Its sheer bulk dictates that it move slowly.
Already nearly 4 years old, the massive prosecution resulted from the slayings of three adults and a child at a Lake View Terrace house where the proceeds from a $500,000-a-month rock cocaine business were allegedly counted. And the end is nowhere near.
Deputy Dist. Atty. Jan L. Maurizi, the lead prosecutor in the case, said the criminal trial of the 10 people charged with either the slayings or with taking part in a conspiracy to control the crack trade in the northeast San Fernando Valley could make U.S. legal history.
“I think there is every possibility that it will be the longest and most expensive trial ever,” Maurizi, who has been working full-time on the case for most of the last three years, said last week.
A trial date for the case has not been set. Court officials have not found a courtroom that will be available – and big enough – for a trial expected to last by some estimates as long as three years.
Bills for the taxpayer-paid attorneys representing both sides in the case run nearly $2,000 per hour when court is in session. The prosecution’s investigation has already cost at least $2million, by one defense attorney’s estimate.
And when a courtroom is chosen for the trial, there will undoubtedly be renovations. Bulletproof glass partitions will be added for security. Bleacher seats will likely be built to allow all of the attorneys and defendants a clear view of the witness stand. All of it will add to the cost of the case.
Once the logistics of where and when are set, the complexities will continue. The case may require more than one jury, and the selection process may take months. Each witness who takes the stand will be subject to cross-examination by 10 attorneys representing the different defendants. Since four defendants face a possible death penalty, a lengthy penalty phase could follow any convictions.
The landmark case for such lengthy and costly prosecutions was the McMartin Pre-School molestation case. The first of two Los Angeles trials in the McMartin case lasted 32months from the start of jury selection until the return of verdicts. The bill to taxpayers was estimated at $15million.
The murder and drug case is the result of a sweeping investigation of the so-called Bryant Organization, named for two Pacoima brothers who allegedly headed the group. The investigation began after the Aug. 28, 1988, shootings on Wheeler Avenue.
Also known on the streets as The Family, the organization had as many as 200 associates and had controlled much of the flow of cocaine to the northeast San Fernando Valley since 1982, according to the charges against the defendants.
Maurizi said the group also was extraordinarily violent in maintaining a grip on its territory. She blames the organization for 25 murders over the past 10 years.
Those killed in the 1988 shootings were Andre Louis Armstrong, 31; James Brown, 43; Lorretha English, 23, and her 2-year-old daughter, Chemise. Investigators said the killings occurred at a time when the Bryant group was fending off competition and demands for money from Armstrong, a former associate who had recently been released from prison.
According to authorities, Armstrong was set up to be killed when he was lured to a meeting at the organization’s “cash” house on Wheeler Avenue. Armstrong and Brown were shot to death as they entered the house. A gunman then ran out to their car and shot English and her daughter. The little girl was executed with a point-blank shot to the back of the head.
Within six weeks of the slayings, squads of officers with search warrants raided 26 houses where suspected members of the Bryant Organization lived or did business. Investigators said they recovered numerous records detailing the group’s drug business – which grossed at least $1.6million quarterly.
Evidence from the raids and the shooting scene and information from a key member of the organization who agreed to cooperate with authorities led to charges being filed against 12people believed to make up the top leadership and enforcement arms of the organization.
Among those charged is Stanley Bryant, now 34, the alleged leader of the group at the time because his older brother, Jeff, was in prison. Also among the defendants is Le Roy Wheeler, 23, a suspected hit man for The Family who authorities said ran to the car where English and her daughter were sitting and dispatched them with a shotgun and handgun.
Because it took three years to round up all 12 suspects, six separate preliminary hearings – some lasting months – and a grand jury session have been held during the past few years. It wasn’t until September that the last suspect was ordered to stand trial.
Earlier this month, two of the defendants pleaded guilty to drug and aiding and abetting charges, the first convictions in the case. One was put on probation after spending the last 18months in jail. The other has not yet been sentenced.
What remains to be decided on is a date for the trial – and a venue.
“We still haven’t found a home,” said Maurizi, explaining that a Los Angeles Superior Court judge who has been hearing pretrial motions in the case has been reassigned to civil matters, leaving the Bryant case without a courtroom.
With trial length estimates running from Maurizi’s conservative one year to as long as three years, courtrooms with clear dockets are difficult to find. Finding a courtroom large enough is also a problem. During pretrial hearings the defendants and attorneys have filled audience seats and jury boxes.
But that extra room won’t be there during the trial. Steve Flanagan, an attorney representing defendant Tannis Curry, said the case may require two or more juries because evidence against some defendants cannot be heard by jurors considering different charges against other defendants.
“I think at a minimum we are looking at two juries and possibly even more,” he said.
Maurizi said a courtroom may have to be renovated for the case. She also said all of the logistic problems may make it so unwieldy that the defendants will have to be tried separately – possibly in simultaneous trials.
However, the prosecutor said she opposes breaking up the defendants and hopes the case will find a home soon in one of six courtrooms used for “long cause” cases in downtown Los Angeles or the four courtrooms used for that purpose in Van Nuys. She believes that the trial may finally start by early fall – four years after the killings.
Attorneys involved said the trial is expected to be lengthy because of the complex conspiracy charges, which require a massive amount of documentary evidence as well as testimony. Also, having so many defendants automatically lengthens the process.
“With 10defendants there could be 10attorneys conducting cross-examinations of every witness,” Maurizi said.
“The more defendants you have, the length of trial increases geometrically, not arithmetically,” said Ralph Novotney, who represents defendant Donald Smith. “I think somebody even said this would last four years. I think one to two years is realistic.”
Flanagan said jury selection alone could take months. Between the prosecution and all of the defendants, there will be more than 200 challenges to jurors allowed, he added.
“I have no idea how long it will take,” Flanagan said of the trial. “As a general rule, a prosecutor’s estimate is conservative. If she says one year, I would at least double it.”
In addition to the defendants, the case has a massive attachment of attorneys and investigators. There are 17 defense attorneys – all court-appointed. Seven defendants have been granted two attorneys each because they face the death penalty or life in prison if convicted. Each defendant also has at least one court-appointed investigator.
On the prosecution side, Maurizi heads a team of four deputy district attorneys and four investigators, including Los Angeles Police Detective James Vojtecky, the lead investigator since the beginning of the case.