Thursday, August 6, 2009

Cameron Brown Retrial: Day Five

UPDATED!

Friday, July 31st, 2009


Prosecution Witnesses:

Morning Session:
# 13 Sgt. Jessica Paige Brothers (LA Co Sheriff Sgt. at scene; testimony complete)
#14 Lt. Richard Erickson (LA Co Sheriff Lt. at scene)

Afternoon Session:
#14 Lt. Richard Erickson (LA Co. Sheriff Lt at scene; testimony complete)
#15 Antoinette Martinez (LA Co. Sheriff Deputy who responded to scene and gave death notification to Sarah Key-Marer; testimony incomplete)
#16 Jeffrey Leslie (LA Co. Sheriff Homicide Detective, one of two lead detectives; testimony incomplete)


I was able to catch the 12:25 trail. I'm going to be on time. Up on the 9th floor, I'm sitting beside a sheriff who is waiting to testify. I saw him try the door as I was walking up so it's a good guess that he is the next witness or a witness already on the stand.

Across the hall and a little ways down, I overhear snatches of conversation from some of the male jurors. They're discussing solar panel production and corporate farming.

1:18 pm: Ted arrives.

Now I hear juror #1 chatting about how at one time he was working as a waiter and the food that people would leave on their plates. I think the discussion is about the plight of farming and food waste and I have a bit of an internal chuckle.

Susan Kim arrives and I ask her which witnesses I missed. She states that Sgt. Jessica Brothers wrapped and Lt. Richard Erickson is still on the stand.

1:29 pm: Patty Brown arrives. She was missing a few days. When Harris arrives in the hallway I approach him and ask him if he has a moment. He anticipates my statement and says, "It wasn't you, right?" I inform him it was another blogger and that I never covered the Peterson case. He asks me again if I have 1 million page loads a day. I tell him that's incorrect; that my blog has reached 1 million page loads in two years.

Inside 107 the attorneys set up their case binders. I note that the defense has a laptop; the prosecution doesn't. If they do, I'm not seeing it at the table. Officer Lt. Richard Erickson is still on the stand. The pretty blond is not here but there is a young man sitting on the defense side.

Outside in the hallway before the doors were opened, Detective Leslie, Hum, and Kim exchanged some friendly banter with Officer Erickson. There is chit-chat about Erickson being so tall. He states he's six foot-five. Kim asks if he played sports and he replies, "Basketball, yes." I believe it's Hum who states that Detective Leslie is the athlete. I ask him what sports he played. He tells me he used to do Rodeo. Leslie has a very beefy, stocky type build.

Back inside 107, Pastor is on the bench and he chats pleasantly with the witness about something mundane. Patty sits in the front row on the far left right beside the aisle wearing an all blue outfit. Ted is sitting in the third row. I note that Sarah is nicely dressed in a black top with ruffles and black and white weave pants.

1:34 pm: The jury enters.

Direct continues with Lt. Erickson.

Hum goes over probably his last questions with the witness before the lunch break. He was asking him about the defendant's demeanor at his first contact and then at the base of the cliff.

CH: Was there at any point where, after he went out to Inspiration Point and back at the picnic tables, the defendant let off a heavy sigh and put his head into his hands? [...] He never cried? [...] He never sobbed?

(I believe all the answers are in the negative but I don't have it in my notes.)

CH: Did the defendant pointed to where his daughter fell off the cliff?

Where I'm sitting (in the first row) I can't see the photos. They are going over Photo B on the exhibit.

RE: He was at the tide pool when he first pointed. [...] He was just pointing upwards and to the right.

CH: He pointed to the upper right hand area, up at the cliff.

RE: I asked him if he was pointing to the projection and he replied, "Yes."

That's the end of direct and Veretsian gets up to cross.

LV: Didn't the captain tell you that Mr. Brown told him that he did scream?

RE: No.

LV: What time did you arrive?

RE: I would have to look at the log to verify the correct time, but it was about 1/2 hour from the time he received the call.

The witness states he pulled up to the road to the archery range, checked in with the deputies then proceeded to the archer range.

I notice that the pretty blond has arrived and she sits in the third row, closer to the aisle near the door. The incident log is presented to the witness. The incident log is a log of personnel that go into and out of a crime scene.

When the witness arrived, the body was already covered. Deputy Brothers was close to the picnic table, she was standing very close. The defendant was sitting at a picnic table next to the one with Lauren's body.

Veretsian shows the defendant photos, possibly downloaded off a computer that are printed on paper. I'm quite surprised by this. I'm spoiled by my experience in the Spector case where the prosecution had large 14" x 18" glossy color photos made by the LA Co. Sheriff's crime lab.

These appear to be photos of the defendant and Deputy Brothers at the picnic tables. The witness verifies that the image appears to be Brown.

I observe Patty write on a notepad. (This is something that I continue to see on the days ahead.)

The witness states he spoke to the deputies at the scene. His job was a supervisory role at the scene.

LV: Brother's said she had talked to Brown and she told the witness what he had said to her?

RE: (Yes, or Correct.)

LV: Asked if anyone had gone to the scene from where her body had been retrieved [...] (You?) described (his) demeanor as calm and quiet?

RE: Those are terms that would be accurate.

I see that Patty and a defense team clerk leave the courtroom together. This clerk, a young woman has been in and out of the courtroom a few times the last few days. She normally sits on the short row of benches on the defense side of the room near the inner courtroom doors.

RE: WE had deputies at the cliff at Inspiration Point, so I don't know the exact number.

LV: Would you say there were ten to fifteen officers?

RE: I don't recall.

LV: You asked Mr. Brown to accompany him to the area the body was retrieved?

The witness states he was worried about the tides carrying away evidence. He had Brown retrace his steps with him. When the defendant spoke to Deputy Brothers, the witness had stepped away from the defendant to where the cars were parked ten to fifteen feet away.

RE: He was talking on his own. Most of the time he was retracing his steps telling me what had happened.

Patty Brown reenters the courtroom.

The witness states that the defendant never said that she (the victim) initiated the hike.

LV: He told you he seated himself to take a rest [...] and at some point he turned his head? [...] He also told you his daughter was playing around?

(Not sure if this is a question or answer.) He said he warned her not to go too near the edge.

RE: He described it as a slipping, loose gravel sound. [...] At that point he turned around and she was no longer on the cliff. [...] I was there to retrace the steps and gather any evidence.

Veretsian questions the witness on his role at the scene, challenging him that he did not write a report on his activities I believe.

LV: This was an investigation?

RE: No, it was evidence securing and (impossible?) evidence retrieval. [...] It wasn't my job responsibility. My responsibility was to supervise the scene. (Investigation) That was the duty of the deputies.

LV: Did you prepare a report?

RE: No.

Brown supposedly described a nude beach area.

LV: He told you he ran down to the nude beach are?

RE: Yes.

LV: And the reason he did that was to call 911?

RE: Yes.

More photos come out again. Veretsian pulls out the rolling bulletin board and Judge Pastor leaves the bench and enters the jury box. Harris comes over so he can see the photos. Veretsian can not find the exhibit she wants. Hum tries to help. No one can find the exact exhibit she wants to show the jury. People's #17 is finally found and a few areas in the photos are pointed out.

LV: Mr. Brown told you he found the body on the eastern side of Inspiration Point?

RE: Yes.

LV: The area that Mr. Brown told you he had retrieved the body from? [...] It's not a calm area?

RE: There is some ebb and flow of the tides.

LV: And there are some waves crashing?

RE: Yes.

LV: It (the water) goes under Inspiration Point and there are some waves crashing?

RE: Yes.

LV: There's no guarantee that if there was anything there it would stay in that spot?

RE: Correct.

There is a question I believe about where the body was retrieved.

RE: I would have no way to know that.

Veretsian asks the witness if he knows how high the cliff face was, and if it was approximately 120 feet. The witness states he was not sure, but thought the height was closer to 300 ft.

LV: When you were first told where she fell from, you were at the base of the cliff?

RE: There are some abutments that obscure the top of the cliff from the bottom.

The witness stated he had to move back, about ten feet to see the top. The defendant looks over at the jury area.

LV: As you sit here today, you don't (miss getting the rest of the question).

RE: He indicated that part of the cliff, the protruding point. But from the top, no, I couldn't be more specific.

People's #19 is brought out again. Photo B. The witness is not sure where Lauren was in that area of the point.

LV: As you were talking to Mr. Brown at this time, he was calm?

RE: Yes.

The witness states he's been an officer for 24 years.

LV: You've seen a range of reactions from people who have experienced a loss. You've seen people be calm?

RE: I've never seen that in a violent death, especially with a family member. [...] They're usually upset.

LV: You've testified that you've said you've seen a range of emotions that people react to a loss?

RE: When you're asking for a range, in violent deaths, I've seen people scream, pray, speak in tongues. [...] But I've never seen anybody remain completely calm.

LV: When you first saw Mr. Brown, it had been 1/2 hour (since?)

RE: Probably more than that. [...] People pass away in their sleep; people remain calm. But violent death, it's pretty traumatic and it's not expected.

LV: Mr. Brown did tell you that he couldn't get around to where he wanted to go on the beach line, to his daughter's body? [...] He told you once he got there he took off his clothes?

RE: He indicated when he went into get her body, he stripped down to his underwear and jumped in.

When I hear this testimony, I'm shocked. I had no idea the defendant took the time to remove his clothes when he went into the water to retrieve Lauren. (When Detective Leslie takes the stand next, he testifies as to the explanation the defendant gave for why he did that. For me, it's an eye roller.)

LV: Would you say it's easier to swim without heavy clothes on?

CH: Objection! Facts not in evidence.

JP: Sustained! The question is stricken.

LV: He told you he took off wet his wet underwear and redressed fully?

RE: Yes.

(I'm trying to remain objective but this additional information just stood out to me.)

LV: He told you he tried CPR?

RE: Yes.

LV: He told you that he attempted to check for a pulse?

RE: I don't remember. He told me he did perform CPR.

LV: Do you remember testifying at a previous proceeding that he told you he check for a pulse?

RE: I don't recall.

The jury looks a bit restless, bored. I saw this sometimes with the Spector jury with the cross examinations that would drag on and on.

LV: Did he tell you that she wasn't breathing? [...] After he redressed himself and he originally put her over his shoulder, then he changed that (holding position) to cradling her?

RE: I don't remember the order. It was just part of the conversation.

LV: He told you he took her to the archery range area? How far is that?

RE: 200 yards, possibly.

LV: He told you he put her on the table?

RE: Yes.

LV: Did he tell you that once he got there, at the tables, the deputies arrived?

RE: I don't recall him mentioning that.

(I have a note here that several of the jury appear bored. It's possible that her long drawn out cross has lost the jury.)

LV: Did you ask him about the paths or trails that he took to get to Inspiration Point?

RE: No. He just indicated he'd come from the west side of Inspiration Point. We didn't get into detail.

Harris doesn't appear to be watching the jury for her. Maybe their clerk is.

LV: Once you came back to Brown to the archery range... [...] And he put his head in his two hands?

RE: Yes.

LV: And he let out a sigh?

RE: Yes.

(I wonder, is this the extent of the defendant's emotional response to the violent death of his daughter?)

I note that she is taking too long between questions, flipping back and forth in her clipped papers. There are couple more questions she asks but my notes are not clear. That's the end of cross. Hum redirects his witness.

CH: The defense attorney asked you if you had taken the defendant to Inspiration Point. Why not?

RE: That area had already been secured by two deputies to wait for the homicide detectives.

The drive area at the top of the point.

CH: Why take him to the base and not the top?

RE: My concern was for evidence. Concern for evidence possibly washing away by the tide. [...] So I could go out there and secure evidence. [...] It was getting dark.

CH: You had no concerns for the evidence at the top?

RE: At a death, it's the job of homicide detectives, their job to investigate death.

That's the end of redirect and Veretsian gets up to recross.

LV: So you're saying Inspiration Point was secured?

RE: Yes.

LV: And secured from Palos Verdes? [...] (How about the sides, from the trail areas?)

RE: Unless you can fly, you can't get there from the side. [...] We had deputies on the hiking trails. [...] I know that we had much of the area covered.

The witness reconfirms on cross as to where the deputies were to secure the area. I have another note that Veretsian does not appear to be organized in her cross examination notes. She's now going over his testimony from the grand jury, page 8.

LV: Did you testify before the grand jury that MR. Brown tried to do CPR? [...] He tried for a pulse? [...] That after that he picked her up.... tried CPR?

I have in my notes that the break is called at 2:45 pm. Apparently this witness is finished and there is no more redirect. Judge Pastor asks counsel to approach for off the record discussion.

To be continued
...

UPDATED!

The People's exhibit #19 is still up on the bulletin board beside the jury room. I lament that I wish the photos were put up on the overhead screen so I could see them better. I guess I was totally spoiled by the Spector trial. Harris stops and looks at the exhibit up on the bulletin board before entering the jury room to use the restroom in there.

At the break, I note that Patty has a man's suit with her. It's a complete set of clothes for her husband; white shirt, tie, jacket and pants on the bench beside her.

Counsel and the judge agree on a time to start Monday morning, 9:30 am.

Court resumes with the next witness, Detective Antoinette Martinez. I note that Mavis is the court reporter for the afternoon session.

Martinez is a deputy sheriff, a detective. She's been a sheriff for 24 years. On November 8th 2000, she was a detective assigned to the homicide division. The sheriff's homicide bureau is a centralized bureau. She received a notification of a death from the Lomita station. She was assigned to go by herself. Whether a detective goes alone or with a partner to a death scene depends on the circumstances. The detective saw the media presence at the scene. There were news vans and reporters. She was then advised that a new homicide team would be dispatched.

She spoke with Detectives Leslie and Smith when they arrived in the area of the archery range.

She was then dispatched to the Lomita Station. She spoke to the defendant's wife, Patty Brown. Hum asks her if she discovered Ms. Brown's birth date. Harris makes several objections and there's even a sidebar, but Judge Pastor eventually over rules him. We learn Patty's birth date. October 23rd, 1952.

CH: Did Patty Brown tell you what her date of birth was?

AM: Yes.

After she spoke with Ms. Brown, she was sent to the Carson station. She spoke to Mr. Greg Marer on the phone and directed him to go to the Carson station. When she arrived at the station she spoke to the watch commander and requested a room. She obtained the detective bureau's lieutenant's office. She went into the office to sit down with Mrs. Marer and Greg Marer. She asked them both to sit down. She notified them that Lauren was dead.

Sarah Key-Marer's reaction was hysterical. She began crying. She put her face in her hands and made several statements. She was screaming and crying so loud, that it brought detectives from other parts of the station to see if she (the officer) needed any help. She requested that the station call a chaplain.

(As I hear this detective recount giving the death notification to Sarah, my eyes start to well up. I remember Sarah's testimony on the stand and the end of the first day of trial and how she was trying to hold back from crying.)

The detective states that it appeared to her that Ms. Marer was going to vomit. She was starting to dry heave. She grabbed a trash can and moved it towards her. Ms. Marer vomited in the trash can.

CH: Did you try to get any information from her?

AM: No sir. [...] She couldn't even understand the questions I tried to ask her.

CH: How many death notifications have you given?

AM: Over 100.

CH: Why do you specifically remember this death notification?

AM: Because it was a young child. And, I've never seen a parent react that way. It was devastating.

That's the end of direct. The defense is not prepared to cross at this time and is asking to cross the witness on Monday at 9:30 am. It's agreed.

Hum calls his next witness: Detective Jeffrey Leslie.

Leslie has worked for the LA Co. Sheriff's Department for 25 years, but a few of those years were not as a sworn deputy. In November of 1984, he was hired as an intern deputy. There was a program at the time, to try to fill sworn positions with civilians. He worked for the sheriff's in a non-sworn position. He was at the Norwalk station working as a court liaison, keeping track of the deputies that were testifying (in court). The first Wednesday after his 21st birthday, he was sworn in and he went to academy training.

Leslie details all his training as well as all the training he received to become a homicide detective. After that, he details his work history with the Sheriff's Department. He started off in inmate reception at the men's central jail and worked there for 2.5 years. He was then assigned to the Firestone Station. He covered areas in and around Watts as well as local detective work. He was working the day shift as a detective working crimes ranging from theft to assaults. He then was moved to the night shift where he ultimately wanted to be. On the night shift, detectives could initiate investigations. He worked as a complaint department watch dispatcher and acting watch Sgt. on several occasions. The then lists other assignments he's held, prior to homicide. He was promoted to Special Investigations, Metro Detail. He handled kidnap, murder for hire, serious robberies. He was in that position for 2.5 years. He then transferred from withing Special Investigations to Homicide. (I have a date of March 21st, 1999, and that might be the date he moved to the Homicide Bureau.)

Leslie testifies about the type of deaths the homicide division investigates. They could be deputy or other officer shootings, suicides, suspicious or other unexplainable deaths. He's investigated at least 100 or more homicides in the last ten years.

In addition to his training, he's lectured to patrol deputies on initial response to crime scenes. He's been a monitor for practical application of homicide school. Leslie explains that, "We're given a practice application, a murder or suicide scene. In order to process the crime scene, (the monitors) are there to answer questions and provide direction (to the students)." Detective Leslie states he's testified in state court, grand juries, federal court and foreign courts.

Leslie states that not all deaths he investigates are classified homicides. The deaths could be suicide, accident or undetermined.

Leslie's training partner for his initial year in Detective Bureau was Thomas Kerfoot. (I believe this name was on the Spector witness list, but never called. I'll have to go dig that up.) After that year, he was then assigned a partner, Detective Smith. Detective Smith and Leslie go back a long ways. He's known him for over 20 years. They've been partners in various departments off and on over the years. They worked almost the same units. He knew him personally, outside of work. Detective Smith was senior to him only in time at the Homicide Unit. Neither was senior to the other in their work. Both made decisions. He states that he has a personal relationship with Detective Smith.

CH: Was there anything about the relationship that would lead you to do something that you didn't want to do?

JL: Absolutely not.

There are several questions that Hum tries to get in about their personal relationship outside of work but Harris successfully gets every one sustained.

On November 8th, 2000, he became involved in the investigation around 6:20 pm. I believe he states that they received the call an hour before, and arrived on the scene at the later time.

He saw the defendant, Cameron John Brown at the scene and identifies the defendant. At the scene, he had some brief contact with the defendant. Brown agreed to go to the Lomita Station with the detectives for an interview. Leslie and Smith did some investigation at the scene. Leslie states he spoke to Officer Brothers and Sgt. Erickson. He investigated the base of the cliffs, the archery range and the space between.

CH: Did you in fact interview the defendant at the station? [...] When did it start?

JL: 25 minutes after midnight. It ended at 3:30 am.

During the interview, the defendant was still wearing the yellow, off white t-shirt, light colored shorts, light hiking shoes, white socks and a long sleeve flannel shirt.

Detective Leslie had the defendant photographed in his clothing. People's 28, Photos A-D. These enlarged photos are put up on the bulletin board, that is not immediately put directly in front of the jury. I get to see them. Oh my. There is a large red bloody stain over the back left side. High up on this side of the back. (I would describe it as over the trapeizus muscle, or slightly above the scapula. There is also a small amount of blood on the front of the left shoulder of the shirt. Leslie describes the blood found on the defendant's shirt. Matted dried blood. Thick coagulated blood and some bio-material.

At the time he did the interview, the defendant was 39 years old. His date of birth was October 21st, 1961. His height was estimated at about 6'2" and his weight he guessed was somewhere around 220 to 230 pounds. He was significantly heavier than what he appears in court. (Brown is rail thin in court.)

JL: He told me he was an expediter; a baggage handler. He loaded and unloaded luggage from planes and moved it to the next plane.

The defendant initially said he was hiking with his daughter.

JL: That "she" wanted to go out on Inspiration Point. That she was throwing rocks and that he told her to stop. [...] I asked him to stop and start at the beginning.

(Unfortunately my notes are not clear here as to what the detective is stating. Something about Brown "not" having custody granted.)

Brown described to detectives his visitation time with Lauren. On one week an overnight stay; the following week an afternoon for about six-seven hours.

JL: He said he had non-supervised relationship for about a year. [...] He did not have a very good relationship with the victim's mother.

CH: Did he tell you that he picked up Lauren from school?

JL: He told us about Lauren's demeanor. That she was sick and didn't want to go with him. A teacher was present. [...] He did pick Lauren up from school.

The defendant stated the original plan, he originally wanted to take Lauren back to Patty's house in Palos Verdes Estates, and that his wife was expecting him. The defendant said he changed plans because Lauren was so upset. He decided to take her someplace else, because she was so upset. The defendant stated he had taken Lauren to a playground at Abalone Beach Cove. He stated he made several attempts to reach Patty. He was ultimately able to contact Patty once he got to the beach.

The defendant said they walked down to the beach and said he got there between (I miss the time). He said he had never been there with Lauren before. (With that, I get one of my earlier questions answered.) The defendant stated he was familiar with the area but had not been to that specific spot before.

He said that Lauren played on the equipment for about 20 minutes. She just wanted to hike and they began hiking. The defendant said that Lauren was the one who wanted to hike.

CH: Did the defendant say anything about (what happened) during the hike?

JL: He said that he tried to keep up with her, but she was far too energetic.

The detectives talk to him about his physical condition (the back injury?) due to his job.

JL: The defendant stated that he used to run marathons until a lower back injury, but that he surfed for daily exercise.

CH: Did he ever indicate that he was in front of her at any time?

JL: No. [...] He said that they went to go out onto Inspiration Point because she wanted to go out there, so he just followed her out there.

(Okay. I have to say something here. I have questions. What responsible parent, in a situation like this, just follows along after a four-year-old child, letting the child lead them? Why didn't he take charge of Lauren? Why didn't he have a hold of her hand? Why would he "consent" to letting a child lead him out on this dangerous piece of real estate?)

CH: Did he describe (where they went)?

JL: They went out to the end of the point. [...] They sat at the end of the point that he described as a "U" shape. [...] He said they sat four feet from the end of the point.

CH: He was sitting?

JL: He said she was standing off to, right off to the left behind (him). (I think my notes may be incorrect here.)

CH: Did he say how long were they on Inspiration Point?

JL: About ten to fifteen minutes, with about five minutes seated at the end area. [...] (He) originally stated (he was) pointing off to the left. Lauren was on his right. [...] He heard a nervous "ah-oh" and Lauren was gone. [...] He said he looked off to the left and Lauren was gone.

CH: Did you come back to the story a second time?

JL: The second time, he told us she was on his right, two feet away. [...] He hears a nervous "uh-oh." (He) looks. This time he sees her feet going over the cliff as if she was throwing rocks.

On the first description, he never saw her feet.

The third description, he's looking off to the left, she's off to his right.

JL: This time he hears a nervous "oh-oh" and he sees her upper arms and torso going forward and her upper torso going over the cliff.

The versions are gone over again for the jury.

The first version he says he hears an "ah-oh" and sees nothing.

The second version he says he hears a nervous "oh" and sees just her feet (go over).

The third version he hears "oh-oh" and he sees her going head first as if she's going forward. He sees her back and her (left?) arm going over.

CH: There was conversation in between (the three descriptions)?

JL: Various topics.

The defendant stated he did not hear her hit anything on the way down. He could not see over the cliff on the way down.

CH: At the time did you know what he told Captain Curcio?

(No.)

The defendant said he then went inland. He went down on the beach yelling to call 911. He went in that direction because he saw people there on the way up.

JL: He said he had trouble positioning himself on the beach to get a signal and that he spoke with two different dispatchers.

The defendant listened to two different dispatchers. The 911 call was approximately five and a half minutes. The defendant did not explain why he didn't have someone else to call 911 while he went to his daughter. The defendant tells Detective Leslie that (when he got to the other side?) he saw his daughter floating face down in the water. The defendant said he saw her body floating in the inlet two thirds of the way from the flat rocks. She was face down in the water.

JL: He told us he removed his clothing and left his boots on. [...] He said he swam out, collected her and laid her on the rocks adjacent.

CH: Did the defendant give a reason as to why he took his clothing off?

JL: He said he saw it on an episode of Baywatch and didn't want to be cold later on.

The defendant entered the water wearing his underwear. When he got out of the water, he said he flung his underwear onto the rocks. (He redressed.) He picked up her up, held her over his shoulder and began to run to the archery area. The defendant stated he could feel the back of his shirt getting wet with blood and he changed position and carried her in front of him.

The defendant said he met someone coming down the hill on the way to the archery range. He placed her on a picnic table and "straightened her arms and her legs out." He just straightened her arms and legs. The defendant said he didn't have enough time between the picnic tables and the time the paramedics arrived to perform CPR at the archery range.

Hum asks the witness to describe the witnesses demeanor while he is describing what happened to his daughter and what he did afterwards.

JL: Unemotional. Matter of fact. Incredibly indifferent.

CH: Did you confront the defendant about his demeanor?

JL: We confronted him with the fact that he was totally unemotional. There was no pitch or rise in his voice. [...] He told us that he was emotional earlier in the day and he said he could not stop crying while on that 911 call.

(I have a note here, wondering if I can get a copy of the transcript of the 911 call. I'll have to ask Sandi Gibbons, the DA's spokesperson.)

People's #32 is the transcript of the 911 call. (I believe People's 31 is the actual tape.)

The tape is very hard to understand. I hear at the beginning the words, "Oh shit. Oh man." I hear the phone number of the phone he borrowed. "My daughter fell off a cliff..... 100 yards."

(In listening to the 911 call, the thing that strikes me is that the defendant sounds so calm.)

"She fell off the east point near the archery range." And at the end of the call, "Okay! Thanks a lot!"

CH: Is that the 911 tape you received? [...] Is that the 911 call where he said he couldn't stop crying?

And that's the end of testimony for the day. The Judge admonishes the jury. Judge Pastor tells the jury that the clerk, Ms. Gifford, this is her last day. Ms. Sammie Benson will be here on Monday (back from vacation).

Off the record, the defense wants the 24th off of August. Pastor states, "My first inclination is to say no. Counsel can talk about the 24th off the record."

Pastor is a stickler for going right to 4:15 pm, then releasing the jury. Afterwords, Pastor is very strick and does not let counsel go on much after that, because he's mentioned several times, "We're going into overtime for the staff, and I'm going to release them. You can continue off the record."



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