Alright we are back in OC Superior for day what is it, five? of the @PIMCO founder Bill Gross restraining order hearing. You can watch online here: We're back tomorrow at 1:30, then all day Thursday.
Back on the stand is Efrain Alba, Gross' property manager. His full-time job is to take care of Gross' mansion in Laguna Beach. 8 a.m. to 4 p.m., Monday through Friday. Sounds like a good gig! Apparently we're also going to hear today from Rob Giem, Gross' realtor.
Mask patrol: "Mr. Gross, I'm gong to ask you to please place your mask back over your nose and mouth," Judge Knill just now.
Whoopsies: In questioning from Towfiq’s lawyer, Alba Gross’ property manager just cheerfully acknowledged that he didn’t think he’d ever have to come to court so he signed his declaration without reading it. Gross' lawyer now trying to end the questioning.
Alba's off the stand now and Gross' sound expert is getting settled. It's Durand Begault. He has a PhD and has been testifying in court since 1995. This the 'nature of human sound' stuff Gross' lawyer has been hinting at. experts.com/consultants/au…
I didn't expect Bill Gross to take a turn for Edgar Steele, that white supremacist lawyer in North Idaho who was convicted of hiring his handyman to kill his wife and mother in law, but here we are. I covered Steele's entire case, arrest through sentencing, for @SpokesmanReview.
Steele's defense was that the government manufactured the case against him, including the very damning recordings of him talking about the murder plot with his handyman. Gross' take is a bit less than that, more of an argument that his music isn't as loud as Towfiq claims.
And unlike Steele, Gross doesn't have incompetent lawyers, so their expert is actually going to be allowed to testify. Steele's was vacationing in Bora Bora during his 2011 trial. spokesman.com/stories/2011/m…
OK folks I got linked to all the exhibits in this Bill Gross restraining order hearing and boy are there some gems. First up: a homemade video that really captures the heart of the dispute. I’ll share in two parts. You be the judge.
Watch these clips and decide for yourself. Who’s out of line here? Underwear-clad Bill Gross with @50cent’s “In Da Club” blasting? Or Mark Towfiq, the neighbor who’s filming him? Part 1:
Part 2. Listen about 1:45 in when Gross tells Towfiq he’s “going to subpoena that...so you better erase it. That’s harassment. Harrrrrrrassment!” The “Gilligan’s Island” theme song is playing.
In Gross’ world, this footage shows his obsessive neighbor filming him in a private moment. In Towfiq’s world, these are bizarre antics from a vengeful man dead set on harassing him over a city code complaint about an art sculpture. Which is it???
We’re on an unexplained delay, with attorneys and the judge back in chambers, and I’m hearing it’s because Bill Gross is claiming he was exposed to covid. No more details yet, but I’m hearing talk of resuming via Zoom. Stay tuned.
Yep, it’s on the record now. People in close proximity to Gross and his girlfriend have tested positive for covid. Debate now is over whether to go remote. Gross’ lawyer thinks it’s unfair for Towfiq’s witnesses to be live and hers remote. Towfiq’s lawyer is pressing for remote.
Judge Knill says remote testimony won’t be prejudicial, even if it’s just for some witnesses. One factor: She’s the one deciding things here, not a jury. “We all agree that we need to get moving here.”
So no court tomorrow because people will be getting covid tests, but we’re supposedly back for remote testimony all day Thursday, starting at 9 am.
PHOTO: Billionaire @PIMCO founder Bill Gross leaves court today with his girlfriend, Amy Schwartz. His lawyer Jill Basinger is at left. His civil harassment hearing continues remotely Thursday after Gross claims a close contact tested positive for covid.
Notable: a couple minutes before Gross exited the courthouse, someone from his team told me and the other photos waiting for him that he and Amy snuck out a side door a few minutes ago. Good thing I know there is no side door!! #trickster
Well, this escalated quickly. For those interested, I've got more evidence in this Bill Gross saga to share. This has been cast as a neighbor dispute, which it of course is, but the evidence shows it's a little one sided. You be the judge! We'll start where it all began... (1/7)
...the introductory texts. 2018. Bill Gross and Amy Schwartz move in next door to Mark Towfiq in an ultra-rich, seaside Laguna Beach neighborhood. Amy handles the hellos, and everything seems neighborly until the art sculpture enters the conversation in September 2019. (2/7)
The damage to the sculpture Amy references has been discussed in the hearing, but the texts seem to show it was never really a dispute with Mark. He expressed concern and seemed to try to help. (3/7)
They didn't text again until April 2020, when Mark complained (politely!) of a net Bill Gross had installed over the sculpture. He included pictures. And he offers this neighborly observation: "I really think it will also really disrupt your view." (4/7)
Mark's texts go unanswered until July, when, after a couple requests for Schwartz to please turn the music down, Bill Gross steps in. "U sure enjoyed the kenny loggins concert last sept what’s the problem? Bill Gross" (5/7)
Needless to say this text exchange did not end well. "Peace on all fronts or well just have nightly concerts big boy," Bill Gross tells Mark. Their last exchange was Oct. 10, three days before Bill beat Mark to the courthouse and sued first. (6/7)
There's more where that came from and I intend to keep sharing, but those texts and the video posted in two clips here (
) really capture the heart of this case. Consume at your leisure and stay tuned for Thursday! (7/7)
More: A summary of Bill Gross' lawyer's cross exam of Towfiq. Keep in mind the loud music began after Towfiq complained about Gross' sculpture to @lagunabeachgov. Gross himself connected the two in texts. "Peace on all fronts or well just have nightly concerts big boy."
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INBOX: Looks like @PIMCO founder Bill Gross knows the restraining order hearing hasn’t been going all that well for him. He just issued “an open letter from Bill Gross” that calls for an end to his legal case and donations of legal fees to food banks etc prnewswire.com/news-releases/…
Gross acknowledges his taste in a “theme song to a 1960s sitcom.” “I want nothing more than to be a good neighbor, even if it means revising my choice in music.” But will he turn his music down? Doesn’t say!
One way to sum this up: A billionaire (with a B!) is putting forth the bold idea of donating some bucks to pandemic-related charities if the neighbor he’s accused of harassing drops his court case.
ICYMI: I looked at Orange County’s homeless situation for @latimes/@TheDailyPilot’s Sunday Times OC, specifically Santa Ana’s current lawsuit over jail releases.
My reporting introduced me to Vaskin Koshkerian of the volunteer group Micah’s Way. With his RV stationed outside the jail most nights, he tries to help newly released inmates navigate the outside world. That’s put him on the front lines of the legal saga. lat.ms/37Dqct4
The OC situation is getting heightened attention right now with Judge Carter’s work in Los Angeles. In the debate over @BobBlumenfield’s anti-camping ordinance, @MikeBoninLA cites Carter’s OC work as a model for what LA could do i.e. move people into housing with no arrests.
I’m here at the OC federal building, and it turns out Michael Avenatti will *not* be here in person for the 9 am pre-trial hearing. “We decided to play it safe,” his lawyer Dean Steward told me in the hallway just now, referring to covid19. #housearrest
Court clerk observes: “I think the government needs to invest in a barber.”
“Until we get to the orange tier, I’m not cutting,” Prosecutor Brett Sagel says.
Sagel asks Steward about Avenatti, and Steward says he’ll be on the phone.
Sagel is arguing against severance first. At issue is NFL settlement theft. Selna tentatively is allowing it to be mentioned in the client theft counts, but Sagel says it’s intertwined with the bankruptcy fraud, too, because Avenatti hid it from bankruptcy court.
Six months into his covid-related home confinement, Michael Avenatti is set to be in federal court in OC Monday for a pre-trial hearing in his 36-count criminal case. Judge Selna typically issues tentative rulings before his motion hearings, and Avenatti's case is no exception.
Selna issued his tentative tonight, ruling on everything from severing the counts to @USAO_LosAngeles's bid to tell jurors of misconduct not included in the indictment such as perjury in judgment debtor exams and embezzling client money from a settlement with @NFL.
It's a mixed bag for Avenatti and prosecutors. Selna unsurprisingly granted motion to sever the counts, which means two trials, one for client theft charges and another for the tax and bankruptcy fraud charges. (Unless Avenatti takes a plea deal, which is still totally possible.)
This could be a pandemic first: a federal judge here in Orange County is dismissing a criminal indictment because the Central District of California won’t hold a jury trial due to coronavirus concerns.
Federal prosecutors earlier dismissed on their own accord an immigration case to avoid this legal debate. But this case is different: It’s a major OxyContin distribution indictment against a Newport Beach physician linked to patient deaths.