflattering jail uniform with messy hair that was in dire need of the helpful coloring most “blonds” pay a bundle to keep. Of course the deputies had Ms. Grossman chained up like a dangerous animal. To see this attractive 60-year-old woman paraded through a crowded American courtroom suffering this indignity somewhat shocked my conscience.
As Grossman entered the courtroom she was in reach of her family and really heartfelt sobbing began. In someways, I can see that it is easier for family to attend a funeral then what was going on before my eyes.
The new prosecutor began to argue his motion to disqualify the new defense attorney, James Spertus, claiming he had a conflict of interest. It turns out that Spertys also represents a former DA prosecution supervisor, Diana Teran. Teran was recently arrested and charged with 11 felony counts in a totally unrelated case.
The reason for the motion is to, at least me, is more than obvious. Prosecutors already secured a conviction against Ms. Grossman so what could be the problem? I can tell you what’s the real problem. Since Teran supervised the Grossman prosecution, prosecutors fear she may spill the beans about any prosecutorial misconduct and that may result in a new trial. Interestingly, enough, the felony crimes that Diane Teran are charged with involve a significant history of unlawfully, hiding exculpatory evidence.
I have learned during my career, that almost every high profile case prosecutors in their zeal to win, withhold exculpatory evidence from the defense. I mean crucial evidence that could make the difference between an acquittal and a conviction. That’s what we call, prosecutorial misconduct. Most criminal convictions that are reversed involve withheld. Brady material. (See, Brady v. Maryland, 373 U.S. 83 (1963). Prosecutors almost never are held accountable for this kind of offense.
When it comes to the Grossman case, seeing prosecutors go to the wall trying to disqualify Grossman’s defense attorney tells me the DA’s office has something to hide. To me the odor of this motion is beyond overwhelming.
In the end, Judge Joseph Brandolino denied the Prosecutor’s motion suggesting the prosecutors were simply speculating some form of harm might occur. The case law they cited was simply inadequate.
As the hearing ended and Ms. Grossman passed by her family touching her daughter’s hand. Both mother and daughter began uncontrollable prolonged crying.
There’s something else, prosecutors have exploited the grieving parents of the two dead lads into their public relations team promoting their attempt to have the Grossman defense Attorney disqualified. I can’t imagine them stooping to such a low level.
A hearing on a motion for new trial is currently set for June 3 and sentencing is set for the 10th. Because of the earlier change in defense attorneys I seriously doubt that they will be able to keep this schedule.
There is so much more involved in this case and additionally I fully expect issues of jury misconduct to surface.
