Day 11 – 1/22/08
Just thinking about today’s proceedings. How many times will Schroeder tell Albee, "I don't care what you think"? How many times will Jensen chew on his cuticles? How many times will I yell, "shut up, FGS"?
Aaron Dillard is back on the stand. Albee goes back to the statement prepared by the pros.
You had a phone call where this statement was read to you? Yes.
You met with the pros twice? Yes.
Ms. Gabrielle read you the statement? Yes.
Did you have any corrections? I didn’t have the statement in front of me.
Albee is saying Dillard did some research on the Jensen case and added additional information to fit the pros theory.
Dillard is looking like he’s getting pretty fed up with Albee. Again, Albee is told to move along and stop covering the same territory from Friday.
Jambois shows Dillard the letter Dillard wrote to his lawyer. Letter was written about a week after Dillard’s conversation with Jensen.
Do you know who Dr, Chambliss is? No.
Did you ever see an autopsy report? No.
Had you seen the inventory of meds that were taken from the house? No.
Albee on re-cross ~
Jensen told you what medications his wife was taking and she was taking them because she was depressed? That’s what he said.
Albee is stepping way over line now. Calling Dillard a liar, a convict, a thief….
It would seem that Albee can't allow Dillard’s letter entered into evidence, since he states he would have to change his plea! Jambois points out that it is this document contains crucial information about the murder that "no one but the dead" could have told him, unless he heard it directly from Jensen. This would make the letter a previous consistent statement.
Judge Schroeder: His efforts to come forward were "dripping" with motive (to get out of jail). Albee claims improper influence by the prosecution made his evidence fit the case.
Albee did make a big deal on Friday that he was going to prove that the information was manufactured by Dillard and he was going to use his cross to show that. Apparently, the Judge shut that down and left Albee swaying in the breeze. Today, with the judge allowing the previous consistent statement in as evidence for the jury to consider, it flushes that argument down the drain. Jambois correctly explained that this prior evidence had to come from either Julie or Mark because it contains the information that corroborates the cause of death as smothering. While the police originally considered smothering as a cause of death, the discovery of antifreeze in her system changed their minds. Information about smothering, as a cause of death was not commonly known.
As Albee said, "I'll have to change my plea," if exhibit 134 was admitted into evidence.
Jambois comes back to re-direct asking Dillard if he "speaks to the dead." No.
You’re not a medium are you?
Jambois asks about the conversation about the trip to St. Louis.
Did Jensen say he had regrets about talking to Klug? That he messed up.
Albee keeps interrupting, saying this has already been covered after every one of Jambois’ questions.
Judge Schroeder yells at both attorneys to knock it off or we'll never get the case done.
Det. Ratzburg is called to the witness stand. He was dispatched to the Jensen scene to investigate Julie’s death.
Did you do a video at the scene? Yes I did. Video taken before Julie was moved, after she was moved and after she was removed. Video will be shown later today.
Gretchen Rosenke, Dillard's attorney on the stand.
Jambois is asking about the letter that Dillard wrote. She confirms that she did pass the letter on to Jambois.
Albee is again objecting after every question Jambois asks. Judge keeps overruling.
Did we schedule an interview? Yes.
When was the interview? Very quickly after we spoke.
Were you present at the interview? Yes.
Did Ms. Gabrielle or I provide any information about this case to Mr. Dillard? No.
Albee on cross ~
Did you Mr. Dillard’s file with you today? Yes.
I move the entire file be brought in.
Judge says he doesn’t find that proper, as the file more than likely has information not pertinent to this case.
Albee says you can’t pick and choose pieces of the file to enter.
Objection from Jambois.
Albee wants Rosenke testimony struck. She was in the courtroom during Dillard's testimony.
Judge Schroeder rules that striking her testimony is not going to happen.
Albee going for mistrial because Jambois used the words seer or medium.
Judge again tells both lawyers to knock their crap off.
Afternoon sessionKelly LaBonte on the stand. She will claim privilege and will be granted immunity from the court. Anything she says can't be used against her except in case of perjury.
If she is later charged in the case, anything she says can't be used against her in a trial.
LaBonte met Jensen in April 1998. Their romantic/sexual relationship started in September.
At that time you knew Mr. Jensen was married and had 2 children?
Objection by Albee. Overruled!
Were you aware he had 2 children? Yes.
How old were they? 3 and 8.
Holy cow! She married someone 9/19/98. A week after she started up with Jensen! Gee, Kelly is a real sweetheart.
Between April and December 1998, they spoke on the phone daily, several times each day.
Mr. Jensen never told you that his wife had discovered that you were having an affair with her husband? No.
Albee is on the objection train. Judge getting cranky and calls a sidebar.
Yikes! LaBonte also carried on a relationship with another co-worker, John Joseph!
There are about a gazillion emails entered into evidence. Looks like we are going to read each of these!? And that is how we spend the afternoon. The emails are sexually explicit and there are often several a day. Have to say, even I’m pretty grossed out.
(Few things to remember: Julie’s brothers are in the courtroom as well as Mark’s parents. Also, LaBonte has been raising Julie’s children.)
Quote from ritanita, I'm wondering how Albee will deal with cross? She's obviously a hostile witness and how in the world will he make this sound less sleazy?
Albee calls for a mistrial because the jury might have heard a private comment between the prosecuting attorneys. Judge Schroeder made a few vague threatening comments about defense attorneys constantly asking for mistrials.
Ok, now we’re getting to the heart of the matter! Late October e-mails: They are discussing Kelly taking on "the three of us," meaning Mark and his two boys. This does not take into consideration Julie Jensen.
Court is adjourned.
Albee is going to argue his objections about the e-mails.
These e-mail, especially dealing with sexual innuendo... there is no justification for going into this. It unduly emphasizes the salacious aspects of the situation. Makes the jury dislike Mr. Jensen. It unduly emphasizes this one area. Some have been read 2, 3, 4, times.
He got "hurry up" on his questioning Ms. Rosenke this morning. He can 't keep objecting...
Jambois doesn't see how Albee can object to the admission of the emails, especially since Mark Jensen denied the affair to the police. Likewise, Kelly denied the affair until she received immunity.
Comments about Bill Clinton here!
The same day Mark is discussing "getting rid of the details" meaning killing Julie Jensen, he is looking up poison, botulism, etc.
Judge Schroeder: some of the e-mails contain information that is significant to the jury, especially the growing relationship.
It is hard to believe Mark Jensen will be convicted of murder because of the salacious information.
Not including all e-mails would leaves gaps in the story.
The objection is overruled.
Whoo! Got to give an A for entertainment today!
Thanks ritanita for your input!