Thursday, January 24, 2008

Mark Jensen Murder Trial Day 13

Day 13 – 1/24/08 
First witness of the day is Lt. Daniel Reilly. He was sent to the Jensen house for non-responsive female. He saw Mark on the phone. The paramedics were already there and said Julie was deceased. Julie was lying on her left side with part of her face in the pillow.

Did you ask Mr. Jensen about Julie’s medical history? Mark told him that Julie was depressed. She wasn’t sleeping. Started taking Paxil and she had a bad reaction. She was given Ambien for sleep. She was basically in a state of intoxication.

Julie rarely drank because of the family alcohol history.

Did you find the meds? Yes, 7 Ambien and Paxil.

The police secured the house. They searched the house around 8pm. They removed the bedroom garbage can. They took the food and the glass from the nightstand and a date book. They checked the drains and recovered the prescriptions and OTC meds in the kitchen.

Jensen told police Julie said, “I know you’ll be ok without me and I know you and your parents love the kids and will take care of them”. Mark was concerned, but never said Julie talked about committing suicide.

Jensen said Julie said these things on the night of the 2nd. Mark said he was concerned and he tried to talk to Julie about the statements, but she was incoherent.

On the 3rd, she was sick so he stayed home in the morning. He went to work about 12pm, and then he picked up the kids and came home and found Julie dead. She had labored breathing, but was sleeping when he left.

Cross by Albee ~

You arrived at 4:35pm? Yes.
Mr. Jensen was crying and upset? Yes, he was.
Mark told you she had not been physically ill, but depressed? Yes.
And the depression started 4 months prior to her death? Yes.
About the time Douglas started daycare? Yes.
Dr. Borman prescribed Paxil? Yes.
The total length of the medical discussion was about 10 minutes. Reilly wrote his report was on the 6th, from memory. He had no written notes from his discussion with Mark.

Your report is a summary of what Mark said, not direct quotes? Correct.

Who took the pictures at the scene? I think Lt. Hunter.

Your recollection is that Julie was on her side. Yes.

You noted that Julie’s eye was open and puffy? Yes and the pupil was large.

Did you see Julie when she was removed from the house? I was present, but wasn’t observing what they were doing. Robert Johnson, the ME, removed the body?

You didn’t see vomit, urine or feces in the bed? No.

You responded to a 911 call? Yes.
Is there a recording of the call? All 911 calls are recorded.

Det. Ratzburg was in charge of the scene and he pointed out what items to collect as evidence.

You seized a date book that belonged to Julie? I don’t know who it belonged to.

You collected the bathroom sink drain? Yes, at the direction of Det. Ratzburg.

Were you asked to collect Dixie cups or any of the dirty dishes in the kitchen? No.

On his arrival Reilly was told to treat the scene as a crime scene, but didn’t know what the circumstances were.

Lt. Reilly says that Mark Jensen was calm, was able to carry on conversations and answer questions. Reilly looked for a pulse on Julie, doesn't remember if it was on wrist or neck. Mark didn't tell him why he didn't contact rescue sooner.

Albee asks if Mark was visibly upset - crying, nose running, had trouble standing. Became very emotional when told his wife was dead.

Reilly excused.

Next witness, Ron Kosman, a patrol officer. This is the officer that got the phone messages from Julie. She said if she were to end up dead, it would be because of Mark.

Kosman had 40 – 50 contacts with Julie over the years because of harassing phone calls and pornographic pictures being left around the house.

Julie thought Mark was recording her phone calls so Kosman went to the house 11/24 after 10am.

Julie was confused and scared when speaking with Kosman. Julie told him she had taken photos of the computer and other things on Mark’s desk.

Julie calmed down while speaking with Kosman. Julie went to the neighbor and retrieved the roll of film. Kosman had the film developed.

Kosman told her if she felt in danger to contact the police immediately or leave the house. She said she thought she would be ok, her emotions were just running high.

Kosman and Ratzburg reviewed the photos. Kosman said he didn’t see anything in the photos that jumped out at him as suspicious.

At some point you heard that Julie had died? Yes.
He got a call from his Chief telling him Julie had died.

’93 or ’94 was when Julie started finding the pornographic photos. Mark however found most of them. He was called to the home around 30 times over the years.

Kosman advised Julie to put a trace on the phone and start a notebook to track the dates and times of the harassing phone calls.

Albee objects…overruled.

The first call to Kosman, Julie stated Perry Terrica (sp) might have placed the photos. Perry was the one Julie had the affair with.

When the phone was being traced, the calls stopped. The phone was traced 4 times. After the 2nd time that the trace was on the phone and the calls stopped, Kosman became suspicious. Julie, Mark and Kosman were the only 3 people who knew the phone was being traced. Kosman told Julie not tell Mark the 3rd time the phone was traced. Kosman told Julie he thought it was Mark making the calls.

Repeats the fact he thought Julie should not tell Mark. She agreed and they did another trace. Late '95 or 96' 4th trace and the calls stopped again.

Kosman wanted to rule Mark out as a suspect. The trace lasted 3-4 days and he stopped by to see Julie. Julie said the calls had stopped. Julie told him she had told Mark.

When asked why she did that, Julie replied that she didn't want to keep any more secrets from Mark. She'd kept the affair secret.

Where did photos turn up? Julie said Mark found most of the pictures near the front door area, in the bushes, by the garage, by the pool, on the deck, on a boat parked in the garage. Kosman assumed Mark had found them because Julie never said she found them.

Kosman suggested a camcorder to find out about where the photos were being put on Mark's truck (at his work). Mark had a camera he said he could use.

Mark said he could put the camcorder in the conference room, but then said it wouldn't work because the associates at work used the conference room. Mark also didn't want to have to explain to his assoc. that his wife had an affair, and that he was getting harassing photos.

Kosman said Mark was angry that Julie had an affair (many years ago) and that he blamed her totally for these things going on (phone calls, photos). It was taking an emotional toll and creating a strain on their marriage.

What a shocker, Albee is requesting a mistrial!

Quote of the day, Judge: "I don't think there is anything in this case that would cause this jury to have a favorable view of the defendant".

It's also not the prosecution's job to make the defendant look good - they're supposed to make him look guilty. It's the job of the defense to make him look as good as they can. Albee wants the judge to help him do his own job by curtailing the prosecution. Judge S isn't gonna have it!

Judge announces to the court that after discussing with the lawyers; it appears that they are on schedule with the trial. 5-7 weeks. 8 weeks on the outside.

When was the last time you spoke with Julie about the harassing calls and photos? Around the 24th, right after Mark started a new job in Racine.

So after Mark started the job, things stopped? That’s correct.

Cross ~

Kosman didn’t keep the voice mails from Julie.
When did you delete those voice mails? After I met with Julie.

Did you write report after meeting with Julie? Correct.

I assume when you write a report you try to be accurate? Correct.

The 2nd voice mail Julie left she said if I’m found dead, I didn’t commit suicide, Mark killed me. Correct.

That wasn’t anywhere in the report. You put that in the report only after Julie died. No.

Now Kosman says now that he didn’t put it in the report. He didn’t understand the original question.

When you met with Julie she complained that Mark didn’t think she was romantic enough? Yes.

Didn’t you think that strange? No.

Well at the last hearing, you didn’t mention it? No, I was mistaken, but it is in my report.

You called Julie at home. Julie said she was afraid the phone was being recorded. But, she also said Mark was acting strangely and she had taken photos of Mark’s notes. And this was on the phone she thought was being recorded? That’s correct.

You asked Julie to leave numerous times? Yes, at least 3 times.

And when you asked her to leave, she backed off on being so fearful. Correct.

You didn’t talk to Mark about this? No she asked me not to.

Both you and Ratzburg looked at the photos together? Yes.

You didn’t speak to Julie after that? No.

So if a neighbor says you were at the house, either Julie or the neighbor is mistaken? Yes.

Did Julie mention depression or treatment for depression? No.

Did you have contact with Mr. Jensen over the years? Maybe 6 or 10 times.

Did you ever see Mr. Jensen angry? No.

Mrs. Jensen never reported any physical violence? No.

Julie called and asked me to stop by and pick up photos of her engaged in sex. The photos are actually photocopies. Kosman determined it wasn’t Julie in the photocopies. She got them from Mark.

She thought it was her having sex with someone, not Mark? Correct.

How did you determine it wasn’t Julie in the photocopies? Kosman says because of the camera angle. It was not the same woman in each of the pictures.

Are you aware during the search of the home, Julie had a log of receiving those calls? Yes I was aware she was.

She had instances where she answered the phone to dead air or a hang-up? Correct.


8/25/95 police report…you prepared this report? Correct.

Her husband found the photograph? Yes.

Mark, not Julie, found most of the photos.

Next witness Perry Tarica. Julie’s lover.

Did you work with Julie Jensen? Yes, at Dean Witter.

Julie was a sales assistant.

Both Julie and Perry had kids and that’s how they started talking.

Were you married at that time? I was going through a divorce.

Did you know Julie was married? Yes.

Julie told Perry she was unhappy in her marriage. That Mark was weird and strange.

Did you start to have feelings for Julie? Yes, she was a sweet, simple person.

Albee objects to the line of questioning.

Julie and Perry had lunch together. Before work and after work they would talk and that’s how the relationship developed.

Did you have sexual relations with Julie? Yes, one weekend when Mark was away, she invited me to her home.

We had dinner and it was late in the evening. I was going to go home and she told me to stay over. Julie asked me to sleep with her. Perry stayed the whole weekend.

That was the only time they slept together. After that she told Perry not to contact her anymore. She was going to work on her marriage.

Perry sent a letter to Julie to her sil’s address about 6 months later saying he never made any phone calls to Julie. He never left any photos.

Albee objects to the reading of the letter on relevance. Judge asks to see the letter. Judge sustains.

Albee objects to the reading of the letter on relevance. Judge asks to see the letter. Judge sustains.

There’s nothing in the letter that says mine is bigger than your? No.

Did you ever send photos to Julie saying mine is bigger than his? Absolutely not.

Cross ~

Officer Hunter called you? I spoke with an officer; I don’t know if it was Hunter.

Perry doesn’t remember what was said in the conversation.

Did you tell the officer you had an affair with Julie? I don't remember the conversation.

Did you tell the officer you sent the letter? I don’t remember the conversation.

Perry got a citation for harassment for sending the letter to Julie. Perry never paid the citation. He was aware there might have been a warrant out for his arrest. Says he told the DA’s office and they said they would look into it. He does not know if it was taken care of and he took the chance by coming to testify.

1991 Julie filed for a divorce, which was later, dismissed.

Court adjourned! Watch for some Jensen Trial Musings in the morning!

Again, thanks ritanita and Intrepid for the great contributions!