Hollywood gets life in prison
Jesse James Hollywood’s decade-long journey from a successful marijuana dealer in the San Fernando Valley to convicted child killer ended yesterday when a Superior Court judge sentenced the 30-year-old to life in prison without parole.
The sentence was handed down nearly 10 years after Hollywood and his posse kidnapped 15-year-old Nicholas Markowitz from a suburban street in West Hills, drove him to Santa Barbara, and days later, had the boy executed over what prosecutors said was a drug debt owed to Hollywood by the victim’s older brother.
The severity of the sentence did not come as a surprise. After finding Hollywood guilty of first-degree murder and kidnapping last July, the same jury recommended the sentence of life without parole, a lesser punishment than the death penalty, which prosecutors had sought.
While handing down the sentence, Judge Brian Hill did not personally address the defendant, but instead read from a probation report prepared for the hearing.
“It is hoped that with the sentence the Markowitz family can hope to move forward,” the statement said, noting that the stiff penalty would hopefully deter others from committing similar crimes. “There is simply no place in a civilized society for such acts and there simply was no reason for Nicholas Markowitz to die.”
At the conclusion of the hearing, Hollywood, dressed in a gray suit with slightly shaggier hair than he had during trial, turned toward members of his family seated in the audience and smiled. He shook the hands of his attorneys, and with the cascading sound of camera shutters clicking in the gallery, he was escorted through a side door by armed guards.
For Nicholas’ family, watching the man who prosecutors say was the mastermind behind their son’s tragic demise receive justice was a welcome finale to a lengthy saga that included the trials and convictions of three other men involved in the kidnapping and killing.
“It has been a very long 10 years,” said Susan Markowitz, the victim’s mother, outside the courtroom, “and I’m most grateful to the jury.”
Susan Markowitz also said that despite the amount of time that has passed since her son’s abduction and execution, she’s still “in disbelief that this ever happened.”
The victim’s father, Jeff Markowitz, was brief: “It’s been 10 years. We’ve had enough.”
Meanwhile, Hollywood’s parents were less than pleased to see their son sentenced, and, as they always have, maintained that he had nothing to do with the boy’s murder.
“My son did not receive a fair trial,” said Laurie Haynes, Hollywood’s mother. “He did not order anyone to kill Nick Markowitz … I am confident we will be successful on appeal.”
After kidnapping Nicholas, Hollywood and his friends took the boy to Santa Barbara, where they were to party during the city’s rowdy Fiesta celebration. However, shortly after the group’s arrival here, Hollywood went back to Los Angeles. He returned to Santa Barbara once before Nicholas was killed, but was not present when the killing took place.
Prosecutors said Hollywood, upon learning he could face life in prison for kidnapping the boy, ordered his childhood friend, Ryan Hoyt, to travel to Santa Barbara and kill the boy.
Hoyt did just this, driving Nicholas to an isolated area, and filling his body with bullets fired from Hollywood’s TEC-9 machine pistol. Hoyt was convicted and is on death row.
Hollywood said during his trial that he merely asked Hoyt to bring the boy back home, but for some unknown reason, he killed Nicholas instead.
Despite his claims of innocence, Hollywood fled the country. He eventually found refuge in a Brazilian beach town, where he lived for several years, maintaining a long-term relationship with a woman there who was pregnant with his child when authorities finally captured the fugitive.
Prior to handing down the sentence yesterday, Judge Brian Hill rejected a motion filed by Hollywood’s defense that sought a new trial.
The motion, which was filed last week, alleged a number of misdeeds on the part of prosecutors and the court, including failure to change the venue for the trial.
James Blatt, Hollywood’s lead attorney, said the crush of media coverage surrounding the case, which included the major motion picture “Alpha Dog,” which starred Bruce Willis, Justin Timberlake and Sharon Stone, made it impossible for his client to receive a fair trial in Santa Barbara.
Blatt said it was the first time in “our nation’s history” that a high-profile film was released prior to the defendant going to trial. On top of this, Ron Zonen, the prosecutor once assigned to the case, cooperated fully with the film’s directors, handing over confidential case files to aid filmmakers.
On top of a mere venue change, Blatt said, “We feel strongly that the District Attorney’s Office should have been recused.”
However, Hill, as he had done at least twice prior to trial, said he doubted the film and the accompanying media coverage in the early days of the case compromised Hollywood’s right to a fair trial.
The defense motion raised several other issues, which the judge ultimately denied, including the court’s decision to permit certain hearsay statements made by Hollywood’s co-conspirators.
But perhaps the most legally interesting points raised by the defense included an allegation that prosecutors, incorrectly and unethically, argued inconsistent theories, and that the court incorrectly instructed the jury on the prosecution’s theory of felony murder.
In the case of inconsistent theories, Blatt said prosecutors, while seeking the conviction of Graham Pressley, the boy who dug Nicholas’ grave, called him a “liar” and “perjurer” when he took the stand during his own trial.
But when Pressley, the only person convicted in connection to Nicholas’ murder to testify during Hollywood’s trial, took the stand this time around, prosecutors appeared to rely heavily on his statements, presenting them to the jury as truth.
From the outset of the argument, Hill didn’t appear to be amused. But Blatt called the actions of the prosecution “not in the best interest of criminal justice, and frankly reprehensible.”
The defense’s central theory is that, in order to win Pressley’s conviction, prosecutors said he was a liar. But years later, when Pressley’s testimony, which Blatt said was virtually the same during both trials, was presented during Hollywood’s trial, prosecutors no longer accused him of lying.
Chief Trial Deputy Joshua Lynn, the prosecutor in the Hollywood case, denied arguing inconsistent theories. Lynn said this theory only comes into play when prosecutors argue in one trial that the suspect is the shooter, for instance, then argue in a subsequent trial that another person was the shooter, just to notch convictions.
Blatt’s co-counsel, Alex Kessel, said at the very least, an appellate court might find it amusing the Santa Barbara County District Attorney’s Office would rely so heavily on testimony from a person they’ve insisted is a “known perjurer.”
The defense also alleged that juror misconduct prevented Hollywood from receiving a fair trial. Although Hill acknowledged some minor instances of juror misconduct occurred, he felt these issues were fleshed out during evidentiary hearings that took place during trial.
The judge gave little credence to a declaration filed by a female juror that alleges another juror committed several other acts of impropriety during the trial. To this, Hill wondered why the juror levying the accusations didn’t bring these matters up during earlier evidentiary hearings. While the judge seemed to be calling this juror’s credibility into question, he noted that he found the juror being accused of impropriety to be credible during an interview at trial.
Blatt and Kessel also felt strongly during Hollywood’s trial, and yesterday, that the court erred by instructing the jury on the felony murder rule, which essentially allowed jurors to convict Hollywood of first-degree murder. In order to reach this conclusion, the jury found that Nicholas’ kidnapping was a continuous event.
The defense argued that the kidnapping ceased at some point, as evidenced by Nicholas partying with his alleged kidnappers, and apparently having multiple chances to escape.
The defense argued that the kidnapping was not continuous, and the possibility of a felony murder finding by the jury should have been excluded from jury instruction, as it had been during the trial of Jesse Rugge, who was convicted of kidnapping Nicholas for ransom, but was acquitted of murder.
In Rugge’s case, Blatt said the judge ruled that the kidnapping was not continuous, and Hill should have done the same. The attorney also pointed out that Rugge appeared to be more intricately involved in the kidnapping and murder than any other defendant because he was the only person present when Nicholas was kidnapped and killed.
This is a vivid example of two different judges and juries coming to very different conclusions in cases that, for all intensive purposes, were likely based on similar evidence. Another example of these conflicting results illustrated by the Rugge trial is that the jury found him guilty of kidnapping for ransom, a charge Hollywood was acquitted of. Hollywood was convicted of first-degree murder and simple kidnapping.
Yet, Hill said he couldn’t make the finding for a new trial based on the felony murder rule because he didn’t know anything about the Rugge case.
“I don’t know what the evidence was in the Rugge case,” he said. “That’s a different case. I understand the outcome was different. I can’t explain why it was different.”
The judge added later, “What we had was 12 people from the community who found that your client was guilty.”
Blatt vowed to appeal, but said he didn’t know when this would be done. In the meantime, he said Hollywood would be transferred to a high-security state prison.
Comment on this article
FINALLY SENTENCED ~ THANK YOU : 2/6/2010
My son Nicholas Samuel Markowitz is dead because of Jesse James Hollywood. Jesse had him murdered to cover up his own crimes and stay out of prison. And worse he had someone else do the dirty work then took off to let him take the consequences. Little did I know that as I was paging my missing fifteen year old son, he was on his way to his execution.
I died that Monday morning when the crew of detectives came at 6 am to tell us that they had found our missing son. The look in their eyes said it all, but it was their job to deliver the news verbally. Their words were, "Hikers had found Nick’s duct taped, bullet riddled body in a shallow grave".
It was that moment that I shut down and went into denial. I stayed busy getting pictures of Nick and allowing them to search the house for something, anything to make sense of Nick's execution. I would start to cry and then stop myself. This wasn’t real, things like this happen to others.
The first six and a half years, after hearing of my son's murder I wanted to die, and almost succeeded several times. I would mix alcohol and pills to the point where I had to have my stomach pumped. Thirteen times, I ended up in the hospital because of suicide attempts and depression. I hung on solely because I wanted to make sure there would be justice for Nick. He deserved this, and so much more. It was the least I could do, but I didn't realize it would take so long.
For five years, while Jesse was one of Americas Most Wanted, I drove with Wanted poster billboards on my car. When I was not looking for Jesse Hollywood , I went to every trial and parole hearing for the other selfish cowards involved. I traveled as far as Canada. I believe that Hollywood may have taken the ferry that I was on in Canada shortly before me. I left thousands of Wanted posters and key chains everywhere I went, and it didn’t frighten me to think we might bump into each other one day. I knew I was not capable of committing murder for revenge as he had done. I also knew I would not lower myself to the embarrassing level of immaturity and callousness that his family had, such as when Hollywood's own mother stuck her tongue out at me, flipped me off and screamed profanities.
When I visit the site where Nick was killed, I lay in the make-shift grave where Nick's "Ruby" red blood drained from his beautiful body. I try to imagine the fear he must have felt in those final moments. His arms and face bound with duct tape, seeing a gun and a grave, he knew he was not going home…ever. Jesse James Hollywood should have been charged with two murders-mine as well as my son's.
My son, Nicholas Samuel Markowitz, would have been twenty-five on September 19, 2009. These past nine years have been filled with thoughts of who he'd be today. Would he be in the film industry, a psychiatrist, or still working with his dad? My heart still skips when I see a teenager with a backpack and grocery stores still have me wanting to cry over his favorite foods. I wonder of his size fourteen shoes and height of six-foot, would he ever have stopped growing? And it tears at my heart to wonder what he would have named his babies.
I am stuck in the past; but I allow myself to think of the future. The long drawn out court proceedings have somewhat been a blessing in disguise because it gave me a reason to stay alive-I felt I needed to stay alive long enough to see each of my son's kidnappers and killers brought to justice.
What it comes down to for me is that my son was murdered, for no good reason, because this man didn’t feel like dealing with any consequences. My son was tricked into thinking he was safe and would be going home. Instead, he was marched up a mountain and shot. Later, Hollywood was out partying with his friends as usual. As soon as my son’s body was found, Hollywood skipped the country. While I was in a mental hospital struggling to find a reason to live, this man was living it up on the beach in Rio.
I hang onto believing in this justice system of ours, that it can see the truth behind the eyes of what may appear to be another human being. Years of watching the defendants squirm made me feel I was in the right place. Watching Jesse Hollywood drink his "Smart Water" and eat an apricot as the juice drooled down his chin immediately after seeing a picture of my son’s skull with a bullet hole in it confirmed he is Americas Most despicable.
When it comes to justice, it should not enter into the equation of how much money you have, or the attorney you hire to make a wrong into a confusing right. The Consequences of our actions are sitting in our prison system, one in particular-Jesse Hollywood, bragging about the system using presidential caravans and all their expensive toys on him.
I am very thankful that the jury in this case was able to see through the nasty tactics meant to confuse them and allow Hollywood to get away with murder. It was not until this trial that I witnessed such heartless attacks and actions directed to the victim and his family.
I now ask for an appropriate sentence to put an end to this very long quest for justice. My son was stolen from all the people who loved him, and we are irreparably broken. But despite the terrible picture the defense team attempted to paint, we are together. We are grieving and we are aching, but we are all doing our best to honor Nick, and we love each other. I wish Nick could have known his nieces and nephews, and been the best man at his best friend’s wedding. I wish for things every day that will never come true because my son was stolen from me.
I hope it is not forgotten that this would never have happened were it not for the orders of Jesse James Hollywood.
Nine years later I still wake up every morning with a gut wrenching emptiness. But I must continue to be strong and share the story about MY STOLEN SON and encourage people to think of the Consequences before making a Choice.
Nick I promise you will never be forgotten~
Nick deserves justice and as the voice of my son I am asking the courts to sentence Jesse James Hollywood to the maximum extent of the law.
Nick’s Mom,
Susan Markowitz
5-5-2010
Aching4Nick@aol.com
Reprehensible conduct by Lynn : 2/6/2010
So Lynn engaged in reprehensible conduct that was not in the best interest of criminal justice, what a shock! He'll probably blame his co-counsel (who did all the actual work) or the lawyer who secured convictions on all the other defendants. Saying HE did not "argue inconsistent theories" does more than stretch the truth, it ignores it.
court watch
Bravo Ms. Markowitz and Judge Hill : 2/6/2010
I want to commend Judge Hill for doing a very difficult job very well. As Judge he was handed an emotional trial and was asked to shepherd this trial under tough circumstances. He did an exceptional job and I want to commend Judge Hill for all the hard work and effort he put into these proceedings. In a world where many judges are either incompetent or lazy it is nice to see there are judges like Hill who went the extra mile to see that fairness and justice was done. Good work your honor.
Bravo to Judge Hill!
Lynn did nothing wrong! : 2/6/2010
In all trials Hollywood was argued as the man who ordered the murder.They never changed the central theory of the case. As for accepting Pressley's testimony, as cases go forward cases evolve. It is not misconduct for the police and prosecutors as they prepared their case to find that Pressley was more credible than initially believed. I see no wrongdoing here. From day one to the very end the DA's office has consistently treated Hollywood in the same fashion.
Bravo to Judge Hill
: 2/6/2010
I hope Nicholas' mom can somehow, some way, find some quality of life for herself and find her life worth living. Please Ms. Markowitz, please find some healing, enough that your own life isn't tortured. I imagine if Nick could wish what the rest of your life would be like, he'd wish for you to have a reasonable quality of life. Please, please, I hope you find it.
Courage : 2/6/2010
I hope that Susan and Jeff and Ben and Leah can finally begin to heal. In the ten years of hearings their grief has been put on hold and closure has been suspended. I pray for peace, love and healing in their lives. Nick will never be forgotten
ljs
Why No VICTIM Statement : 2/6/2010
It is reprehensible that Judge Hill would not let Susan Markowitz read her eloquent, classy statement in court yesterday. We as a community and the TV viewers everywhere were robbed of the chance of hearing live and in person her harrowing story!! Especially the 13 suicide attempts and the several stomach pumpings. After all we've been through, it is abundantly clear that we as a community deserved this special treat. I hope this oversight does not negatively effect her upcoming book sales. If it does, perhaps she can somehow recover her damages by sueing Judge Hill and the Santa Barbara courts!! I'm appalled...
Santa Barbara Native
My heart goes out to Susan and her family! : 2/6/2010
but there are others out there as well who deserve justice as well. If we keep praising the law enforcement and the courts while they keep creating messes like this trial...I'm afraid all we'll create is more mourning mothers like yourself. This paper does nothing to serve the true justice system. They do not try to give us the facts. They've proved to us they're in it for the money! I'm keeping my sights on them!
Boycott Boy
THE LOSS OF A CHILD... : 2/7/2010
Susan...my heart is heavy with sadness for you and your family. I, too, lost a son (in a drowning accident) many, many years ago. The grief remains!! Here is something I want to share with you...hoping it will be helpful.
~The Loss of a Child~
The moment that I learned you had died,
My heart split in two,
One side filled with memories,
The other died with you.
I often lay awake at night,
When the world is fast asleep,
And take a walk down memory lane,
With tears upon my cheek.
Remembering you is easy,
I do it every day,
But missing you is a heartache,
That never goes away.
I hold you tightly within my heart,
And there you will remain,
Life goes on without you,
But it will never be the same.
For those who have children,
Treat them with tender care,
You never know the emptiness,
As when you turn and they're not there.
Don't tell me that you understand,
Don't tell me that you know,
Don't tell me that I will survive,
How I will surely grow.
Don't tell me this is just a test,
That I am truly blessed.
That I am chosen for the task,
Apart from all the rest.
Don't come at me with answers
That can only come from me,
Don't tell me how my grief will pass,
That I will soon be free.
Don't stand in pious judgment
Of the bonds I must untie,
Don't tell me how to grieve,
Don't tell me when to cry.
Accept me in my ups and downs,
I need someone to share,
Just hold my hand and let me cry,
And say, "My friend, I care."
Author unknown
"Char"....just another mom who misses her son!
jesse Hollywood : 2/8/2010
Thank you Judge Hill for finally putting an end to that wacko drama queen's 15 min's! Hopefully now she can go
back to Santa Clarita and leave our town alone!
tired of the drama
Tired of the Drama : 2/8/2010
I wish you many more hugs with your loved ones~
Nick's Mom
Hey, Daily Sound! : 2/8/2010
Where's your responsible side? Delete the hateful comments! These pages are becoming awful to read—a very negative, shocking, disgusting part of your paper. If that's the kind of paper you want, I'm through with it.
Disgusted
Nicks Mom : 2/9/2010
thanks for some inside scoops and best wishes to your fam bam
local
Hey, Daily Sound! : 2/10/2010
Please keep all of the comments! Negative and possitive. They're the only reason some of us view your site.
Throughly Entertained
^^^^^^ : 2/11/2010
agree 100%
B4QZ8
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