It's Day 8 of trial in Vanessa Bryant and Chris Chester's lawsuits against LA County, and it's a big one. Vanessa will testify, as will Sheriff Alex Villanueva. Judge Walter is starting at 7:30 because of rulings he needs to issue regarding Vanessa’s testimony. Here’s an example.
"That she can travel from location to location and country to country within the same trip reflects on her mental condition and ability to deal with the stresses of traveling." bit.ly/3ClA3Vo
Vanessa's lawyers: "...Mrs. Bryant’s recreational activities are irrelevant to determining whether (and to what extent) she has suffered emotional distress from Defendants’ unconstitutional sharing of photos of her loved ones’ remains."
LA County's lawyers at @MillerBarondess also want to ask Vanessa about this Instagram post about the helicopter company and the fact that she's never posted anything about the crash photos or the conduct "alleged" in the lawsuit.
Also on the horizon is a motion from LA County lawyers asking Judge Walter for a judgment that basically ends the case saying there isn't enough evidence to send it to the jury. These motions are standard in both criminal and civil cases and rarely granted.
In federal civil trials, they're brought under Rule 50 in the Federal Rules of Civil Procedure. In federal criminal trial, they're brought under Rule 29 in the Federal Rules of Criminal Procedure. law.cornell.edu/rules/frcp/rul…
I learned about this legal concept when I was with @SpokesmanReview and a veteran reporter explained that we really don’t need to write about them unless a judge actually grants one, which rarely happens.
Sometimes, though, the judge's rejection of the motion includes comment about how slam-dunk guilty the defendant is or how the lawsuit claims have actually been proven quite well, which can be worth reporting. The motion isn't in yet but should be soon.
Here’s my @lawcrimenews article on Chris Chester’s testimony, which continues today with re-direct from Jerry Jackson. Then Vanessa will testify. Also testifying Thursday were @LAFDCO’s Sky Cornell, Arlin Kahan and William McCloud, which I’ll cover soon. bit.ly/3QCAtLk
Judge Walter is not allowing LA County’s lawyers to ask Vanessa about her Instagram post of broken hearts 💔 in response to the helicopter company getting a CARES Act grant. Says its “minimal probative value” is outweighed by potential prejudice and jury confusion under FRE 403.
He’s also excluding exhibits 669, 670 and 671. I’m on my phone in the hallway and don’t have time to look those up in the filing, but he *is* allowing exhibit 321, which is a screenshot of a search engine result. He says 317, 318 and 319 are admissible with a limiting instruction
Judge said he’d rule on other exhibits as the testimony comes in, but Vanessa’s lawyer Luis Li pressed him about an Instagram post of Vanessa dressed as Cruella Deville with a caption about another stage of grief being revenge. If it’s coming in, he wants to bring it up in direct
Walter seemed to waver on this, saying explaining the background of the Disney character would move this into 403 waste of time territory, but he thinks the caption is relevant because Vanessa is adopting the quote as her own.
They’re starting soon. More TK.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
New tonight: In the fight in New Mexico federal court over his seized cellphone, John Eastman is trying to get a judge to demand more info from the DOJ "of how it alleges that Movant’s activities adversely affected the Department of Justice."
This is part of Eastman's argument that @TheJusticeDept Inspector General doesn't have jurisdiction to investigate him because he's not a DOJ employee. "Movant submits that before giving judicial blessing to such an unprecedented power grab..."
Here's the full filing. "This Court should also demand some limiting principle for the vast investigative authority the government is now claiming pursuant to this heretofore obscure regulation." bit.ly/3Tcipt6
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.
As a reporter, it was quite a thrill to see a police official get picked apart in court by a skilled lawyer for putting out a BS press release, down to his misuse of the word alleged. My story on the devastating direct exam of @LASDHQ Chief Jorge Valdez: bit.ly/3A44Ymv
The audio of Chief Valdez and Sheriff Villanueva lying when asked about the citizen’s complaint regarding the photos is at the bottom of this great @latimes article. It’s been played many times in trial already and likely will be played many times more. lat.ms/3dvH4bP
I don’t have a copy of the ensuing emails between Valdez and the reporter that were shown to Valdez yesterday, but Valdez writes that because of “insensitive intention” to publish, @LASDHQ was having to contact the families of each victim to tell them about “your allegations.”
Happening today in Los Angeles: The first day of trial in Vanessa Bryant’s lawsuit against LA County over photos taken and distributed of human remains at the site of the helicopter crash that killed Kobe and Gianna.
⚖️🧵⚖️
Vanessa’s lawsuit was consolidated with a similar lawsuit from Chris Chester, whose wife, Sarah George Chester, and daughter, Payton also died in the crash. Also killed were John Altobelli, wife, Keri; their daughter Alyssa; coach Christina Mauser; and pilot Ara Zobaya.
The case is about photos LA County sheriff and fire officials took and distributed of human remains at the site of the Jan. 26, 2020, crash. None of these photos are public on the Internet or elsehwere, and neither Chester nor Bryant have seen them.
Alright, it is jury watch time. Jurors in the federal weapons of mass destruction trial of Stephen Beal have now deliberated two full days without reaching a verdict. They’re back at it tomorrow. What does it mean?
⚖️🧵⚖️
Consider the trial was what, two months long? it's not exactly strange that they're going into the third day of deliberation. Impossible to read the tea leaves, as the saying goes. But some trial watchers think the jury should have convicted on the first day.
Beal's defense is basically that the federal investigation was shoddy and ignored other people who had a motive to plant a bomb at a salon in Aliso Viejo (OC town that incorporated as basically a Mello Roos scheme to fund the 73 toll road). But the feds have some evidence.
Just in: Senior U.S. District Judge James Selna in Santa Ana has ordered the forfeiture of Michael Avenatti’s jet, seized by federal agents in 2019.
Here's the full five-page filing. Any person other than defendant asserting a legal interest in the Forfeitable Property may, within thirty days of the publication of notice or receipt of notice, whichever is earlier, petition the court bit.ly/3bIzha8