Mariangela Pino: Hortense Krieger

Quotes 

• A.D.A. Tommy Mullaney : Mr. Dorsett, on or around March 10, 1994, did you have a conversation with the defendant John Rosten regarding the copper pipe?

  Hortense Krieger : Objection. Calls for hearsay.

  A.D.A. Tommy Mullaney : Admission against interest.

  Judge Arthur Bryson : Overrule. The witness will answer.

  Albert Dorsett : I told John that Myatt brothers were planning on stealing a load of copper pipe from Stroh Snider's building supply. I also told him that if he held it in his yard until a buyer was found, could make himself 500 bucks.

  A.D.A. Tommy Mullaney : What was his response?

  Albert Dorsett : Said it was OK.

  A.D.A. Tommy Mullaney : Did you actually see the pipe after it was stolen in Mr. Rosten's possession?

  Albert Dorsett : Yes, I did. I saw it in his garage.

  A.D.A. Tommy Mullaney : I have no further questions.

• Hortense Krieger : Mr. Dorsett, when you asked Mr. Rosten to hold on to the copper piping, you made no mention of the fact that it was stolen, isn't that true?

  Albert Dorsett : Uh, no, that's not true.

  Hortense Krieger : Do you have any reason to lie here today, sir?

  Albert Dorsett : No.

  Hortense Krieger : Isn't it true that at the time of your arrest, you offered to testify against Mr. Rosten and the Myatt brothers in return for leniency?

  Albert Dorsett : I offered to tell the truth.

  Hortense Krieger : What, if anything, did the district attorney's office offer you in exchange for testifying?

  Albert Dorsett : They would charge me with a misdemeanor.

  Hortense Krieger : Are you familiar with California's three-strikes law?

  A.D.A. Tommy Mullaney : Objection. Sidebar, Your Honor.

  Judge Arthur Bryson : Approach.

  [A.D.A. Tommy Mullaney and Hortense Krieger approached the sidebar of Judge Arthur Bryson] 

  A.D.A. Tommy Mullaney : Your Honor, the three-strikes law is irrelevant. We all know that the jury is not supposed to consider punishment when deciding guilt or innocence. Ms. Krieger is only making reference to get sympathy for her client.

  Hortense Krieger : Your Honor, this law is entirely relevant. It goes to impeach Mr. Mullaney's star witness, who was facing his third strike when he cut his deal with the DA.

  Judge Arthur Bryson : That true?

  A.D.A. Tommy Mullaney : Yes.

  Judge Arthur Bryson : It goes to the credibility of the witness. The objection is overruled. Stand back.

• Hortense Krieger : Mr. Dorsett, at the time of your arrest, you had two felony convictions, one for burglary and one for armed robbery, correct?

  Albert Dorsett : Yeah, that's correct.

  Hortense Krieger : Are you aware of the fact that had you been charged with a third felony, you'd be facing a mandatory sentence of 25 to life?

  Albert Dorsett : Yes.

  Hortense Krieger : Would it be fair to say then that you were extremely anxious to reduce your charge to a misdemeanor and willing to turn on people that you'd known most of your life?

  Albert Dorsett : Oh, like they wouldn't do it to me?

  John Rosten : I wouldn't do it to you, Albert.

  Judge Arthur Bryson : That's enough, Mr. Rosten.

  Hortense Krieger : What sentence did you receive as a result of your deal?

  Albert Dorsett : I got 3 years probation.

  Hortense Krieger : I have nothing further.

  Judge Arthur Bryson : Witness may step down.

  [Albert Dorsett is finished and steps down] 

  Judge Arthur Bryson : This court is adjourned for lunch until 2:00 PM.

  [Mr. Mullaney looks at the time to leave. Pull over by John Rosten] 

  John Rosten : Mr. Mullaney, would you please give me 5 minutes in the room so I can explain to you how this all happened?

  A.D.A. Tommy Mullaney : Ms. Krieger, would you please advise your client that this constitutes an inappropriate communication?

  John Rosten : [But John begs]  I just want to see who I am. I'm not the type of person you should be doing this to.

  Hortense Krieger : All right, come on, John.

  Bailiff : Sir.

  John Rosten : Mr. Mullaney, please, 5 minutes. That's all I ask.

  [But the court officer instructed John Rosten to do so. An officer takes the defendant back into custody and now leaves. Mr. Mullaney and Ms. Krieger are going take a break for lunch] 

• Hortense Krieger : Mr. Rosten, how did you come to have $6,000 worth of stolen copper pipe in your garage?

  John Rosten : He said he bought the pipe for a plumbing job and needed some place the story.

  Hortense Krieger : Is it your testimony that he made no mention of the fact that the pipe was stolen?

  John Rosten : Yes.

  Hortense Krieger : Following your arrest, did you sign this confession stating that you did have knowledge that the pipe was stolen?

  John Rosten : Yes.

  Hortense Krieger : Why did you sign it if it wasn't true?

  John Rosten : Because the cops told me they had me dead to rights, but that they could go easy on me if I was cooperative.

  Hortense Krieger : Have you ever been convicted of a felony before this?

  A.D.A. Tommy Mullaney : Sidebar, Your Honor.

  Judge Arthur Bryson : Approach.

  [A.D.A. Tommy Mullaney and Hortense Krieger approached the sidebar of Judge Bryson] 

  A.D.A. Tommy Mullaney : Counsel's China's slip into these face and strike three, Your Honor. I believe that to be both irrelevant and prejudicial.

  Hortense Krieger : The fact that he was facing his third strike, meant that he is only chance of winning fee was having to reduce to a misdemeanor. That's what the cops promised him. That's what they liked him about.

  A.D.A. Tommy Mullaney : I've been advised it that no promises were made.

  Judge Arthur Bryson : Counsel, whether or not your client was misled. There's no evidence that the confession was coerced. As such I find testimony as to these so-called three strikes law or the type of sentence Mr. Rosten is likely to receive a found guilty to be prejudicial rather than probative. You to make no mention either one. Stand back.

• Hortense Krieger : Mr. Rosten, how long has it been since you were convicted of a crime?

  John Rosten : More than 15 years.

  Hortense Krieger : You gainfully employed?

  John Rosten : Yes. I've been working at a hardware store for the past 12 years.

  Hortense Krieger : Do you permitted to operate the register, handle cash?

  John Rosten : Yes.

  Hortense Krieger : You ever been accuse of stealing anything while you're working there?

  A.D.A. Tommy Mullaney : Objection.

  Judge Arthur Bryson : Sustained.

  Hortense Krieger : Okay. I have nothing further.

• A.D.A. Tommy Mullaney : According to police records, you and Albert Dorsett were arrested for burglary together back in 1975?

  Hortense Krieger : Objection, half-bad answer inadmissible. I moved for an immediate mistrial.

  A.D.A. Tommy Mullaney : Defense counsel brought up his record on direction from the door.

  Judge Arthur Bryson : So she did. The objections overruled.

  A.D.A. Tommy Mullaney : Is your testimony that knowing Mr. Dorsett's history, you had no suspicion, no in clinking at all that the copper pipe he was asking you to look after was stolen?

  John Rosten : I didn't think about it.

  A.D.A. Tommy Mullaney : Were you lying when you confessed to the police?

  John Rosten : Yes, they told me I was the only way they could knock it down to a misdemeanor.

  A.D.A. Tommy Mullaney : Wouldn't you agree that you have a far greater incentive to lie today than you did on the day you were arrested?

  John Rosten : I don't deserve to get life imprisonment over this, sir!

  A.D.A. Tommy Mullaney : Move to strike.

  John Rosten : I got 2 children!

  Judge Arthur Bryson : Mr. Rosten.

  John Rosten : A girl who's 7 and a boy who's 9!

  Judge Arthur Bryson : Mr. Rosten, that's enough. The jury's instructed to disregard the defendant's outburst. Mr. Mullaney?

  A.D.A. Tommy Mullaney : No more questions.

  [A.D.A. Mullaney is done] 

• Hortense Krieger : In a reasonable person, look at the prosecution's evidence and not has doubts as to Mr. Rosten's guilt. I think a reasonable person could have strong doubts, Mr. Rosten was in custody for 5 hours before he confessed. He was scared. And the police we're telling him over and over again, that he was as good as convicted, and that it was to his advantage to confess, and he believed them. The only other evidence comes from a man with two violent felony convictions, who under the three strikes law is looking at a possible life sentence if convicted. A man who would do or say anything to get out of that. Thanks to the DA, that man is a free man. While the defendant, a man who has led an exemplary life for more than 15 years, a man who also has two felony convictions, but stop being a criminal long ago is sitting here facing life imprisonment.

  A.D.A. Tommy Mullaney : Objection, move to strike.

  Judge Arthur Bryson : Objection is sustained. Defense Counsel's last remark is stricken. The jury instructed to disregard. Ms. Krieger, you are treading dangerously close to a mistrial.

  [Ms. Krieger will be careful and continue the closing. Ms. Krieger comforts John Rosten] 

  Hortense Krieger : John Rosten says he did not know the pipe was stolen. I ask you as reasonable men and women to give him the benefit of the doubt.

  A.D.A. Tommy Mullaney : All I ask is that you look at the facts. $6,000 of stolen pipe was found in Mr. Rosten's yard. By Mr. Rosten's own testimony, the man who last in the store the pipe Albert Dorsett had been his partner in crime, Mr. Rosten knew Dorsett was a thief, not a plumber. He knew the pipe was stolen, he admitted so himself.

  [Mr. Mullaney look up the writing in paper] 

  A.D.A. Tommy Mullaney : In writing. Now that's something innocent people don't usually do, and despite Ms. Krieger's suggestion, there's no evidence of any kind that Mr. Rosten's confession was coerced. As jurors, your job is not to consider what penalty lies ahead for Mr. Rosten if he's convicted. My job is to present you with those facts which I believe prove John Rosten's guilt. Your job is to examine those facts and make a decision. I'm confident that having done so, you will find John Rosten guilty.

• [the bailiff handing the verdict to Judge Arthur Bryson. A.D.A. Tommy Mullaney sits quietly. The defendant rise with Ms. Krieger. The bailiff returns the verdict back to the jury and reached it] 

  Judge Arthur Bryson : Has the jury reached the verdict?

  Jury Foreman : We have, Your Honor. In the matter of the People vs. John Rosten on the charge of receiving stolen property, we the jury find the defendant guilty.

  Hortense Krieger : Your Honor, we ask that Mr. Rosten be released on bail pending sentencing.

  Judge Arthur Bryson : I don't believe that will be necessary, Counsel. I'm ready to pronounce sentence now.

  [Judge Bryson is going to address the court. How long has he been a Judge?] 

  Judge Arthur Bryson : I've been a judge for 17 years now. I can honestly say that I've never love a job half so well. And all the time I have been on the bench, I judged each case based on its merits and I impose sentences after considering the severity of the crime and the character of the individual who's responsible. I considered both, and I considered them carefully. But a new law has come into being. And now I'm instructed not to consider anything. My mandate is to mete out punishment based on categories. Upon conviction of a third felony, the defendant is sentenced to life imprisonment, no ifs, ands, or buts, no consideration. Well, folks, I'm not gonna to do that. I realize that as a result, in all probability, sanctions will be imposed on me. I suspect that come next election, I'll be off the ballot and off the bench. But as much as I love being here, I could honestly say none of that matters to me. What matters to me is that as a sitting justice, I do that which I think is just. It's not a matter of being heroic. It's not a matter of being noble. Mostly, it just lets me sleep better at night.

  [Judge Bryson addressing to Mr. Rosten] 

  Judge Arthur Bryson : Mr. Rosten, despite the fact that the crime for which you have been found guilty as your third felony, you are sentenced to one-year probation.

  [John Rosten gives thanks and hugged his lawyer Hortense Krieger] 

  Judge Arthur Bryson : The jury is dismissed with the thanks of the Court. We are adjourned.

  [Judge Arthur Bryson bids farewell as an outgoing judge. A.D.A. Tommy Mullaney hears a goodbye from Judge Arthur Bryson]