LA County judge denies Rebecca Grossman's request for new murder trial

A Los Angeles County judge denied Rebecca Grossman's request for a new trial Monday months after the socialite was convicted of killing two young brothers in a Westlake Village crash.

Grossman, 60, made the request after hiring a new defense attorney following her conviction in February, when a Van Nuys jury found her guilty of two counts of second-degree murder for the Sept. 29, 2020 crash that killed Mark Iskander, 11, and Jacob Iskander, 8. She was also convicted of two counts of vehicular manslaughter with gross negligence and one count of hit-and-run driving. 

She faces up to 34 years in prison and will be sentenced June 10.

The victims' mother, Nancy Iskander, said last month that the possibility of another murder trial would be unthinkable.

"I can't even think of that possibility. It would absolutely crush me," she said.

Her sons were in a marked crosswalk when Grossman sped through the intersection of Triunfo Canyon Road and Saddle Mountain Drive and struck them. Prosecutors say she left the scene and was forced to stop about a quarter mile away when her vehicle's engine stopped running.

 A detective testified during the trial that a sobriety test revealed she was legally drunk with a blood-alcohol content level of .08%

Grossman's SUV had heavy front end damage after the crash and some evidence on the vehicle matched with debris found at the crash site, Los Angeles County Deputy District Attorney Ryan Gould told jurors during closing arguments. 

But defense attorneys for the former Hidden Hills philanthropist said she was innocent and alleged her boyfriend at the time, ex-Dodgers pitcher Scott Erickson, was actually responsible for the crash. They accused of Erickson of hitting the boys first in a black Mercedes-Benz SUV.

In the motion for a new trial, Grossman's new lawyers wrote that the evidence presented was "insufficient" to prove the charge of second-degree murder beyond a reasonable doubt. The defense team also claimed the judge made an error in allowing certain evidence — in particular, a 2013 speeding ticket from a California Highway Patrol officer who testified that Grossman told him she hopes he never needs the services of the Grossman Burn Center.

The wife of renowned plastic surgeon Dr. Peter Grossman, she was the co-founder and chair of the Grossman Burn Foundation.

A written opposition to the defense's motion by prosecutors stated that the judge "clearly instructed the jury with all applicable and appropriate law" and "the overwhelming direct and circumstantial evidence clearly demonstrated beyond any reasonable doubt that the defendant was guilty." 

Prosecutors wrote that evidence showed Grossman "accelerated from 73 mph to speeds of 81 mph in a 45 mph zone just two seconds before the collision" and the accelerator pedal was "`floored,' at essentially 100%" immediately before she hit the boys while driving at a speed of 73 mph — "the equivalent force of dropping her SUV on the boys from the height of a 12-story building."

Earlier this month, the Los Angeles County District Attorney's Office removed the two lead prosecutors on the case, Ryan Gould and Jaime Castro, flagging a conflict of interest with the attorney Grossman hired since being convicted, James Spertus. 

Spertus is representing an assistant DA in a separate case. 

According to the Los Angeles Times, the two prosecutors and their supervisor, Garrett Dameron, reported to Assistant DA Diana Teran during the trial. The Times reports Teran is being represented by Spertus in a case in which she is facing 11 felony charges accusing her of illegally using confidential law enforcement records. Gould and Castro will assist the new prosecutors.

Dameron was disappointed in the decision, the Times reports, citing an email he wrote to DA Chief Deputy Joseph Iniguez.

"In my nearly 24 years in the office, this decision is shocking and unprecedented," Dameron wrote in the email. "At the very least, this extraordinary decision jeopardizes the successful completion of the case and the impartial administration of justice."  

The family of the victims was also opposed to the decision.

"We are shocked. We were concerned," the boys' father, Karim Iskander, said last month.

The DA's office has said its decision to reassign the case to the Major Crimes Division was made with the victims' interests in mind.

"This decision was made with the utmost consideration for the victims and their family, to protect the integrity of the legal process, and the jury verdict," Chief Deputy District Attorney Joseph Iniguez said. "We are confident that Ms. Grossman will be appropriately sentenced and any legal issues that need to be resolved before that time will be vigorously litigated by our Major Crimes Division."