LOS ANGELES — A Los Angeles County Superior Court judge on Wednesday declined to dismiss murder charges against Hidden Hills socialite Rebecca Grossman, whose vehicle allegedly struck two boys in a crosswalk while it was going more than 70 mph.
Judge Joseph Brandolino rejected a motion to dismiss two counts of murder, finding there was probable cause to determine that Grossman acted with implied malice when her vehicle sped in a 45-mph zone and struck youngsters Mark and Jacob Iskander in a marked Westlake Village crosswalk.
To get a second-degree murder conviction, prosecutor Ryan Gould must prove that Grossman acted with implied malice and knew the act of driving more than 70 mph in a residential area was dangerous to human life.
The judge found she met the physical standard with her actions but said whether she had a mental state for the crime to be murder was a “closer call” with a hard test. She also faces two counts of vehicular manslaughter with gross negligence and one count of hit-and-run driving resulting in death.
The judge said after reading 1,000 pages of the preliminary hearing transcript, it was clear that Grossman not only had been driving 73 mph through the crosswalk after consuming alcohol, but also had been familiar with the area and knew it often had pedestrians. He also said that the crosswalk was clearly marked and that she was closely following a friend in her SUV.
But Brandolino disagreed with Judge Shellie Samuels, who oversaw the preliminary hearing, on one point. “I don’t believe the evidence shows she saw the children,” he said.
Nancy Iskander, mother of Mark and Jacob who dove into the street in hopes of preventing her children from being hit, said she was “very thankful, very blessed all the charges were kept.” She said the proceedings represented two years of her family’s suffering. “Enough is enough,” she said, shedding tears after the hearing.
Jonathan Schneller, one of Grossman’s attorneys, tried repeatedly throughout the hearing to convince the judge that Grossman’s actions were like those of thousands of Californians who drive dangerously. He said she committed “undeniably dangerous conduct,” but would a reasonable person believe it would lead to murder? he asked.
He noted Grossman already faces additional counts of vehicular manslaughter that carry a six-year prison term. He said under the law, implied malice murder is like shooting a gun into a crowded room.
Deputy District Attorney Gould reminded the judge before the ruling that Grossman “floored it” on the suburban street around 7 p.m. on Sept. 29, 2020, after drinking with her friend Erickson at Julio’s in Westlake Village. When she hit Mark, 11, and Jacob, 8, walking with their mother and sibling, “she doesn’t come back to the scene. She doesn’t render aid.”
Gould noted that Grossman’s blood alcohol level was 0.08%, the legal limit for intoxication in California.
Grossman faces 34 years to life in prison if convicted. She has pleaded not guilty and has been out of jail for 20 months on $2 million bail.
