Michelle Lasher appeared quite flustered on Monday, the second day she testified in the trial of her former boyfriend, Jesse James Hollywood. “I don’t remember,” Lasher replied to a question. “It was nine years ago.”
She’s not the only one to reply in such a way. In fact, every witness in Hollywood’s trial has made similar remarks-not a surprise considering the events surrounding 15-year-old Nicholas Markowitz’s kidnapping and murder took place nine years ago. Hollywood is facing a possible death sentence for allegedly ordering the murder of Markowitz, who was fatally shot near Lizard’s Mouth in the Santa Barbara foothills.
After two weeks of trial proceedings, Hollywood’s defense attorneys are proving themselves to be worth their pay. Dissecting statements made by witnesses on the stand and comparing them with those made in the past, James Blatt and Alex Kessel have been effective in either questioning a witness’s recollection of events or making it appear that witnesses are lying. Ultimately, it will be up to the jurors to evaluate witnesses’ credibility.
Paul Wellman
Defense attorney Alex Kessel and team have taken those weaknesses to expose potential flaws in witnesses’ stories.
Several of the witnesses who testified at previous trials-including that of Graham Pressley, who was convicted of second-degree murder as an adult but sentenced as a minor-are giving the defense plenty of material to work with. Some, such as Emilio Jerez, admitted to lying in past hearings because they were afraid for their lives. (At the time, Hollywood was still at large. He was captured in Brazil in 2005.) On the stand during the trial of Jesse Rugge, who is serving a life sentence for his involvement in Markowitz’s murder and kidnapping, Jerez testified that he never saw Markowitz bound and gagged at his home. On Friday, he said he had.
Pressley-who was the first person sentenced in connection with Markowitz’s murder- admitted when he took the stand on Tuesday that he hadn’t been honest with detectives originally, hiding some of the details of what he knew had occurred. The defense has objected to Rugge taking the stand because he has given conflicting testimony in the past. “They’re calling the witnesses they pick and choose,” Kessel said. “The prosecution is using known perjurers, known liars.” Judge Brian Hill, however, said it wasn’t unusual for a witness to testify falsely at his own trial.
These problems with memory or truthfulness shouldn’t have surprised the defense. Even before the trial began, lead prosecutor Josh Lynn acknowledged one of his greatest concerns was whether witnesses would be able to recall events that occurred during a few days’ span almost a decade ago. “We have to make sure people are testifying from memory,” Lynn said prior to the start of the trial.
But lying and bad recollections have hardly been the most dramatic pieces at trial thus far. Mixed in are accusations that both the defense and prosecution have intimidated witnesses, allowing for an interesting-and entertaining-twist to the very serious trial.
Paul Wellman
Stephen Hogg, Hollywood’s family friend and attorney, took the stand Tuesday to say he encouraged Hollywood to go to police.
First, it was Chas Saulsbury, a former friend of Hollywood’s who housed the fugitive in Colorado shortly after the murder and later drove him to Los Angeles. Saulsbury often looked frazzled, panicked, and uncomfortable during the multiple days he was on the stand. Blatt even claimed Saulsbury cried after one day of testimony. Saulsbury, who lives in Colorado, said he was contacted by Blatt the day he arrived in Santa Barbara and was asked for his home address. The next day, Saulsbury caught word his dog was suffering from symptoms consistent with rat poisoning. Saulsbury implied on the stand that the defense could have played some role in the sickness. Later, under questioning from Blatt, Saulsbury admitted that he spoke only to an investigator from Blatt’s office, not Blatt, but Saulsbury said he took the question as a threat.
Then there was Lasher, who confessed Monday she is still in love with Hollywood. While Hollywood stared ahead calmly, his former girlfriend burst into tears and yelled at the prosecution throughout her emotional testimony. At one point, Lasher, who testified she was never aware of Hollywood’s alleged crimes until authorities told her, said she had been threatened by prosecuting attorney Hans Almgren and former Hollywood prosecutor Ron Zonen with life behind bars for murder if she didn’t testify the way they wanted to, even if it meant lying. “You’re attacking me,” she said.
Paul Kimes, an investigator for the DA’s office, however, attempted to explain Lasher’s outburst on Tuesday. Kimes sat in on the meeting in which Lasher signed her immunity papers. He said the immunity hadn’t been explained to her and she’d made no effort to understand it. She had been told, he said, that as long as she told the truth, she wouldn’t face charges.



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The twists of fate have saved me from sitting in the court room where the Jesse James Hollywood trial is presently underway. There but by fortune go you or I--one of my children was a school mate with some of the witnesses that are testifying and we've known them since elementary school. Our good fortune is that our child isn't on the witness stand and developed a new group of friends because of attendance at a different high school than them.
Drug dealing and usage played an enormous role in this tragedy and I've been conflicted about legalizing marijuana for awhile. Taking the profit out of the picture might have prevented this but drug abuse seems to have caused tremendous lack of judgment and the bizarre behavior that ensued. Why would we make it easier for kids to grow and abuse drugs, I ask myself?
It is truly sad to read the testimony being reported about this trial and digest what seems to be a complete lack of a moral/ethical compass and consequences of behavior. Barney Brantingham asked last week, "What were thinking?". This is an understatement.
If there are any lessons learned that these now young adults could convey to the next generation, there might be some redemption.
gsjoh (anonymous profile)
June 4, 2009 at 2:39 p.m. (Suggest removal)
I spent a couple of weeks in the courtroom and listenened to testimony of several witnesses. I heard some things from witnesses that were naturally very disturbing. Those same witnesses also have shed light on a side of Jesse James Hollywood that hasn't been seen before. It is a far cry from the "master mind, cold-blooded killer" that has been portayed to me up till now. Just a few examples here but they surprisingly show a glimpse of a boy who was afraid for his own life and the life of his younger brother and family from a very scary gangster type of guy. I find it hard to see a cold-blooded killer who just ordered the killing of a young boy to be sobbing, crying, or praying after this tragic event took place, which was the testimony of the friend from Colorado who drove him to Las Vegas and then back to Los Angeles. Another testified that he sent Jesse [Hollywood] into his home to pick some money that he had owed him. He said that he wasn't home and that he told him to just go ahead in, his mom was home. Would you let someone who you "feared" go into your home while you aren't there, knowing that your mother was there alone? He said that he wasn't worried because his mom really liked him. [Jesse Hollywood] By the way he also mentioned that part of the money he owed Jesse [Hollywood] was because Jesse paid for him to get a new transmission on his car. Another thing that I noticed is this, each of the witnesses who testified as to their behavior or lack of it, which ultimately resulted in the death of 15 yr. old Nicholas Markowitz said, almost as if rehersed, that it was "because I was afraid of Jesse James Hollywood" yet when asked the basis of their fear in questions from the defense asking "Has Mr. Hollywood ever threatened you?" the answer "No." "Have you ever seen Mr. Hollywood ever threaten anyone else?" again, the answer "No" with each and every one. Where then does the fear come from if not from what they've been told or read in the papers and such. I wonder.
Violet (anonymous profile)
June 5, 2009 at 10:44 a.m. (Suggest removal)
Legalizing marijuana would not make it easier for KIDS to grow and abuse, just adults, much like alcohol. It was hard to procure both of these as a teen, but if I wanted pot, I'd have to go to a drug dealer who might sell other stuff too, also might have a gun. I don't believe kids should be around any of this, but this is what they deal with when searching out this stuff because of our laws regarding substances. The lack of judgement & bizarre behavior by the kids is much more attributable to a lack of parenting even though the drug use played a part. Consider yourself fortunate if you have enough money to live in an area where the effects of the black market are not obvious. Kids aren't stupid, they know where the storefront is...
spacey (anonymous profile)
June 5, 2009 at 12:35 p.m. (Suggest removal)
From what I have heard in testimony this tragedy had little if anything to do with a drug deal. Pot smoking was just something that the group of kids did with their time during that particular time in their lives. They went from one house to another, "hanging out and partying." As one witness put it, "we did a lot of nothing" back then. Like it or not that's what kids do sometimes. It rarely ends up with the violence that this story ended in. From testimony I listened to it was clear to me this is about a boy [Jesse Hollywood] who was scared for his own life and the lives of his younger brother and family due to threats which he took very seriously. The source of those threats were from the older brother of the young Nick Markowitz, Ben Markowitz. This was testified to by each of the witnesses that were involved. The picking up of the younger brother Nick Markowitz was stated by witnesses as a 'happenstance' that took place rather than a plot or plan of any kind.
That fact was echoed by each of the witnesses who have testified.
Each of the witnesses also stated that there was no discussion of holding him in trade for money. They just happened to come across Nick Markowitz at a turning point while they were scared, angry and fired up about the threats and more recently,some vandalism that had taken place at their favorite "hang out", the home of Jesse Hollywood. At one point their decision turned deadly. From what I understand from the testimony given, Jesse [Hollywood] had left the Santa Barbara area and sought advice from his family friend and attorney. The attorney[Steve Hoag] testified that Jesse [Hollywood] had urged his friends to "take the kid home." The attorney also urged Jesse [Hollywood] to go to the police, but he was too afraid since he feared the wrath of Ben Markowitz. The prosecution would have you believe that after speaking with his attorney, the defendent made arrangements to have Nick Markowitz killed. They have gone to great extremes in an attempt to prove that. So far not convincing. As far as Jesse Hollywood fleeing, I may have run too, for a number of reasons, after finding out the events that had taken place. Fear of Ben Markowitz first and foremost, fear of the initial involvement of a simple kidnapping, and now a young boy is dead! To make matters worse, you now have been named as the,"master mind" in this horrific crime by countless stories in the media. If I had the means, I think I would run too.
It's up to a jury now to decide the fate of Mr. Hollywood. I hope that they are taking their job seriously and understand that Jesse Hollywood was just a kid back then too. Can you really go by "he said, she said," testimony when someone's life is on the line? "Jesse Hollywood made me do it." I'm not buying that. He didn't have any reputation for violence of any kind as testified by each and every witness questioned.
Cally (anonymous profile)
June 6, 2009 at 7:46 p.m. (Suggest removal)
I was forunate enough to witness the first week of Jesse James Hollywood's trial in person. The procedural precision of the judicial system is awe inspiring and reminds us that perception isn't always reality.
If the remainder of the prosecution's case continues to follow the path that was presented in opening testimonies, I do see how any conscientious juror could conclude anything other than substantial resonable doubt.
Each of the prosecution's witnesses testified to what amounted to nothing more than circumstance and hearsay. Upon cross examination by the defense, each witness became more helpful to Mr. Hollywood's cause. Either testifying to monumental facts regarding persons involved and actions that were taken (or not taken), or to specific information which appeared to be deliberately omitted by the prosecution as if they did not exist. As if the prosecution created a theory, then set out to prove it using only the "particular facts" that make that theory possible. Omitting information and facts that may dispel the theory, even though said information and facts are significant to the case. Specific information such as the white supremist brother of the victim, who was threatening and victimizing the defendant (including having killed Jesse Hollywood's dog.) A noted gang member that had been in and out of trouble with drugs and the law. The member of a family more dysfunctional than functional.
Several witnesses claimed their memory was more clear nine years after the incident, than it was in the weeks following it. However, it seemed that their memory was more astute due to what they had seen or read in the media since that time, than what they actually witnessed at the time.
Not one of the witnesses testified that they had ever witnessed Jesse Hollywood as he has been portrayed by the media, as a "ring leader" or "gangster" who held power over those around him and ordered others to do his will. Quite the opposite was stated time after time. Jesse was just "one of the guys." Bantering, jesting and jovial, like any young man that age. It appeared as though his biggest downfall was having a high profile name.
The testimony in no way displayed Jesse Hollywood as an "angel." He obviously wasn't. But it appeared to me that he was more of an average kid which most of us can relate to at his age. Hanging out. Doing a lot of "nothing."
I knew only of what the media had shown me regarding Jesse Hollywood prior to seeing him sitting solemn and reserved at the defendant's table. It reminded me also, that we are presumed innocent until "proven" guilty in this country. Not deemed so by popular opinion or accusation, or what is deemed "newsworthy" by propoganda in the media.
glwilliams (anonymous profile)
June 6, 2009 at 8:47 p.m. (Suggest removal)
Just to make a correction on my last comment. In the second paragraph, I meant to say, [perhaps obviously]"If the remainder of the prosecution's case continues to follow the path that was presented in opening testinomies, I do NOT see how any conscientious juror could conclude anything other than substantial reasonable doubt."
glwilliams (anonymous profile)
June 7, 2009 at 7:48 a.m. (Suggest removal)