Grossman, Linton cases draw similarities




AFTERMATH— Grossman’s damaged Mercedes SUV. Courtesy photo

AFTERMATH— Grossman’s damaged Mercedes SUV. Courtesy photo

The case of a driver charged Monday with six counts of second-degree murder in the fiery Windsor Hills traffic collision in which victims were killed by a speeding driver could bolster the confidence of prosecutors who are also seeking murder charges in the Rebecca Grossman traffic case.

Nicole Linton, a 37-year-old registered nurse, was driving recklessly and traveling as fast as 90 mph when she plowed into an intersection at La Brea and Slauson avenues last week and created the carnage, Los Angeles County district attorney’s office said. Linton faces up to life in prison if convicted of the charges.

Rebecca Grossman, 59, also faces murder charges for running over and killing the Iskander brothers in a Westlake Village crosswalk on Sept. 29, 2020.

Both defendants were driving Mercedes Benz vehicles at a high rate of speed.

Grossman’s lawyers are fighting the murder rap.

To fend off the possibility of decades behind bars for the murder of the two boys, the Grossman team will have to convince a judge that a lesser charge of vehicular manslaughter more closely fits the crime.

Attorneys for the Hidden Hills resident filed motions last week to dismiss two counts of second-degree murder charges in the Westlake Village incident two years ago that cost the lives of Mark, 11, and Jacob, 8. The charges carry a combined maximum sentence of 30 years to life in state prison.

“This case is a tragedy for all involved,” Grossman’s attorneys Jonathan Schneller and John Hobson state in the motion to dismiss the charges. “Yet its tragic nature does not license the (prosecution) to redefine murder.”

The defense also wants excluded any evidence related to blood taken from Grossman on the September evening two years ago when she sped through a Triunfo Canyon Road crosswalk and hit the boys. Her attorneys feel her Fifth and 14th Amendment due process rights were violated.

She remains free on $2-million bail.

If Grossman wins on the murder charges, the chances of a plea deal and a much lighter sentence on the remaining counts—two of vehicular manslaughter and one of hit-and-run—go up, according to James Bozajian, a Calabasas City Council member and a former assistant district attorney with Los Angeles County who’s been following the case closely.

“The vehicular manslaughter charges carry a maximum combined penalty of 12 years in state prison at 85% time,” Bozajian said. “Moreover, if the defense is successful in knocking out the murder charges, Grossman is apt to get a much better pretrial offer from the prosecutor—definitely something less than the maximum, assuming an offer is made.”

L.A. County Deputy District Attorney Ryan Gould was successful at a preliminary hearing in May when he convinced a judge there was sufficient evidence to believe the defendant committed the crime as charged. Grossman was ordered to stand trial before Los Angeles County Superior Court Judge Joseph Brandolino.

But Grossman’s attorneys filed pretrial motions on Aug. 3 asserting, among other things, that while their client drove between 73 and 81 mph in a 45 zone, the collision was a “tragic accident” and certainly not a pretext to murder. They claim the prosecution failed to provide evidence that Grossman knew her conduct endangered life or that she acted with a “base antisocial” motive.

Linton, on the other hand, had a record of prior crashes and understood the dangers of reckless driving, prosecutors are saying.

“As with the Grossman matter, the murder charges against Linton are being pursued under the same general theory: implied malice, second-degree murders, premised upon vehicular collisions that involved a reckless disregard for life,” Bozajian said.

“The case against Linton is clearly more aggravated and should be easier to prove,” the former prosecutor said.

In reading last week’s Grossman motions, copies of which were obtained by The Acorn, Bozajian said the defense team is asking Brandolino to assess the sufficiency of the evidence presented at the preliminary hearing.

“The judge presiding over the motion will review the preliminary hearing transcript and decide whether there was probable cause to hold the defendant to answer on the charges challenged,” Bozajian said.

In Bozajian’s assessment, it’s not likely that the murder charges will be dismissed.

“While it is understandable that the defendant would rather not face the most serious counts against her, I believe a judge is highly likely to conclude that the evidence elicited at the preliminary hearing meets at least this lesser standard.”

In challenging the blood evidence, lawyers said the collection of samples violated Grossman’s constitutional rights.

Here, said Bozajian, the prosecution has to convince the judge that probable cause existed for the seizure of the blood sample.

“In reviewing the motion, it appears the defense is primarily challenging the version of the facts provided by law enforcement officers,” Bozajian said.

The defense motion states that a deputy at the scene made materially false statements and intentionally omitted facts favorable to Grossman in an affidavit seeking a warrant to seize blood samples.

“These omitted facts include that the defendant had fair coordination, she was cooperative (and) had a weak odor of alcohol.”

Here again, Bozajian said, the defense will have a difficult time making its case.

“The standard at this stage of the proceedings is probable or reasonable cause, which is, of course, much lower than the standard of beyond a reasonable doubt,” he said.

Although Grossman’s murder charges are being contested, Linton’s prosecution is on solid ground due to the overwhelming evidence against her, Bozajian said. “The case against Linton will be very, very strong,” he said.

John Loesing contributed to this story.