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Grossman murder trial nears conclusion: Here’s what you need to know

A woman with blond hair, wearing a blue mask
Rebecca Grossman is charged with second-degree murder and other counts stemming from a crash in Westlake Village that left two young brothers dead.
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Good morning. It’s Thursday, Feb. 22. Here’s what you need to know to start your day.

Did she commit murder?

The high-profile trial of Rebecca Grossman in the 2020 collision that killed Mark and Jacob Iskander, 11 and 8, at a Westlake Village crosswalk, approaches its conclusion after closing arguments Wednesday.

Soon, a jury will determine the Hidden Hills woman’s fate as she faces two counts of second-degree murder, two counts of vehicular manslaughter with gross negligence, and one count of hit-and-run driving resulting in death. If found guilty on all charges, she could face 34 years to life in prison.

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Grossman, 60, was a prominent figure in the local community. Alongside her husband, Dr. Peter Grossman, she founded the Grossman Burn Foundation.

Times staff writer Richard Winton has covered the six-week trial that has included unsettling details, emotional outbursts and witness testimony. Here’s a recap of the case.

Grossman’s murder charge

To secure a second-degree murder conviction, prosecutors must prove that Grossman acted with implied malice — knowing her actions could be deadly but disregarding the risk.

She was not charged with driving under the influence. But prosecutors allege Grossman, 60, was impaired. They say she had cocktails with Scott Erickson, a former Dodgers pitcher, and then raced with him — he in his black Mercedes SUV and she in her white Mercedes SUV — along Triunfo Canyon Road until they reached a crosswalk where she fatally struck the Iskander brothers.

A breathalyzer test conducted at the scene revealed Grossman’s blood-alcohol level to be around 0.075%; a subsequent blood test conducted three hours later showed the level at 0.08%, California’s legal limit. Additionally, traces of Valium were found in her system, two criminalists testified.

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The judge denied her legal team’s request to dismiss the murder charges, ruling prosecutors had presented enough evidence showing voluntary intoxication and driving at a high speed.

Prosecutors said in court she reached a speed of 81 mph before lightly braking, then slamming into the boys at 73 mph, sending one child flying into the air. After striking the children, she did not stop until safety features on her car shut it down, according to the prosecution.

A crash expert testified that Grossman could have avoided hitting the boys if she had been traveling the posted limit of 45 mph because they already would have been at the curb.

Prosecutors highlighted Grossman’s awareness of the deadly consequences of speeding, saying she was warned of the risks when she was ticketed for going 92 mph on the 101 Freeway in 2013.

The defense’s argument

Grossman’s defense team argued that Erickson — not Grossman — was the first to strike the boys. Crash reconstruction experts for the defense have testified that Erickson’s black Mercedes SUV hit the boys first, sending Mark over his vehicle and onto the hood of Grossman’s vehicle.

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Erickson faced a misdemeanor count of reckless driving in connection with the fatal crash. That was dismissed after he made a public service announcement about the importance of safe driving.

During closing arguments Wednesday, defense attorneys continued to point the finger at Erickson. “If you have doubt that the black car hit one of those children, this case is over,” said Grossman’s lead attorney, Tony Buzbee.

Her attorney presented witnesses who testified that she drove responsibly, wasn’t impaired and traveled at no more than 52 mph. The defense also contends that the collision occurred outside the crosswalk.

Grossman informed the judge that she would not be testifying in the trial.

Alexis Grossman, her daughter, shared tearful testimony that bolstered the defense’s argument that Erickson was at fault.

After closing argument rebuttals, the case is expected to go to the jury Thursday.

Murder charges in car deaths are uncommon

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California criminal law generally categorizes vehicular killings under manslaughter — “the unlawful killing of a human being without malice.”

Several law experts discussed why vehicular murder charges are a rarity with Essential California’s Ryan Fonseca in November.

Several notable instances of drivers facing murder charges have made headlines recently.

A nurse faces multiple murder charges in a high-speed crash that killed five people two years ago. Additionally, in October, a man was charged with four counts of murder after his involvement in a high-speed crash that killed four Pepperdine students along Pacific Coast Highway.

The critical distinction between murder and manslaughter lies in the prosecutor’s ability to prove intent. Murder is described as a deliberate act, while manslaughter typically involves recklessness or negligence.

Prosecutors can charge someone with murder if it is believed they acted with implied malice, such as drunk driving, according to the California Supreme Court.

County prosecutors evaluate each incident “on a case-by-case basis,” the district attorney’s office said, with determining factors including:

  • Speed (and speed limit)
  • Driving pattern
  • Location of the incident (residential versus commercial, surface streets versus freeways, school zones)
  • Driving under the influence
  • Driving history
  • Driver’s prior warning history
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