"Killercop "had" the right to subpoena witnesses; he
"had" the right to cross-examine. Those are the general contours
of what this kind of hearing "use to" entail." ~Judge Matz
On The Record:
Matz: "I'll consider it, after you tell me what it is that you are
so upset about.
So go ahead and tell me."
Killercop: Well, you're putting me in kind of
an untenable position here, Your Honor. You want me to
expose how I'm going to impeach his lies in front of him?
Is that what you are asking me to do?
JUDGE HOWARD MATZ: No, I'm not.
Killercop:: Well, that's what it sounds like.
“Trial Court’s failure to conduct adequate inquiry into defendant’s timely raised claim that his attorney had conflict of interest constituted violation of Sixth Amendment right to counsel and defendant did not have burden of showing actual prejudice.”
JUDGE HOWARD MATZ: Look, Killercop, this is a lot --
Killercop: As long as he made a material
misstatement of fact to this court --
JUDGE HOWARD MATZ: Tell me what it was.
Killercop: -- you totally relied upon that
and then made a ruling based on that.
JUDGE HOWARD MATZ: What was the misstatement of fact?
Killercop: He said that I refused to assist
him up until our August -- excuse me -- September 26.
That's the first lie. The second lie was: I refused to
give him the name of any files, exactly any files to help
him with any discovery. That's the second miss -- second
fact that he lied about. Those two statements I can refute
and prove they were lies.
[MISDIRECTION AND DISINFORMATION]
JUDGE HOWARD MATZ: You don't want Mr. Reed to be your
KILLERCOP: He's not my lawyer, He's your counsel. I
stressed that very closely in the letter to you
and I cited U.S. v Mills. He's not my agent. He's
JUDGE HOWARD MATZ: Okay. Well, I think that's sufficient basis to
stop right here. I don't think there is any need
for Mr. Reed to respond. And the extent to which you and he
had a difference of opinion as to whether and, if so, to
what extent you've cooperated before, I relieved him in
large measure as a result of your refusal to communicate, with him.
KILLERCOP: That's exactly what I'm talking about.
Exactly. You removed him because he said that I refused to
assist him at all, on October 26. That's a lie I'd like a chance to refute that.
JUDGE HOWARD MATZ: Okay. Mr. -- we're not going to go
through that hearing again, Killercop.
I made findings
that based upon your own characterization of what any lawyer
who was your lawyer could do and and would not be permitted
to do and would not meet with your approval and whose
efforts on your behalf you would reject, I relieved him
of his duties. That ends it. That's my ruling. We are not
going into it any further. You have the basis on the record
to appeal me if you like, depending on what happens at the
Okay. There is no issue as to -- and no relevance
anymore and I don't think there is any basis for an issue as
to the accuracy of Mr. Reed's statements.
Mr. Reed enjoys a
well-deserved reputation as an honorable, diligent and
careful lawyer, and I'm not going to subject him or other
lawyers of that nature to fishing expeditions that are no
longer material or relevant to any of your rights in the
trial. That's my ruling. I'm not going to hear any
arguments about it.
Okay. I think we're adjourned.
I don't think there is anything that you need to report to the
KILLERCOP: Your Honor, I --
JUDGE HOWARD MATZ: -- I will issue --
KILLERCOP: -- can I leave my subpoenas here?
JUDGE HOWARD MATZ: You can give your subpoenas to
-- - - Mr. Reed. I will issue --
KILLERCOP: I don't trust him with -- I don't
even trust him with a piece of paper of mine. You
JUDGE HOWARD MATZ: We will not serve your subpoenas.
KILLERCOP: I'm not asking you to serve my
subpoenas. I'm just telling you I'm not giving this man a
shred of paper. He's already stolen my paper from that day
on the hearing.
JUDGE HOWARD MATZ: Killercop, I want you to understand something
real simple. If they are third parties who you want to be
subpoenaed, the one and only way that that will happen is
not through me and not through my clerk. We are not process
servers for anybody. You will give those
subpoenas to Mr. Reed --
KILLERCOP: I will not give those subpoenas to
Mr. Reed. He stole my copy and --
JUDGE HOWARD MATZ: -- and he will give them to them to
KILLERCOP: You refused to give me any kind of
evidentiary hearing to investigate his material -- material
misstatements to this court upon which you relied to make a
ruling against me
JUDGE HOWARD MATZ: Okay. Killercop, by your choice...
KILLERCOP: No, he's not my choice. He's your
choice of agent. You said our relationship has become
JUDGE HOWARD MATZ: -- and I'm not going to permit that.
And I'm telling you if you want to get subpoenas served, there is one and only one way and I'm not going to repeat
it. If you don't choose to give them to Mr. Reed, they
won't be served.
KILLERCOP : Okay.
JUDGE HOWARD MATZ: All right. We're adjourned.
TRIAL DAY 1
KILLERCOP:" I have never seen this letter."
MR. REED: "He acknowledged that he saw the letter
when we met him, Your Honor."
JUDGE HOWARD MATZ: "Don't volunteer information until I call
upon you, please, Mr. Reed. The objection is overruled.
The letter is lodged because I think we need to have
a complete record as to this last-minute issue about
subpoenas. So please hand the letter to the courtroom
JUDGE HOWARD MATZ: "I have sorted these [subpoena's] into various categories. There
are a few that are directed to federal agencies: One to the
FBI field office, one to Special Agent James Laverick, one to
someone named Sue Hermitage at the Social Security Administration, one to Debra Yang, [my good friend] the U.S. Attorney."
JUDGE HOWARD MATZ: "But before the jury is brought out, there is one other
things that I'll be dealing with. Killercop, whether you
understand it or not, there are a lot of elements that you have
to satisfy, and I'm going to give you an opportunity, quickly,
to try to do so, orally, to require that these subpoenas be served.
I think I should start by saying that if it was your understanding
that the only appropriate person and only authorized person and
the only acceptable person to serve them was the U.S. Marshal,
that was a fundamentally erroneous conclusion.
I never said that you were unauthorized to require that the
investigator, Mr. Cruz, that Mr. Reed offered to make
available to you, would not be appropriate or could not
effectively serve these subpoenas. You choose not to allow him
to do so.
I authorized you, because it was your right as an indigent
defendant, to have the marshal do it, but I didn't limit service
to just the marshal. "
HE "LIMITED IT" TO DAVID REED AND TO DAVID REED, ONLY. ASK HIS CLERK. STEPHEN, HE WAS THERE.
JUDGE HOWARD MATZ: -- and I'm not going to permit that. And I'm telling you if you want to get subpoenas served, there is one and only one way and I'm not going to repeat it. If you don't choose to give them to Mr. Reed, they won't be served.
"And you were aware that, under the "Criminal"
Justice Act, your rights to have process served could be
effectuated through appointed investigators and counsel.
What I have done is grouped these subpoenas, all of
which -- those that have a date that you wrote in, you wrote
the date in as October 20th. You have been in the presence of
the marshal since then more than once. And according to the
information -- and I want it to be filed under seal -- that was
handed to me yesterday -- let me give the document to the clerk
for filing .
Those should be filed, but filed under seal. And I'm
handing them to the clerk so that later today she can arrange
for that. Now, there seems to be something like five or six
subpoenas directed to law enforcement agencies. One is
directed to someone named Victor J. Pietrantoni of the L.A.P.D.
It appears to seek documents relating to killercop.com, all
documents related to you that this individual worked on, and the names of persons that he had spoken with about those two
He didn't limit service...?
REALLY? LET'S GO BACK IN TIME AND SEE, AS IN A LONG TIME AGO...
KILLERCOP: I'd like this to be entered now. It
is -- excuse me. It consists of one letter dated November 3,
2003, regarding David R. Reed, included within it is an
attachment, an October 22nd letter, two pages long, and a
letter titled "David Reed dated 09, colon, 29, colon, 2003.
JUDGE HOWARD MATZ: Okay. Those will be filed.
KILLERCOP: I would also like the record to I
reflect that after the Court went into his chambers, I
attempted to follow the Court's instruction regarding I
subpoenas, and I turned to the marshal to my left and I attempted to hand him a subpoena for Jeffrey Raymond Cugno, who
was in the courtroom at the time.
I instructed the marshal to assist me in serving that
subpoena on Mr. Cugno, and the marshal refused.
marshal then -- I think his name is Mr. Martin -- spoke with
your clerk at the time. Mr. Martin came back to me and told me
that the clerk had informed him that I was to go through
I informed him that I am my own counsel. And I
requested he again assist me. He refused. I turned around to
see Ms. Duarte and Agent Cugno laughing.
I was then removed
from the courtroom after that.
I would move -- excuse me, Your Honor. I would move
at this time for an ex parte hearing regarding subpoenas I need
assistance with which need to be issued out of state.
That will be all, Your Honor. Thank you.
JUDGE HOWARD MATZ: Okay. The request for a [due process] hearing is
denied. Your rights and "opportunities" to effectuate service
were set forth a long time ago.