Probably, but not officially, the murder trial of former National Guardsman Scott Ansman will open on, but possibly about, the anniversary of the Lincoln Assassination.
Nothing is certain in the Ansman case, but a starting date is drawing closer.
On Tuesday, April 14, historians will mark the 144th anniversary of the killing of President Lincoln in Ford’s Theatre by John Wilkes Booth. To some cynical observers at the Airport Courthouse, it seems to have taken almost that long to bring the accused soldier to trial in the bludgeoning death of JoAnn Crystal Harris.
The pregnant woman described as the married Mr. Ansman’s girlfriend was found dead inside the Culver City National Guard Armory on Friday afternoon, Aug. 24, 2007.
For months, the prosecutor and public defender have been rawly tangling in the court of Judge James R. Dabney over the defense’s version of DNA evidence — not the contents but, rather, when the Ansman side will receive its rendering of the results back from the lab.
Due back a fortnight ago, on March 18, it never arrived, sparking a notable rhubarb. Prosecutor Joe Markus and defense counsel Nan Whitfield engaged in a spirited shouting match that morning that soon enough included Judge Dabney.
The lady and two gentleme turned down the volume and turned up the class — at least in public — when they reported to the courtroom a little before 10:30 this morning.
If there was any shouting at each other, it was conducted behind closed doors following a by-now familiar ritual.
For the last year and a half, Mr. Markus has been the first attorney to report to the courtroom.
Since Ms. Whitfield took over Mr. Ansman’s defense last autumn when he was unable to reimburse a conventional lawyer, the call “Where is Ms. Whitfield?” has been sounded numerous times, by Mr. Markus, by Judge Dabney and by assorted courtroom personalities.
It happened again this morning.
Standing Room Only
The judge was in a hurry to track her down because he was starting a trial within minutes. He dialed the courtroom where she last was seen. He was told she had gone. Someone else called her cell phone, but Ms. Whitfield’s answer machine picked up.
Not long afterward, Ms. Whitfield entered. After a detour, she moved toward the far side of the courtroom where it is the established habit of the tall and imposing-looking Mr. Markus to stake out space.
Unlike all other lawyers, the deputy district attorney stands the entire time. He may never have taken a seat during the 19 months he has been on the case.
By contrast, Ms. Whitfield is more doll-like, in size, but not, say her colleagues, in temperament, which they characterize as fiery.
To watch the two of them shmooze at Mr. Markus’s station, no one would have guessed they are strongly experienced at clashing with each other. Contrary to their last courtroom appearance, they weren’t even animated this morning.
Bad News
It was at this moment Ms. Whitfield informed Mr. Markus she still had not received the long, long awaited DNA evidence from the Armory crime scene.
Mr. Markus’s face wrinkled, but only a little, because he half expected the news.
When they finished, they asked to see Judge Dabney privately, in his chambers, to avoid another open court hollering match. They agreed on a likely starting date for the trial of Mr. Ansman who has been in custody since the day of the brutal murder.
Eleven minutes later, the three of them emerged, poker-faced, from the rehearsal, as if no voices had been raised.
After Ms. Whitfield disclosed, in open court, her lack of DNA evidence, she said she really expected it to arrive by this afternoon.
Mr. Markus said an April 13 or April 14 starting trial date would be fine with him.
Latest Precaution
Just in case Ms. Whitfield’s DNA evidence is mistakenly UPS’d to the G-20 conference in London, the principals agreed to reconvene, same time, same courtroom, on Monday morning to confirm.
Nothing is in cement, except possibly the DNA evidence.
The trial “probably” will start on Monday the 13th or Tuesday the 14th.
Then again, it may not, depending on the DNA evidence.
Further, it is not clear whether Judge Dabney, who is away next week, will preside over the trial, a verdict that hinges on several unsettled moving parts.
They are not even sure who will be standing in for Judge Dabney on Monday morning, much less any date thereafter.
