Hologram CEO removed as own counsel after more outbursts

LOS ANGELES -- A superior court judge barred Alki David from representing himself Friday, citing the self-appointed anti-#MeToo crusader's abusive conduct and numerous court order violations.

Proceedings before Judge Michelle Williams Court seemed fated to suffer the same absurdities rampant in previous sexual harassment cases tried against the Hologram USA Inc. CEO this year. Following an adverse $4.35 million verdict in the most recent case against him last month in which he deferred to hired counsel, David was once again representing himself in order "to do things my way," he said Friday.

But Court told David that his "way" -- in which he regularly hurled abuse, obscenities and threats toward the plaintiff and opposing counsel at Allred, Maroko & Goldberg LLP -- conflicted with her own. Following a pre-trial conference on David's publication of lengthy Instagram videos, recorded throughout the courthouse in violation of Court's trial order, Court said she felt compelled to discontinue David's pro per efforts.

Although he said he anticipated the ban, the decision further riled the already angry David, who stormed out of the courtroom and was heard yelling in the court hallway in full view of the jury, who were still awaiting the start of the trial day.

The court clerk and bailiff followed David out into the hallway. When they returned, Court asked the clerk to recall what happened to reflect the record.

"It was like the last time," the clerk said, noting David appeared to be trying to draw attention to himself. "All these outbursts, shouting about 'lying, cheating people.'"

David's departure occurred despite Court having told him he wasn't barred from being present and seemingly encouraging his presence to resolve who would represent him. While she reasoned it might make sense for David's case to be handled by Ellyn C. Garofalo, the Venable LLP partner who represented him in the most recent trial, Garofalo said she was present Friday only as counsel for David's business entities. She did not appear thrilled by the prospect and remarks by David throughout trial indicate he's been dissatisfied with her comparatively tame approach to argument.

Court said she felt compelled to act, based primarily on abuse in David's opening argument Thursday directed toward the plaintiff, Mahim Khan. Following David's self-imposed exile Friday, Khan once again took the stand to offer her account of David's sexually abusive workplace behavior. Mahim Khan v. Hologram USA Inc., BC654017 (L.A. Super. Ct., filed March 14, 2017).

Khan said David's abuse included a "joke" that would occur almost daily in which David would enter Khan's office at Hologram, swirl her chair around and shove her face into his crotch. On multiple occasions, Khan said David would sneak up on her to slip his hands beneath her clothes to touch her breasts, vagina and buttocks.

Though she said she tried to bring the abusive behavior to the attention of her superiors, Khan said her complaints were written off. She said she was told, "That's just Alki being Alki."

The court will likely address the issue of David's representation prior to resuming trial Monday.