Saturday, August 15, 2009

Cameron Brown Retrial: Day Eleven, Part I

Tuesday, August 11th, 2009

Prosecution Witnesses:

# Jack Laisure (former Port Marina neighbor of Brown; overheard Brown make statements; testimony complete)
# Chris Lord (co-worker of Brown at AA; had a confrontation with Brown at work; testimony complete)

(Until I can find the time to renumber witnesses, I will not be adding new numbers.)

I woke up late and missed getting a breakfast. And then I miss getting the 8:19 am train. That means I have no time to get anything in the cafeteria. When I arrive in 107, counsel and Judge Pastor are going over the scheduling of witnesses. Hum states one of his experts can't be here until the 18th. Hum states he will have witnesses this week. The court will be dark as of the 24th, and the 19th is a state mandated dark day.

Sarah is with four women friends in the third row near the aisle by the door. Patty is in the front row, wearing a burgundy jacket. Harris is telling the court about a personal commitment out of state. I'm not hearing it fully, it's something about a relatives wedding and if the courtroom goes dark early, then he will request to be dark on a specific date. I'm not clear what that date is. Harris states his witnesses will not go beyond September 8th. Judge Pastor is liking this information because he is looking to possibly start another case (jury selection I'm guessing) by the 14th.

There's an older couple in the first row, sitting in front of me but it becomes apparent they are not here for the current case because they eventually leave the courtroom. The defendant has been brought in and he's getting his tie on. Patty is leaning all the way back in her bench seat. To me, it's an odd position and I don't know how she is comfortable sitting like that. The defense clerk is in the first row bench on the left side. This is where she usually sits when she is in the courtroom. Hum and Veretsian chat about an issue that I can't hear. Brown still doesn't have his jacket on yet. One thing I've forgotten to mention, Patty has had her hair straightened (or styled?) since I first saw her in 2008 and I believe it's shorter. It does look much better than what I remember before. Harris, standing is chatting with the defendant who is sitting at the defense table.

Veretsian wants to get something on the record regarding several witnesses that will testify today. Cari Dunlop.

It's not clear in my notes whether or not it's Veretsian or Harris who presents the issue.

Just spoke to Mr. Hum. There is some info in the reports they are not going to bring up, however, there is something new. Mr. Hum just told me about some kind of incident the witness (remembers?) that he (defendant) screamed at her. It's not in the reports.

JP: When is Dunlop?

CH: Second witness.

JP: After first witness, we will address it.

Ms. Benson and Judge Pastor chat. There is one juror in the restroom and that is holding up bringing them into the courtroom. Judge Pastor then states that they can address the Dunlop issue now.

CH: One incident she related to us where the defendant got angry and started yelling at her.

JP: When did you become aware of this?

CH: In looking at my notes, on July 1st (?) 2009.

(If I heard that date correctly, that's bad for Hum. It should have been turned over immediately.)

Harris also brings up another issue he wants the court to know about. Christopher Lord was not on the witness list before. He does have discovery, so he is prepared. (I'm wondering if he didn't testify in the first trial; I'm betting he did.)

PH: Just want it on the record that it was an oversight.

JP: Understand that there are some oversights but counsel should be notified under 1054.

Patty flips through her notepad.

Judge Pastor brings up an issue with one of the jurors, #6 to counsel. The juror is concerned because she is being paid by her agency (employer) and they are now making her come in on weekends and work. Judge Pastor states he may call the agency and see what they have to say. Ms. Benson announces to the gallery in a loud voice, "People in the audience, please make sure your cell phones are turned completely off."

As the jury files in, Juror #6 stops to speak to Ms. Benson at the inner courtroom doors for a moment. Judge Pastor has a pleasant banter with his jury. He welcomes them back, tells them it's nice to see you. He then says something like, "Maybe you're not so glad to see me." Many of the jurors smile and greet him good morning.

The next witness is called, Jack Laisure. I'm terrible at guessing ages. He looks to be about in his mid to late 50's, but the tan makes it difficult to tell. Brown appears to be looking over at the jury.

CH: Do you know the defendant sitting at the defense table?

JL: Yes I do.

CH: Do you remember about when it was you met him?

JL: Early 90's. [...] We lived on the same doc in Redondo Beach. We both lived on our boats.

CH: What marina was that?

JL: Port Royal Marina. [...] C Dock.

CH: Did the defendant also live on C Dock?

JL: Yes.

There are questions about what type of boat the defendant had. Laisure at first doesn't remember the type of boat. Hum asks if it was a sailboat and the witness replies, "Sailboat."

CH: What type of boat did you have?

JL: A Delray (sp?) 24 sailboat.

CH: How exactly did you know the defendant?

The witness explains that the docks are a very social community. We know our neighbors. Everyone knew each other.

CH: Social community. How?

JL: We'd BBQ. Social events. It's not like an apartment building. We know our neighbors.

CH: Did you and the defendant do things away from the docks?

JL: Very rarely, but yes.

CH: Where did you go?

JL: One time we went to a marine store together (to get boat parts). Another time we went shopping for a new boat for the defendant.

Hum asks the witness if he remembers some of the people on the docks. I don't get all the names. Troy Nicole; Cari Dunlop.

CH: Are these people you knew from the marina?

JL: Yes.

CH: Do you remember the defendant talking about a girlfriend he got pregnant?

JL: Yes. (I can't remember the exact year.)

Hum asks the witness how he came to know this.

JL: He was speaking with the other people and I overheard.

CH: Who were the people?

JL: Troy Nicole, Scott Simpson and possibly Tony.

I think Hum asks the witness where Troy is, and the witness states that Troy is deceased. Hum then asks the witness if he remembers another conversation he overheard.

JL: He wanted to try to get her deported.

CH: Do you remember where she was from?

JL: England. [...] I think he was trying to get her deported because he didn't want to have a child. [...] (I) believe it had something to do with her overstaying her visa.

Hum asks if there came a time where the defendant moved.

JL: Eventually he left the marina. [...] People told me he went to Marina Del Rey.

The defendant was in Marina Del Rey for 2.5 years. He took his boat with him. Then, the defendant came back and was at the Port Royal for another period of time. When he returned, he had a different boat.

CH: Did he come back to C dock?

JL: No. He came back to B dock.

CH: When the defendant came back to the marina to live, did you overhear another conversation?

JL: Yes.

CH: Who with?

JL: Troy Nichols Scott Simpson and Tony. [...] (The defendant was) taking about child support and he couldn't afford it. He wanted to know what he could do to get out of it.

CH: Did he say anything about how much it was going to cost him?

JL: He was concerned about that.

Hum asks him if he overheard this conversation once or were there other times he overheard it.

JL: I heard this more than once but not sure how many times.

The witness states that afterwords, the defendant did move out of the marina (again). Hum asks if the witness saw the defendant on other occasions after he left.

JL: Would occasionally see him driving around town but had very little contact with him.

The witness describes the defendant's vehicle he had at the time. He bought an old army vehicle. It was very unusual; a big old army truck. A "deuce-and-a-half" (? This is my best guess as to what the witness said in describing the vehicle.).

JL: It was how I knew it was him.

CH: Later, did you learn about (a? his?) child that had died?

JL: I heard it on the 10 o'clock news.

That's the end of direct and Veretsian begins cross.

LV: You said this community living in the marina is a very tight community?

JL: Yes.

LV: Everyone knew each other?

JL: Yes.

LV: You knew Cari Dunlop?

JL: Yes.

LV: You knew her friend Tiffany? (Tiffany didn't live at the marina.)

JL: Yes.

LV: You knew TJ Wh...(?)?

JL: Yes.

LV: So there was a lot of gossip?

JL: Not so much gossip but just a nice easy (community?).

Veretsian asks when the defendant left the marina, if he left in 1999, but the witness doesn't recall. She then asks the witness about his interview with the detectives and that he told them the defendant left the marina a few years prior. The witness seems to remember that.

LV: You never talked to Mr. Brown about his daughter?

JL: No, not directly.

Veretsian now asks about conversations with various people: Scott Simonson. Troy Nicole. Tony. There are many questions about Tony, what was his last name (unknown) and if he lived at the marina. The witness states that at that time, he was working for Troy Nicole. He doesn't remember what year or time this was because it's been ten years. The witness does clarify though.

JL: In the 90's I had Troy as my cleaning service all through the 90's so, I can't recall.

Troy's business was cleaning the (barnacles?) off the bottom of boats.

Veretsian asks him if he ever talked to anyone at the marina about when it was Mr. Brown got a girlfriend pregnant. The witness thinks he may have. There are more questions about Tony and who else knew him. Veretsian asks some speculative questions about Tony that are objected to and sustained.

LV: The second conversation, that was 1998, 1999?

The witness states he can't give exact dates.

LV: Mr. Brown was still living at the marina? [...] When (you were) interviewed in 2001 by investigators, at that time you didn't tell investigators you overheard Mr. Brown wanted to deport his girlfriend?

JL: I don't recall.

LV: The first time you told them was several years later in 2006.

JL: I don't remember.

LV: Would looking at a report refresh your memory?

JL: It might.

LV: Did that refresh your recollection?

JL: Yes.

LV: So when you were first interviewed, you didn't tell them about the (first conversation overheard about deportation)?

JL: No, I did not.

LV: So, you only overheard one conversation?

JL: No, I overheard them talking about a couple of conversations.

LV: And that was about how much it was going to cost them?

JL: Correct.

LV: When you testified at the first trial, only two of the people were there. Now you testified there were three?

JL: Correct.

Cross ends and redirect begins.

Hum asks about the witness's testimony in a prior proceeding and shows him his testimony from the first trial.

In redirect, Veretsian points out that when he testified on direct, he didn't mention Tony's name. The question is phrased badly and Judge Pastor asks her to rephrase. It was only on cross that the witness previously testified that Tony was also there.

I believe this witness is finished and Judge Pastor asks counsel for a sidebar. I can see that Hum goes first then Veretsian. Harris leaves and goes looking for some papers then comes back to the sidebar. Brown appears to be watching the sidebar.

A young man enters and sits in the third row behind me. He has that DDA staff look. I'm betting he's a clerk. Young, clean cut athletic look. Nicely dressed. There is some sort of ID badge that is hanging from his belt. Patty is leaning all the way back in the bench seat. I'm still mystified how she could be comfortable sitting like that. The jury watches the attorneys. Some look like they are fidgeting. This sidebar is going long. It looks like this new information that Cari Dunlop overheard is not coming in. Yep. I overhear Judge Pastor say, "....discovery issue; I'm not going to allow it." Hum replies, "Just so we're clear...." Then Harris is now arguing. I hear Hum state, "His statement is actually the same as it has been before. It's 10 am. A few jurors yawn. Judge Pastor states, "We're making a big discussion about how long should we go..." Ms. Veretsian speaks; I hear Judge Pastor say, "Thank You," and that's it.

The next witness, Cari Dunlop is quite young looking to me, but I'm horrible at guessing ages. I'm thinking she's no more than 30. She's wearing a sleeveless dress and sandals. She's carrying a sweater. Her hair is either sun streaked or streaked blond. Her grown-out natural roots look medium to light brown.

CH: Do you know the defendant?

Ms. Dunlop identifies Brown. She met him at the marina, Port Royal. He used to live at the marina.
She believes it was in 1996, 1997. At that time she lived at the marina on a boat.

CD: I remember that we'd go to the Farmers Market (together). We used to run into each other at the (main? entrance?) gate.

The witness states she lived on B dock. She knew several other people on the docks. Try, Jack, Scott. The defendant was an acquaintance. Once she got to know him a little better, he stayed an acquaintance. They would go to the Farmer's Market together. It was a five minute walk.

CD: We also went for a hike in Palos Verdes (together), and then walked down to the beach.

CH: Do you remember if the defendant (said) that people came to commit suicide (there)?

PH: Objection! Leading!

JP: Overruled!

Hum asks his question again.

CD: I remember something like that. [...] This was something odd.

Hum asks her if she knew what the defendant did for a living.

CD: Baggage handler.

The witness remembers one time, when the defendant was out on a workman's compensation injury.

CH: Did you see him do anything (during that time he was injured)?

CD: Yeah. He surfed a lot.

CH: Did he say anything (about that)?

(I believe the witness states that the defendant was worried about being video taped while out on disability.)

CH: At some point did you ask him about (if he had any) children?

CD: I remember it very clearly. We were at an intersection (?) at the marina. [...] At first he laughed, and said, "I don't think so." I said, what do you mean? And he said, "At one point my girlfriend had a child, so I had her deported." He laughed.

That's the end of direct. Veretsian begins cross.

LV: You lived at the Port Royal marine in 95-96?

CD: Yes. 96-97. [...] You know that was ten years ago.

She left the marina in the spring of 98.

LV: You said you met Mr. Brown in the spring of 97?

I'm not sure if Veretsian asks or Dunlop offers this: He was on C dock and then he was on B dock.

LV: Do you remember when he moved to B dock?

CD: I imagine it was in 97.

LV: Did he move at (?) 97-98 from that marina.

CD: I know he had his boat on B dock. I don't know what he did after that. [...] It was more of an acquaintance; not a friendship.

Veretsian asks her about several names. A friend by the name of Tiffany, and Dunlop agrees. Veretsian asks about "T.J. Wheeler."

CD: I don't remember her last name. She was on (?) docks. (Her) parents boat. [...] I didn't know her very well.

LV: And he dated TJ?

CD: I don't know.

LV: And he dated Tiffany?

CD: Yes.

LV: You often walked to Farmers Market together?

CD: Yes.

LV: He never asked you out?

CD: No.

Cross ends and redirect begins.

CH: You said after a conversation you never developed into a relationship (friendship). Was there a reason for that?

CD: The comments he made about the ex-girlfriend having deported, that kind of put me off.

The witness states she clearly remembers the conversation about deportation.

(This witness verifies other individuals who testified about the defendant's wish to have the mother of his child deported. It's also interesting that around the same time (mid to late 90's) that Sarah Key-Marer states the defendant pointed out an area where someone had died off a cliff, although she states the area was Redondo Beach. This witness was told a similar story, except she puts the location in Palos Verdes, right smack in the same city that Lauren fell off a cliff and the story is about suicide. Coincidentally, Inspiration Point has had suicides.)

This witness is finished, and Ms. Benson attempts to swear in the next witness. She starts, and falters. She can't remember the oath! Smiling, Judge Pastor steps in and says he'll give it.

The next witness is Anne O'Mara.

Back in 1996 she was working for Kaiser Permanente as a medical social worker. She's an older woman, and I'm betting I hear that she's retired now. She explains her duties are to help patients who are not hospitalized, (out patients). She would work with child abuse, family problems, pregnancy, medical problems. She dealt mostly with out patients not in patients.

Hum asks her about when she was doing her job if she would take notes.

AOM: Yes. I'd take a few notes, then write up after the (consultation/appointment).

CH: Did you review some notes provided to you by a (defense?) investigator and did I also ask you to review an entire medical file for three years? [...]

The witness flips through documents handed to her and identifies 3-4 notes specifically in the file.

CH: Were there any other notes of a conversation with that person?

AOM: No.

CH: Are these the notes I asked you to review about three years ago?

AOM: Yes.

The pages are split into 1/2 page sections of notes. On the first page there are two notes. She's asked if she recognizes the writing. The witness states the top note is for a dermatologist and the bottom note is her handwriting. On the second page there are two notes. The bottom note is hers. On the third page there are two notes. The top note is hers. The fourth page has one note, typewritten, that is hers.

CH: Were these notes made at the time you spoke with the individual?

AOM: Yes

The witness is asked if in 1996 she was contacted by Mr. Brown. She's also asked for MR. Brown's birth date. I miss the exact date, but it's September, 1961. Hum asks her what was the nature of what he wanted to discuss.

AOM: He wanted an appointment to discuss the pregnancy of his girlfriend.

CH: Did he tell you how long he had been dating his girlfriend?

AOM: Two months.

CH: Did you have an appointment wit the defendant and the girlfriend? [...] January 9, 1996 follow up interview with the same person? [...] What was the discussion? [...] 1-9-96, what was the conversation about?

AOM: Pregnancy.

CH: On January 6th, '96, did you discuss with the defendant a paternity test?

PH: Objection!

Judge Pastor asks the witness a specific question. After he gets his answer, "Overruled!"

AOM: I discussed his interest in a paternity test.

The witness states that she told him there was an agency that could provide paternity testing. She believes she called the agency for the defendant.

CH: On January16th, '96, did you see the girlfriend and the defendant?

The girlfriends name was Sara Key, she was 27 and from England. She wrote in her notes it had put a serious strain on their relationship. She states options were discussed.

1. Continue pregnancy.
2. Marriage
3. Adoption
4. Abortion.

The witness at times appeared to read from her notes and I believe it's at this point that Harris is making objections to her answers. She's asked by (IIRC) Judge Pastor if she has any independent memory, or if she's just reading from the notes. She states that some of it is memory but she's not sure. Judge Pastor asks her to let the court know when she does not have an independent memory. She states her recollection is that they talked about abortion.

AOM: She wanted to keep and he wanting to terminate pregnancy.

CH: Did you set up an additional appointment and it was subsequently cancelled?

Afterwords, she never saw the person (Brown) again.

Direct ends and Harris gets up to cross.

PH: Do you recall you testified in a prior proceeding? [...] You were asked in a prior proceeding if you were asked, if you had any memory (of the appointments) and you could not recall.

AOM: Yes, and I had no independent (memory) without my notes.

Harris asks another question but I don't get all the answer clearly.

AOM: I'm reluctant to say that I.... I've had a lot of time to think about this situation and that this was coming up again.

Either Harris or the witness says that it's been fifteen years.

AOM: I... This what I think I talked about, to the best of my recall.

PH: In a formal interview with defense investigators, you told them you had no independent recollection...l and you told the detectives (the same thing).

Harris now asks questions about general terms (and I think abortion options).

AOM: People are generally aware of what options are out there, and it's more that they clarify what's important to them.

Harris now asks about her role, (which) is to talk about options.

A few people enter the gallery and speak to the bailiff.

PH: Do you recall indicating to Ms. Key-Marer that it would be a good idea to terminate this pregnancy.

AOM: I don't think I said that. I can't imagine I ever said that.

Harris now asks her to read her prior testimony.

PH: Does this refresh your memory?

AOM: I don't think I said that.

PH: Was this a "set up" between you and Mr. Brown to have Ms. Key-Marer to have an abortion?

Harris now presents to the witness the testimony of Sarah, as Sarah remembers it. There's first a question about an alleged statement that she supposedly made. (I believe about an abortion procedure being easier in the US verses England.) The witness states she doesn't recall saying that.

PH: Was this a set-up?

AOM: IT wasn't a set up. That would be highly unethical.

Harris asks her if Mr. Brown was quiet and the witness doesn't remember. Harris asks her about the paternity issue.

PH: Do you know about how long (in the pregnancy) before a paternity test would be safe?

AOM: I don't know. I would think after the baby was born but I'm not a doctor.

There's no redirect and the witness is excused. The morning break is taken at 10:40 am.

The defendant whispers to Ms. Veretsian. He then takes his jacket off and leaves it on the chair. He starts to remove his tie. Patty is wearing sandals today. The clerk sitting behind me moves to the second row then speaks to the bailiff. I see now. It appears he spilled something on the floor and needs some paper towels to wipe it up. Afterwards, the clerk introduces himself to Hum.

At the break, I tease Ms. Benson about forgetting the oath, and that I'll have to tell Dr. Adams about that. She states she hasn't done that in a LONG time! She says she got to the point, Do you state.. and then she drew a blank. She remembers the last time it happened, it was in Judge Wapner's courtroom. (She gave the wrong oath and Judge Wapner had to point it out to her. She mentions the specific oath, but I'm not fast enough to write it down.

Mavis comes over to me and thanks me for the compliment I gave her in one of my entries. Someone told her about it. She said she hasn't read it yet. Mavis comes across to me as a very gentle soul with a wonderful smile. I tell Mavis I don't remember which entry it's in either, but she's welcome. I also like the tone of Mavis's voice. It's soft and pleasant. It's easy for me to see why my absent friend Carroll likes to hang out in Judge Pastor's courtroom. He has a staff that all appear to like each other and work well together.

Harris and Hum are having a laughing banter about the cost of each others "alcohol bills" being a small fortune. Smiling, Hum replies, "I've seen (heard?) some dinners with you and Mr. Geragos and clients." If there is any animosity between these two, it's well hidden. This is a total 180 from what I watched in the Spector trial for five months. I stretch my neck a bit and Harris politely asks if my neck hurts. "No," I reply. "Just stretching."

Sammie Benson is back at her desk, still talking about the wrong oath she gave in Wapner's courtroom.

JP: Could we bring in the defendant?

Another LA Co. Sheriff comes into 107, approaches Detective Leslie and shakes his hand. They chat. I can tell the individual is an LA Co. Sheriff because of the small, standard green placard worn on the deputy's left lapel. I've seen many detective looking individuals in the 9th floor corridor and elevator bay with these badges on their jackets. They all say LA Co. Sheriff's and the officers name.

Hum informs Judge Pastor that this next witness is the last witness of the morning. It's almost 11 am.

The next witness is called. Chris Lord. He's an older man, balding in back with graying brown hair. Ms. Benson administers the oath, flawlessly.

Chris Lord works for American Airlines (AA). He's 53. (To me he looks a bit older than that but I'm terrible at guessing ages.) He's worked for AA for 21 years.

CH: Do you know the defendant?

CL: Yes I do. [...] We worked together at AA.

CH: Do you remember how long?

CL: I'm not sure the number of years. I don't recall who started first.

He believes he got to know the defendant just meeting each other through work.

CH: Are you a surfer?

CL: Yes.

(This explains the older to me looking age. I'm wildly guessing he spends a lot of time in the sun.)

CH: Did you have discussions with the defendant (about surfing)?

CL: Yes.

CH: Where?

CL: At work.

The specific discussions about surfing, they would be at work.

The witness is asked if he knows another person, David Banister (sp?). The witness is friends with David who, I'm gathering also works at AA. David is not a close friend of Lord; they basically talked at work. The witness is asked if he knows a place called "Mondo's." (sp?)

CL: Mondo's is a surf break up in Ventura that the defendant had taken him and Dave Banister to. [...] I don't think Cam paddled out that day.

CH: Is it a fairly popular surfing spot?

CL: Yes, it is.

CH: Did you ever see him (defendant) out surfing?

CL: No.

CH: Did you ever go to his house?

CL: Yes.

The witness thinks it was just one time, and the location was in Ojai, in Ventura County. There were several guys who worked for AA who surfed. David, himself and one other person were at the defendant's house that one time he visited.

CH: Did the defendant ever tell you he had a daughter?

CL: No.

CH: Did the defendant ever show you photos of his daughter?

CL: No.

CH: Did you ever think that odd?

CL: Well, you would think (he would be proud of his daughter).

After Lauren's death, (a group) all going up surfing. Someone asked Cam, "Are you afraid what happened?" And Cam replied, "I guess." The witness doesn't remember the conversation exactly.

CH: Do you remember the essence (of the conversation)?

CL: The essence of the conversation was about when Lauren passed away...

Judge Pastor interjects. I have a note here he said:

JP: The gist of what was said.

CL: He actually said, he was scared what happened. The death of his daughter. He had a look in his eyes, a look of fright. But I don't recall him ever saying he was afraid of going to jail.

CH: At some point did you learn about Lauren's death? [...] Did the defendant ever say anything about it?

CL: No.

Hum asks him if there was a time where he did see the defendant get very emotional.

CL: It was in the break room (at work).

The witness starts to talk about the incident. Harris calls for a sidebar, a 402 issue. Brown looks down at the table. I stretch my neck so I can peek over the edge of his right arm and I see that he's writing something. He then drops his pencil and looks in the direction of his attorneys at sidebar.

CH: At some point, the defendant took you and Dave Banister up at the surf spot, Mondo?

CL: Yes.

CH: At some point you took someone (named) Mr. Boterie (sp?), took him to Mondo?

CL: Yes.

Now the witness describes the incident in the break room. The defendant confronted Lord in the break room at work.

CL: He said, "Chris, how come you took James Boterie to Mondo. He can't surf there."

The witness explains that in his defense, in his conversation with the defendant, that it's a public area. Anyone can go there.The defendant continued (in apparently a threatening manner, voice and tone) "You're not supposed to take James Boterie there! That's MY spot!"

CL: When I looked at him, his eyes and, he raised his voice. (I saw rage in his eyes.) [...] And that look in his eyes...

CH: Was he yelling at you?

CL: Yes. [...] I'd never seen Cameron mad like that before. Just anger. [...] I told him it's a public each.

(Apparently, Brown did not like this other employee, James Boterie.)

Hum asks his witness to elaborate more on how the conversation started out, and when it first started, was it a normal conversation in a normal tone of voice.

CL: It started off as a normal conversation. And then it started up, because I took James Bolterie there.

CH: Had you ever seen the defendant behave this way before?

CL: No.

CH: Did it cause you some concern?

CL: Yes. [...] I tried to stay away from him after that. I didn't want to start a conversation (with him).

The witness states that he reported the incident to a supervisor, Gene Bayshore (sp?). He wrote a written statement. The witness states that he felt threatened.

CH: Why did you write a statement?

CL: Because Dave Banister..

PH: Objection!

JP: Overruled.

Judge Pastor gives a limiting instruction that this is not offered for the truth of the matter but goes to state of mind of the witness. After he says this the witness says on the stand, "I agree."

The courtroom laughs, especially the jury and the Judge has this priceless expression on his face.

CH: Based on what Dave Banister had had told you?

CL: (Banister told Lord, that the defendant) He was going to "come get me." I said (to Dave) "Get me for what?"

The witness states that he went up to Inspiration Point, the site where Lauren was found and took some photographs. He showed them at work. Hum asks Lord "What was it about that, that might have caused the defendant to threaten you?"

CL: Because I was told that I was hanging them up at work and I was not.

PH: Objection!

JP: Sustained! Answer is stricken.

CH: Did you hear any info that the defendant was angry?

CL: Yes. [...] I feared for my safety.

The witness clarifies that when he wrote that statement for Gene Bayshore, it was after the photos were taken.

CH: Did you provide this information to any other supervisor?

I believe the witness answers, Marvin Smith (sp?).

Direct ends and cross begins.

PH: Mr. Hum asked you about a written statement (provided?) to AA? [...] Did anyone of the investigators in this case show you this statement? [...] Mr. Hum or Detective Leslie?

CL: No.

Harris asks the witness to do a quick thumb through (I'm not positive from my notes what the witness is going through. It "might" be his personnel file.).

PH: Does that appear to be a portion of your personnel file?

CL: Yes.

PH: Did you ask AA to provide you with a copy... [...] Do you know if your personnel file was subpoenaed?

CH: Objection!

JP: Sustained.

PH: So you told them this statement exists (and?) they could get a copy?

CL: That's right.

PH: You were given choices about Mr. Brown, whether he was a friend, acquaintance, and you replied (I think the rest of the question is:) he was a "work friend."

CL: Yes.

PH: Do you remember telling Detective Leslie you were never friends?

CL: I don't remember that.

PH: You don't ever remember ever telling him (Det. Leslie) that you weren't friends, never friends, just co-workers?

CL: I don't remember saying that.

PH (You testified) you found that odd that he never mentioned his daughter.

CL: Yes. You would think...

PH: How well would you say you knew him (defendant)?

CL: No, not that well.

(This next statement I have as Harris making, but it's a double negative, and usually when that happens Judge Pastor asks counsel to rephrase. I'm not positive if my notes are correct.)

PH: You don't find it odd that he didn't tell you about daughter?

CL: No.

PH: Do you remember questions about Mr. Brown being cheap? [....] Do you remember Detective Leslie asking you, "Did he come across as cheap to you?" and what was your answer?

CL: No.

PH: And Detective Leslie asked you if you could identify any girls that Mr. Brown date?

CL: I don't recall that.

PH: Do you know who Mark Thomp (Thompson?) is?

CL: I heard the name, but I don't know him.

Cross is finished and redirect begins.

Hum hands the witness a document.

CH: MR. Lord look at the point in the interview with Detective Leslie. Please read it to yourself. [...] When you spoke with Detective Leslie, you were remembering as best you could remember?

CL: (Yes.)

CH: Do you remember a place in the interview where Detective Leslie asked you about if you knew the defendant had a daughter? You had known him for a number of years. And you said, "I mean if you had a daughter, you would be proud of your daughter?" Do you remember those questions by Detective Leslie?

CL: I do. I do now. Yes, now.

Redirect ends and recross begins.

PH: You said you knew him not that well?

I miss getting the answer.

Judge Pastor tells the jury to return at 1:15 pm.

Hum and Harris discuss with Judge Pastor the line up of the next few witnesses. Bayster, Simons, friends of the defendant and things he say about Ms. Key-Marer. "Dodge" will be tomorrow, who will testify as to the defendants other emotional outbursts.

Judge Pastor wants counsel to see if maybe they can add more witnesses (since they ended the morning break early.) Hum states he will check and see. Harris brings up the point that if that's the case, it may inconvenience the defense since they might not have the files for that particular witness.

JP: I don't see these witnesses taking all afternoon. [...] Do your best folks.

That's it for the morning recess.

I need to add several personal notes here.

First, real life responsibilities have cut into the time I have to write up my trial notes. I will get to them all; it will just take some time.

Second, Thursday evening at the close of the court day, I asked Ms. Kim when would LA Co. Sheriff Deputy Falicon, (also a criminalist with the LA Co. Sheriff's crime lab), be testifying and she told me it would be in the morning. I told her I was quite disappointed since I could not attend the morning session and I know Deputy Falicon. I really wanted to see him testify. I saw Deputy Falicon testify in the Spector trial. If I am remembering correctly, before he was employed as a sworn LA Co. Deputy Sheriff, he worked for the FBI. I will have to check my notes.

When I got a personal tour of the Hertzberg-Davis Crime Lab by none other than (exceptional scientist and criminalist, and a personal hero of mine) Dr. Lynne Herold, Deputy Falicon and Bob Keil conducted the section of the tour covering the Firearms Department and I got to know a bit about Officer Falicon. I still bothers me that I have not had the time to write up my notes on that tour and they will probably be comprised of several entries since Mr. Sprocket and I spent about ten hours there. I was really impressed with Deputy Falicon. I know that he is a fully sworn deputy, uniform, gun, did patrol, etc. He was assigned to the crime lab many years ago to learn scene photography. From that he learned fingerprint comparison and chemical processing for fingerprints. During the Spector trial, there was an opening in the Firearms Department. He spent two years learning firearms examinations. He's a very skilled officer.

Third, I woke up this morning with a very scratchy throat and stuffed up sinuses. Bottom line, I'm sick. I'm hoping I will be well enough to attend court next Tuesday. I'm going to get some rest before I work on Day 11, Part II.


Jobeth66 said...

Feel better, Betsy! We really do appreciate the work you're putting into this.

Oh, and you're correct - it would be a deuce and a half truck. That's one of those big military transport trucks you'll see on the highway from time to time. 6 wheels, canvas top on the back. They're popular for out in the desert, and you can usually pick them up at military auctions pretty cheap.

Anonymous said...

Much appreciated on your reports from the courtroom, Sprocket!!
Get some rest... eat some chicken soup... stay warm!!
Anxiously awaiting more...


Anonymous said...

Hi Betsy! Long time no see! Thanks so much for this coverage of the trial.

For the sinuses - try a couple of drops of Oil of Oregano in your OJ each morning and that will help a lot!

hetherfly said...

Hope you're feeling better today.

Sprocket said...

I am still very ill. Today my temp finally came down from 102 to 100.4.

Since this nasty stuff has settled in my chest I believe I will have bronchitis for some time to come.