From day one of their investigation, authorities thought they had their man.
It didn’t take long after hikers found the body of 15-year-old Nicholas Markowitz — buried in a shallow grave at Lizard’s Mouth in the mountains above Santa Barbara on August 12, 2000 — for investigators to name Hollywood as a prime suspect in the murder.
His friends were quickly gathered and arrested by authorities, and subsequently tried and convicted of crimes related to the murder. But Hollywood escaped, eventually to Brazil. Nine years later — and four since his capture — a Santa Barbara jury agreed that Hollywood was in fact intimately involved in the killing of Nicholas Markowitz.
Paul Wellman
Jeff and Susan Markowitz leave the Santa Barbara Superior Courthouse after a 2009 jury convicted Jesse James Hollywood of the murder and kidnapping of their son, Nicholas.
The now-29-year-old was convicted Wednesday of first degree murder by a Santa Barbara jury of nine women and three men. The conviction comes with a special circumstance enhancement that means Hollywood faces either death or life in state prison without the possibility of parole. That special circumstance is that the murder was committed during a kidnapping.
Hollywood was also convicted of a lesser charge of simple kidnapping, which adds up to a three- to eight-year prison sentence. The prosecution had been seeking an aggravated kidnapping conviction, in which the kidnapping would have to be for ransom or extortion and eventually led to Markowitz’s murder. That aggravating factor, of which Rugge was convicted, could have carried a sentence of life behind bars.
Prosecutors believed Hollywood and friends kidnapped Markowitz as the result of a $1,200 drug debt Markowitz’s older brother, Ben, a former marijuana dealer friend of Hollywood’s, owed. An ongoing feud escalated over time. One day, as Hollywood was looking for Ben Markowitz, he instead came across Nick and threw him in a van. Less than three days later, Nick Markowitz was shot nine times and killed by Hollywood’s friend Ryan Hoyt.
Paul Wellman
Jesse James Hollywood's defense team with James Blatt (center) and Alex Kessel (right) enter the Santa Barbara Superior Courthouse to hear the jury's verdict Wednesday afternoon.
Outside the courtroom shortly after the verdict was read, the Markowitz family had little to say, as they had been instructed to wait until after sentencing to speak. When asked if she was relieved it was over, Susan Markowitz — who has remained stoic throughout the trial — responded, “It’ll never be over.” She added, “I’m ready to carry Nick’s memory into the world,” telling reporters she intended to come out with a book in the coming months.
Ben Markowitz, who has shouldered much of the guilt for his actions leading to his brother’s murder, was content. “It’s just a big relief. The last thing I want is for [Hollywood] to be free,” he said, just before walking up to his father, Jeff, and stepmother, Susan, to hug them, the group filled with smiles.
On the other side, Jack Hollywood seemed stunned by the verdict that will keep his son from freedom for the rest of his life. “It’s unbelievable,” he said, speaking almost in a whisper and looking stunned. “I don’t know what to tell you. I know for a fact he didn’t order anyone to kill him.”
Word that the jury had reached a verdict came in around 2:30 p.m., after more than three-and-a-half days of deliberation. News media slowly began to converge on the courthouse shortly after, as family members and attorneys made their way up from the Los Angeles area. Several prosecutors from the District Attorney’s office were present, including Gerald Franklin, who argued the case at the Supreme Court level for the office. Ron Zonen, who had prosecuted each of the early defendants in the case, earlier had passed by a crowd waiting to get into the courtroom, but did enter the courtroom.
Paul Wellman
Josh Lynn (right), lead prosecutor in the Hollywood case, and Hans Almgren (left) enter the courthouse to hear the jury's verdict.
Inside, the tension was palpable. A full courtroom sat with anticipation as the judge read over the jury forms, and more than 15 deputies and law enforcement officers, including a member of the gang squad, packed into the courtroom. Some jurors held hands as they sat in the seats they’ve occupied since mid-May. Defense attorneys Alex Kessel and James Blatt were the last attorneys to enter, and Kessel, who earlier gave Hollywood’s mother a hug and dad a handshake on his way to his seat, sat with his head down in the time leading up to the verdict being read by the court clerk.
Hollywood, dressed in a gray suit, showed little emotion when the verdict was read shortly after 4:30 p.m., putting his head down as the word “guilty” rang out through the courtroom. Both the Markowitz and Hollywood families showed little emotion on their faces, though members of the Hollywood contingent could be heard crying.
After the jury was polled individually about their decision, the judge scheduled the sentencing portion of the trial and had the courtroom emptied. None of the attorneys had any comment as they left the courtroom, passing in front of several reporters. “We’re trying to save someone’s life,” Kessel said, explaining their adherence to the gag order issued by Judge Brian Hill.
Hollywood, from the get-go, was always called the mastermind behind Markowitz kidnapping and murder. The shooter, Hoyt, is on death row at San Quentin Prison, while Jesse Rugge is serving life in prison, with parole. William Skidmore is out of prison after serving time for his involvement in the kidnapping, and Graham Pressley, who was only friends with Rugge prior the August 2000 episode, spent years in a California youth facility before being released recently. He was convicted as an adult for his involvement in the murder, but sentenced as a youth.
Paul Wellman
L to R Jeff, Susan, and Ben Markowitz outside the Santa Barbara Superior Courthouse after a jury convicted Jesse James Hollywood of the August 2000 murder and kidnapping of Nicholas Markowitz.
Blatt and Kessel attempted to portray their client as a victim who was convicted in the media before he had a chance to tell his story. Their point certainly is well taken, as the case has received much media coverage, most notably a 2006 major motion picture, Alpha Dog, starring Emile Hirsch as Hollywood’s character as well as Justin Timberlake, Bruce Willis, and Sharon Stone. Alpha Dog portrayed the recently captured Hollywood as a hard-partying, tough-talking drug dealer.
But the movie may have caused more problems for the prosecution than the defense. Zonen, the prosecutor in the other related cases, gave his confidential file and notes to movie makers to aid in telling the story, with hopes that the movie would draw attention to the story and to Hollywood’s whereabouts, as he had been on the run for four years at that point. Hollywood was captured in the midst of the movie being made, and his attorney, Blatt, said Zonen should be thrown off the case because of his behavior. The motion made it all the way to the California Supreme Court, which eventually determined Zonen did not have to be taken off, but District Attorney Christie Stanley, in a cautionary move, took Zonen off anyway and replaced him with Joshua Lynn, an up-and-comer rumored to be eyeing the DA’s seat, which is up for grabs next year. And considering the outcome of the Hollywood case, his prospects of getting that seat certainly seem greater.
The DA’s office and Sheriff’s Department have spent a great deal of time and money investigating, apprehending, and prosecuting Hollywood. With almost nine years having passed since the murder, witnesses’ memories and honesty came into question more than once. Throughout the trial, Lynn ushered in dozens of witnesses, from investigators and authorities to then-teenagers who actually hung out and partied with Markowitz in Santa Barbara. Included in that group was Pressley. In his testimony, he told the jury that Rugge told him that Hollywood was “crazy” and offered Rugge $2,000 to kill the boy. Pressley said he dug the shallow grave at Lizard’s Mouth at the demand of Hoyt.
Chas Saulsbury, a friend of Hollywood’s who drove him back to Los Angeles from Colorado after the murder, said Hollywood slowly told him most all the details surrounding the crime. Much of the information Saulsbury got couldn’t have come from anywhere else, though defense attorneys claimed the information was in news reports. Saulsbury told of Hollywood’s meeting with Hollywood’s attorney, Stephen Hogg, during which Hogg told Hollywood he should “dig a deeper hole.” Saulsbury said that Hollywood told Rugge and Hoyt what his lawyer had told him, and that Hoyt then volunteered to “do it.”
It was Hollywood’s gun that was used to kill Markowitz, and he provided Hoyt the vehicle to get up to Santa Barbara, as well as the directions, according to Lynn. Some witnesses testified that Hollywood was aggressive and threatening when the group first arrived in Santa Barbara, telling some to keep their mouths shut.
But, noticeably absent from testifying were two witnesses: Rugge and Hoyt. Though never explained to the jury, Hoyt’s absence had an easy explanation: He is in the middle of an automatic appeal with the state Supreme Court because his is a death penalty case. An opening appeal brief is due from Hoyt’s attorney in that case by July 14.
Rugge, perhaps the case’s most involved individual, also did not testify. Kessel focused on this point during his closing argument. But while the jury could’ve looked at his absence from the stand and wonder, it could’ve been a risky move for Lynn to call the man. Rugge perjured himself in his own trial, allowing him to avoid a murder conviction. (He was, however, convicted on kidnapping.) The court suppressed a confession he gave to detectives during an interrogation following the murder, saying he was more or less deceived into cooperating. So, with that evidence unable to be heard at the trial, he concocted a completely different version of what happened.
Paul Wellman
Jeff, Susan, and Ben Markowitz share a hug outside the Santa Barbara courthouse where Jesse James Hollywood was convicted of murder and kidnapping Wednesday afternoon.
In a rare move for a capital murder case, Hollywood took the stand in his own defense. From there he essentially admitted to the jury the simple kidnapping, but said that shortly after he and his crew arrived in Santa Barbara with the boy, the kidnapping was over and Nick was free to go. Several witnesses testified to partying with Nick, that he was smoking marijuana, playing video games, and drinking beer — sometimes with Hollywood — and when told he should leave, declined. Hollywood testified that he himself asked the teen if he wanted to go home, to which Markowitz replied, “No, it’s cool.”
Hollywood said he had nothing to do with ordering Hoyt to murder the boy, but instead told Hoyt to drive up to Santa Barbara, pick up Markowitz, and bring him home. He said he hadn’t been in possession of the gun for months, but that the gun had been at Hoyt’s grandmother’s house. He testified that it wasn’t until later that Hoyt told him at a party that he had “fucked up” and killed the boy. The argument was witnessed by a few people, but no one heard what the two were yelling about.
Despite the testimony of Hollywood, whom Lynn at one point called a “ruthless coward,” the jury believed the evidence put on by Lynn was enough to show them beyond a reasonable doubt that Hollywood was connected to Nicholas’s murder.
The jury’s work is not over, as the 12 will be back Monday morning for the penalty phase of the trial. The court will reconvene at 9 a.m. in Department 14.
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"On the other side, Jack Hollywood seemed stunned by the verdict that will keep his son from the free world for the rest of his life. 'It’s unbelievable,” he said, speaking almost in a whisper and looking stunned. “I don’t know what to tell you. I know for a fact he didn’t order anyone to kill him.' ”
This suggests that he was close enough to the crime to know actually ordered the killing.
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billclausen (anonymous profile)
July 8, 2009 at 8:38 p.m. (Suggest removal)
From this point on - Jesse James Hollywood will never be released from State Prison.
Jury only has One (1) Option to make from two choices:
- Life Without Parole;
- Death;
Either choice, Jesse James Hollywood dies in prison.... it's just a matter of "when."
If he receives the death penalty, then he will join his fellow accomplice, Ryan Hoyt, on Death Row at San Quentin State Prison in Northern California.
.
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DEATH_PENALTY (anonymous profile)
July 8, 2009 at 10:40 p.m. (Suggest removal)
Wow. I think the jury made a good call. I must say, though, that the reporting made me believe that the defense got the upper hand... which must be wrong. The prosecution must have done better than the reporting indicated.
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sevendolphins (anonymous profile)
July 8, 2009 at 10:49 p.m. (Suggest removal)
"This suggests that he was close enough to the crime to know actually ordered the killing".
If he did know, why did the defense not use him to help exonerate his son?
No, the truth is that his son probably denied that he ordered the killing to his Dad.... what else could he do?
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tabatha (anonymous profile)
July 8, 2009 at 11:01 p.m. (Suggest removal)
a sad day indeed when money or weed are worth a mans life ..
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harryhaller (anonymous profile)
July 9, 2009 at 12:44 a.m. (Suggest removal)
I am really stunned how easy it is in the States to get convicted for first degree murder and probably sentenced to death. Even though one did not pull the trigger. Unbelieveble.
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woorabinda (anonymous profile)
July 9, 2009 at 1:08 a.m. (Suggest removal)
Tabatha: My comment was to point out the absurdity of Hollywood Sr.'s comment. I'm not suggesting he was in any way tied to the crime, but to point out his knee jerk reaction to the evidence presented.
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billclausen (anonymous profile)
July 9, 2009 at 5:25 a.m. (Suggest removal)
Long time in coming, but now it's down to life without parole or death sentence. Both amount to same thing --- no chance to ever get out.
Appeal is an even longer process in such cases and seems to me very slim odds there. So Adios JJH.
Thanks Chris for all your coverage.
Peace to all.
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SweetLips (anonymous profile)
July 9, 2009 at 6:57 a.m. (Suggest removal)
Wow! Im so glad he was convicted of first degree murder! I admit that for a time I was worried about the outcome of the verdict. I wonder where GLwilliams (I think is the name) JJH's buddy is? They kept saying JJH was innocent. JJH was not innocent of ANYTHING! He is a drug dealing thug and murderer and he is finally going to pay for what he did. The right thing for him to do now is just go on and admit what he did and apologize and ask for forgiveness from Nick's mom and get his life right with God. And at least try to become a better person in prison being as he wasn't outside of prison.
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pipa157 (anonymous profile)
July 9, 2009 at 8:03 a.m. (Suggest removal)
I honestly wonder how many people on here would say he was guilty if not for "Alpha Dog" or the rest of the media. Because on evidence alone, this man should of been found not guilty of the 1st degree murder. Living on the East Coast, this didnt receive the same amount of coverage and my initial opinion of guilty was based on the movie. But after feverishly reading all the trial updates, I cannot believe this evidence convicted JJH. I think the judge's opinion will be revealed when he decides Life or Death. I do not think he will send a man to his death based on that evidence.
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kerry121 (anonymous profile)
July 9, 2009 at 8:25 a.m. (Suggest removal)
Ah...Kerry121...WHat about the point in the trial in which Chaz, JJH friend who took him to Colorado, said Holllywood admitted to ordering the killing of the boy. Last time I checked that is an admission to 1st degree murder. If the jury beleived that testimony, that alone would be suffiencient to prove 1st degree. Maybe, just maybe, we should not come to a conclusion based on reading news accounts of the trial and not criticize a jury's decision based on a limited understanding of what the actual evidence was. Just a thought.
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johnny123 (anonymous profile)
July 9, 2009 at 10:57 a.m. (Suggest removal)
Johnny123...Ok..Saulsbury...who Kessel described as a "human bong" testified JJH told him he told Rugge and Hoyt what Hogg told him and Hoyt volunteered to do it. This is the same guy who claimed the defense poisoned his dog. This guy was all over the place and who went from being charged with harboring a fugitive to key prosecutions witness. Do you remember his last line to the cops in the taped recording.."Was this helpful?" Come on. If you think Chas's testimony was a good enough reason to convict someone on 1st degree murder than I hope you are never on a murder jury. Ironically Rugge bounds his hands together, stood right next to him as he was murdered, but was acquitted of murder......I still don't know what I believe, but this evidence, at the very least, provided reseasonable doubt
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kerry121 (anonymous profile)
July 9, 2009 at 11:39 a.m. (Suggest removal)
In order to be convicted of first degree murder, you do not have to the be the one literally pulling the trigger. It was proved that JJH premeditated the killing of Nick. Also, this murder was committed during a felony - kidnapping. California sees first degree murder as "willful, deliberate and premeditated" or that is committed during a felony.
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Muggy (anonymous profile)
July 9, 2009 at 12:17 p.m. (Suggest removal)
And Rugge claimed he had no idea Nick was going to be killed and believed Nick was eventually going to be set free whenever JJH told them to drive him back home. Rugge was not responsible for the murder and that's probably why he wasn't found guilty of murder.
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Muggy (anonymous profile)
July 9, 2009 at 12:20 p.m. (Suggest removal)
All of us only have news reports.
The jury got the story as close to first-hand as it gets in our legal world.
I gotta trust the jury's judgment.
Personally, if you initiate a kidnapping, and your victim subsequently dies during the kidnapping, you're a murderer. Lawyers can argue all they want, but a death during a kidnapping should always be a murder in my opinion.
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sevendolphins (anonymous profile)
July 9, 2009 at 1:29 p.m. (Suggest removal)
As a matter of law, it really is just as straightforward as Sevendolphins says. You do a kidnapping and you buy into all the rest, including the death of the kidnapped victim.
That's why I see the only arguable appeal by JJH to be that his ineffective counsel allowed JJH to testify that he did the kidnapping. For sure you won't see the same defense team after the sentencing, so JJH will certainly make that claim.
It will take many years to have that appeal decided. Credibility [or not] of the various others involved was decided by the jury and an appeals court ought not bother reviewing that issue.
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SweetLips (anonymous profile)
July 9, 2009 at 2:07 p.m. (Suggest removal)
Something people are forgetting here is actually viewing a witness during their testimony. Body language, eye contact, inflection of the voice, these are all part of a witness giving credible testimony. Jesse James Hollywood took the stand in his defense and by all accounts came off as being coached and not forthcoming on his responses to the prosecution. Indeed the DA even made that a part of his closing statement; saying Jesse remembered perfectly when questioned by his defense counsel, but couldn't remember a thing when questioned by the prosecution. I am surprised that a famed criminal defense attorney like Mr. Blatt would have put Jesse on the stand, I am sure at this point they are reevaluating that decision. In the end justice was served and this person will be off the streets for the crimes he did.
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Dublinguy65 (anonymous profile)
July 9, 2009 at 3:01 p.m. (Suggest removal)
I'm a little amazed the jury found the special condition on the first primary kidnapping. During the Hoyt jurt deliberation time, there was a lengthy deliberation on to which of the "kidnappings" Hoyt was responsible for to be eligible for the special condition and thus the death penalty. The first kidnapping was tossed out in the first round of voting by the whole jury. It didn't seems as though the prosecution made a very good case that this was true this time around. But good enough I guess. JJH will be in jail the rest of his life no matter what.
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Sandon71 (anonymous profile)
July 9, 2009 at 3:19 p.m. (Suggest removal)
OKAY , WHEW , upon reading all this , it occurs to me that
if you kidnap a boy , and tie up his hands , and have him taken to different locales , and eventually the kid ends up
dead , even if you did not originally intend the death ,
it happened as a result of this , and so , you are
responsible , period .
the two are connected , ' kidnap boy , boy dead " , JHH's breathless wonderment that he might be considered
capable of such cowardice is laughable , read the transcript , if you need proof that your actions led to this , it's all fun and video games til someone gets hurt ..
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harryhaller (anonymous profile)
July 10, 2009 at 10:23 a.m. (Suggest removal)
To - Woorabinda:
If you & another person or group of people agree to a plan...... Everyone is responsible for everyone's actions during that plan as if they did it themselves whether they knew it was going to happen or not.
For Example:
- If you & your friend agree to rob a bank & your role is to be the get-a-way driver waiting in the parking lot while your friend is inside the bank robbing it & your friend shoots a bank customer.... then you are guilty of that customers' murder, as well as your friend too.
The offense is called: "Conspiracy."
If any law is broken during a plan, everyone involved in the plan is guilty of that offense.... just as if they had committed it themselves.
It should deter people from agreeing to the plan of a group of criminals since they will be responsible for everything that happens.
.
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DEATH_PENALTY (anonymous profile)
July 10, 2009 at 12:12 p.m. (Suggest removal)
actually in your example, the offense is still called "murder". Doesn't matter if you were just driving the car, you get charged with murder, not conspiracy.
It works pretty much as you described but "conspiracy" is a different animal.
Jesse Jerk Hollywood got what was coming to him. What amazes me is that he (and his lawyers?) actually thought that by admitting to the kidnapping he would somehow be absolved of the murder? That's just stupid. But then again, these were not Rocket Scientists to begin with.
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cartoonz (anonymous profile)
July 11, 2009 at 3:39 a.m. (Suggest removal)
As I got it, JJH admitted the first kidnapping, that ended when Nick was free to go, regardless the fact he actually didn't run. But JJH claimed he wasn't even aware of the second kidnapping, that led to Nick's death. That was all an Hoyt's idea and actions, while the weapon (that once belonged to Hollywood) was already in Hoyt's possession, being hidden in his grandfather's garage.
JJH argued with Hoyt, after the crime. Nobody was able to say why. Because he didn't want the murder at all, is probably the defense suggestion. Because Hoyt didn't have to leave the weapon in the grave, is another option. The directions to the place where Nick was, and the reasons for Hoyt to start it all alone are still unexplained. But reasonable doubt rises when questions are more than answers... his lawyer was quoted to say. Moreover, It's not a defendant's duty to find the reasons that led somebody else to commit a crime. When the other person (already convicted) could have done it all alone, there is a reasonable doubt. This is the defense, in brief, as i understood it from the news.
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Alberto (anonymous profile)
July 11, 2009 at 7:51 a.m. (Suggest removal)
I am in shock. Let me address "cartoonz." Your name certainly fits your opinion. It was found to be a "simple kidnapping" by the jury, meaning that no ransom was demanded, etc. Yes, JJH (middle name Jesse. Show some dignity and respect) was involved. Nick was free to go on many occasions as testified by witnesses. Therefore, kidnapping over. (Nick didn't want to go home. He was in trouble with his parents over drug use the night before. He chose to stay and party.)
The second kidnapping is by Hoyt, Rugge and Pressley taking Nick. It was not proven that JJH had anything to do with it, much less "ordered" it. Rocket science obviously isn't your chosen field.
In S.B., JJH treated the boy like a guest, not a victim, relaxing with him, even playing video games with him as testified by Afronti. Does this sound like a "drug dealing thug and murderer" Pipa157? Ruthless people don't let their victim party at motels with girls and strangers without even being present, and come and go as they please. Sounds like typical kids, doesn't it? Would a "mastermind" allow that? I doubt JJH will ever grant your wish of admitting guilt. He claims his innocence and there is no proof "beyond reasonable doubt" that he is wrong. Would you do anything less? God will make the final determination. Mortal juries are supposed to look STRICTLY at the FACTS, without BIAS. I can't claim to know JJH's innocence or guilt first hand because I wasn't there. I can only go by the testimonies. Not what I hear in the MEDIA.
Kerry121 has the point correct re: media. This trial should have been moved elsewhere. I recall seeing JJH's case portrayed on "America's Most Wanted" shortly after it happened. Based upon that, I shared their opinion of JJH. And who wouldn't believe John Walsh after what he went through? It's called "America's Most Wanted" not "America's Most Guilty" for a reason. Then a "major motion picture" like "Alpha Dog?" Are these to be considered the "truth" or "exploitational journalism" and "artistic flare?" Is it unreasonable to think that the public doesn't form an opinion based on what is depicted in these? The National Enquirer should not be our basis for fact finding. Due to the media, our country is one of "guilty until proven innocent" instead of "innocent until proven guilty." Scores of others have been dealt the same verdict. Can you state one person who has been in the media and not presumed to be guilty before being tried? I can't. Everyone from Lee Harvey Oswald to Michael Jackson has been tried in the media. Granted, many a guilty party have been found guilty by overwhelming evidence. Overwhelming evidence trumps reasonable doubt. Where is that evidence here?
As for Chas Saulsbury, I heard him first hand, and he was ALL OVER the place. If the jury believed half of what he said, then this jury was undoubtedly tainted. Kessel got it right if he called him "a human bong." He's an idiot. Justice doesn't ALWAYS prevail.
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glwilliams (anonymous profile)
July 11, 2009 at 10:03 a.m. (Suggest removal)
williams , the point is , grabbing a 98 pound weakling off the street , holding him against a tree
and punching him repeatedly in the gut then throwing him in a van to be transported to a scary place , right here we
have evidence of ruthlessness , are you saying he was kinda ruthless ? so he let the kid smoke pot , ted bundy bought his victims dinner , this does not rewrite the
mans nature , which was ruthless ..where there is smoke,
there is fire ..oh , and as for his dignity being plundered by the use of the word jerk , his dignity never existed .
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harryhaller (anonymous profile)
July 11, 2009 at 11:37 a.m. (Suggest removal)
As far as it being 2 seperate kidnappings, if he hadn't been taken by JJH in the first one, he wouldn't have been as accessable for the second one. It's all related.
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faerydragon (anonymous profile)
July 11, 2009 at 2:30 p.m. (Suggest removal)
faerydragon: it's related. I agree. But to be convicted for 1st degree murder, one has to want the murder, and commit actions for it to happen. And those actions should be proved. So to speak, if someone has a car crash, and the victim with a broken leg dies in hospital because of wild fire, it's no murder, also if the fire was set (without his knowledge or will). In other words, the unpredictable breaks the causality link, just like the will of somebody else does. In those cases, you've to distinguish who created the occasion, from who's been the cause, only the latter being responsable.
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Alberto (anonymous profile)
July 11, 2009 at 3:34 p.m. (Suggest removal)
You must be quite relieved then, Alberto, that we had a jury of random citizens -- selected and agreed upon by both the defense and prosecution -- to listen and observe the declarations, facts, and testimonies, and arrive at a unanimous conclusion: guilty of murder.
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binky (anonymous profile)
July 11, 2009 at 4:01 p.m. (Suggest removal)
harryhaller, where did you read that Nick Markowitz was a 98 pound weakling? His own father testified that Nick was a martial arts competitor and they often went to competitions together. In fact, they were scheduled for one on the weekend of the abduction, but his father chose to work instead. This is simply stated in Nick's father's testimony. It immediately made me wonder why Nick didn't try to defend himself and escape initially.
By the way, JJH was not the only one present during the kidnapping, there were two others. Shouldn't they be found guilty of murder as well?
And why does everyone keep stating that the kidnapping was over a $1200 drug debt owed by Ben Markowitz? If that were the case, why wasn't any ransom demanded? Let me explain why: because the abduction was an impulsive move. The boys were pissed off at Ben Markowitz over his constant and continued harassment and death threats against Hollywood. So constant that Hollywood was forced to sell his home and move! In fact, that very morning JJH was awakened by bricks coming thru his windows, followed by yet another death threat by Ben Markowitz! They were out to kick Ben's ass, not collect $1200. Why does everyone choose to ignore facts like this? I don't think $1200 is a lot of money to someone who was making the kind of money JJH was. And it definitely doesn't make him a killer. Period.
Only these facts are relevent: 1) Did JJH abduct the boy with the intent to kill him? Not proven.
2) Did JJH (or any of the others) hold him against his will for three days? Not proven (in fact, dis-proven.)
3) Did JJH orchestrate, plan and carry out the murder? Not proven.
Not only were these points not proven, but certainly not proven "beyond a reasonable doubt."
And it doesn't matter what you or I "believe." Only what the jury believed based strictly upon the facts proven in the case. I simply don't think they followed the guidelines set forth as the judge instructed. If I had been on that jury, it would have been a "hung jury" at best, because I certainly have "reasonable doubt." There were no witnesses, no proof and certainly no smoking gun. All testimony that I heard never indicated JJH was the type of person everyone believes him to be. In fact, it was to the contrary.
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glwilliams (anonymous profile)
July 11, 2009 at 5:41 p.m. (Suggest removal)
But for the life without parole or death sentence which is really about the same, this case is over and so this will be my final comment.
I saw no prior media coverage nor the movie. The SB Independent's reports were all I have followed over the past few weeks and I am grateful for this coverage, esp to Chris.
Having practiced law in NY for the past 40 years, in my view clearly JJH was rightly convicted of all the direct results of his self-admitted kidnapping of the murder victim.
With candor, I have to now say GLW seems in a deep state of denial as to the basics and wanders into places usually reserved for a convict's family members, close friends and/or lovers. Of course, I've no idea which applies here since GLW has not disclosed that as several others have suggested, but his/her periodic comments are noticeably of that realm.
Peace to all. May dear Santa Barbara live on and prosper.
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SweetLips (anonymous profile)
July 12, 2009 at 8:38 a.m. (Suggest removal)
Sweetlips, the fact that you have received your information from the local news papers from Santa Barbara may be where your problem of ignorance or naivete' lies regarding this case. I sat in the court room during the trial listenening to witness after witness testify. I would then read the local papers each morning following and was shocked, angered and outraged at times to see what had been reported and in many cases what had NOT been reported. The SB Independent was very biased throughout until a glimmer of light at the final week or so of the trial. Only then, did they just begin to state that maybe there are two sides to this story and that there was certainly a possibility of reasonable doubt. I believe that the problem with the jury is the same. They are "random" citizens, yes as one person commented, but those random citizens have been predisposed to the opinion of the media and the local news for nine years. Therefore, they are biased. I am not in denial, but rather in shock. I only hope that you or someone you love would not be judged and convicted on this type of evidence. Love and Peace to you sweetlips and the rest of you out there who think that justice was served here. I mean that sincerely. Too much has been lost here already.
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glwilliams (anonymous profile)
July 12, 2009 at 8:30 p.m. (Suggest removal)
I agree, glw, not with you, but that too much has been lost already. The life of a very young boy was lost. Not just lost, but taken. Not by accident or disease or mistake.
Media had nothing to do with the death of young Nicholas. Media did not instigate the kidnapping, nor bind the boy up with duct tape. Media did not run off to Colorado or Brazil. Media did not get a girl pregnant to somehow, hopefully, to avoid the extradition of a father of a Brazilian child.
The responsibility of the media was and is to report what is found out in the research of the crime. After the crime was discovered.
What is and was so uncanny about this crime in progress is that there were many participants and onlookers before the actual killing took place, and people involved after the fact who helped Hollywood evade the law.
Media was not involved until after the fact.
Did anyone see any genuine remorse in Hollywood's attitude? That is a rhetorical question.
I think that the media did a great job of reporting what was transpiring during the trial. The media did not make the decision, but reported it.
glw, you are not about Love and Peace. But murder is not about love and peace, and Jesse James Hollywood did not stand for love and peace, but for putting into place a murder to assuage his anger over a broken window and a drug debt. Misplaced anger has gotten more than one person in trouble--serious trouble.
And an innocent boy lost his life because of this misplaced anger. glw, what is your excuse? Why do you have so much feeling for the perpetrator of the killing of Nicholas?
My hats off to the jury. It is truly difficult to have a further life in their hands as they recall and hear testimony about a life taken. Justice is justice, and the jury made a just decision.
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bajamama (anonymous profile)
July 13, 2009 at 12:55 a.m. (Suggest removal)
After some very limited research, I believe California considers, "All kidnappings are felonies".
Combine that with the felony-murder rule, which is active in California, states that if an event, which would otherwise be considered manslaughter, occurs during the commision of a felony (such as kidnapping), then the charge is automatically upgraded. It also applies to EVERYONE involved in the crime.
I believe this is why some of the earlier defensive maneuvering was to attempt to define what happened to Nicholas Markowitz as a "real" kidnapping.
I'm sure this is early-year law school knowledge, and many of the previous posts put forth this basic idea, but no one seemed to have actually laid out the "felony-murder" legalese.
Personally, I think that Hollywood may have considered himself "hard", and would have gladly played the part of a serious gangster/dealer when this started. However, when push came to shove, he ran for it. So whether he regretted the death or not, he found himself in the unfortunate case of being the first domino to fall in all of this. I think he has probably grown enough to regret what happened, simply due to age. Perhaps, he warranted a full conviction with a somewhat lighter sentence, but since his "crewmen" went for hard time, it was unlikely he would get off with less.
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equus_posteriori (anonymous profile)
July 13, 2009 at 9:34 a.m. (Suggest removal)
Ah, I found this in the California Penal Code:
190. (a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. . . .
So at best, assuming conviction of the kidnapping, consequent felony-murder, the least he would expect to get would be 25 years.
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equus_posteriori (anonymous profile)
July 13, 2009 at 9:41 a.m. (Suggest removal)
alright, to Kerry121 and all others who feel that the verdict was unjustified... First of all, there was every reason for the DA to convict JJH for 1st degree murder and kidnapping because of the following reasons:
-there was mens reas (premeditated act) and actus reas (the act itself) involved in the kidnapping and killing of the Nick...
-the gun was admitted by JJH that it was his (whether or not he was telling the truth of the guns whereabouts, was up to the jury to decide.)
-Ryan Hoyt had NO MOTIVE to kill Nick, he was not involved in the dispute between JJH and Ben M. nor was he involved in the kidnapping. But JJH has a motive why he would order the murder.
-In JJH's testimony nothing that came out of his mouth sounded believable. "I didn't tie him up" when there were witnesses who said he did. "the gun was in Hoyt's grandmother's house" why would you put a gun in a person's house who most people describes as wild and irresponsible.
-And most importantly why would Graham Presley say that Rugge told him that JJH offered Rugge to kill Nick for $2000. Graham is not related to JJH crew and has already served time so telling the court false information WOULD NOT benefit him any.
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srfr_grl12 (anonymous profile)
July 13, 2009 at 9:58 a.m. (Suggest removal)
What I am saying is every piece of "evidence" that convicted JJH was heresay. We all know the reason Hoyt couldnt testify, but why not Rugge. If what the prosecution said was true, call Rugge and have him testify. If he backed what Presley said, then case over...but they didnt. And its not the defense's position to call him because its not their job to prove. SFR_grl12-true Hoyt had no motive that we can comprehend, but we are not dealing with a stable human being...who knows what was going through this man's drug riddled mind. What kind of person just kills somebody because they were asked? Obviously he had major character flaws that I could believe thought up this crazy story that he was helping his friends.
Why would JJH have a kid killed when half of Santa Barbara saw him partying with everybody? He had to obviously know who the cops would turn to.
As people have wrote here, if the intial kidnapping that occured here and ended with death derserves the death penalty....what about Rugge and Skidmore? They were in the van. I know Rugge was charged but not convicted. BTW does anybody have trial updates on his previous trial along with Hoyt????
And Im sure people remember that Susan Markowitz testified at Pressley's parole hearing....hmmmm
2 Months ago I believed JJH was guilty as sin and deserved death, but that was based on Alpha Dog and the media. After reading the trial updates ( and supposedly they were not reporting the whole trial as glwilliams pointed out), I believe the prosecution didn't prove their case and he didnt deserve to be convicted of 1st degree murder.
Since I didnt know about this back in 2000, how did it even come out the JJH ordered all of this. Was it Hoyt, Rugge?? during their interrogations??
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kerry121 (anonymous profile)
July 13, 2009 at 11:05 a.m. (Suggest removal)
For Kerry121
Hoyt’s absence had an easy explanation: He is in the middle of an automatic appeal with the state Supreme Court because his is a death penalty case. An opening appeal brief is due from Hoyt’s attorney in that case by July 14. Rugge perjured himself in his own trial, allowing him to avoid a murder conviction. (He was, however, convicted on kidnapping.)
**This was a copy and paste of the reports**
I'm glad JJH got what he did, in my opinion justice was served...
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srfr_grl12 (anonymous profile)
July 13, 2009 at 1:40 p.m. (Suggest removal)
srfr_grl12--- I am curious what exactly did Rugge say to prejurer himself?? And how did they come to the conclusion he did perjured himself? Thanks
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kerry121 (anonymous profile)
July 14, 2009 at 3:53 a.m. (Suggest removal)
The shooter had HOLLYWOOD'S GUN!!! Did he get charged with theft for having that gun or do you think it was given to him by Hollywood to take care of things?? Plus, every picture of Hollywood, taken after his capture, he always has the same sh*t eating smirk on his face. That's the look of someone who thinks they're going to get away with it. I agree that the other's involved got off easy. Personally, I think plea deals should be done away with; everyone does the maximum for the crime that they commit. If they want to turn in anyone else involved, great, but they do their full time.
And as far as culpability, think about this....if a person buys some dope and gives some to another person, who goes off by themselves and overdoses on that dope; the person who gave it to them can be charged with murder for supplying it....even if they weren't present for the actual overdose. Hollywood's actions started the dominos falling that led to the trigger being pulled.
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faerydragon (anonymous profile)
July 14, 2009 at 3:34 p.m. (Suggest removal)
Kerry 121 I am not capable of pulling such records to know what and how Jesse Rugge perjured himself in trial, for one thing I don't have the access to such files. The statement I put out there is written on the reports of the santa barbara independence itself... Maybe you should do a little more research before making such smart comments.
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srfr_grl12 (anonymous profile)
July 14, 2009 at 4:28 p.m. (Suggest removal)
srfr_grl12---I have read every single article about this case and I am aware that Rugge perjured himself. But I wasnt making any smart comments, I truly want to know if you ( or anybody on here) have any info of their cases. I am very curious to see how those trials went down.
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kerry121 (anonymous profile)
July 15, 2009 at 2:47 a.m. (Suggest removal)
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