Murder For Hire Trial
Underway at Ventura County Superior Cour
Pacoima businessman Barry Carlisi wanted Tom MacCallister
dead. So, Carlisi hired his pal who
lived in a bus housed in an industrial space owned by Carlisi.
Carlisi even met with his friend and now hit man Ruben
Szerlip twice at an IHop at Agoura Hills in June 2010 to discuss how to kidnap
and kill MacCallister - Carlisi wanted MacCallister kidnapped , his body dismembered and cut into
five pieces, the body parts frozen, put into a freezer that would be weighed down
with chains and dumped in the ocean.
What Carlisi didn't know that Szerlip was wearing a wire during the IHop meetings.
He had a change of heart about killing
MacCallister. He called the District Attorney's Office using a fictitious name and was put through to an investigator who referred the case to the Ventura County
Sheriff's detectives who launched an investigation.
That's what prosecutor Anne Spillner told jurors Tuesday
during opening statements in Carlisi's trial in Courtroom 25.
The 65-year-old Szerlip who is in witness relocation program
was given immunity in exchange for testifying against Carlisi, according to
prosecutors.
Law Enforcement Search
Carlisi's Property for Evidence
The 57-year-old Carlisi, who is not in custody, is on trial
for conspiracy to commit murder, conspiracy to kidnap, solicitation to commit
murder and possession of marijuana for sale.
Sheriff's detectives executing search warrants on Carlisi's home
in Bell City and vehicle to gather evidence for the conspiracy charges found a
marijuana grow farm inside Carlisi's Bell City house.
Spillner told jurors that Carlisi bragged that he has been growing
marijuana for 20 years.
"The defendant said he makes a lot of money on this. It can
be hard work but it is worth it," Spillner said Carlisi is heard saying.
They also found other things including a freezer, plastic sheeting, nylon stockings, an ice pick, gloves, photos of MacCallister's house and firearms.
Also found was a so-called "Oh, Yeah" file with a photo of
MacCallister's sister, e-mails from MacCallister, a Sap weapon, pepper spray
and a receipt for a GPS tracking device that can be put underneath a vehicle to
track it.
There was also a list of all the places where MacCallister shops, visits or banks along with his sister's address.
Spillner said Carlisi wanted MacCallister dead because he
was going to a very "bitter and vicious" divorce and child custody dispute with
Shannon Carlisi who is Carlisi's niece.
MacCallister testified Tuesday.
Carlisi Has Hired
Three Attorneys to Represent Him at His Trial
For his part, Carlisi has hired three lawyers to represent
him - two from Los Angeles John Hobson and Michael Levinsohn and one from
New York City, Jennifer Lee Barringer.
Hobson told the juror
this case is about "sex, lies and deception," saying that Szerlip had a "hidden
agenda" and it wasn't to help MacCallister. Hobson said Szerlip was having a "secret
sexual relationship;" with Carlisi's wife.
Detectives immediately focused on Carlisi during the
investigation and never bothered to look at Szerlip story, said Hobson.
"The evidence will show that this is a one sided investigation
that has a two-sided crime," Hobson said.
He described Szerlip as a "government agent" who has been
put on a witness relocation program and has been given $30,000 for helping law
enforcement.
Hobson said Szerlip has convictions for theft and domestic
violence and his agreement of immunity with prosecutors doesn't require him to
be truthful or to tell the complete story.
Szerlip was well-coached and prepared when he was working
with law enforcement, Hobson said.
He said Szerlip was pushing Carlisi to get the crimes done.
Adding that his client sat with his brother Wayne Carlisi and told him that he feared Szerlip.
The Marijuana Grow
Farm Charge
Carlisi's other attorney Levinsohn told jurors during
opening statements that Carlisi was growing medical marijuana for medical
purposes. Levinsohn said Carlisi and his
associate are qualified medical patients who use marijuana and grow their own
marijuana, Levinsoh
Levinsohn said Carlisi has never made any profit from
growing marijuana and the defense will put an expert on the stand to testify
about marijuana grow farms and medical marijuana laws.
The Victim Takes the
Stand
MacCallister took the stand and testified about his marriage
to Shannon Carlisi who was the granddaughter of Frank Carlisi. He and his wife
Mary raised Shannon Carlisi.
Frank Carlisi is the father of Barry Carlisi, said MacCallister.
He said Shannon Carlisi had two children by a previous marriage. He said he and
Shannon Carlisi had a baby girl in December 2001.
MacCallister described his marriage to Shannon Carlisi and said they were separated and filed for divorce in 2005. He said the divorce was one of the "worst" he had ever experienced and said he had been married one other time.
MacCallister said he had a good relationship with Frank
Carlisi up until the divorce and the fight for assets and custody of the couple's
child began. He said Frank Carlisi , who is now deceased, was upset that he was never told about the divorce
before it was filed.
He said Frank and Mary Carlisi helped the couple move from
Oceanside to West Hills and gave them more than $500,000 as a down payment for
a home at West Hills so Shannon Carlisi would be closer to her family.
MacCallister told
jurors that Shannon Carlisi took his prized comic book collection that he began
when he was a 9-year-old child. He said
he was stuck with two mortgage payments on the Oceanside and West Hills houses
because the Carlisis refuse to sign the legal papers so the houses can be sold.
MacCallister ended up losing the houses to foreclosures and
later, Frank Carlisi bid on the foreclosed West Hills house.
Also he said Frank Carlisi filed a frivolous lawsuit against
him in 2007, and it resulted in him using all his money for legal fees. He said
he got his sister Linda who is a lawyer to give him free legal representation
and in the end, he was representing himself.
In May 2010, MacCallister said he got a $16,000 for legal fees because of the
malicious lawsuit they filed. He said he
also got $42,000 in June 2010 to settle the divorce that included compensation
for the comic books, a 1963 Buick and tools.
"Did you have to declare bankruptcy as a result of this
divorce?" Spillner asked.
"Yes," he replied.
Under cross examination, MacCallister denied posting up
fliers in February 2009 that stated, in part, "Frank Carlisi is dead."