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| | Judge Suspends Verdict Of Not-Guilty Of First Degree Murder For Kelly Soo Park. Says, 'I'm taking no verdicts at this time.'
By Lonce LaMon - June 3, 2013
The Honorable Kathleen Kennedy refused to acknowledge a Not Guilty Of First Degree Murder Verdict from the jury in her downtown Los Angeles courtroom for accused murderer Kelly Soo Park today at just after 3:30 this afternoon. Ms. Park is accused of the March 15th 2008 murder of aspiring actress and model Juliana Redding. The jury foreman wrote a note on the verdict form stating that some of the jurors did not follow the court’s instructions. Then Judge Kennedy questioned him by saying, “I’m not sure what you mean about jurors not following the court’s instructions.”
Then she asked if some jurors decided, “I’m going to vote the way I want regardless of the court’s instructions,” and the foreman immediately replied with an unequivocal “yes”.
“It is a requirement,” Judge Kennedy said, “that all jurors follow the court’s instructions and not disregard them.”
The seemingly endless wait for the jury to come to a verdict went on in the same manner as the last few days until George Buehler and Mark Kassabian walked in at around 3:00 pm. Then everyone knew something was up. Buehler sat down in the empty second bench near the entrance door and Kelly Soo Park joined him. They talked while Mark Kassabian sat on a chair in the back with the journalists.
Less than fifteen minutes later three buzzes were suddenly heard. Many people jumped and cried out, mostly in the Redding family row. There were gasps. The bailiff cried out, “Quiet in the courtroom!” He seemed even angry. He repeated very sternly, “You have to be quiet in the courtroom!”
Everyone who was outside the courtroom now filed back in. Tom Chronister, Kelly Soo’s husband, returned. He sat first by his mother, then he moved to the row just in front where Kelly Soo moved to be next to her mother, Irene. I could see Kelly’s profile. She whispered into Tom’s ear. Her long dark hair was casually parted on the right side and brushed over to the left softly.
Somebody’s cell phone down the bench near the film camera went off in a loud old-style ring. The bailiff naturally went off about it. The judge spoke out, “Is there anybody else who has to turn their cell phone off?”
On the third bench there is Tom Chronister, Kelly Soo Park, Kelly’s mother, Irene, who has put on her shawl, Aunt Valle, the uncle, a dark skinned woman with a long dark brown pony tail, then Mark (the friend of Ronnie Case who has an engine parts business).
The bench trial of a homeless man who was stabbed by a mentally ill transient on skid row is still going on. But nobody in the audience seats can even pay attention. Everybody is there for Juliana Redding and Kelly Soo Park and not for the unfortunate homeless man named Ben.
Kim Park is leaning forward with her hand on Kelly’s shoulder. This writer is about six to seven feet from the defendant. Kim has her maroon leather jacket back on again as she sits by Tom’s mother in the very back row near the end while she leans forward with her hand on Kelly’s right shoulder. Kelly Soo’s eyes are red.
Buehler and Kassabian take their seats at the defense end of the table. Karen Thompson, the lead detective from the City of Santa Monica, is wearing a mustard green suit and is sitting with the prosecutor, Stacy Okun-Wiese, who’s in a black suit on the right end of the table.
The judge says, “Ms. Park, please come up and take a seat next to your lawyers.” Kelly walks up and sits between Buehler and Kassabian. Now Tom’s mother, Tom, and Irene are at the aisle end of the third row. In the second row, is the Redding family with their friends. There are Greg and Patricia Redding, Juliana Redding’s parents; Patrick Redding, Juliana’s brother; friends Sarah, Kelly Duncan; the golden haired lady and the blonde who look like Patricia’s mother and sister. And then there’s the stunning waitress with the beautiful figure from Primitivo Wine Bistro, Cher Brooks, who spent the night with Juliana the night before she was murdered.
Kelly Soo turns around and smiles at Tom. Tom smiles back. The cameras are ready. The judge is reading a paper. She says to the court room, “I want to caution you whenever the verdicts are read, contain your responses. You need to contain your responses.”
The jury comes out. This is intense. The foreperson is identified. Judge Kennedy opens the paper. She reads it. She sits there with her robe open exposing her nice lavender and black dress with her large-bead necklace. She says, “You have reached a verdict on the greater charge, but are unable to reach a verdict on the lesser included charge.”
It didn’t sink in to many at first, including this writer. But then it became clear. The jury had decided Not Guilty Of First Degree Murder, but they were not able to reach a verdict on the lesser included charge of Second Degree Murder.
The judge seriously addressed the foreman and asked, “You feel there are jurors who are not following the court’s instructions?” And the foreman did not prevaricate but clearly indicated yes.
George Buehler put his left arm around Kelly. The judge gave further instructions to the jury and sent them back to the deliberating room. She instructs them to answer her when they are ready. Kelly is on the verge of tears. She returns to sit in the gallery seats in the back row and Tom’s mother gets out a handkerchief, then puts it back in her purse. Kelly Soo is slightly crying. She holds a multi-colored hankie in her right hand. She dabs her eyes.
The jury all agrees on the greater charge, but cannot all agree on the lesser charge…
Kelly leaves the court room for a short time and then comes back in. She’s crying and dabs her eyes. She sits back down at the defense table between Buehler and Kassabian. Josh Herman, Kelly’s bail bondsman, is in the foyer looking through the window and Kim Park is beckoning for him to come in. The nice woman deputy who found this writer’s notebook indicates that Josh does not want to enter the courtroom.
The jury now wants more Clarifications of First Degree Murder and Second Degree Murder. They want a Clarification of Page 10.
The judge then says, “It doesn’t appear the jury has reached a verdict in light of the questions they have asked.”
George Buehler starts to get wound up and aggressive and he asks the judge for the verdict form. She tells him, “I’m taking no verdicts at this time.”
Then she says, as if speaking to the jury, “I am in receipt of your note where you are asking for an enhanced definition of First Degree Murder—the difference between First Degree and Second Degree murder. It does not appear to me that the jury has reached a verdict. We are not going to do this now, but tomorrow. I’m going to ask you to return tomorrow.
“I’ll tell you what my inclination is: Allow a limited period of time to the jury—for the difference between First Degree murder and 2nd Degree murder. To allow each side 10 minutes to address these issues.”
George Buehler asks, “Will the court give me the jury forms?”
Kathleen Kennedy bluntly replies, “No.”
George Buehler gets noticeably mad, and tells the judge, “That’s clearly inappropriate. I object very strongly.”
But the judge tells him again there’s that comment that is on the verdict form. There were two jurors who were not following the court’s instructions.
George Buehler insists, “I want that one.”
Judge Kathleen Kennedy replies, “This one you’re not getting.”
George Buehler, Kelly Soo Park's attorney, looks pretty perky and like he has a spring in his step as he leaves court on Monday, June 3rd. He feels he won a verdict of Not Guilty Of First Degree Murder for his client. Copyright © Lonce LaMon. All rights reserved.
Court then adjourned, and outside the court room a gaggle of reporters were asking George Buehler questions. He responded to some reporter’s question by saying: “If it was guilty in the First we wouldn’t be having this discussion.” Another reporter asked “Could that (the statement from the foreman that some jurors did not follow the court’s instructions) invalidate the verdict?” George Buehler replied, “No. I don’t think so.”
Buehler went on about Judge Kathleen Kennedy, “She refused to take the verdict on the 1st Degree Murder charge and I feel that’s inappropriate.”
Another question from a reporter came as, “Do you feel she’s pushing the jury to come back with a 1st degree murder charge?”
George replied, “Yes, that’s what it feels like to me. That’s very coercive to the jurors.
“If they have no guilty on First, then they have to go to Second. What the judge is saying is, ‘I won’t accept what you’ve said on First Degree.’ And I want to take the verdict of not guilty on First Degree. She won’t even take the one they’ve found.”
Buehler expressed that a judge should not take such charge in the manner The Honorable Kathleen Kennedy did today. He said a judge could send a jury back with a question such as is there a “reasonable chance you could break your deadlock?” but nothing more overpowering than that. He said further, “The jury is supposed to be in charge of the process, not a judge.”
Someone at the end stepped up and asked Buehler what his argument was. He replied, “Our argument is that she wasn’t there.”
Court resumes tomorrow, June 4th at 8:30 am.
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