Prosecutor irked by delays in Hollywood sentencing

By ERIC LINDBERG — Dec. 19, 2009

Before again pushing back the date of a possible sentencing hearing for convicted murderer Jesse James Hollywood yesterday, a Superior Court judge warned defense attorneys about delaying the case further without good cause.

James Blatt, an attorney for Hollywood, has made repeated attempts to gain juror information in hopes of uncovering possible improprieties during the deliberation process.

However, prosecutor Joshua Lynn, recently named interim district attorney, argued that the court has denied those efforts on prior occasions and called Blatt’s latest attempt to get juror identifications little more than a stalling tactic.

“Nick Markowitz would be well into his 20s at this point,” he said, referring to the victim in the murder trial who was killed in 2000 at age 15. Lynn added later, “I just don’t think it’s fair for the Markowitz family, after a decade, to have to keep coming up from Los Angeles to hear the same issues litigated and relitigated and relitigated.”

Judge Brian Hill noted there is no explicit timeframe for the process of hearing a motion for a new trial — a standard practice for the defense prior to sentencing.

However, the judge did acknowledge Lynn’s concern about further delays and noted it took only four months to hear a motion for a new trial in a separate first-degree murder case he researched.

“We certainly are on the outside parameters of what would be considered reasonable,” Hill said.

Hollywood was convicted of first-degree murder and kidnapping in July, nearly nine years after Markowitz was found shot to death and partly buried in the hills above Santa Barbara.

Blatt has expressed concern about potential misdeeds during the jury’s deliberations and cited interviews with three jurors that revealed what he termed “troubling” information. He alleged that the jury didn’t consider whether Hollywood had an intention to kill when kidnapping Markowitz.

“That discussion did not take place,” Blatt said, calling it a breach of the jury’s responsibilities.

Hill ordered the defense attorney to include any juror statements and potential evidence of juror misconduct in his motion for a new trial, adding that the court will address any legal issues once that motion is filed.

“I’m going to give you one last continuance for that motion for a new trial,” the judge told Blatt, adding later, “At some point, the process has to end.”

Blatt indicated he plans to bring in several jury members to testify and will possibly continue to seek additional information about the identities of other jurors, prompting Lynn to complain that the defense had already attempted to obtain that information from the court and failed.

Hill said he didn’t see the need to bring in any jurors to testify at this point, but added that he didn’t want to rule out the possibility.

“I think it’s a rather steep hill for the defense to climb, but I’m not going to preclude them from attempting to climb it,” he said.

The judge scheduled a hearing for February 5 and asked Blatt to file his motion for a new trial by January 22 to give Lynn enough time to review it and respond. If that motion is denied in February, Hill said he plans to proceed with sentencing.

Hollywood, dressed in a suit and sitting quietly next to his attorney, had little visible reaction as the discussion took place and only gave an authoritative, “Yes, sir,” when asked by Hill if he agreed to waive his right to be sentenced in a timely manner through the end of February.

Prosecutors sought the death penalty against Hollywood, but the jury weighed that punishment and ultimately settled on a recommended sentence of life in prison without parole.

The jury found Hollywood guilty of orchestrating the kidnapping and execution of Markowitz, apparently in retaliation for a feud with the victim’s older brother over a drug debt.

Hollywood’s friends held Markowitz in Santa Barbara for several days before taking him to a popular hiking area off West Camino Cielo, where he was shot and killed. Hollywood’s childhood friend, Ryan Hoyt, was convicted of pulling the trigger, but prosecutors alleged Hollywood masterminded the killing from afar.

Hollywood fled following the murder, eventually making his way to Brazil before authorities caught up with him in 2005. While testifying during the trial, he maintained his innocence and said his friends committed the murder without his knowledge.

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Seven Months for a misdemeanor... : 12/19/2009

and I'm still waiting for my day in court, right Josh...i guess a few years for a murder trial isn't that bad! For the District Attorney to pretend they're not using the same tactics when it serves their purpose is ridiculous, right Josh! I sure would like to see all these people start acting a little more honestly! Honesty doesn't win elections around here, solidarity does...

Boycott Boy

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the above article : 12/19/2009

It's really crummy you guys gav e Mr. Hollywood life in prison for something he had nothing to do with. He was 85 miles away when the murder happened. Here's what I think: I think you should give him credit for time served and let him walk out of that jail a free man. He didn't kill anyone. You need to get over this desire for revenge you have against him. Think about it. He was only 20 at the time. He's had to grow up inh the Santa Barbara County Jail. Yuck.

Susan E. Epp, Grover Beach, Ca.

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To Ms. Epp : 12/20/2009

If not for Mr. Hollywood, Josh Markowitz would be alive today. and to paraphrase you, "he [Josh] was a teenager at the time'. He did not have the chance to grow up anywhere, jail or no jail.
Osama bin Laden was thousands of miles away from NYC on 9/11/01. Does that make him any less culpable for THAT crime?

check your sympathies

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is she serious? : 12/20/2009

Good thing Ms. Epp isn't a DA or judge and let's hope never a juror. What a short-sided comment Ms. Epp

Not Ms. Epp

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I think : 12/21/2009

Life in prison for BoyCott Boy!!

nuff said

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Agree with Epp : 12/21/2009

Prisons are overcrowed. If someone did not even commit the crime of murder itself, then don't convict. I agree that he could be a shot caller.. but some laws must change!

Smart

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Guilty of Murder 2 Different Ways! : 12/21/2009

JJH was convicted of simple kidnapping. The jury determined that Nick Markowitz died during that kidnapping, making JJH guilty of murder. Pretty simple. The jury also convicted JJH of solicitation of murder as they believed he hired Hoyt to kill Markowitz. Twice Cooked Hollywood.

G&G

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: 12/21/2009

Sorry Ms. Epp. Under the law, if you perpetrate a crime that ultimately leads to someone's murder, you are criminally liable for the murder. And your comment as "Smart" was thinly veiled.

sbdude

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Judge Hill's reasonable doubt : 12/31/2009

I think Judge Hill has lingering questions about the trial and that is why the sentencing has been delayed. And Lynn's point about unfairness towards the Markowitz family and their trips "up from Los Angeles" is completely irrelevant to the system of justice and totally insensitive towards the defendant's family. If Lynn feels good about the conviction, then he should let Blatt make his motions.

Ryan in LA

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Jason : 1/2/2010

He's lucky he got life. He knew he was screwed either way. Should got the death penalty with his homeboy Ryan.

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: 1/2/2010

I mean JJH kidnapped Markowitz and ordered Ryan to kill him. To me it's not fair JJH got life in prison. Ryan got the death penalty for 1st degree murder. JJH did kidnap/1st murder and he get life without parole. I hope Rugge walks free. And Susan, u r stupid. U think Hollywood should walk free. No he deserves life in prison. Yeah he was 20, but he knew what he did.

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