Porn performer Brian Surewood’s case moves toward a May 28 arraignment with the completion of the discovery phase of his murder trial, in which no significant charges were dropped.
Read about the October incident that resulted in the arrest of Surewood (born Brian Barnes) and Armando Ayon here (Brian Surewood held for murder; Brian Surewood reckless driving case continued to May 14).
The case has achieved significant media exposure as a tragic example of the results of street racing; both defendants claim that at least the other defendant was racing.
I attended Surewood’s trial on Wednesday on the ninth floor of the Van Nuys Division of Los Angeles Superior Court. There were about 30 people in attendance, representatives of the family of the late Ayman Arif, friends and family of Armando Ayon, and friends and family of Surewood, including his mother, an uncle, and some cousins.
Each person in attendance had reason to be powerfully sad. No one wanted to be there and would have gone back and changed the circumstances if he could.
Which is why the jovial atmosphere beyond the bar, as lawyers for the defense and prosecution, court officers and stenographers, joked and drank coffee, seemed indecorous. We’d been warned to arrive at 8:30 sharp, so when the doors weren’t open until 8:50, and court didn’t start until 9:15, it appeared that, even as it was just another day in court for its employees, some measure of respect should have been paid to the grieving friends and family of everyone involved.
There were five quick cases before People vs. Barnes and Ayon, and another quick case, involving two guys who were found with a trunk full of 95 stolen credit cards (their lawyer tried to defend them by saying that they had “strong ties to their community,” which made me laugh because I come from that community), just after the recess.
But at 9:44 the case was finally called, and first Ayon, and then Surewood, were led into the courtroom and were seated and handcuffed side by side. Surewood is a little heavier than people in the adult community remember him; he has been in a 6′ x 8′ cell since October, and his characteristic beard, which he cultivated since his decision to be a “character” porn actor, is gone. Instead, he looks like a sadder, aged version of his mid-90’s self, as if the Surewood who looked like he capered around with a pan flute never existed.
There were two witnesses called during the day. The first was L.A.P.D. Detective David Millan, who had taken statements from Ayon and Surewood the night of the accident. Ayon had given his statement at 8:30 p.m. (the accident happened just after 3 p.m.) and Surewood, who had just turned himself in, gave his at around 9:30 p.m.
Surewood’s attorney through this phase of the trial (it is uncertain if he will continue through the arraignment, due to financial agreements) was Peter Korn. Korn appeared on top of his game, if a little cocky (at one point judge Leslie Dunn corrected him on a statement that was “cumulative,” or comprised the spirit of a series of other statements, but hadn’t actually been uttered. Korn replied to the judge, “Yes, I just wanted to see if you’d heard it.”)
The main battle of the day was between Korn and the prosecutor, James Falco. Ayon’s attorney, Howard Levine (no relation to the longtime Pulse/Vivid salesperson) appeared incoherent at times. Levine and Korn were concerned with exculpating their clients and reducing their charges, and Falco needed to make them stick.
As such, both Levine and Falco tried to paint Surewood as the aggressor in the case. No one contradicted that it was Ayon who actually struck the cars that injured the Arif family, but both defense attorneys painted their clients as trying to get away from the other, belligerent driver.
Surewood actually had one more charge against him than Ayon: leaving the scene of an accident. Korn tried to get this charge thrown out by pointing out that Surewood had called 911 immediately after the accident, and tied it in with a refutation of the murder charge, arguing that no one who had intended to commit murder would have bothered to stop and dial 911.
The actual call was not played in court, but Falco pointed out that Surewood had not identified himself in the transcript, if it was Surewood at all. In any case, there did not seem to be a real dispute that Surewood had called 911, but the goodheartedness his lawyer had tried to establish with that fact was not enough to get the leaving the scene charge dropped.
It seemed to me that a lot of the prosecutor’s attention was being paid to Surewood. While both defendants were charged with the same things (murder, second degree murder, reckless endangerment, reckless driving), it seemed that extra effort was being made to emphasize Surewood’s role.
Testimonies of previous witnesses was brought up to prove that Surewood had “slammed” on his breaks in front of Ayon, causing Ayon’s Maxima to go out of control, while Surewood’s attorney maintained that Surewood had merely “tapped” his brakes to keep Ayon off his bumper.
After a lunch break, Korn called an expert witness, Robert Ockey. Ockey was a tall, courtly, soft-spoken former L.A.P.D. officer who in retirement had continued working in accident reconstruction. He claimed 25 years experience piecing together accidents after the fact, and he had his facts in order.
Ockey was convinced that there was no way Surewood had slammed on his brakes, and that damning tire marks on Sherman Way could not have belonged to Surewood’s Camaro.
The problem was, and it was apparent, that Ockey was not a great public speaker. He was put out by Falco’s bulldoggery, appeared to become quietly offended, and his testimony was subverted by his shyness.
Korn tried to establish that Ayon was thrown out of control by accelerating and trying to pass Surewood on the right, rather than because Surewood had stopped suddenly.
But after more than four hours of testimony, the judge was not convinced that Surewood should receive lesser charges than Ayon (although one charge, relating to direct grievous bodily injury, was dropped).
Judge Dunn was unconvinced that premeditated murder charges should be dropped against Surewood and Ayon.
“By virtue of the fact that they’re driving vehicles, they know the power, force, and violence they produce,” she said.
The charges against Surewood and Ayon, if made to stick, carry sentences of 25 years to life, according to California Penal Code sections 187-199:
(a) Every person guilty of murder in the first degree shall be
punished by death, imprisonment in the state prison for life without
the possibility of parole, or imprisonment in the state prison for a
term of 25 years to life.
I don’t know what the precedent is in road rage or reckless driving cases in California, but it did feel like Barnes’ defense was being shot down by the judge out of proportion to his co-defendant.
“It seemed like she made up her mind beforehand,” Korn said later.
Previously: Brian Surewood held for murder; Brian Surewood reckless driving case continued to May 14
See also: California Penal Codes
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