Court: Prosecutor who aided filmmakers may remain on 'Alpha Dog' death penalty case

SAN FRANCISCO: California's highest court ruled that a prosecutor who helped in the making of "Alpha Dog" may remain on the death penalty case on which the film is based.

An appeals court had removed Santa Barbara County Deputy District Attorney Ron Zonen after he turned over probation reports, police files and other sensitive materials to director Nick Cassavetes. "Alpha Dog," a fictionalized account of the killing of a Southern California teen starring Bruce Willis, Emile Hirsch, Sharon Stone and Justin Timberlake, was released last year.

Prosecutors accuse Jesse James Hollywood of masterminding a plot to kidnap and murder 15-year-old Nicholas Markowitz in 2000 because the teenager's older half brother owed Hollywood a $1,200 drug debt. Four people have already been convicted in the case, including triggerman Ryan Hoyt, who was sentenced to death.

Zonen said in court documents he aided Cassavetes with "Alpha Dog" to help publicize the hunt for Hollywood, who was captured in 2005 in Brazil after spending nearly five years on the lam.

Hollywood's lawyer, James Blatt, claimed Zonen — who was not paid by the filmmakers — acted unethically in giving confidential documents to Cassavetes and that "Alpha Dog" unfairly demonized his client in the eyes of potential jurors.

The California Supreme Court unanimously ruled Monday that a trial judge in Santa Barbara correctly concluded that Zonen's behavior didn't warrant removal.

"This is not to say that Zonen can or should escape censure," Justice Kathryn Werdegar wrote. "We find his acknowledged actions in turning over his case files without so much as an attempt to screen them for confidential information highly inappropriate and disturbing."

Still, Werdegar said kicking Zonen off the case was too harsh of a punishment because he appeared to be motivated solely by a desire to capture Hollywood.

"While Hollywood disputes that conclusion, it is supported by substantial evidence," Werdegar wrote.

Blatt said he was disappointed in the ruling and was considering an appeal to the U.S. Supreme Court.

"This sends a negative message. I don't think he can be fair," he said.

Blatt said no trial date was scheduled pending the outcome of the appeal. Prosecutors are seeking the death penalty for Hollywood, who is charged with first-degree murder and kidnapping.

Zonen couldn't be reached for comment Monday, and District Attorney Christie Stanley didn't immediately return a phone call.

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