“whatever” it took to prevent him from testifying against their mother. Gabe took his brother’s remark as a threat and obtained a restraining order against Eli. According to Gabe, Eli held “a lot of resentment” toward both his parents and acted out a lot, both at home and in school.
Susan then turned to the family’s time in Piedmont and Gabriel’s difficulties while in middle school, where he admitted to being involved in fights and being suspended for “drugs.” Responding to Susan’s insinuations, Gabe blamed the constant arguing at home for his behavior, for his acting up in school, and for the hard time he had making friends during childhood.
“Parents in the neighborhood were scared of you,” he said. “Scared of our family, generally.” Gabe went on to name one parent who refused to let her child play with him and his brothers because of concerns about Susan’s mental state—or as Gabe put it “you and your delusions.”
His sharp remarks did not appear to faze Susan, who plowed ahead, at one point displaying photographs of family trips to Disneyland and Gabe as a child playing with a friend and the family dogs, Max and Mitsie, in an attempt to elicit fond memories of their times together.
“Didn’t you say ‘even if she is delusional, we love her because she’s fun?’” Susan asked, holding up the “Best Mom” plaque that her three sons awarded her in 1997.
“Yeah, we loved you. This [the plaque] was Dad’s idea by the way,” he shot back. Susan wept when Gabe said he couldn’t confirm her claims that his dad punched her in the face, dragged her up the stairs by her hair, and told her that he would never give her a divorce.
“He threw water in your face one time,” the teen acknowledged.
“One time?” Susan fired back.
Gabe admitted that his father may have picked up and thrown small items around the house during arguments with Susan but said that he never threw anything directly at her.
Continuing, Susan asked Gabe about his strained relationship with Eli, tearing up as the questions came out of her mouth.
“Do you recall telling your brother Eli that he was your best friend?”
“Yes,” Gabe replied in a monotone.
“Do you remember when you went to school wearing his oversized clothes and shoes?” Susan asked, referring to Gabe’s time in elementary school. “Do you miss your brother?”
There was silence in the courtroom as Gabriel contemplated his answer. “Yes, I do miss him,” the teen replied, straightening himself in the chair. “I still have affection for Eli, Dad, and you…. I do have good memories. I do love you. But there’s terrible memories with the good memories.”
“You still have affection for your brother?” Susan posed. “Then why did you sue him?”
“I didn’t sue Eli, I sued you.”
“Didn’t you and your brother settle a wrongful death suit with me for $300,000?” Susan said, referring to the civil action that Gabe and Adam filed after her arrest.
Gabe was visibly upset when his mother brought up the suit in court, insisting that he wasn’t allowed to talk about it because of a confidentiality agreement that both parties had signed. “You know that,” he snapped at his mother.
“Couldn’t you have just left him off?” Susan asked, referring to Eli.
Gabe told his mother that he was not a lawyer, but it was his understanding that he and Adam had sued her, and that since Eli took her side, he had to be named in the suit.
“These things are obviously very important to you but they don’t seem to add or subtract from your case,” Judge Brady told Susan.
“I hope you don’t think I’m picking on you,” Susan told Gabriel before court adjourned that night. “You are aware that I loved all three of my sons the same?”
“Yes, I know,” he acknowledged. “You appreciate Eli a lot more now because he buys into your delusions and we don’t.”
On Tuesday, jurors arrived for a third day of cross-examination. Instead, they learned that Susan had asked for another delay.
“I’m sick and I think I’m getting bronchitis,” she sniffled.
The judge arranged to have her seen by a doctor; Brady also let Susan know that she was anxious to keep the proceedings moving along and hoped to resume court after lunch.
When Susan returned that afternoon, she reported that she had been prescribed antibiotics for her condition. She then requested an adjournment until the following Monday to get some “much needed rest.” “I was up half the night coughing,” she told the judge. “This is a murder trial and I want to be at my best.”
Judge Brady was sympathetic to Susan’s infirmity—she, too, was nursing a sore throat, but denied her request for what she deemed an “unreasonable” delay and ordered all parties back to court on Thursday, March 16. This adjournment was further evidence of the judge’s extraordinary patience. Brady rarely lost her cool even as Susan accused her of conspiring with the prosecutor or showing bias against the defense in front of jurors.
At times, Brady’s interchanges with Susan were akin to a kindergarten teacher scolding a young student, soothing the child until she calmed down. When it became clear that Susan could not be reigned in, Brady would order a “time out,” punishing Susan with fifteen minutes in a holding cell to regain her composure. Remarkably, Susan continued to push even as the judge reprimanded her. “Well, then I’m taking papers with me to read!” she told Brady after being ordered to the holding cell one afternoon.
“No,” the judge shot back. There was no reading during a time out.
It seemed that Susan had mastered the art of knowing just how far to push before landing in serious trouble, and she continued to press throughout the trial. Sometimes the judge’s latitude went too far as Brady allowed Susan to disrupt the flow of testimony and antagonize the prosecution. The end result was a highly irregular relationship between the bench and the attorneys, but in this case of many bizarre relationships, no one seemed particularly surprised.
On Thursday, jurors learned of yet another delay. An alternate juror had called in sick and, of course, there were more objections from the defendant. This time, Susan was upset that the leg shackles she was being forced to wear were causing runs in her pantyhose. Next, Susan objected to the prosecutor’s request to interrupt her cross-examination of Gabe so that he could put Adam on the stand. Adam had been waiting in the wings to testify for the prosecution since the trial had begun and was on the State’s list to take the stand after Gabe. But Adam was growing increasingly concerned that all the delays would prevent him from returning to UCLA in time for final exams and a scheduled trip to South Africa with his girlfriend.
Susan argued that it was unfair to disrupt her case merely to accommodate her son’s vacation plans. Besides, she felt that Gabriel’s testimony was too important to interrupt.
“You would think that the defendant might have some consideration for her child,” the prosecutor said.
“I object,” Susan shot back. “That’s an outrageous comment.”
“We will start fresh on Monday and hopefully move along,” the judge ruled, choosing to postpone the trial another day rather than replace the sick juror with an alternate. Already, one juror had been excused from the case and with the trial expected to last another two months, she did not want to risk losing another. This postponement would be the fourth delay since the trial began one week earlier.
Susan took two final shots at the prosecutor before the court adjourned Thursday. Out of earshot of jurors, she accused the D.A.’s office of “coaching” her two sons to slander both her and Eli on the stand. She also accused Sequeira of prosecutorial misconduct, charging that he deliberately tried to provoke a mistrial with his supposed underhanded strategies.
“I’d rather have needles shoved in my eye than have a mistrial,” Sequeira shot back.
“I would be very careful about making such accusations without any proof,” Judge Brady admonished Susan.
Court reconvened on Monday, March 20, with Susan continuing to question Gabriel about his childhood. “I don’t remember, I was five,” the teen responded to one question. “I was just a little kid,” he replied to another.
“I think we’re having a forest-for-the-trees problem,” Judge Brady told Susan at one point during her examination. “A lot of time is being spent on minutiae about events that are extremely important to you—again, I’m not telling you how to try your case, but my concern is that [the jury’s] attention will be lost for the important
