Final arguments take place Thursday this week.
By McKenzie Jackson / Special to The Malibu Times
The jury trial for two local men charged in the alleged beating case of a paparazzo two summers ago began last week Wednesday in the Malibu Superior courtroom of Judge Lawrence J. Mira.
Malibu residents Skylar Peak, 25, and Philip “John” Hildebrand, 31, are each charged with one count of misdemeanor battery for their alleged involvement in the June 2008 beating of French paparazzo Rachid Aitmbareck after he tried taking photos of actor Matthew McConaughey at Little Dume Beach. They could each face up to six months in a jail and a $2,000 fine if they are convicted.
Peak, a lifeguard, testified last Friday and Monday this week. Hildebrand, a photographer, testified Tuesday.
Attorneys for Peak say members of the paparazzi sparked a physical confrontation after they were told to leave the private portion of Little Dume Beach.
On day one of the trial, Karl Larson, 41, who was part of the group of paparazzi involved in the altercation, testified in court a group of beachgoers approached him and the other paparazzi, and told them to leave the beach. Larson said Peak punched Aitmbareck in the face while he was holding the camcorder at the beginning of the confrontation.
Larson said he grabbed the video camera Aitmbareck was using and filmed segments of the altercation. District attorney lawyers played video clips that show the beachgoers confronting the paparazzi and then show Peak slapping the camcorder.
The segments also show Aitmbareck being chased into the edge of the ocean water and a paparazzo waving a monopod at the beachgoers.
Defense attorneys Harland Braun and Stefan Sacks said the paparazzi edited the video in order to depict their clients as instigators. Larson said he did not shoot the altercation in one streaming video because he accidentally cut it on and off.
Another video taken on the day of the altercation by a witness called by the defense was also shown Tuesday in court.
That witness, Sherrie Rose, said she had gone to the beach with her friends and her four-year-old son on the day the alleged beating took place so that he could have his first surf lesson.
She said that while she was taking out her beach things, the person next to her was taking out “artillery stuff,” referring to large photographic equipment. “I suddenly felt uncomfortable,” she said. “The vibe suddenly changed. I felt very unprotected.”
Rose captured video of the altercation between the paparazzi and others on the beach with her digital camera. The video showed Peak, backed by people in beach attire, approaching a photographer wielding a monopod, backed by photographer friends. “Hit me with it, baby!” Peak is heard saying in the video. “I’m right here.”
The video appeared to show Peak making contact with his hand to the side of the photographer’s head, after which point the paparazzo began swinging the monopod at Peak, making contact with him and another beachgoer.
A scuffle for control of the monopod ensues, both sides appearing to hit and be hit, and ends with one of the photographer’s taking a final swing with it and the paparazzi walking away.
Hildebrand on Tuesday testified that he had gotten into a verbal confrontation with Aitmbareck, which quickly turned physical when he said another paparazzo drew a knife and attempted to stab him. Hildebrand said Peak intercepted the swing and sustained a cut on his finger, which defense attorneys said could be seen on the video.
Hildebrand said that once he saw the knife, it went from a light-hearted, joking atmosphere to “fighting for our lives.”
Deputy District Attorney Bill Penzin challenged Hildebrand’s assertion that someone attacked him with a knife, and asked him if it was recovered. Hildebrand said it was not.
Penzin also asked Hildebrand if he regretted attacking Aitmbareck.
“It was the only option we had,” Hildebrand said.
Final arguments are scheduled to take place Thursday morning at 9:30 a.m. at the Malibu Superior Courthouse.
Stan Parker contributed to this story.