Jesse James Hollywood - Court Rulings and Trial

Court Rulings and Trial

In 2006, the movie Alpha Dog, based on Jesse Hollywood and the kidnap and murder of Nicholas Markowitz, premiered. During filming, Santa Barbara County Deputy District Attorney Ronald J. Zonen provided copies of many documents on the case and served as an unpaid consultant to the film, citing his desire to have Hollywood captured. Zonen prosecuted Hollywood’s co-defendants and was poised to prosecute Hollywood. James Blatt, Hollywood's defense attorney, claimed there was a conflict of interest, and the California Court of Appeal for the Second District ruled on October 5, 2006 that, based on Zonen's disclosure of the files and consultant service—he should be recused from further involvement in prosecuting Hollywood. On December 20, 2006, the California Supreme Court granted review on the case effectively staying the order to recuse Zonen. On May 12, 2008, the California Supreme Court ruled that Zonen should not be recused. Nonetheless, Zonen was replaced with Joshua Lynn, who is serving as lead prosecution attorney. While in jail Hollywood began signing his mail as "Alpha Dog" and had mentioned an "Alpha Dog World Tour."

After the Court review, in June 2008 his trial date was set to begin February 19, 2009, but it was delayed. Three months later the murder trial officially started Friday May 15 with the defense's opening statements saying Hollywood was not involved with the murder. In his opening statement, Santa Barbara County Deputy Dist. Atty. Joshua Lynn described Hollywood as "a ruthless coward." On Monday May 18 witnesses called to the stand were Jeff Markowitz (the victim's father), Pauline Mahoney (who was driving with her sons when she saw a group of men attacking Markowitz), and Brian Affonti (a one time friend of Hollywood's who was picked up after the kidnapping). Affonti told the jury that he knew about Hollywood's gun, a TEC-9, which is the alleged murder weapon. Chas Salsbury, Hollywood's getaway driver, testified at trial that following the murder "Hollywood seemed remorseful, depressed, and at some points even suicidal." Saulsbury continued on the fifth day with Kelly Carpenter discussing the actions of Rugge and Pressley’s mother. The following day had testimony from Rugge childhood friend, Richard Hoeflinger, who spoke about what he witnessed. Subsequently, several Santa Barbarans told the jury about events leading to Nick Markowitz’s murder.

At the start of the second week Michelle Lasher, Hollywood's former girlfriend, testified that she still loved Hollywood while being emotional and was hostile to prosecution. Lasher also admitted on the witness stand to lying to police because she didn't want him to be caught. The Hollywood family friend, attorney Stephen Hogg, told the jury about "a tense conversation in the attorney's Simi Valley backyard" where he told Jesse James "that kidnapping can carry a life sentence." Graham Pressley's testimony about the events followed Hogg's appearance. Pressley testified Rugge "told me that Jesse Hollywood offered him $2,000 to kill Nick, but that that was crazy, was crazy." Pressley's testimony, important for the prosecution, continued Friday and early into the third week. Then Ben Markowitz was on the stand. Then Casey Sheehan quoted Hollywood as saying that as he and his longtime friend, Hollywood, dined at an Outback Steakhouse the suspect told to his friend “the situation” had been taken care of. In the following days, various medical experts and law enforcement officials testified then the prosecution rested their case on Wednesday of the third week.

Hollywood's defense began on the Monday of the third week. Hollywood took the stand on the first day of the defense denying any role in the murder and said he was angry when Hoyt told him about the murder at a birthday party. Hollywood recounted the kidnapping, the events that led up to it, and discussed his life on the run. Hollywood's testimony lasted four days with the prosecution cross-examining Hollywood about making threats, closing bank accounts, withdrawing money, and selling his home. Much of Hollywood's responses were denials about previous witness testimony. The last witness the defense called was District Attorney investigator Paul Kimes, questioned by co-counsel Alex Kessel about phone records. Closing arguments began on Tuesday and Wednesday of the fourth week, and the case went to the jury. During closing statements, the defense said Hollywood's associates lied while the prosecution called Hollywood "a child killer." The jury considered three different charges with penalties ranging from 8 years in prison to the death penalty.