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Prosecution In Uwaydah Case Files For Another Continuance. They Might Be Resisting Taking The Stand. Or Maybe Not...
By Lonce Lamonte - November 25, 2018

Dayan Mathai, the lead prosecutor in this Criminal Organization Munir Uwaydah workers’ compensation fraud and abuse case, wrote the day before Thanksgiving that he filed a motion for another continuance on Monday, November 19th.  

That suggests it’s probable the judge will comply and grant the continuance tomorrow, November 26th, in Department 106 on the 9th floor of Clara Shortridge Foltz Criminal Justice Center in downtown L.A.   Judge Larry Fidler looks pointed in that direction because after having an in-camera meeting with the prosecution team and the relevant members of the defense on November 5th, he said he had to review the new discovery produced by the prosecution all himself, wanted time to do so, and ruled there was just cause to allow the prosecution a continuance until November 26th

The defense has expressed they will again argue against it.  But it doesn’t seem from Fidler’s prior ruling that he will object to a short further continuance.   However, if the prosecution keeps asking for more time he might lower the boom and say no.

The prosecution came up with more discovery.  What is it?  Why do they want more time with it?  Don’t know. The prosecution is also about to be called to the witness stand. Why do they keep pushing that off and kicking the can down the road?  Are they afraid to take the stand?  Why put off the inevitable?

If the prosecution just takes the stand and gets it over with, then they can call their own witnesses.  Their key witness is Marisa Schermbeck Nelson.  She is the witness who knows the entire inside structure of the Uwaydah criminal organization.  She’s the key witness we’re all waiting for.   She most likely will end the boredom.

The prosecution’s lead investigator, Sergeant Tim McCrillis, had his last day on the witness stand on September 26th.   He had been on the stand for four months!  

On September 20th, defense attorney Benjamin Gluck could be observed before the opening of proceedings having a lively conversation with Tim McCrillis.  Benjamin was all jovial and chatty as McCrillis smiled. 

Gluck had ripped into McCrillis days earlier about having a Loeb & Loeb law firm document in his search warrant.  McCrillis had testified to not having used any attorney-client privileged documents in his warrants, and then Gluck pounced on him with the Loeb & Loeb document.  Gluck asserted it was privileged and was found within the pages of a warrant. 

McCrillis on the stand admitted he was surprised to see that document as an exhibit as he didn’t remember using it.   Now Benjamin Gluck’s admonishing and attacking tone had changed and was all fun and good humor as they conversed off the record. 

The final two days of Tim McCrillis on the stand were repetitious, boring as hell, the same old rant about whether and when he knew about attorney-client privileged material in Location 13, in the other locations, and whether he was signing documents to indicate he was in contact with boxes.   The expression “attorney-client privilege” had become a worn out saw, so much so that the phrase had become mind-numbing. 

The lawyer from the California Attorney General’s office, Steven Matthews, objected numerous times with his often-used phrase, “Objection. Asked and answered.”  Matthews has been the one lawyer to jump in with objections to questions getting repeated over and over.  He has a good memory and is quick to remember every question that has already been put to the witness. 

Judge Larry Fidler:  We’ve gone over this.  Let’s move this forward.

Defense attorney Gabriella Rivera, an associate of Benjamin Gluck with the Bird Marella firm, asked many questions of Tim McCrillis also. She added beauty to the court room with her petite figure, dark shoulder-length hair, and dark tailored suit.  

Gabriela Rivera:  Did you review the items in the privileged evidence boxes?

Tim McCrillis:  No.

Gabriella Rivera:  Do you recall how you selected these items to check out?

Tim McCrillis:  No, I don’t.

Tim wore a blue suit with a white shirt and an old-fashioned maroon and blue-patterned traditional tie.  Sergeant McCrillis is exquisitely old-fashioned, has short brown hair, and sports simple thin-rimmed glasses.  He wouldn’t get a tattoo if his life depended on it.

On September 26th, Dayan Mathai got to question Tim McCrillis again and then the questioning came back once again to Benjamin Gluck.  Gluck went on and on, ad nauseum.  He went over the same stuff and then Attorney General deputy supervisor Steven Matthews reliably piped up again.

Steven Matthews:  Objection.  Asked and answered.  This hearing has gone on for four months.  Now this is an examination of an examination.

Defendant Kelly Soo Park, from her usual spot in the second row center, wearing a light beige shawl with black and copper stripes, watched the examination of Sergeant McCrillis.

Benjamin Gluck:  You wrote it down because you thought it had significance, and then you didn’t use it.

Tim McCrillis:  Yes.

Benjamin Gluck:  Do you define that as using the document or not using the document? 

Tim McCrillis:  Not using the document.  Seen it, noting it, in my mind does not constitute using it.

Benjamin Gluck:  Once again, all of your answers are to the best of your recollection?

Tim McCrillis:  Yes.

Benjamin Gluck:  There are documents you have forgotten about?

Tim McCrills:  Yes.

Finally the questions stopped.  Four months of grilling Sergeant McCrillis had ended.  What was seemingly an endless interrogation had now really ended. 

Benjamin Gluck:  Sergeant McCrillis, what are you going to do now?   Go to Disneyland? 

Tim McCrillis and Benjamin Gluck shook hands.  Defense attorney for defendant Tony Folgar, Jeffrey Isaacs, said good-bye to McCrillis and wished him well.  All the other lawyers in their respective ways expressed a fond good-bye. 

Sergeant McCrillis left the court room.

This case will be further reported.

lonce@adjustercom.com; Lonce Lamonte, journalist

 

 
 

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