Thread by @meghanncuniff

It's Day 7 of trial in Vanessa Bryant and Chris Chester's lawsuits against LA County. Judge Walter said at the end of yesterday that we should be getting to the "client witnesses" today. Three @LACOFD officials are to testify first - Sky Cornell, Arlin Kahan and William McCloud.

^^^Cornell is pictured above on the far right, next to Kahan. The lawyer talking is Jason Tokoro of @MillerBarondess. On the left is Deputy @LACOFD Chief Dennis Breshears, who's been at the defense table the entire trial.

The first of the "client witnesses" on the Aug. 5 joint witness list is Paul Westhead Jr., who appears to be the son of former @Lakers (and @OregonWBB #GoDucks) coach Paul Westhead. He'll be testifying for Chris Chester.

Chris Chester is listed after Westhead, followed by Vanessa Bryant's witnesses: Kristin Pelinka (@Lakers GM Rob Pelinka's wife and a pediatrician in Costa Mesa) and Sharia Washington, Kobe's sister. Vanessa is listed after them.

But first today will be a return to the #GoldenMikes through Sky Cornell's testimony, and a look at the second-day crash site photography of Capt. Arlin Kahan. Jurors heard about Kahan's photography the day after the crash from Capt. Tony Imbrenda’s testimony.

Here's my @lawcrimenews article on Imbrenda's testimony yesterday. Both he and Kahan were up at the crash site the day after taking photos, even though Imbrenda testified he’d already been sent photos the 1st day. bit.ly/3CeBLIm

That includes from Capt. Brian Jordan, who Deputy Doug Johnson says he escorted around to each area of human remains so he could photograph them, even though Johnson had already done so.

Bryant and Chester’s lawyers structured their case so that the testimony about Kahan’s crash site photography builds off early testimony from a coroner who was at the site the 2nd day and said blankets were placed over the remains that morning.

As I reported in this article, that established that any close-up photography after the medical examiners did that would involve lifting the blankets. Jurors heard about this again yesterday in Imbrenda’s testimony. bit.ly/3zSCsEk

Vanessa’s lawyer Craig Lavoie asked Imbrenda if somebody took pictures after a certain point on 2nd day, “they would have had to lift the blanket?” LA County lawyer Mira Hashmall objected as assuming facts not in evidence, but Judge Walter quickly overruled. Imbrenda answered yes

The biggest problem for @LASDHQ/@LACOFD’s trial testimony seems to be the investigation fire had @SheppardMullin do. We frequently hear clips from recorded interviews partner Ronda Jamgotchian did with sheriff’s and fire personnel. Read her report here: storage.courtlistener.com/recap/gov.usco…

The descriptions of the photos during those interviews were much more graphic, with more details about what was in them and what was said about them. When people get on stand and testify the photos were of general debris field, there are a lot of statements that contradict that.

There are depositions and internal memos that have been used as impeachment material, too, but the @SheppardMullin interviews are foremost. Again, here's the report. I'm not sure if it was public previously, but it was filed as an exhibit in PACER on Aug 9 storage.courtlistener.com/recap/gov.usco…

Judge Walter had a question after Imbrenda left the stand and the jury was gone yesterday - "Did anyone ask Imbrenda in deposition why he needed to be shown the debris scene?" Attorney said yes but didn't expand much beyond that.

So with all the previous interviews and how many people are involved, Imbrenda's testimony that his photos did not focus on bodies and there were no pictures of Kobe's remains is contradicted all over. One of the people Imbrenda says he got photos from was Capt. Brian Jordan.

Deputy Doug Johnson says he escorted Jordan around to each area of human remains so he could photograph them, even though Johnson had already done so. Here's my article from last week on Jordan's wild witness stand appearance: bit.ly/3SS1HiI

Here's yesterday's thread all in one place. bit.ly/3T1rXqQ

Almost done w/ 1st break. William McCloud, a @LACOFD chief testifying about policies, and being questioned about a 2015 citizen complaint about a firefighter taking pictures of a dead person in the street. Recommendation was 30-day suspension but it turned into reprimand letter.

We also heard from Sky Cornell and Arlin Kahan, @LACOFD captains. Cornell denies saying the crass comment at the #GoldenMikes about seeing Kobe’s burnt body. Kahan denies moving sheets to photograph human remains but says some were partially covered.

We’re talking the 2nd break a bit earlier today because McCloud is done and the next phase of the case is beginning, with Paul Westhead Jr. testifying, then Chris Chester. Vanessa Bryant is going to testify after Chester, and that could start this afternoon.

Vanessa’s lawyers said they’ve decided not to call either Kristin Pelinka or Sharia Washington as witnesses. So it will just be Vanessa. There was a problem with exhibits because LA County’s lawyers didn’t give Vanessa’s lawyers the exhibits the plan to use on cross-exam.

There was discussion about the required notice for the exhibits and when exactly they thought Vanessa would testify, today or tomorrow, but a displeased Judge Walter said just before we left that @MillerBarondess attorneys knew full well Vanessa could take the stand today.

Judge Walter said there was a question about whether Sheriff Villanueva is available to testify today that made it absolutely clear plaintiffs planned to have Vanessa on the stand today. He’s not having this “but we didn’t know so that’s why no exhibits” @MillerBarondess excuse.

“There’s no doubt that you knew and those exhibits should have been disclosed,” Judge Walter told LA County’s attorneys just now. So, they’re getting the exhibits over to Vanessa’s attorneys right now.

Break almost over then Paul Westhead Jr. takes the stand, then Chris Chester.

Court is done for the day. Chris Chester is still testifying. Vanessa Bryant has not yet taken the stand but she will tomorrow after Chester. Sheriff Alex Villanueva also is expected to testify.

Spotted in the gallery today: The chief of the Public Corruption and Civil Rights Unit for @USAO_LosAngeles. One of his former prosecutors is on the @wilsonsonsini trial team so he must just be visiting an old friend, right? (And taking notes.)

Vanessa leaving court has always been pretty low-key - she doesn’t say anything and no one asks. TV gets footage of her leaving for their b-roll and there’s never a push. Until today, when a new reporter stuck a microphone in her face and barked something as she got in the SUV.

Needless to say, crowding in and shoving a microphone in Vanessa’s face as she tried to get into the SUV did not score that reporter the exclusive comment she was looking for.. Reminded me of some of Chris Chester’s testimony, which I’ll cover in my upcoming @lawcrimenews article

My article on today’s testimony. bit.ly/3QCAtLk

Vanessa Bryant and Chris Chester’s lawyers secured a jury instruction about LA County deleting photos that could have been evidence in trial. Now LA County is seeking an instruction for a blunder by them: Allowing an expert witness to listen to other witness testimony.

Here’s the full filing. A lot of times, expert witnesses are allowed to watch testimony. But Judge Walter’s witness exclusion order didn’t give an exception for experts. Plaintiffs’ lawyers say it was an inadvertent and small mistake. bit.ly/3Cf8o8u

As Bryant and Chester’s lawyers point out, they actually asked Bercovici about being in the courtroom during direct exam.

We are on a break after Vanessa’s direct exam. It started light with testimony about her early years with Kobe, then got very emotional as she went into the crash and then the aftermath and learning of the photos.

“I expected them to have more compassion, respect. My husband and daughter deserved dignity,” Vanessa Bryant testified.

“All you want to do is protect your babies,” Vanessa said. She wept as she described how Kobe’s remains were recovered on 1st day, but GiGi’s weren’t recovered until 2nd day, and anyone who photographed her body then had to have gone out of their way and moved a sheet.

Vanessa Bryant said anyone who photographed GiGi’s remains was “taking advantage of the fact that her daddy couldn’t protect her because he was at the morgue.” Heavy crying.

Her description of how she learned of the photos was very heavy - she described not wanting to react because her girls were in the room. She was nursing but a friend in the room took the baby and she ran out to the side of the house where her daughters couldn’t see her and cried.

One thing - Vanessa’s time in court has absolutely versed her in the legal concept of hearsay. She was talking about going to Kobe’s Make a Wish meetings and what he’d say to her before they went in, and she said “am I allowed to say what he said?”

Her lawyer Luis Li said yes and asked what he said, so Vanessa said Kobe would tell her they had to put on a strong face for the kids and “make this the best moment.”

2nd break now, with Sheriff Villanueva on the stand. LA County lawyer Mira Hashmall’s cross of Vanessa focused on her Instagram posts and all the businesses she took over from Kobe, part of a defense argument that she is stressed about many other things, not the photos.

Hashmall asked Vanessa if she knows the jury can’t come back with a list of deputies to fire. She said yes she knows that. She was asking how much damages she was going for but Vanessa’s lawyer Luis Li objected and Judge Walter sustained.

I was glad to do a quick call-in update with @LawCrimeNetwork that should be up soon. Going back in courtroom now for more Sheriff Villanueva testimony.

Trial is done for the day with Sheriff Villanueva getting off the stand a little before 2 pm. More updates soon and a story for @lawcrimenews coming.

First draft should be up soon on @lawcrimenews, with more coming about cross of Vanessa and the exams of Sheriff Villanueva. Villanueva was actually asked about the Civilian Oversight Commission on cross because he asked them in March 2020 to look at the crash photos issue.

Asked by Vanessa's attorney Luis Li what the civilian oversight office is, Sheriff Villanueva answered, "That's a political body" and it's to do oversight "at least in theory." Background for people who don't know about this big LA issue via @KateCagle. spectrumnews1.com/ca/la-west/pub…

Here’s 1st draft. The trial is intense just in terms of scheduling and no lunch, and it’s a celebrity trial that’s actually a *huge* public accountability saga (the head of US Attorney’s Office public corruption section was in the gallery again today). bit.ly/3Cn38Qj

Catch me on @KPCC’s All Things Considered live at 5:44 pm today (one hour from now!) talking with Nick Roman about the trial and Vanessa Bryant’s testimony. kpcc.org/listen

One thing that really stood out about Sheriff Villanueva’s testimony: He said he didn’t know the deputy who first photographed human remains at the crash site sent the photos to someone he thought was a fire captain but who has never been identified.

Villanueva said he’d expect @LACOFD to be able to identify the person. He was then told about yesterday’s testimony from William McCloud, a fire chief who said department has never been able to identify the person, described by the deputy as a high-ranking Hispanic fire official.

Sheriff Villanueva: “The only knowledge I have is that the IA investigators did a thorough job.” Part of Vanessa Bryant and Chris Chester’s case is that the investigation wasn’t thorough at all, so Vanessa’s lawyer Luis Li asked him about investigative steps that weren’t taken.

Regarding the crash photos, “I believe they were all deleted. 2 1/2 years later, I’m pretty sure that’s true.”
“But you don’t know?” Li asked.
“Well, God knows. And that’s about it,” Villanueva answered.
That was the end of Li’s cross-exam.

There is much more to share from @LACoSheriff's testimony: (FWIW, most judges hold trial four days a week. Judge Walter is doing five days, and the biggest day landed on the 5th day last week. Vanessa Bryant and Sheriff Villanueva back to back. It was a lot.)

The day before Villanueva took the stand, three @LACOFD fire officials testified - Sky Cornell and Arin Kahan, (Kahan is a named defendant), and William McCloud, who testified about damning discipline imposed by @LACOFD that the defense didn't want the jury to know about.

They were followed by Chris Chester's friend Paul Westhead Jr. then Chester, so my article focused on the latter, but given the fact that the earlier three are public employees, it is absolutely critical that as much of their testimony be shared with the public as possible.

Jurors have heard recordings of Villanueva through trial, which county lawyers tried to exclude pre-trial, before Judge Walter dumped some common sense into the courtroom. "I don't care if he makes it to a priest, a reporter, or a lawyer. Admissions are admissions, aren't they?"

There are transcripts of the Villanueva recordings being played in court available in the PACER file, and they should be available for free through @courtlistener. It's docket # 258 from Jan. 20. courtlistener.com/docket/1855482…

In direct-exam from Hashmall on Friday, Sheriff Villanueva backtracked on his comments about there not being a need for photos, testifying that there was a legitimate need to photograph the scene "and that's exactly what the one deputy did," referring to Doug Johnson.

The sheriff also testified the offer to deputies that they wouldn't face punishment if they deleted the photos was "the bargain that got them to the station" so the photos could be dealt with immediately instead of marred by union politics and lawyers.

"There's no playbook for something like this," Villanueva testified. He wanted to make sure the photos "never saw the light of day."

"And that was exactly what my staff did," the sheriff said.

Regarding the recording of Villanueva lying to @AleneTchek about not knowing anything about a citizens complaint, Villanueva said he was "caught off guard" by her questions because they indicated someone within the department had violated department confidentiality.

On cross, Vanessa's lawyer Luis Li played clips of Villanueva talking about "death books" and brought up an old report about a citizen complaining about a deputy taking a photo of a homicide victim and saying, "That's why they shot him, because he is a Green Bay @packers fan."

Li then brought out a March 4, 2020, letter Sheriff Villanueva sent the civilian oversight commission and inspector general. To do this, he had to as they say in court lay the foundation, which involved basic questions about who the letter was addressed to etc.

This brought a small delight for any court watcher versed in Los Angeles politics and Villanueva's ongoing fight with the oversight commission and that time he falsely called Inspector General Max Huntsman of being a Holocaust denier, apparently at random. lat.ms/3Lnhguv

The letter Vanessa's lawyer Luis Li was showing aVillanueva was addressed to Huntsman, so to lay foundation, Li read his name aloud and asked Villanueva if he was the inspector general. Villanueva paused ever so slightly but went with "correct" instead of anything pot stirring.

Villanueva was later asked about the oversight commission, which I tweeted about above. "That’s a political body…" The sheriff says in the March 2020 letter "it is evident our photograph policy is deficient."

Sheriff Villanueva testified Friday, "Well, our policy to date is actually unfortunately, it is not very specific" but said @LASDHQ's broad confidentiality policy covers the sharing of photos.

One other thing — the entire @LASDHQ investigation into the photos was handled not by internal affairs but by the information bureau, which is where Chief Jorge Valdez worked at the time. Villanueva said Friday the bureau handing such a matter is "not typical, that is correct."

As I reported above, Villanueva said he believes the investigation was thorough, but he didn't know about the unidentified recipient of Deputy Johnson's photos. That came out in questioning from Chester's lawyer, Jerry Jackson, who began by asking Villanueva about this release.

Why say alleged in the press release when he'd given the deputies amnesty a month earlier? Sheriff Villanueva answered that the investigation was actually still ongoing "because you have to pick it apart" and separate the deputies.

Jerry Jackson pressed the sheriff about knowing deputies had inappropriately shared the photos "yet four weeks later, you're still claiming these are mere allegations?"
"That's the terminology," Villanueva answered.

Sheriff Villanueva also testified that when a member of his staff reached out to @Lakers General Manager Rob Pelinka, they thought Pelinka was acting as a spokesperson for every family, so they thought that was how the families of all crash victims were informed of the photos.

Sky Cornell, a @LACOFD captain, testified first thing Thursday morning, and his testimony is particularly interesting when compared to the testimony of other #GoldenMikes attendees, Luella Weireter and @LACOFD Capt. Tony Imbrenda.

Cornell is not accused of possessing the photos himself. Rather, he's accused of commenting about seeing "Kobe Bryant's burnt body" during the gala, which, if he did say it, is very contradictory to Imbrenda's sworn testimony that he did not possess any body photos.

Capt. Imbrenda himself basically acknowledged how crucial the alleged comment's actuality is when he testified: "Sir, I don’t know how that could be true" because he didn't have any pictures of Kobe's remains. bit.ly/3CeBLIm

So, what did Capt. Sky Cornell say when asked about the comment, in uniform, under oath and on the witness stand in U.S. District Court?

"I don't remember saying anything like that aloud," Cornell testified Thursday.

Cornell was being questioned by a member of Vanessa's legal team who coincidentally shares her last name: Jennifer Bryant of Munger Tolles & Olson. Bryant pressed Cornell about some that's been a big source of impeachment for other witnesses in this trial: previous statements.

When asked about the comment in a March 2020 interview, Cornell said it sounds like something he might say.

Cornell said on the witness stand Thursday: "It sounds like something I might think."

"I would never have said that," the @LACOFD captain continued. Jennifer Bryant confirmed he was denying under oath that he said it. "Yes, I deny that," Cornell testified. Cornell said he’s never seen any photos of Kobe's remains.

"I never said that nor would it have been appropriate," Cornell testified.

Jennifer Bryant asked: "If someone said you said that, they're making it up?"

"Correct," Cornell testified.

That someone is Luella Weireter, the cousin of crash victim KerI Altobelli, who died with her husband, @orangecoast College baseball coach John Altobelli, and their daughter Alyssa. My coverage of her emotional testimony is in this article: bit.ly/3QFppwB

Near the end of his testimony Thursday morning, however, Capt. Cornell admitted he'd said during the event that he wanted to see Kobe, saying he meant general crash photos but "chose very poor language, which I'm regretful."

Earlier, Cornell was asked about previously saying he'd seen internal organs and other body parts in the photos, and whether he saw the crashed helicopter that Imbrenda testified he was focusing on when showing the photos during the gala.

"I don’t know. What stands out to me is the internal organs of the stomach," Cornell testified. Cornell also testified he could see body parts in the photos without zooming in. This is after Imbrenda said in testimony Wednesday that body parts were not the focus of the photos.

Capt. Imbrenda was asked about the photos being of internal organs and said he couldn't answer because "I'm not trained in post-mortem tissue identification." bit.ly/3CeBLIm

We saw a new email during Capt. Cornell's exam: One @LACOFD's Roland Sprewell sent Imbrenda and Cornell on Feb. 28, 2020, about the Los Angeles Times article on the photos. Sprewell wrote: "Just a reminder folks, there are no secrets. One way [sic] another people get exposed."

"He was trying to emphasize the importance of confidentiality with these photos," Cornell said. Cornell like Imbrenda said that at the time, he saw nothing wrong with the #GoldenMikes conversation, but, "in hindsight, I think it was probably the wrong event and the wrong time."

Chester’s lawyer, Jerry Jackson, said Cornell was basically saying the #GoldenMikes turned into "an impromptu training session" and asked if he'd "ever received training after cocktails before?”
"No," Cornell said, saying "I disagree” that viewing the photos had no training value

Capt. Cornell also explained his double thumbs up in this photo from the #GoldenMikes that's an official evidence exhibit in trial, testifying that he was "trying to stimulate that I hadn't received a plaque."

Testifying after Cornell on Thursday was Capt. Arlin Kahan, who’s pictured here with Cornell on his right. Kahan has been a public employee w/ @LACOFD for 30 years. He wasn’t at the #GoldenMikes, but he photographed the crash site the day after the crash with Capt. Tony Imbrenda.

Vanessa’s lawyer Jennifer Bryant (again, no relation) went over something Kahan said previously: he took five
photos in which human remains were “readily visible” and he sent everything to Imbrenda. He denied photographing Gianna’s remains, and he denied removing sheets…

…placed by the corner, though when pressed Capt. Kahan said, “My testimony is some” of the remains “were partially covered” and that he photographed a torso that had not been covered.

Chester’s lawyer, Jerry Jackson, asked Capt. Kahan if he’d agree that the photos he took “eroded what dignity remained at the crash scene.” Kahan said he
didn’t agree, so Jackson asked him if he thought his photos enhanced the dignity at the crash scene.

Kahan said they dind’t but that the photos were professional and “they should have been handled in a professional manner.” Kahan grew angry, snapping at Jackson that they
hadn’t talked about the other work he did at the crash site.

Kahan said he wanted to see the angle and anchor of an operation set up at the ravine by the sheriff’s department. In cross from county lawyer Mira Hashmall, Kahan said he deleted the photos when “I finally knew that the incident was going to close.”

Kahan was followed by WIlliam McCloud, a @LACOFD chief who was a complete 180 from the previous testimony. And it was not good for the county’s defense. His testimony got in key details from disciplinary letters @LACOFD issued to Kahan, Imbrenda and Capt. Brian Jordan.

Vanessa's lawyers filed a motion to get the letters allowed in as evidence. Here's their summary of what the letters say.

Judge Walter ended up siding with the county and said the letters can't be used as evidence. HOWEVER, I'd heard from people who do a lot of trials that there were still ways to get the information in, and Vanessa's lawyers did just that through McCloud's testimony.

So instead of getting the letters entered as exhibits, Vanessa's lawyer Luis Li questioned McCloud about each letter and his findings, going through details quest-on by question such as his conclusions that Capt. Jordan’s photos were inappropriate and "amounted to visual gossip."

And he finding that Jordan's deletion of them "was primarily self serving." One particularly damning finding for the county as they fight Bryant and Chester’s privacy claims was that Capt. Kahan's photos lacked "any regard for the privacy of the deceased and their families."

On the stand right now is @LACOFD Commander William Jaeger, going over the internal affairs investigation. I realized through his testimony is that the letter shown to Villanueva Friday was the inspector general asking to be involved in the investigation, which sheriff declined.

First break of the day almost over. Commander Jaeger is almost done testifying. He was called by the plaintiffs to go over the details of the @LASDHQ internal investigation. which opened the day the @latimes article published.

Regarding the recording of Sheriff Villanueva lying to @AleneTchek about not knowing anything about a citizen's complaint, county lawyers tried to keep it away from the jury. Here's an email to Vanessa's lawyers.

Here's the reply from one of Vanessa's lawyers about the missed discovery deadline.

"If the County wants to try to exclude evidence of the Sheriff and other witnesses lying to the press and public, that is your choice, but we’re confident we’re on solid ground."

Almost done with the 2nd break. On the stand is Acting @LACOFD Chief Anthony Marrone. He denied telling Capt. Brian Jordan to photograph the crash site. Jerry Jackson pressed him with his usual line of questioning about whether the photos hurt the dignity of the victims.

"I would like to think the dignity of the victims remains no matter what we do, because they are dignified people," @LACOFD Chief Marrone said. But he reiterated photos of victims were not appropriate.

"I think Capt. Jordan's dignity was tarnished," Marrone testified.

Vanessa leaving court today. Kobe and Vanessa’s oldest daughter Natalia was in court today, as was @ciara Princess Wilson, the singer who is married to @DangeRussWilson. Closings are expected Wednesday.

I’m almost hesitant to post this just so I don’t have to get to the courthouse super early to make sure I get a seat, but there’s a chance Vanessa could testify again, according to her lawyer. It depends on the testimony of the defense expert, @UCLA psychiatrist Mark Cohen.

Chris Chester and Vanessa’s lawyers hired a @Stanford psychiatrist to rebut Cohen’s testimony, which caused me to do something I vowed to never do: Watch some of the Johnny Depp-Amber Heard trial. (Because the rebuttal expert was Depp’s rebuttal expert.) bit.ly/3Q6nJfC

But the Bruin-Cardinal courtroom testimony battle between Dr. Cohen and Dr. Shaw is not a sure thing. Vanessa’s lawyer Luis Li of @wilsonsonsini said today they’ll see how Cohen’s testimony comes in, and “the plaintiffs may also take the stand.” 👀 More updates TK, stay tuned.

I know very little about celebrities, but I’m hearing @ciara wasn’t the only singer in the courtroom to support #VanessaBryant today. Monica was there, too, and walked out with her. (On the right, arm linked with Ciara.)

Here’s my first draft for today. More coming and I still have to finish the testimony thread I was tweeting out earlier today. bit.ly/3QHrVTr

Regarding Vanessa Bryant’s #squadgoals courtroom support group - soccer player @sydneyleroux was in the gallery Friday. Leroux was GiGi’s favorite soccer player and the inspiration for her # 2. Vanessa thanked Leroux for being there when explaining GiGi’s # 2 in testimony.

OK, expanding where I left off this morning about the disciplinary letters. Judge Walter sided with the county and wouldn't let the full letters in. So Vanessa's lawyers asked the fire official in charge of discipline about each finding in testimony.

https://twitter.com/meghanncuniff/status/1561729284363862016

County lawyer Mira Hashmall repeatedly objected, saying testimony violated a prior ruling. But Judge Walter quickly overruled each time, because the actual letters weren't coming in. Background in this filing from Vanessa's lawyers trying to get them in. storage.courtlistener.com/recap/gov.usco…

In cross, Hashmall went over the fire department’s efforts to identify the employees whom Deputy Doug Johnson sent his crash site photos. Johnson said he sent them to two high-ranking fire officials, one Black and other Hispanic.

McCloud, who is Black himself, said @LACOFD doesn’t have a lot of high-ranking Black officials, so "we were able to narrow that down pretty quick." (It was Capt. Brian Jordan.)

But the Hispanic description is much more broad, and McCloud confirmed the man has never been identified. This was the testimony Sheriff Villanueva was asked about the next day, as described above.

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