McCourt Attorney May Not Get Requested Appearance by Beating Suspects

By BILL HETHERMAN
City News Service

LOS ANGELES - An attempt by attorneys for Frank McCourt to bring into court the two men who allegedly beat Bryan Stow nearly to death at Dodger Stadium will likely be denied, the judge in the case said today.

Today's tentative ruling by Los Angeles Superior Court Judge Abraham Khan means that Rialto residents Louie Sanchez, 32, and Marvin Norwood, 33, will likely not be seen in person by jurors during the trial of Stow's lawsuit against McCourt, which is scheduled for trial Jan. 28.

Khan said that both men asserted during their Fifth Amendment rights and refused to testify during their depositions. The judge said there was no reason to believe they would do anything different during the trial.

"If they elect not to appear and proffer testimony ... that's certainly their right to do," Khan said.

Deputy Public Defender Bryan Smith, who represents Sanchez, was present in court today. He confirmed to the judge that his client would continue to refuse to testify on grounds his statements could incriminate him.

Khan said both men could continue to assert their Fifth Amendment rights through their appeals if they are convicted during trial of the criminal case against them, which is set for March.

Stow sued May 2011. The defendants in the case have been pared to McCourt and three of his former team entities.

Among the claims are assault, battery, negligence in the level of security at the stadium, premises liability, negligent hiring and both intentional and negligent infliction of emotional distress.

Stow, now 44 and a resident of the Santa Cruz area, suffered brain damage in the March 31, 2011, attack that occurred as the San Francisco Giants fan and his companions were in the Dodger Stadium parking lot after the Opening Day game. Both Sanchez and Norwood are accused of repeatedly kicking him in the head.

Attorney Daniel Martens, on behalf of McCourt, said that Sanchez and Norwood should be brought to court because they are parties in the case by virtue of their clients' cross-complaint against them.

Martens said he expects witnesses to point at Sanchez and say, "That's the guy who struck Bryan Stow, not Frank McCourt, not the Dodgers, not the director of security."

Martens said defense attorneys will argue that Norwood and Sanchez should incur "the lion's share if not 100 percent" liability for Stow's injuries and that the jury should be able to observe them in court even if they refuse to testify.

Christopher Harmon, another McCourt attorney, said that during their 2012 preliminary hearing witnesses had trouble identifying Norwood and Sanchez based solely on their photos.

Lawyer David Lira, on behalf of Stow, said the defense was "showboating" by trying to have Norwood and Sanchez brought to court knowing they would be dressed in jail uniforms and have to be watched by extra security. He said the verdict form will give the option to jurors to apportion liability between the two men and McCourt.

Lira said after the hearing that Stow will be introduced to prospective jurors and also will be present during opening statements. However, Stow -- who remains in constant pain, is wheelchair-bound and has the cognitive wherewithal of an adolescent child -- will not testify because of his condition, Lira said.

-- City News Service