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Man Convicted of Threats He Contends Were Not Reasonably Believable Loses Appeal
By a MetNews Staff Writer
A man who telephoned a Hermosa Beach comedy club, telling the general manager he would kill him and everyone in the place and burn it down has failed to persuade the Court of Appeal that his conviction for making criminal threats should be reversed because his utterances were made during “a ranting tirade” that was so balmy it should have been discounted and, given that he was in San Diego, he could not have carried out any threat.
Presiding Justice Lee Edmon of this district’s Div. Three wrote the opinion, filed Wednesday and not certified for publication. It affirms the judgment in the case of William Robert Bramscher, tried in the courtroom of Los Angeles Superior Court Judge Alan B. Honeycutt.
Aside from his felony conviction based on his 2019 threats, Bramscher was adjudged guilty of disobeying a 2018 court order not to contact the general manager. That protective order was made in connection with Bramscher’s conviction that year for criminal threats to the general manager, identified by Edmon as “Christopher C,” and the Comedy and Magic Club.
Jay Leno’s Habitat
That club, shuttered since March 2020 in light of the pandemic, was a venue at which major comics appeared, including former Tonight Show host Jay Leno, who performed there every Sunday night.
Rejecting the contention that Bramscher’s threats were plainly irrational and similar to ones made in the past that were not carried out, and therefore could not reasonably have been taken seriously, Edmon said:
“These arguments amount to nothing more than a request that this court reweigh the evidence and substitute our judgment for the jury’s. This we cannot do.”
It did not matter that Bramscher telephoned from San Diego, she wrote, because there was “no evidence that Christopher knew Bramscher was not in a position to carry out his threats,” his location not having been disclosed.
Drawing the conclusion that substantial evidence supports the judgment, Edmon said the “threats were unequivocal, unambiguous, specific, and unconditional, and threatened death.”
Profanity Quoted
She noted that “Bramscher engaged in a screaming diatribe laced with profanity”—which she chose to quote—“and called Christopher ‘every name in the book,’ demonstrating the extent of his rage and his hatred of Christopher,” adding:
“Bramscher’s tone was aggressive and ‘over the top upset.’ Given the words used, Bramscher’s demeanor, and the repetition of the threats, the jury could readily infer that Bramscher intended his words to be taken as threats.”
The requirement for a conviction under Penal Code §422(a) that the threat actually induced fear was met, Edmon said, citing the general manager’s testimony that he was “absolutely” afraid the defendant would carry out his threat and the fact that he called the police and locked the club doors.
The case is People v. Bramscher, B303019.
Writ Earlier Denied
Div. One on Sept. 28, 2018, denied a petition for a writ of mandate filed by Bramscher, personally, contesting an order in the case finding him incompetent to stand trial. While noting that the defendant was asserting that his counsel was ineffective for having expressed doubt as to his competency, the panel said that Bramscher, given that he was represented, should not be filing papers in pro per.
In any event, it said, Los Angeles Superior Court Judge Thomas Sokolov did have “a sua sponte duty to hold competency proceedings when presented with substantial evidence raising a reasonable doubt about the defendant’s competency to stand trial.”
In the end, the trial was conducted and, U.S. District Court Judge R Gary Klausner of the Central District of California held on Aug. 19, 2020, the judgment precludes an action in his court by Bramscher against the City of Hermosa Beach and members of its police force alleging falsification of evidence in the state proceeding. Klausner cited the U.S. Supreme Court’s 1994 pronouncement in Heck v. Humphrey barring suits in districts court which, if successful, would undermine state court resolution of controversies.
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