JUDICIAL PROCESS STATUS REPORT
Posted March 10, 2002
Okay everyone. It's that time...We are writing to let you know more detailed information about the trial - at least as much info as we know right now - in the hopes that some of you will be able to come and provide us with welcome support. One day, many days - as much you can be there will be greatly appreciated. And if you cannot make it, due to work or other circumstances, please know that we absolutely understand that this is a difficult thing to attend - both emotionally and schedule-wise. So for those of you that would like to come, here is the information for Monday morning:
We are meeting on the 13th Floor, Dept. 100 of the Los Angeles Criminal Courts Building at 8:15AM. The address is 210 West Temple St. in Downtown Los Angeles. (Southeast corner of Broadway and Temple). We won't be at this location for an extended period of time as we will shortly be assigned to a courtroom. If you miss us there, then you need to inquire as to where the trial against Araceli Pena has been assigned. The District Attorney handling the case is Dave Brougham.
If you would like to carpool, we will be leaving from Karen's apartment at approximately 7:20AM and have a minivan so we can accomodate a few extras. Otherwise, you should park in a lot that is located off of Cesar E. Chavez, between Broadway and Hill. It is $4 per day and only a few blocks from the Courthouse.
If you have any questions, please don't hesitate to call or email. After we are assigned a courtroom on Monday, we will post in the evening with more information for anyone who wishes to attend later in the week. We want to thank everyone for all their support so far - it's friends like you who make this all a little easier to get through.
Posted February 20, 2002
The hearing scheduled for February 14, 2002 was held and the start date of the trial was confirmed for MONDAY, MARCH 11, 2002. However, the lawyer for the female defendant requested a hearing be called for February 21, 2002, to again review the trial start date. On February 19, 2002, the lawyer for the female defendant removed the hearing from the calendar. The next hearing (as was previously scheduled) is March 7, 2002, at which time the case is transferred to the Master Court and the trial begins with the jury selection on Monday, March 11, 2002. After the hearing on March 7, 2002, we will post the exact location and other specifics for those of you who are able to and wish to attend. We fervently hope there will be no further delays!
Posted February 8, 2002
The trial start and the beginning of jury selection is now planned for Monday, March 11, 2002
. This trial is for the female defendant. The male will be tried in a separate trial hopefully in April. The change of trial date from February 25th was requested by the DA and supported by Karen, Beth and Gene as the main detective had a conflict with his schedule and would not have been available for the trial unless postponed. There will be a hearing on February 14th to confirm this date. Please contact us if you are able to attend any of the trial. We all appreciate your thoughts and your support during this very difficult time.
Posted 1-7-02
January 7, 2002: The new District Attorney met with the Public Defender for the female defendant on January 2nd. The PD was advised that there was no plea bargaining available on the case. The PD agreed to set a trial and so a hearing was held on January 3rd and the court date was set for Monday, February 25th. We expect that date to hold but one never is completely sure in the court system. Since the last postponement was such an usual one, we are hopeful that there will be no further delays. The trial for the male defendant is not likely until early April. The PD for him has the right to wait 30 days for transcripts after the first trial. The trial is expected to take 1 ½ to 2 weeks. We welcome and appreciate anyone who can be there to support Wendy’s memory for whatever time you may have available. We have also been told that anyone can come and go from the courtroom during the trial. I am sure that will be helpful to all of us.
Since a hearing was held on January 3rd, there is no hearing on January 16th. We will still fly to LA and then drive up to San Francisco to see Karen carry the Olympic Torch in Wendy’s memory. This will be a wonderful tribute to both of our daughters. We welcome anyone who can to join us in San Francisco on January 18th at 7 PM. The exact location, plans, schedule will be available on the updates and on Karen’s page.
Posted 12-14-01
We met with the new DA (extremely impressive and experienced)
and our current DA on Monday, December 10th in LA and reviewed the status of the
case. They remain committed and convinced that the outcome will be the
punishment the state is seeking - Life Without Parole for both defendants.
Of course, from a personal standpoint, we as a family will not relax until we
hear the sentence pronounced! There will be a hearing on the 16th of January
which we will attend. That is right before Karen carries the Olympic Torch in
Wendy's memory in the San Francisco Bay area. The earliest trial date
(currently) is the 18th of February. This postponement has placed
considerable strain on us as it is difficult enough to prepare for something
like this -- and now we have to do it again! The justice system does not serve
victims well at all. However, we do not want any guilty verdict to have any
chance of appeal so we understand why the judge granted the public
defender's unsettling reason to postpone. Please keep in mind that the one thing
we can do when the trial does commence is to have as many of Wendy's family and
friends present in the gallery of the courtroom during the trial to show how
loved Wendy is and how her presence is missed. If any who read this find
themselves available in the LA area on any of the days that the trial will be
on, please do not hesitate to contact us if you can come to the courtroom. We
certainly understand that this is a difficult place to be and understand anyone
not being able to attend. If anyone wants more details than can be posted here,
please do not hesitate to contact our family.
Posted 12-06-01
On Wednesday, December 5th , the trial was postponed because the public defender for the female defendant pleaded "negligence" on her (the public defender's) part for not having called experts to review the case. Our DA argued but the judge ruled for the postponement. This is probably due to concern about having any reasons for an appeal after the verdict. It is most unusual for a lawyer to lay blame on themselves and appears to be part of a strategy to delay the trial. Our DA is expecting a baby the end of January so this places us in a position to have a new DA. The DA's office has been extremely supportive of our plight and has assigned an extremely experienced DA to handle both the female and the male defendant's trial. Our current DA (whom we have great respect for) is very pleased with the new DA selected.
Karen returned to LA on Monday in anticipation of the trial and we had plans to fly out this weekend. We have decided to continue on with the trip to LA and the DA's have set up a meeting with us on Monday afternoon to review everything. After our meeting with them, the three of us will then try to figure out what our revised plans for the month of December will be.
The next court hearing is the January 16th. Since that is with a couple of days when Karen is an Olympic Torchbearer (we found out this evening that her essay on how Wendy inspired her is one of 6000 selected from 210,000 essays submitted), we will go to LA and be present at that hearing. We will probably post a message after our meeting on Monday, December 10.
Posted 11-30-01
We have been notified that the trial will begin between December
4th and the 10th with the most likely scenario of jury selection beginning on
December 10th at 21 West Temple Street in the Criminal Courts Building. This is
the
trial for the female defendant. The motion has been made to sever the two
trials so the man's trial will follow in 2002. We will be in LA staying with
Karen. Her number is unlisted but anyone who wants to reach us probably knows
the number or can obtain it by calling someone in Dallas or LA or call Beth's
pager 1-888-891-7049. We appreciate any support you can
give our family as we sit through this very painful process. We have been
advised that a strong support group present in the courtroom is extremely
helpful. When we know the exact courtroom, we will post that information here
so anyone will be able to show up even if you do not make contact with us prior
to court. We also understand this is a very difficult time of the
year for people and a very difficult experience to share with us.
Posted 10-08-01
We apologize for not updating this section prior to today. The
special circumstances committee (committee of senior DA's in LA who determine
the penalty that the State will seek) reviewed the case and decided on Life
Without Parole instead of the Death Penalty. Karen, Gene and Beth requested a
meeting with the committee to understand their reasoning. That meeting was held
on September 24th. The decision of penalty is based on several categories --
all of which revolve around the defendants and their particular circumstances.
It is most difficult to comprehend why there is not a category that revolves
around the victim! Hopefully, the laws of the
State of California will never be changed and the defendants will be found
guilty and remain incarcerated for the remainder of their natural lives.
During the various pretrial hearings that have been held (which
we do not attend) the two public defenders for the defendants and the DA
representing Wendy, calendars have been reviewed and motions discussed. There
is another pretrial hearing this week. At this time, the female defendant's
trial is tentatively set for early December. Hopefully, after this week, the
date of the male defendant's trial will be set.
The most important thing we can do at those trials is to have the gallery filled
with as many supporters as possible. As we approach the trials, we will keep
this part of the site updated as ANY dates are changed, decisions made or any
pertinent information.
Posted 5-07-01
The preliminary hearing was held on Friday, May 4th and continued to Monday, May 7th. We have now completed the hearing and the defendants are held to answer in Superior Court later this month on ALL charges. Arraignment is scheduled for May 21. The public defender for the woman defendant tried to get one case dismissed but was unsuccessful. The witnesses did very well. The hearing was extremely difficult for us as expected. However, several friends were present on Friday to support us along with representatives from Occidental College. One of the Oxy professors was also present today. We now understand the chain of events of that evening which included 4 robberies - all within 40 minutes. There was one before Wendy's and two after. The defendants were apprehended in the commission of the fourth event. Two police officers actually observed the fourth incident and apprehended the defendants. We now await the decision of the District Attorney's office on the penalty they will seek in this case.
Posted 4-28-01
In a hearing held in Los Angeles County Criminal Court on February 28, 2001, Assistant District Attorney Gretchen Ford agreed with the defense attorneys and the judge to hold the preliminary hearing on May 4, 2001. Subsequent to then, the District Attorney will determine whether or not to seek the death penalty for each defendant. The alternative penalty for conviction of murder during a robbery in California is life without possibility of parole.
At the preliminary hearing the assistant DA will present testimony and a summary of the case against Araceli Gonzalez Pena, 19, and Demetrio Cabrera, 31.
Hearing date and location: Friday, May 4, 2001 8:00 AM
210 West Temple, Los Angeles
Criminal Courts Building, Department 43 on the 3rd Floor
Friends and interested people from the community are encouraged to attend the preliminary hearing to support Wendy's family. Please let us know ahead of time if you are planning to be there.