An attorney for Rebecca Grossman has asked the California Supreme Court to review an appeals court decision that upheld her murder conviction.
Two years ago, Grossman, of Hidden Hills, was convicted of second-degree murder and other charges stemming from a fatal Westlake Village crash on Sept. 29, 2020. Mark and Jacob Iskander, 11 and 8, were crossing Triunfo Canyon Road with their mom and younger brother when they were struck and killed.
Grossman was driving 73 mph in a 45-mph zone at the time of the crash, according to testimony in her criminal trial. A jury found her guilty of two counts of second-degree murder, two counts of vehicular manslaughter and hit-and-run driving.
Los Angeles Superior Court Judge Joseph Brandolino sentenced her to 15 years to life on each of two murder counts and three years on hit-and-run driving; all to run concurrently.
Grossman’s attorney Lara Gressley filed the petition seeking the California Supreme Court review on April 23. Gressley cited a list of legal questions, from whether there were errors with the jury instructions to an increasing use of second-degree murder charges in vehicular homicide cases. She described the issues as “recurring, consequential, and of statewide importance.”
Without guidance from the court, the law would continue to be applied inconsistently, the lawyer said.
What’s next in Rebecca Grossman’s criminal case?
The court typically decides whether to accept a case within 60 days, though that time can be extended.
More than 250 petitions typically are considered at the court’s weekly conference, officials said, and at least four justices need to vote to accept a case for review.
Among the questions outlined in Grossman’s petition, Gressley asked about the type of evidence and how much is necessary for a vehicular manslaughter case to rise to the level of murder. The evidence in Grossman’s case “falls short of the extreme circumstances present” in other such cases, according to the petition.
Gressley had asked the 2nd District Court of Appeals to reverse the convictions, saying her client’s conduct did not rise to the level of murder. In March, the appeals court upheld Grossman’s conviction, saying that substantial evidence supported the jury’s verdicts.
“After drinking, Grossman got into her car and raced Erickson through residential streets,” according to the justices’ 143-page decision. “She was in her own neighborhood, less than a mile from her home.”
The jury could readily infer that Grossman knew the area and that she was approaching a crosswalk.
Depending on the state Supreme Court’s decision, Grossman also could possibly petition the U.S. Supreme Court on questions of federal constitutional law raised by her attorneys.
Grossman’s murder conviction off limits in civil trial
A civil trial also is underway in a Van Nuys courtroom, but those jurors likely won’t hear about Grossman’s conviction or that she’s in state prison as the appeals of the criminal case continue.
The Iskander family brought the wrongful death suit against Grossman and Scott Erickson, her then-boyfriend and former professional baseball player, who also was on the road at the time of the crash. The two were driving in separate SUVs to Grossman’s home near Westlake Lake.
Erickson was charged with reckless driving, a misdemeanor, in 2021. The court ordered judicial diversion, and the case was later resolved, officials said.
In the civil case, an attorney for the Iskanders told jurors that Grossman and Erickson had raced toward the crosswalk after drinking and didn’t stop when boys were struck and killed. Before the crash, they sped past people biking and walking, the lawyer said.
Both Erickson’s and Grossman’s attorneys have said there is no evidence that their clients were racing that night. Erickson’s team said he saw the boys in the crosswalk and made it past without hitting anyone.
Grossman’s lawyer said the evidence will show that other factors were involved, from a lack of lighting to issues with the roadway and other vehicles.
Earlier this week, the judge clarified to attorneys what would be allowed in reference Grossman’s criminal proceedings. From the point the District Attorney charged Grossman through her criminal proceedings, sentencing and her current whereabouts would be off limits, the judge said.
Cheri Carlson is a reporter for the Ventura County Star. Reach her at cheri.carlson@vcstar.com.
This article originally appeared on Ventura County Star: Rebecca Grossman asks Supreme Court to review her murder conviction
Reporting by Cheri Carlson, Ventura County Star / Ventura County Star
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