Mistrial motion may follow billionaire defendant’s ouster

A Los Angeles judge may have to consider whether to declare a mistrial in the most recent sexual harassment case against billionaire Alki David after his latest antics got the former FlimOn chief executive tossed out of the courtroom and into a shouting match with several sheriff's deputies.

David's lawyer, Ellyn S. Garofalo of Venable LLP, said she may request the mistrial as early as Monday morning, arguing the scene could have prejudiced the 12-person jury.

Jurors watched late Thursday afternoon as a Los Angeles County sheriff's deputy escorted David out following his second profane outburst of the day inside the courtroom. Before David could object to his ouster, the deputy cut him off, telling David, "I'm the one talking now. Let's go."

David took exception to the admonishment, yelling as he followed the deputy out, "What the fuck did you say to me?"

The argument continued in the hallway until five more deputies arrived, telling David to calm down. David did not re-enter the courtroom.

Superior Court Judge Terry A. Green acknowledged Friday the jury most likely heard the argument between David and the deputies while sitting in the jury box.

"These walls aren't soundproof," Green said.

Before recessing for the day, Green agreed to hear the deputy on the record about the altercation Monday. He recognized David's exploits over multiple cases have caused a strain on the bench, citing news reports that said officers were "ill equipped" to handle such loud and continuous outbursts.

"This has been a trying case for bench officers," Green told the attorneys after excusing the jury for the day. "In 47 years of practice, I have never seen this. It has posed a challenge for the bench. I appreciate your efforts on a difficult case."

Earlier in the day, David returned to the courtroom -- and the stand -- to address claims made following his testimony earlier in the week. He denied stalking or threatening to harm former employee and plaintiff Lauren Reeves, though he did admit to texting her shortly after learning of her pending lawsuit against him in October 2016. Reeves v. Hologram USA Inc., BC643099 (L.A. Super. Ct., filed Dec. 7, 2017).

David later described an incident brought up in Thursday's testimony from former FlimOn financial controller Yelena Calendar as "Howard Stern comedy." During an October 2012 taping of his live-camera television show "Battlecam," David gave former employee Monica D'Onofrio a wedgie then picked her up by her underwear and deposited her atop a trash can.

"You see her laughing," David said as a clip of the incident played on screen as evidence. D'Onofrio sued David the following month, according to news reports.

In between explaining the allegations, David took shots at Reeves and her counsel, Nathan Goldberg of Allred, Maroko & Goldberg, calling Reeves a "cow" and "a basket case" and referring to Goldberg and his team as "morons."

David also called the multiple lawsuits against him alleging sexual harassment "malicious" and the plaintiffs "a bunch of girls [who] were colluding with [Goldberg's] law firm." He then turned to Goldberg and threatened to sue him, a declaration he's made against several firms representing his accusers, before Green cut him off.

Later in the day, Allison Johnson, a former vice president of business development at Hologram USA, testified she and a fellow colleague created the "Her-ass" poster Goldberg brought up Thursday during his cross-examination of Calendar. The poster depicted a man groping a waitress' breasts from behind and included the tagline: "We Will Just Give You The Tip."

Johnson called it a joke and said David had nothing to do with its creation. She said jokes like that were the norm at David's media companies, which she compared to "working on Jackass."

"Everyone was complaining we didn't have an HR department, so we made a joke, and people took it seriously," Johnson said. "Honestly, it was a joke."

Johnson also defended David, her former boss, saying she would not have made him the godfather of her 2-year-old if he was a "sexual predator."

"It was the best job I ever had," Johnson said of her five years working for David. "I would have worked for Alki until the day I died."

Later, on rebuttal, Dr. C. Buf Meyer testified she treated Reeves for post-traumatic stress and suicidal thoughts. She added Reeves genuinely feared David after he allegedly grabbed her by the throat though Garofalo tried to categorize David as a fan of edgy, raunchy humor.

"[Reeves] described a man who was quite terrifying." Meyer said of David.

"You understand that was part of the entertainment?" Garofalo asked.

"Yes, I understand it was entertainment," said Meyer. "But it also told me a lot about the man."