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Michael Thomas Gargiulo, Pretrial Hearing 42

Previous hearing can be found HERE.

Michael Thomas Gargiulo, date unknown

April 26, 2018
What a long day today was. And it started off so well.

When I arrived on the 9th floor, I was greeted with the news that Gargiulo was not brought to court, again. I privately wondered if he refused to come out of his cell. DDA Daniel Akemon, DDA Garrett Dameron and defense attorney Daniel Nardoni are here. Lead defense attorney Dale Rubin is a no show.

As I listen to counsel chat with Judge Fidler's clerk Wendy in the well, my eyes fixate on the medium sized jar of candy on the corner of the clerk's counter, next to the wall. I had breakfast but eying that candy jar makes me long for a snack already. The reason Gargiulo isn't here is he had a doctor appointment unbeknownst to the prosecution.

As I sit in the gallery, I reminisce back to my first few months inside this courtroom during the first Phil Spector trial. The courtroom feels completely different than than it did ten years ago. My years in similar courtrooms have steeled me a bit. I'm still cognizant of the power a judge has in his courtroom and do my best to obey all the posted rules and bailiff's commands. However, a courtroom is not as frightening a place to me as it once was when I first stepped into Fidler's court in February 2007.

There are apparently three cases on Judge Fidler's calendar ready to go, and Gargiulo is one of them. There is a discussion as to how many days in advance the court requires to get the number of pre-screened jurors they will need for a death penalty case. Somewhere between 30 days and six weeks. The clerk and counsel toss around a new date to return. Possibly June 8. Gargiulo was arrested on June 6, 2008. He's been in custody ever since. I overhear that Gargiulo had an MRI today, making my mind wander as to what medical issue Gargiulo could have. Because of HIPAA laws, I know it's pointless to ask defense counsel what's going on with Gargiulo's health.

I hear counsel and the clerk have a bit of a discussion about how there is supposed to be a July date for a preliminary hearing in the Uwaydah/Kelly Soo Park, twelve defendant (or is it 13?) insurance fraud case, but it's not clear if that will really happen. I followed that case for a short time when it was in Judge Kennedy's courtroom. Lance LaMon of adjuster.com is still diligently reporting on that case. I imagine that preliminary hearing with all those defendants (and sometimes two counsel for one defendant), on three separate indictments will be a nightmare.

9:10 AM

Judge Fidler takes the bench. He states for the record the counsel present and that the defendant is not present. Mr. Nardoni informs the court that Mr. Gargiulo was taken for an MRI today. It's something they have been waiting on for some time.

I'm betting Gargiulo was taken to an LA County hospital for the MRI. I doubt the County Jail facility has an MRI machine.

The parties inform the court they are seeking a return date of June 8th for pretrial. DDA Akemon informs the court they are looking to (hopefully) have a trial start date at the end of August of this year.

The court responds, "So ordered."

And that took about a minute of on the record court time.

Next hearing is June 8, 2018. Hopefully on that date a firm trial date will be set.

After the Gargiulo hearing, I was sent to a few different departments to get copies of documents in the Robert Baker & Monica Sementilli case. I hung around for lunch and then headed over to the Stanley Mosk Courthouse to drop in on a civil case, related to the Lazarus case that my friend Matthew McGough is keeping tabs on. I hope to have a few notes up on that strange experience in a few days.



This post first appeared on Trials & Tribulations, please read the originial post: here

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Michael Thomas Gargiulo, Pretrial Hearing 42

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