Tuesday, May 31, 2011

James Fayed Penalty Phase: Jurors Vote DEATH!

James Fayed, left with his penalty phase attorney, Steve Meister

Note: Spelling errors corrected. Sprocket.

After deliberating three days and two hours, the jurors in the James Fayed murder-for-hire trial voted for death instead of life-without-parole. It was a somber ending to the month long trial. The jurors took well over twice as long to render a verdict in the penalty phase than they did in the guilt phase.

I have to say I was very impressed with the professionalism of the defense attorneys, both of whom took the time to say goodbye to me at the presser. It was like night and day compared to how I was treated by Spector's gang of legal defenders on both trials.

After the verdict, many of the television reporters were waiting around just to see if a juror would talk to them, or if they could spot Desiree Goudie coming out of the criminal court building. While waiting around on the lookout with Greg Fisher and another CBS investigative reporter, Randy Paige, I spotted three of the female jurors coming up Temple Street. I alerted the guys in the MSM, but the jurors rebuffed them. I can totally understand. After sentencing a man to death, would you want to talk to the press or have your face be on camera? I expect the experience of this trial will affect these jurors for a long time to come.

I think Alan Jackson in his presser was spot on. There are no winners here. Like Eric Harmon eloquently said in his closing arguments, Fayed's actions were like the stone thrown into a smooth lake. The ripple effect of Fayed's greed affected many lives and even three years after their loss, I believe the many people affected are still grieving.

Greg Fisher was kind enough to invite me to lunch at a classy French restaurant Kendall's Brasserie & Bar over on Temple & Grand. It's an beautiful place to dine while in downtown. For someone who usually takes their lunch to court it was a welcome treat at the end of a long trial. I had the Cesar Salad with chicken; very, very good.

Over lunch, we chatted about the upcoming cases we'll both be covering: Stephanie Lazarus, Kelly Soo Park and possibly the Grim Sleeper case. There's a camaraderie that happens among reporters during a long trial. I imagine it's much like what happens on a film or television set. After a while, you become like a family. And once it's over, there is this odd feeling that can come over you, where you feel a bit disconnected. When I left Dept. 109 to go to the news conference on the 12th floor, I made a point to say goodbye to the bailiff Sean and Judge Kennedy's clerk, Lori.

Where are my thoughts at the conclusion of this trial? With Desiree Goudie. The day after the initial guilt verdict was read, I was in the hallway on a bench, working on my trial notes. The prosecution had just presented their opening statement in the penalty phase and I was about to go off to lunch. Desiree Goudie came up to me and thanked me for my blog. She said it helped her get through the trial. Today, after the penalty verdict was read, she came up to me, hugged me, and thanked me again. I was humbled by her actions and generosity. In my mind, there is no greater gift my blog can give, than to help a grieving family member stay in touch with the proceedings, especially when they are barred from attending. That alone is payment for my time.

When I got home, there was a surprise waiting for me in my mailbox. A jury summons. Guess I'll be going back to court sooner than I anticipated.

Casey Anthony Murder Trial: Day 6

Why is this man smiling?

I’m back after a wonderful, but exhausting trip. I’ve watched all of what I missed of the trial, and am waiting to see what the continued testimony of Cindy Anthony will bring today. Casey Anthony amazed me with her stone-face while her mother was recounting her accounts of “Travels With Zanny” and the various sides of the “Find Casey” story as told by Melissa England, Troy Brown, and Cindy. Will Judge Perry grant Lee Anthony’s motion? Will Judge Perry turn over some snippets of George’s grand jury testimony to impeach him? Is there anything in his testimony with which to impeach him?

Casey Anthony entered court at 8:32 this morning wearing a knit, scoop-necked top. She immediately sat down and started reading her paperwork.

Sedonia Sunset described it better than I can. “Looks like Casey is going to go the sexy route today with a skin-tight, plum-colored top that she (naturally) cannot stop tugging on.”

Judge Perry entered within moments of Casey being seated.

Mark Lippman began by presenting his motion to allow Lee Anthony to attend the courtroom proceedings.

Lippman asked the defense if they had deposed Lee Anthony and they hadn't. The state did depose him.

Judge Perry asked Mr. George who was present at the deposition. There was a member of the defense at the time (Jose Baez, Andrea Lyon?). Frank George also said that both sides questioned Lee and gave statements to LE. Lee Anthony is on both the prosecution and the defense witness lists.

Frank George had no objections to the motion. Cheney Mason did.

Mason started out with a good-old-boy joke for the judge and moved on to say there was no indication in case law that uncles came under the rule.

Mason claimed that the testimony George Anthony heard affected his testimony, especially that of Simon Birch.

Judge Perry spoke to the issue and read from Lee's deposition and the questions Jose Baez asked then.

Perry then asked Mason what testimony would be colored. He said that he would testify to her demeanor, along with other things. In addition, he said he didn't know what else the prosecution would ask him.

Lippman pointed out that an uncle was taken as next of kin in civil cases.

Then, Judge Perry ruled that Lee Anthony could be allowed to attend the trial along with his parents.

Perry said that he had reviewed George Anthony's grand jury testimony and found there was nothing in it that would be beneficial use to the defense.

Curses! Baez is foiled again!

Then, Perry handed a sealed envelope to a smiling Jeff Ashton.

Court was then in recess until 9:00.

Cindy Anthony took the stand at 9:15 and Linda Drane Burdick resumed questioning her about the MySpace posting.

Cindy expressed that Caylee was missing in her heart and she spoke to Casey about why she wrote it. She didn't know Caylee was not with Casey.

She spoke of Casey's betrayal. Casey told her she needed time away and sort things out. She was working through her relationship with Jeff Hopkins. Cindy would have to get used to Casey being out of the house and being her own person. Cindy accepted that.

Cindy assumed the relationship was with a wealthy man who lived out of town.

There were more details of Cindy's motivation and what she discussed with Casey.

Cindy said that she backed off and learned to text Casey. She did ask to be able to speak with Caylee and Casey gave her mother all sorts of excuses as to why she could not speak to Caylee.

Cindy Anthony continued on with the exact same story she told LE and the FBI about Casey's explanations for her absence.

We were now up to her stay in Jacksonville with Jeff Hopkins. His mother was getting married!

Cindy then went on to discuss the yard work they were doing July 13 when she noticed the taped notice on the front door.

She indicated that the notice only said Johnson’s and they didn't know anyone by that name. George was going to pick it up on Monday, but he had a new job and ended up going on Tuesday.

Cindy went to work on July 15 and George was to work the 3-11 shift.

When George told her about the car, she called Casey and told her what had happened and that she was in big trouble and had a lot of explaining to do. Casey didn't give her an explanation. She told Casey she needed to come home.

She then left work and got $500 out of the ATM to pay for the car.

The two of them drove to the tow yard together. She had no access to the car at the tow yard. George came around in the car and George told her the car smelled. She could not detect the odor at that point (She was in her car.)

They drove back home and George parked the Sunfire on the right-hand side. It was raining, sort of a misty rain. When the car was in the garage, she could smell the car as she walked up the driveway. She said, "What's wrong with the car?" and "What died?" as she noticed it. George told her there had been a bag of garbage in the car and she went with that explanation.

George opened the car to air and took the battery out so Casey couldn't take it when she got home.

When Cindy looked in the car, she noticed Casey's purse, Caylee's favorite doll in the car seat where Caylee would have sat. She noticed Caylee's backpack in the trunk and some of Casey's clothes. She took the doll and the backpack out of the car. She also took out the purse and the pants. The doll smelled like the car and she put it on the freezer, got a Clorox wipe and cleaned the head and hands. She sprayed the doll's body and car with Febreeze.

Burdick took Cindy back to the smell of the car. Cindy said it was pretty strong. She didn't associate the trunk with the body. She was satisfied with what George told her what happened to the tow yard. (Is this a lie, or some very serious denial?)
Cindy said she had experience with decomposing flesh in her job as an RN. However, she wasn't considering that something had died in the car.

She encouraged George to go to work. George took no action with the car.

Burdick then introduced a photograph of the rear of Casey's Pontiac Sunfire. The defense did not object and the picture was put into evidence.

Due to technical difficulties, there was a brief recess.

With the problem fixed, Cindy then identified the picture and another picture of the front of the car.

There were then photographs of the entire car from the driver's side, the interior of the driver's side, and the rear seat.

Cindy said that she also removed Casey's work purse from the front of the car and a steak knife.

While Baez had no objections, he asked for a side bar about prior testimony. Turned out it was about the steak knife. The judge told the jury to ignore that piece of evidence.

Linda Burdick then discussed the picture of the back seat of the car. It showed the car seat and Casey's shoes.

Cindy said she removed Casey's slacks from on top of the shoes and laundered them since they had the same odor of the car.

She also stated that she placed a dryer sheet in the car and moved the boots from the well of the car.

When Burdick impeached Cindy on the placement of the dryer sheet (from her deposition), Cindy said she "forgot" that she put it there.

After being shown the deposition, she admitted to having "flashbacks" of the day and that she was on new medication and that her memory had improved due to the flashbacks.
(That's the same thing she said at the hearing when testifying for the defense.)

Burdick then reminded her that she had asked Cindy if she felt ready at the time of the deposition and Cindy reminded her that she had said that that was the best she could do at the time.

(Medicated, tired, etc. Where have we heard that before?)

Cindy cried as the next picture was introduced. It was the contents of the blue bin that she turned over to the Sheriff's Office. On the top was the doll, Mama.

Later, when she got back from work and Casey wasn't returning her calls, she found Amy Huizenga's job applications.

Cindy also said she looked through the backpack. Then, a photograph of the contents of the backpack was put into evidence. Cindy said that she hadn't removed anything from it. She did briefly remove the toothbrush and replaced it.

Cindy then went through the items that had been in the back of the car. Cindy did not vacuum the back and sprayed some Febreeze and brushed a few pieces of debris away.

When Cindy returned to work, she left the car with the doors, trunk, and sunroof open. She stayed at work about 1 ½ hours. While there, she tried to contact Casey.

Her director sent her home.

Cindy had told her co-workers about the car and that Casey had been away from home with Caylee.

(Cindy still stays with her explanation of "it smelled like something died" when referring to the car.)

When she got home from work, she again tried to get in touch with Casey to no avail. Since she had Amy's contact information, she decided to call her.

Cindy was able to reach Amy and pick her up at the Florida Mall. Amy took her to Casey at Tony Lazzaro's apartment.

She then she recounted her version of that event. (It's interesting to note she didn’t mention the way she treated Casey as reported by Amy Huizenga in her deposition.)

Since Casey told Cindy that Caylee was with the nanny, Cindy's goal was to find her.

First, they drove Amy home.

In the car, she continued to question Casey. She stated she didn't want to embarrass Casey or Amy, the conversation was very limited.

When Amy left, she said that Casey told her she would take her to see Caylee. They started driving around and Casey started making excuses why they should leave Caylee where she was. When she asked to be taken back to Tony's, she refused to do so. She decided to head home.

When she passed the Orlando Police substation on Pershing, she told Casey that she was taking her to the police. When she found it was closed. Cindy told Casey it was her last chance, they argued and, getting nowhere, she dialed 911 from the car.

She then she recounted her version of that event. (It's interesting to note she doesn't mention the argument she had with Casey as reported by Amy.)

Since Casey told Cindy that Caylee was with the nanny, Cindy's goal was to find her.

First, they drove Amy home.

In the car, she continued to question Casey. She stated she didn't want to embarass Casey or Amy, the conversation was very limited.

When Amy left, she said that Casey told her she would take her to see Caylee. They started driving around and Casey started making excuses why they should leave Caylee where she was. When she asked to be taken back to Tony's, she refused to do so. She decided to head home.

When the attorneys returned to the courtroom, Judge Perry questioned Linda Drane Burdick as to the reason for playing the calls.

Judge Perry read some jury instructions. They were not to consider them for the crimes mentioned, but to go to Mrs. Anthony's state of mind.

Burdick mentioned that Casey spoke on them. The third call had been admitted based on excited utterance.

Judge Perry said he would include the stolen car and money specifically in his instructions.

Burdick said that she didn't want to have the transcripts themselves admitted into evidence and said that the jurors would see the script in sync with the call.

Cheney Mason referred Perry to rule 2.4. Perry looked it up and decided that he could add further language that the defendant wasn't under indictment here for those crimes.

Perry read the final version of the instructions and Mason, while not liking them, accepted them.

Cindy Anthony then returned to the stand.

Perry then read the stipulation for the first call and read the special jury instructions for the first 911 call made by Cindy in the car.

The FIRST CALL was then played for the jury. Part 1 Part 2

Cindy then explained that she drove home. She did not call George or Lee at that point.

George had already called Lee to tell him something was going on and he was at the house when Casey and Cindy arrived.

Rather than calling 911, Lee said he would try to get the answers from Casey. At first, the three of them were together.

When nothing much happened, Lee spoke to Casey for a bit longer. Since they seemed to be getting nowhere, Cindy made her SECOND CALL.

The police did not respond "fast enough" for Cindy.

Before the police arrived, Cindy paced between the garage and Casey's room where Lee was still talking to her.

At a certain point, Cindy said that she overheard Casey telling Lee that the nanny had kidnapped Caylee 31 days earlier.

She went into the room and yelled at Casey and slammed the bed. She then made the THIRD CALL.

Cindy broke down crying as she related what she had learned.

I was during this call that the jury heard the desperation in Cindy's voice. It was also the first time they heard the cool, calm, collected voice of Casey Anthony.

(Cindy is so overcome with grief that her head sinks down with her shoulders heaving as she cries.)

Cindy Anthony then asked for a break to compose herself.

After the brief break, Cindy was escorted back to the witness stand. She didn't look well at all,
but, Linda Burdick continued with her questioning until lunch.

Cindy began when George pulled up in the garage and she tried to explain the situation to him. He was shocked, but she couldn't see his reaction because she collapsed in his arms.

The police arrived shortly after the call and everything became a blur. The first deputies arrived and, much later in the evening, she gave them a written report.

She remembered that she walked the deputy to her room so he could talk to Casey.

The next day, they turned over the Sunfire and other evidence they had removed from the car to the police, with the exception of the slacks which they didn't want.

They also turned over their computers to the police a couple of days later. Much later, she turned over items she thought that the nanny might have touched. They also took her cell phone to get the material off of it on one of her visits to the police. She also gave DNA and hair samples some time later. She set up a tip line so people could call her (Lee set it up.). They also set up a command center.

On July 16, Cindy received a phone call from Casey after she was arrested. It was received into evidence over defense objections and read a stipulation.

They then played CASEY'S CALL HOME.

Ms. Burdick had no more questions for Cindy Anthony.

The Judge announced lunch would be until 1:30.

When they will return, Cindy will be in for her second ordeal of the day, her cross examination by Jose Baez.

Court reconvened at 1:31 PM.

Cindy Anthony then resumed the witness stand.

Baez started off by saying that she and Casey are a lot alike. Cindy agreed with that. He asked if she raised Casey to be a good, caring, loving, person. Had she her she raised Casey to tell the truth. Cindy said that she had indeed raised Casey to have such values.

Baez then asked what kind of mother Casey was. Cindy said that she had a quick maternal instinct which reminded her of when her kids were born.

Caylee adored her mom and always wanted to sleep with her.

She never witnessed Casey torture or abuse Caylee. Caylee never went without food and shelter.

They then went through the story of Casey's pregnancy and the incident at her brother’s wedding. Baez then showed her the picture from the wedding.

She explained about how her brother confronted her with the subject that Casey might be pregnant. George and Cindy didn't believe Casey was pregnant.

Baez tried to get Cindy to say that Casey got heavy because she was participating in sports. Cindy stood her ground and said she had a sedentary job in human resources at the time.

Baez then reminded Cindy about Casey's situation in jail. Baez then pointed out that Casey today does not have a protruding belly.

He asked Cindy to stand to identify her daughter. The state objected to that and we had a bench conference.

After the lawyers returned to their places, the judge had Casey stand and Cindy had to come off the witness stand to get a good look. (Darn, they didn't show Casey!)

Cindy said that Casey did not have a protruding belly like she did at the wedding.

They thought Casey might have an ovarian cyst. Cindy told her to see the doctor and Casey said she did. She was referred to a gynecologist.

They went through Casey's menstrual history and she never took Casey to a gynecologist. Casey had irregular periods a couple of months prior to Cindy finding out she was pregnant.

Baez then went on to Casey's imaginary friends.

He asked who Caylee's father was. Casey told her it was Jesse Grund. When she found out Jesse wasn't the father, Casey told her that it was Eric Baker who was two years younger than her. He was an old friend she'd started seeing about the time she'd started seeing Jesse. Baker was out of state, Kentucky or North Carolina.

Cindy made no attempts to meet Eric Baker and never wanted to speak to him. Casey didn't want her to meet him. Casey told her that he had died in a car crash shortly after Caylee's second birthday.

Baez asked if Cindy had any evidence to prove the existence of Erik Baker but was shut down by objections.

Next up was Jeff Hopkins. (I'll spare you a good number of the bogus details of Casey's tale here.)

She'd heard of him from the time Casey was breaking up with Jesse and she was confiding in Jeff, a co-worker at Universal. He supposedly had a son, Zachary whose picture Cindy claimed to have seen on Casey's cell phone.

She now knows that Jeffrey Hopkins doesn't exist, as described by Casey.

Again, Baez tried to get in evidence that he ever existed and is overruled.

(This is painful to listen to. Casey had spun a web of lies to everyone, including her mother. Now, Cindy is being to pressed on the details of the lives on nonexistent people!)

When talking of the fictitious people, it seems a lot of parents of toddlers died in Casey’s imaginary world.

Casey really tortured her parents with these fictitious people, planning events and cancelling them at the last minute. Cindy would plan and make a meal or other food, and nobody would ever show up.

Then there was Juliette Lewis and her daughter Annabelle.

The only "proof" Cindy ever had of their existence was what her daughter had told her over long periods of time and Caylee seemed to recognize the name Annabelle and would be excited to hear it.

They went on to Raquel Ferrel and Zanny the Nanny.

Again it was, "did you ever see a picture," "did you ever see them," did you ever talk to them on the phone," and so on and so on.

Baez made his point. Cindy bought it all and believed her daughter. She remembered every detail about each person. This was so very, very sad to hear.

As the story went on (and we've all heard it before), Baez added Gloria, Zanny's mom who had a heart condition, a Rosa, a younger sister Samantha, etc.

At the end of this portion of her testimony, Cindy said that she had only recently learned they were not real.

Then, Baez asked her what efforts she made to find Zanny the Nanny. Cindy went through the details of their search. It even included a trip to an apartment in New York based on a tip. They even went to California to check out a Zanny.

Baez then brought up Dominic Casey. Cindy said he volunteered to follow up tips after his falling out with Baez.

Baez went on to ask about Mr. Casey's efforts to locate Zanny in Puerto Rico. That question went nowhere due to a heresay objection.

Baez even tried to sneak in Caylee's being flown to Puerto Rico in a private jet. It didn't work either.

Then, Baez backed off to Casey's high school graduation and those questions were blocked.

Baez finally asked Cindy if she never realized that these people weren't real. She replied that she hadn't and said that she had trusted Casey because she didn't believe her daughter would lie to her.

Baez was allowed to ask Cindy if she told LE that Zanny was possibly Amy Huizenga or Jesse Grund. Cindy said she even brought up that it could be Ricardo Morales.

A lot of evidence isn't coming in here because it's all hearsay.

Cindy also testified that she had given one of the police officers (Sgt. Hosey) what she thought was Zanny's number. It turned out to be one of Casey's other friend’s number.

Also sustained was the objection made to the question by Baez if she believed Caylee was alive.

Next on Baez' agenda was the Anthony home. He brought up the fact that it had off-white carpet and sliding glass doors. Cindy said that Caylee could not open the doors easily.

Baez asked more questions which were also objected to and sustained. Judge Perry told him to move on.

Baez then asked if she told LE about the gate being open and the ladder up on the pool. Cindy said it was the 16th. It alarmed her because she didn't want her dogs going into the street.

She also testified that she had asked George if he left the gate open and the ladder in the pool. He said that he didn’t. She said that Casey wasn't home that afternoon. (Oh. Casey sure WAS home after George left for work! Check out her cell phone pings.)

Baez went on to how much Caylee liked to swim and other details. When asked, Cindy said Casey could have left the ladder up if she had come home to take a swim.

Cindy then recounted the evening of the 15th.

Cindy was asked if she was 100% sure she took the ladder down, she said no one is 100%, but that she knew she did and the incident came the following day.

Steff Watts (who then worked for Fox News) was one of the media personnel outside her house. She also met Mark Furhman. She let both these people into her home and spoke to them.

Furhman wanted to offer any help he could with his expertise as a detective. She gave them a tour of the back yard. Baez asked if she told them she forgot to take the ladder down. Cindy said she didn't. (Baez asked a question as though to impeach her with proof she said she forgot, and then drops the issue. It sounds like he is trying to fake her out into admitting to something she didn't say.)

Baez then went to the phone calls from Casey on the afternoon of the 16th. She was aware that there were calls, but she was busy with her projects.

Next they were on to the certified mail notice. She recalled that it was dated the 10th or the 11th. They discovered it on the 13th.

Next, it was on to the car in the garage. The reason Cindy said it smelled like a "dead body" in the third 911 call, it just blurted out. The smell in car didn't enter her mind in the first two 911 calls.

Baez then pushed on to elicit that Cindy had testified that the reason she used the phrase was so the police would come faster.

Thankfully, Judge Perry called a "special" recess until 3 PM.

The moment that Judge Perry took the bench, Cheney Mason called for a side-bar.

Cindy Anthony then returned to the witness stand.

Baez then asked Cindy to go back over two points that he overlooked. He referred to the calls she received from Casey. Cindy said that she had been in a meeting.

According to Baez, there were 6 calls within a few minutes. As he read the times, Linda Burdick objected and Perry sustained the objection.

Then, Baez asked if she had health insurance at Getniva and she said that she did.

Next, Baez played a section of the 911 call. It was the part where she was telling George that Caylee was missing. (Here, Baez is trying to show that George had no reaction and said nothing, proving, in his mind, that George already knew Caylee was dead!)

Baez then asked if George had done any of the questioning of Casey. Cindy pointed out that he only arrived home during the 911 call and the arrival of the police.

Once the sheriff's office came, they were all separated.

Baez mentioned her getting the date wrong on Caylee's disappearance as June 7 and June 7 on her statement. Cindy explained she'd gotten her dates wrong, not referencing Father's day. Baez showed it to her and she put June 8 on her written statement.

Baez said that they found out from LE that it was they who figured out that it was the day of June 15th.

Baez also brought up the fact that she didn't want deputies showing up at the nursing home due to her father's illness.

Baez then asked her if she told LE that Casey had problems with seizures but it was not answred due to relevance objection.

Cindy is not working as an RN right now. She is on disability because of this case. Then, Baez went into any financial gain they might get from the case. Cindy said she didn't gain any money, they had, in fact, lost a lot of money.

When Baez asked about the selling of the photos, she referred to the money they got through Brad Conway, who took $6000 of the $20000. They also went to New York with Conway and were looking for a book deal.

She had not attempted to make a living as the director of the Caylee Marie Foundation.

She doesn't have any current media negotiations going on.

Baez then went into all the "daytime" events and the 48 Hour interview.

Then, there were no further questions. (Thank goodness, because he was all over the place and back and forth. He needed to be better organized.)

Linda Burdick did re-direct.

Cindy testified that she provided food for her granddaughter. She provided the clothing, for the most part. She provided the shelter for Caylee.

In regards to Casey's weight, Cindy said that her weight had fluctuated.

She was the one who told George Anthony that the father of Caylee was Jesse Grund.

In August, 2008, she had the people from Greta Van Susteren. She mentioned only that the gate had been open and the ladder was up.

The pool/gate incident was a few days prior to the gas can incident.

When they were gone, the gate was usually locked from the inside. The only time she knew that the gate wasn't locked was the 16th, when she went over to that side of the yard.

George didn't say he unlocked it and Caylee was unable to do it. The only person left to do it was Casey.

She reaffirmed that she used the term dead body, it was to get the police there earlier. When talking to her co-workers, she used the term dead body.

When asked if it smelled like a dead body, Cindy said it was a smell she had never smelled before. It was worse than smelling rotting flesh because it was a bigger surface.

Cindy said she didn't remember what George said, but that he was upset.

The trademarking of Caylee's name was to stop exploitation of her name.

Cindy admitted that the lies started when Caylee was born and mostly were to explain where Caylee was. The exception was Jeff Hopkins.

When Cindy brought up the co-workers Casey had invented, Burdick added to the list of reasons that it explained why Casey wasn't home.

Baez then did re-cross. He questioned her about the smell in the car and she believed it to smell like garbage.

Baez then pointed out that you couldn't hear George's reaction on the 911 tape. Cindy brought up that George was not near the phone to be heard!

Baez stuck to his point that George wasn't heard on the tape. (That was important to Baez because he said George had no reaction on the call because he already knew that Caylee was already dead.)

Baez questioned her about Casey's graduation. They said she would graduate, but was not allowed to walk. They party was planned, so it went on.

That was before Caylee was born, as though the fact that Casey hid things from her parents was a novel idea back then.

Finally, Cindy was asked to stand down.

There seemed to be a problem with Baez putting out of court statements from the defendant (that are not against interest) concerning a number of issues. Baez said that the prosecution had done the same thing. (These statements would be hearsay.)

They are somehow tied to the six felony counts Casey pled to. Apparently, state want the jury to be told of the convictions, but they were to only go to the credibility of the defendant.

It will be further discussed at 8:30 tomorrow morning during a hearing.

The state announced that Amy Huizenga would be the next witness.

The defense complained that they were told she was in Barcelona. Burdick said they had been told she would be back for today.

Apparently, Baez left her file in Kissimmee!

Baez called for an early recess. The judge said that if they do that, he would work them all day on Saturday.

Judge Perry also pointed out that the defense had not utilized the hallway to store files.

Amy's direct testimony will come in today and then they would recess.

Then, Baez was given a verbal spanking by the judge, ever mindful of the sequestered jury.

Amy Huizenga took the stand next and was questioned by Frank George.

She started by saying she did know Casey Anthony. At the time of Caylee's death, they were best friends.

In early 2008 she worked at a theater and at Houlihan's. She never saw Casey's Universal ID. She started seeing Casey more when she started dating her friend, Ricardo Morales. They text messaged on a daily basis. She was living with Troy Brown at the time and would see Caylee at Ricardo and JP's apartment.

There were times when Casey couldn't go out with her friends because she had to watch Caylee. When she would bring Caylee in the evening, she would put her to bed in Ricardo's room or on the couch.

At least once a week, Casey couldn't make plans because she had to watch Caylee.

She was aware of the breakup between Casey (in detail) and Ricardo. In May, they were in an on-again, off-again period.

Amy was going to have to move and in mid-May, she and Casey decided to move in together. They thought about an apartment and then a house. There was an appointment for a house, but then Casey said it wasn't going to work out. This happened on a number of occasions.

Then, Casey told Amy that she was going to take over her parents' mortgage payments and move in there. This came about around mid-July. She never met Cindy Anthony and was excited to meet her.

Casey told Amy that she had problems when she thought that her mother would take care of Caylee but it didn't happen. Casey's frustration grew greater in May as this happened more often.

Amy was shown a text message between her and Casey. After July 15, she gave her cell phone to LE to retrieve the messages.

The message said that they would go out because Casey said "my mom owes me."

This message was a recurrent theme in this period. Amy said the relationship was rocky because her mother had told her she was unfit as a mother. She would hear the beginnings and ends of conversations. Casey said her mom was crazy and she needed her space.

In June, 2008, Amy moved in with Ricardo around June 5-6. She wrecked her car and they lived near her job. Ricardo lived with J.P. Chatt.

Casey was going to give her a ride to Jacksonville so she could purchase a car from her uncle. Casey was going to pick her up extremely early in the morning of June 13. Casey didn't pick her up because she said there was problem and she was going to the hospital.

Amy said that she called Casey from Jacksonville to see how things were going. Casey later invited her to Fusian that night. She didn’t go.

Amy asked Casey for help to get a job because she thought she worked at Universal.

Amy did not see Casey for about 3 weeks in June. They kept in touch by text messages and phone.

Amy said Casey was having car trouble. She had two flat tires, ran out of gas, and had a smell in her car.

Frank George approached Amy with more text messages.

Casey had texted her that "There was definitely part of a dead animal plastered to the frame of my car."

Prior text messages from Casey indicated there was a really bad smell coming from her call and also a phone call saying it had gotten worse. She said that her father may have run over something.

George then questioned her about the times she ran out of gas. There were text messages about those events as well.

During the end of June, Amy assumed Casey was living with Tony Lazzaro.

Casey spoke about her mother and was frustrated with her mother. Most of them had to do with Caylee and that Cindy wanted to see her. Casey had said that something was going on at home (George and Cindy were considering a divorce because her dad cheated on her mom) and she wanted to keep Caylee out of there.

Casey said she needed space because it was time for her to move out and have their own lives away from her parents.

During June, Amy believed that she was moving into the home and a number of dates were set and Casey cancelled them. Casey gave various reasons such as repairs and landscaping.

Finally, Casey told her that the house was not going to be available because Cindy took back the deal due to some bank paperwork that could be undone. This occurred in July.

Amy said that Casey became even more frustrated with her mom. Amy said Casey talked a lot about her mother, a lot to do with a child complaining about a parent and issues with Caylee. There were also issues about the past.

Jose Baez said that he objected to statements and wanted them struck. Judge Perry only sustained the argument for the last question.

Casey ended up staying with her for about a week, it wasn't her place, she was staying with Ricardo and JP. She was uncomfortable with the arrangement. (This was when Tony was in New York.)

The discussion then went to Will Waters' 4th of July party Amy had invited her to. At first, she said she couldn't come because of Caylee. Amy suggested she bring Caylee and Casey said she'd think about it.

Amy never had to ask where Caylee was. Casey told her she was with the nanny "doing a tour of Florida" or with her mother.

At the 4th of July party, Casey told her Caylee was at Sea World with Caylee.

July 5, she woke up and Casey was on her computer. She was happy because Tony was coming home that day.

Casey hung out with Will for the day and then went to the airport to pick up Tony.

At that time, Casey was driving Tony's car because hers was in the shop.

The next topic was the Puerto Rico trip.

Amy returned July 15 and Casey picked her up in her car.

When she got home, she went with JP to the Florida Mall. There, she received a phone call from a very scared Cindy Anthony.

She was cautious speaking with her because Casey had told her she was crazy.

Cindy picked her up at the mall and Amy led her to Tony's apartment.

She went ahead of Cindy and asked Casey to come outside. Cindy was very confrontational and angry. There was a "massive explosion of mother and daughter" which she finally managed to escape. (Amy has a wonderful way with words.)

First, Cindy asked where Caylee was. Casey responded that she was with the nanny. With a lot of persuasion, Casey agreed to take her to Caylee.

During the "explosion" Casey was defending her position and "giving as good as she got." After leaving the apartment, Cindy and Casey got into the car. Amy was in the back seat. Casey didn't say much, just that Caylee was with the nanny. Cindy asked questions and Casey had her arms folded. Amy indicated that she felt uncomfortable with witnessing the confrontation between the two.

With that, the state was finished with the questioning. Jose Baez will cross examine her tomorrow.

There was a brief discussion at the end of the day about the hearing about the felony counts tomorrow. Judge Perry will have to decide if they are more probative than prejudicial for the state to get this information into testimony.

So, it’s 8:30 tomorrow morning again!

See you in court.

James Fayed Penalty Phase Verdict Watch Day 5

Update: Edit for spelling and grammar 4:19 pm. Sprocket.

8:46 am: A few moments ago I settled into my little corner in Dept. 109. After I got my laptop set up, Judge Kennedy arrived. From the gist of what I'm hearing in the courtroom, they were ready to start a case (picking a jury) but it appears the defense attorney is very ill so they are post-phoning the trial until Thursday. I thought I would be cramped in the gallery with a packed jury today and the other reporters and myself all jammed in together. The case they were going to start will be "10 of 10" on Thursday. There are two black people in the gallery, that I'm guessing are here for the defendant. An older black woman and a young man.

People vs. Corneilus Byers (sp?) ...the court reporter is having trouble setting up. Judge Kennedy isn't even in her robes. This will be a quick hearing. Ms. Gray is ill today so they are holding over until Thursday. It's quick. The defendant isn't even brought out. The bailiff asks Ms. Gray's representative to see the defendant. (I'm guessing to explain what's happening.) The two people in the gallery are disappointed they will not get to see their loved one today.

Ms. Gray's representative who is standing in for her goes back to speak to the defendant and then comes out to speak to the people in the gallery.

8:56 am: Fayed jurors come in a few at a time and it's echoing silence in 109 again.

One juror, a woman looks a little down-trodden and she comes in. I just hear Lori tell Sean that Juror #6 is running a bit late. I can hear that Lori sounds like she has a head-cold. She's sniffling a bit and Sean asks her if she's felling any better.

8:59 am: Another juror enters. I wait it for the buzz, but it doesn't come so this must not be #6.

9:02 am: One of the female jurors leaves the jury room and exits 109. Another juror enters right after her.

9:05 am: The female juror reenters the jury room. Still no buzz.

9:06 am: The court reporter Laurie (sp?) is here today. I'm spelling her name differently than the court clerk Lori, even though I don't know how their names are actually spelled.

9:07 am: Lori advises Sean to let the foreperson know (that #6 will be late). He gets up to inform the jury.

9:10 am: Lori and Laurie chat at the clerk's desk. I can barely see the bailiff sitting at his desk from where I am in the courtroom. Even though there is a glass partition around it, there is white paper put up around the lower portion of the glass, so that while he's sitting, only Sean's eyes and the top portion of his nose, visible. Sean is exactly what one would picture in your mind when you think of a L.A. County Sheriff. He's tall and lean. He's got short dark hair parted on the side and handsome.

9:18 am: I believe we are still missing the one juror.

9:22 am: Sean is on the phone with Juror #6. "How long do you think it's going to be until you get here? Sounds good." Sean then gets up to inform the waiting jurors.

9:24 am: Two male jurors exit and complain about the odd single door that leads back to the jury room.

9:26 am: Another male juror exits. I hear Lori tell Laurie that Franklin is on calendar tomorrow. That's Lonnie David Franklin, Jr., accused "Grim Sleeper" rapist and murderer.

9:36 am: Terri Keith from City News drops in to see if there's any news. I tell her we are still waiting for the late juror. I mention about the Franklin case in 109 tomorrow. She tells me prior hearings in that case have been at 9:00 am. I'm thinking that if the Fayed jury comes back with a verdict today, I may come back tomorrow just to listen in on the pretrial hearing.

I ask Terri who the DDA's are on the Franklin case. She believes it's Beth Silverman and Marguerite (sp?) Rizzo. I briefly met Beth Silverman years ago at the Van Nuys courthouse. I was following a case that eventually settled, Shizari, (sp?) I think. It was a man accused of killing his brother out in Canoga Park or Woodland Hills (I can't remember) and his brother's body was never found. The defendant eventually pled to involuntary manslaughter. He's probably out by now with good behavior.

9:46 am: Three male jurors return. One says to the bailiff, "I tracked him down and brought him back in."

9:48 am: BUZZ! The jurors are finally on the clock!

9:51 am: I'm reading that the Casey Anthony jury is hearing for the first time, the phone call Casey Anthony made to her family when she was first incarcerated. This is what my friend Sedonia Sunset said about it. "So many people have never heard that oh-so-damning phone call, and they are pretty shocked to hear it at this point. The vitriol, selfishness, contempt for her mother and obsession with Tony, along with what she actually SAID made quite a vivid picture for people. Up until that point, a lot of people had waivered on her guilt, but I think seeing her mask slip is going to make quite an impact." When Sedonia says "her mask" she's referring to what Hervey Cleckley's describes in his famous book, The Mask of Sanity.

9:58 am: A suited gentleman comes in and asks if a female witness has shown up. Lori says "No." If she does, he asks Lori to call him. He quickly leaves.

10:02 am: Sean asks Lori why she came to work. "I'm sick, but I'm not dying. .... I can feel crappy here."

10:05 am: BUZZ! BUZZ! BUZZ! We have a verdict!

The minute I hear those three buzzes, It's like my stomach jumps and my heart starts racing a bit. Hopefully, it won't take too long for the family to get here so that they can be here for the verdict.

10:12 am: The trim public defender with the short graying-hair shows up. I don't know if it's to hear the penalty verdict or if she is here to drop something off. I think she might be staying to hear the reading.

10:18 am: I move over to the chairs by the door so I can quickly exit to report the verdict. A few moments ago the pretty blond Dateline producer arrived and I told her we have a verdict. Terri Keith from City News arrives as well as Cathy from the court's Public Information Office (PIO).

10:26 am: Defense counsel Mark Werksman and Steve Meister arrive and speak informally with the judge to find out when the verdict will be read. I believe she tells them that back when, she told the family about one hour. I believe she states that it will be a little bit longer than that.

I believe Meister asks the bailiff if the defendant is back there (in holding). (He is.) A slew of nicely dressed young women enter 109. Nine young ladies sit in the second bench row. One of them greets Terri Keith and they chat.

10:29 am: Another contingent of young people arrive, about seven more. They sit in the back row and now the gallery is a chatter with conversation.

10:30 am: Desiree arrives with the DA's clerk. Right behind them is Alan Jackson, Eric Harmon and Jackson's long-time companion, Lisa. (Lisa is a DDA.)

10:31 am: Fayed's counsel are both back with him. Jack Leonard from the LA Times comes in and sits by Jane Robison from the DA's office. Lisa changes seats and sits up with Desiree.

10:34 am: Pat Dixon, #3 in command at the DA's office arrives. I'd forgotten that he had been promoted from the Dept. Head of Major Crimes to a new position. The tall slender man with glasses from the DA's office that I first saw in the Spector trials is here. I've totally forgotten his name, as usual. There are quite a few more people from the DA's office that came in a minute ago.

10:36 am: There are two sheriff's standing at the courtroom doors. The defendant has not been brought out yet. Meister is chatting with Harmon, Jackson and the DA's clerk in the well.

Werksman just came out from holding. He shakes Jackson's hand.

10:38 am: A still photographer shows up. Cathy from the PIO tells him where he can stand. She heads over to that area of the courtroom to monitor what he photographs I think.

More people continue to pour in.

10:40 am: Now a cameraman with a video camera shows up. Fayed was just brought out a moment ago. There are two more sheriff's at the courtroom door making it four now.

I don't know if the cameraman, from whatever station it is has clearance. Mary is on the phone at the clerk's desk. I can't see the channel number from where I am on his equipment. It's someone I've never seen before. I guess there's clearance. I make this my last transmission until verdict is read.

10:44 am: It won't be long now. A second cameraman shows up and then he leaves after seeing that someone is already here.

The still photographer is signaling Jack Leonard from the LA Times. Maybe he's from their paper.

10:46 am: Judge Kennedy takes the bench.

JK: Are we ready for the jurors?

The clerk calls for the alternates over the speaker. A reporter for ABC Channel 7 walks in and sits beside me; tall, young, handsome.

The jurors file in.

On the record. Juror #3 still the foreperson. Verdict forms handed to the bailiff.

Clerk to read verdict.

Meister puts his hand on Fayed's shoulders

Death by execution.

Werksman covers his mouth with his hand.

Defense asks for the jury to be poled. I can't see Fayed's face. His back is to me.

Clerk is ordered to record the verdict.

JK: I know this was a very difficult (decision).

She thanks the alternates.

Judge Kennedy addresses the jurors:
As to the 12 jurors, I know you've been here for a long time, and I bet you didn't know how difficult it would be to juror in this case.

Our criminal justice system depends n people like you who are willing to put in the hard work.

Now tells them you are now free from the limitation. You may talk about the case with anyone you like.

You can speak to the attorney's if you wish, but you are under no obligation to do so. It's totally up to them if they want to speak to the media that's been following the case.

Assures them that their identities that will remain sealed.

There's more. Remind them to take their possessions and to check out with the central jury waiting room. Continues to thank them and remind them about the importance of their time here.

I stepped outside to publish the last notes.

Defense requesting a sentencing date of September 22nd. Judge tentatively agrees to that date. Meister makes some constitutional objections to the death penalty. Werksman looks very very sad. The mass of people from the DA's office files out.

When I went outside to publish, the Dateline producer and Greg Fisher from CBS were handing out envelopes to the jurors as they walked past.

I think there will be a press conference on the 12th floor. I don't know if I will stick around for that. I'm behind on too many chores.

11:07 am: The press conference will be on the 12th floor in the hallway right in front of the DA's "Public Assistance Fraud Division". It's an area where they film that has on one wall, a bunch of connector outlets. There are no chairs, so I'm sitting on the floor. The still camera is set up. Fox 11 news is her as well ask KNX 10.70. Terri Keith, Greg Fisher, Jack Leonard and a photographer from the LA Times and the Dateline producer (I'm not remembering her name again. I think it's Michelle.)

There is a sign on the wood walls that says "MEDIA AREA." Jane Robison is also here.

I ask the gentleman, Robert who was behind the video camera if Fayed had any reaction when the verdict was read. He said that he didn't show much emotion. Werksman looked like, (to me) that he was devastated with the death verdict.

Claudia from WKFB shows up. Another gentleman who looks vaguely familiar is also here.

Werksman and Meister show up. They stand over to be video taped.

Meister: I'm disappointed, but I obviously understand the jury's verdict. They took longer than the guilt phase verdict.

Meister talks about the death penalty case and the moratorium in California. In an ironic sense, we have a victory today. He's 49, he's depressed, he's overweight, he's in a bad state. I don't expect an execution to ever take place.

Greg Fisher takes my photo with his smart phone. I put my head down to try to hide my face. Maybe he wants to blackmail me.

Meister: He (Fayed) described this as a "downfall of mythical proportions."

Meister continues to comment on the jury's verdict. "We had faith and confidence in them, but I'm disappointed in the result."

Two more cameramen set up to interview Meister and Werksman and they continue to be interviewed.

Q: Is anyone satisfied?

SM: Who's satisfied? There's nobody to be satisfied.

Meister continues to talk about the death penalty.

Werksman states that Fayed continues to maintain (from the very beginning) his innocence, that he did not hire killers to kill his wife.

Jackson steps up.

I can't even see Jackson there are so many camera.

Alan Jackson:
Today, let me be very clear, it is not a time of celebration. Truly, that the jurors have rendered a (verdict) came on the heels of incredibly hard work. Rendering the toughest decision you could render in a criminal case. And they should be commended for the work that they have put in.

AJ: People of California have spoken over and over about the Death penalty, and as long as it's still available, the people...

A question about if there was a deal.. Jackson won't speak to that.

AJ: We feel that Mr. Fayed, did, through his conduct, earn the ultimate punishment.

Reporters, who didn't know a thing about the case, ask Jackson if it was just all over a bitter divorce.

AJ: This was a very, very complex case, and a lot of thought went into it by the jury. (For the verdict.)

Reporters again, ask details of the case.

AJ: I'm not going to retry the case in front of the cameras.

AJ: There is nothing to joke about. There is nothing funny about this.

Why did you choose the death penalty in this case?

AJ: Did you see the face of Desiree? Did you see it? This man destroyed not only her, but an entire family.

The media packs up, and I'm going to head home. They try to work out getting the video from each other.

Monday, May 30, 2011

James Fayed Murder-For-Hire Day 6

Note: I am slowly but surely getting my detail notes on this trial completely edited and up on the blog. Testimony in the penalty phase (May 20th and May 23rd) is up and complete now. Besides this day, (Day 6), I still have Day 7 and closing arguments of the guilt and penalty phases to edit and post. Sprocket.

May 12th, 2011, Day 6
Inside 109 and I set up in the corner next to Marjorie.

I check with Mr. Jackson to see if we can get a copy of the transcript of the taped recording after it’s been entered into evidence. He's going to see if we can.

Public defender representing one of the three co-conspirators, Moya is here, taking notes.

There might be another issue with a juror. Or anther possible issue with another juror.

Fayed is brought in @ 9:17 am.

JK: The defense present. The people are present. we are out of presence of jurors.

JK: Werksman provided to the court copy of an e-mail provide to the people. Mr. Werksman, please state what particulars about how e-mail came to you.

MW: This morning accessed my office e-mail from my server from my own office. It appears to have been from

anonymous at jamison.com

to me Mark Werksman via the firm’s web site.

Werksman explains that there are links on his web site where someone can click a link to contact the office, it opens up a link to where the person can send an E-mail to his firm and that will send an E-mail directly to him.

Werksman reads from the E-mail but I don’t get it all verbatim.

“Wanted to state you, you and comma, deserves fair fair trial ... please express (to Judge) .... many jurors continue to express opinions of trial and (evidence?)...."

It’s not long but that’s only the gist of it.

MW: I had to e-mail it to myself to print it from my home computer. A few minutes later I E-mailed it to both DDA’s. (snip) Your honor, it’s either a hoax, trying to be mischievous or this is Juror #5 who has anonymity issues and he’s trying to reach out. (snip) It’s disturbing on two levels. (The jurors are) still talking at the case and looking at the case (online?). (snip) Either they are reading about me or linking to the cases I handled.

JK: It creates a lot of disturbing issues on both levels. The only juror that contacted the court was juror #5. No other juror or alternate juror expressed anything to the court. (snip) (Under questioning) there were other jurors that expressed issues about the misconduct which juror #11 or #1 were removed.

JK: But there is not other juror that initiated any contact to the court on juror misconduct. It would strike me as odd, that Juror #5 if this is Juror #5 would send and E-mail to you, as opposed to contacting the court again if he felt there were still issues or problems

AJ: (Would it please the court?) I’ve been through this before. Spent three years going through a high profile case and these things happen. (snip) This is not this type of ... (?)

AJ: Acknowledgment that Juror #5 knows how to contact the court. Or more appropriately, how to notify the court, instructed most of the jurors. Second and more pointedly,
I recall the note that Juror #5 left. It was extraordinarily well written. What is actually in the E-mail...

Jackson reads from the E-mail: “Counsel, comma I notified judge however l wanted to state you and state that I believe Mr. Fayed deserves fair trial please continue to express opinion....”

(I did not get all of what Jackson had read.)

AJ: Many grammar errors. Spelling errors.

“Include just please express concern.”

AJ: (? instructed to contact the court?) ...under preferred contact number, Mr. Werksman would correct me on that.

MW: ...leave your name under name it says Juror.

AJ: Not Juror #5. (snip) This is a ridiculous, and I wouldn’t even call it a hoax. (snip) If the court would compare this on it’s face, to..... Normally, I wouldn't have a problem having the court inquire.....

Jackson goes over what happened yesterday.

AJ: I fear, developing an aura, around Juror #5 without the others, that he’s somehow identified as a pariah ... and that doesn’t work (to my benefit?). (snip) If the court wants to make an inquiry.... (snip) We ask the jurors in bank, ask if they sent an e-mail. (snip) Follow up with a note to the bailiff at the break and that way we haven’t signaled anyone out.

JK: K have the note Juror #5 wrote) in front of me. (There are) no misspellings (and no) grammatical errors. It’s syntax makes sense, these no words left out. (snip) And it doesn’t appear to be the same kind of (?) (if that’s) the right word.

MW: I understand the note, however, a couple of points. This is not the Phil Spector trial. It is not that high profile of a trial, and we haven’t got that much coverage. (snip) You can see in the gallery (it’s practically empty).

JK: However there was (media coverage when the murder occurred) and Ventura County coverage.

MW: Juror #5 came forward with information and yesterday with information. And they lied to you in your face.

JK: One more thing I want to say about that. (snip) When Alternate #3 was describing the encounter in detail, and I asked her what the juror looked like, she said the juror was long (?) and short hair, and it was obvious to us that was #11 and I never put that on the record, because that was obvious to us.

MW: Two jurors lied to us already. I don’t know if this will make him a pariah, and I don’t care if it makes him one. He obviously wants to do the right thing. I want to take this seriously, and I want the court to take Juror #5 out here.

Werksman then wants the court, after Juror #5 is brought out, to ask them as a group.

MW: Because to ignore it, because it was syntactically different than the other note, I think it’s irresponsible to take no action.

JK: Mr. Jackson didn’t ask for no action.

MW: But what he’s asking is so passive as to be meaningless. That’s not enough to have them ask the bailiff at the next break. We were going there, were those who didn’t think we needed to inquire (of the) the individual jurors. But when we did, oh, by the way. I think we need to make an inquiry; a serious focus.

AJ: My action was to ask all the jurors. That was my idea. He doesn’t care if Juror #5 if becomes a pariah.

(? AJ? JK:) Of course he doesn’t .

JK: My suspicion is this came from Juror #11 but we’ll never know. (snip) If we ask the jurors to follow up on a break, that’s exactly what Juror #5 did.

(?) I think it’s unfair to the jurors...

JK I’m going to simply make the general inquiry. Were there any of the jurors or alternates (that) contacted either counsel or court by e-mail and if so, I’m going to ask them to notify the bailiff on the break, so we can follow up. (?) ..not handle, to deal with any issues that may exist.

AJ: (I submit the court) take a further step to labeling the Werksman e-mail (understanding?), label (it) court’s exhibit next in order, and the Juror #5 (note) as court’s exhibit next in order so the appellate record is in order.

JK: The top portion of that which is on a piece of steno paper, courts exhibit #2 and the anonymous e-mail will be court’s #3. And I was thinking is another court exhibit we will need, is another revelation, that you utilized during your opening statement (power point presentation) court’s exhibit #4 and closing arguments (power point presentation) will be court’s exhibit #5.

Harmon states for the record that the program to access the power point presentations is called “Keynote” and they can only be accessed with this program.

MW: Objection to the Shawn Smith tape.

JK: You want to (argue?)?

MW: (We) made objections at all prior hearings. We’ve had first amendment, fifth amendment and sixth amendment issues, based on the fact that the tape will be played without the foundation of the other party to it, Mr. Smith.

Harmon argues the people’s position.

EH: As we did at the preliminary hearing and grand jury, our intention is to lay a foundation from Detective Abdul. He took possession of the recording device. There is ample foundation of the recording device. Rather, this is a discussion between Mr. Smith and Mr. Fayed.

Werksman. (I miss his argument)

JK: Assuming they can establish a foundation, I don’t believe Mr. Shawn Smith’s statements are being offered for the truth of the matter. Mr. Fayed’s statements are offered for the truth of the matter, so it’s not hearsay.

Werksman still objects.

MW: I need a clarifying instruction...

(But I miss the rest of his argument.)

That appears to be it for the Fayed case at the moment. Judge Kennedy hears another case for a (scheduling?) date. A bench warrant is requested for that case. And that’s it.

9:42 am: The court clerk calls for the 109 jurors over the speaker system.

JK: All of our jurors present. Thank you very much for your patience. I have a question for you. My question is this. Have any of the jurors or alternates contacted by e-mail counsel for the defense, counsel for the people or for the court? If anyone has done so, I’d ask you to notify the bailiff at the break. (snip) And I think we are ready to start......

Detective Abdul is back on the stand

JK: Mr. Harmon?

EH: We were discussing your contact with a man named Shawn Smith. (snip) After Pamela Fayed was murdered did you retrieve her iPhone?

Det. AS: Yes, I did.

EH: And did you download contacts off that phone and what those contacts were?

Det. AS: Yes, I did.

EH: People’s next in order, #147. Is this a print out of a list of names indicating the number of numbers she (Pamela) had for James Fayed?

Det. AS: That’s correct.

EH: Now moving to Shawn Smith. You got information from the Assistant US Attorney that someone wanted to talk to you about this matter, a Mr. Shawn Smith who was in custody at the Men's Detention Center? (snip) You’ve talked with may people who claim that they know something about (crimes)? (snip) Did you think this merited further investigation? (snip) Did you verify he was in fact the cell mate of James Fayed?

Det. AS: Yes I did.

Harmon presents a document for him to verify this.

EH: People's next in order #148. First page, housing designation for Shawn Smith (at Men's Detention Center) dated June 24th, 2008 until September 11th, 2008?

Det AS: He was housed in E08 651 L (L=lower).

EH: Second page, other housing arrangements (for Smith). And last page for Fayed?

Det. AS: He was E09 561 U (U=upper) from August 1st to September 11th, 2008

(As you can see from my poor typing skills, the numbers are switched and not matching exactly.)

EH: (After September 11th,) these people were no longer cell mates?

Det. AS: That’s correct.

EH: That’s based on Shawn Smith (being) used as a listening post via a recording device?

Det. AS: That’s correct.

EH: Lets talk a little bit about that. When you sat down and spoke with Shawn Smith and spoke with (him regarding) this, you as you said before, it warranted more investigation , so you verified they were in the same cell together?

Det. AS: Yes.

EH: Did you take any information to determine that you could get reliable information? I explained to Mr. Smith once the wire was in place that he would have to not expose the wire to Mr. Fayed. (snip) He should talk to Mr. Fayed in a way that was not soliciting in any way, to see if he would reveal the information in the way he did before.

EH: The wire and listening post goes on the person, then later retrieved from (?) to September 10th, 2008? (snip) Where were you when (you) placed this recording device on Mr. Smith?

Det. AS: At the detention center. (snip) I believe he had a medical call that morning. 8:56 am (I) hooked up device and at 3 :30 pm took the device from him. And at 6:10 pm transferred the information to CD.

EH: People's next in order #149 a CD. I’ve loaded it into a computer. I also have transcripts, People's #150. (The) court’s permission to pass them out to the jurors?

JK: Yes. And to the defense as well. (Addressing the jury:) I remind you what I said about transcripts. And that is, that you are not bound by the transcripts. The transcript is to assist you as the tape is being played. You will have the opportunity to listen to this evidence again but you are not bound by the transcript.

EH: Anyone who doesn’t have a transcript?

(Marjorie and I jokingly raise our hands off our keyboards a little ways and smile at each other.)

Abdul identifies voices on the tape.

(Wow, the background sound is loud!)

Det. AS: That's my voice on the recording placing the listening device on (Smith).

JK: Stop it. Is that as loud as as it going to be, because it’s difficult to hear.

EH: This is the preparatory, where the device is hidden and then it becomes a lot more clear.

(I was not able to make out what was said from where I am. )

EH: Let me turn it as loud as it will go, and when it becomes a little more clear I’ll adjust it and turn it down.

(It’s thundering loud.)

JK: One more thing, stipulated that the court reporter (does) not (have to) transcribe the tape

(?) So stipulated.

Harmon accidentally starts a song instead of the audio tape and there’s a bit of laughter.

EH: That’s not it.

Det. AS: That second voice you heard was Shawn Smith.

(Did Werksman say that?)

A copy of the transcript is given to Scott and Dawn to follow along. Those of us in the gallery can’t understand a word from where we’re sitting. Just snatches of words. Marjorie and I both mouth to each other that we can’t understand a word. But we can tell they are still attaching the device to Smith. Damn. There are no extra copies for the press at this time.

Harmon stops the tape and asks the detective a question.

EH: Mr. Smith is being escorted by a nurse back to his cell?

Det. AS: Yes he is.

Background noises of the jail can be heard on the tape. We can hear footsteps. Heavy footsteps. I can hear the announcements over speaker at the jail. The female public defender in the back row leans in and tries to hear. I believe the other two people next to her are also from the public defenders office.

EH: The voice that you hear there, who is that?

Det. AS: James Fayed.

EH: The man is court today?

Det. AS: That’s correct.

(Please note that my notes below are in NO WAY a complete or accurate transcription of the audio recording. Many times, I cannot tell who is speaking or even get the complete statement that was said.)

“Oh man I saw her.”

(I can’t tell who’s voice is whose.)

“I thought you were in the hospital.”

(I really can’t tell who’s who.)

A toilet flush sound, I do believe.

“No, you know, did something wrong with his dress. Sat down there and didn't’ let him?”

“Sat down there...”

“Thank you.”

(I’m totally frustrated. I can’t make out much of anything, just snatches of conversation here and there.)

“No sat down in the chair. Sorry can’t let your visitor through?”

“So my (?) trying to see me.”

“I don’t know what they require.”

There’s lots of noise on the tape. Flush sound.

“Which one”

“This whole....”

“Well this is all good man, this is all good.”

“Well you’re gonna help me.”

“We’re gonna have my...”

“I was up most of the night thinking about you.”

“This bullshit”

“Check this out.”

Sounds of laughter.

“Tell me you're...”

“And last night I was thinking this is a big one right here”
“What do you think”

“No body fucking knows what we've got...”




“How cool is that.”

(I type that I’m not going to try to transcribe anymore. And then I hear a bit more coherent sentences and try to catch what I think I’m hearing.)

Fayed leans in and speaks to Steve Meister.

“Couple of things. I’m concerned, man, I’m thinking man, and then you tell me what you think”

I'm thinkin' ... 30 40 g’s is unfuckin' god knows what he is thinking...”

“Don’t tell me that motherfucker is going to do you something wrong”

“You don’t want to?”

Harmon stops the tape for a small break and ask a question of his witness.

EH: Couple of things. There is apart of the tape where Mr. Fayed is asking Mr. Smith to take off his clothes (to prove) that he’s not wearing any wire.

(?) And it just could be that the wire is moving around inside clothing.

(I think the tape is started again and then stopped.)

“It was the stupidest motherfucker thing”


EH: What’s going on at this point?

Det. AS: That’s when Mr. Fayed was in the room...

MW: I object! No foundation!

JK: Sustained.

(The tape is started again.)

“I can’t see that great. Draw me a small map as to...”

(Marjorie goes over to speak to one of the family and read over their shoulder from their copy of the text of the transcript.)

10:25 am: The public defender leaves but the two other people in the back row stay to listen.

EH: Just so the record’s clear, we are at the top of page 34.

(I put my feet up on the bench in front of me and stretch out. We are in for a long haul. I sit back and listen for a while.)

10:43 am.

“Stop being fuckin’ paranoid.”

10:52 am: The morning break is called. I breathe a sigh of relief.

Mr. Werksman introduces himself to me during the tail end of the break. I saw him at the soda machines a few minutes earlier on the phone. Before I stepped into the vending machine alcove, I asked him if he needed some privacy. He said no, smiling. He was just trying to get a good signal (the building is notorious for some areas not being able to get a good cell phone signal) so he could call his son back about (I think) an exam he just took.

JK: Back on record with Fayed. The court clerk brought to my attention that there is a voice mail on the courts phone that was sent last night (around 10 pm) from a juror, female. The juror she doesn’t identify her number and that there are jurors talking about the case. That the jurors are talking about and looking up things on the Internet. (snip)

JK: And there was discussion between jurors. The voice mail is really long. We’ll play it so that the court reporter Lynn will transcribe it over lunch. It was (mentioned on the recording) #5 & #9 were talking while walking back to the parking lot and on the Internet.

JK: After lunch we will have to deal with it. (snip) During the break, any correspondence given to the bailiff?

Sean says no.

JK: I’m not sure which juror this is, either number 7? We will go forward with the tape for now. Bring jurors back in for now.

We are back to listening to the playing of the tape at this time.

EH: We left off on page 54.

At break, Marjorie who is reading along with the family, she told me we are to the part where he is drawing a diagram of where the killers are to go. Instructions from Fayed to “don’t go to the main house where his sister ~and daughter~ would be, go to the guest house.”

So I ask her, clear evidence of planning, incriminating?

At the break I speak to a woman who is externing for a judge in another courtroom. (They are called “externs” if they are assigned to a judge.) She was told to come down here and listen in on the trial. Since she’s not been in the courtroom, I fill her in on what’s going on, and the outline of the case.

11:33 am: Another young, suited man enters and sits in the back row. Probably another extern.

(Man, these guys flush the toilet in their cell more times than I can count!)

Now I hear yelling in the background of the tape. I can’t pay attention unfortunately, so I try to edit my notes.

I see a side view of Judge Kennedy. She has her hair on her left side, pulled away from her face, behind her ear.... and her bangs are slightly parted in front, It’s a much softer look on her. From where I’m sitting, it’s almost like she’s been hiding behind her thick hair . Not really, it just SEEMS like it to me. Her hair is light brown with highlights. I believe she is reading along with the transcript.

Fayed is turned away from the jury. He’s facing towards Meister, but Meister is looking at his laptop. To me, Fayed, looks like he’s not even interested as to what’s going on.

“Get my fuckin money back.” (Fayed?)

(I’m begging in my mind for the judge to call lunch. It’s after 12 now. Judge! Judge! Please! Lunch!)

Harmon calls for break. (Thank God!)

Judge Kennedy calls the noon recess. She then gives the jurors the admonition before they leave.

Werksman informs the court about the E-mail he received, that he received it around midnight. Plus, in his E-mail it says Eastern Standard Time.

I believe Harmon states he disagrees about something.

JK: I don’t know. It says a juror.

(?) From the context said in the E-mail we thought it was perhaps from Juror #5 because that’s the only one who notified the judge.

(JK?:) I don’t know if that E-mail has anything to do with the phone call. (snip) The phone call is a woman. And it’s a woman without an accent. (snip) From my opinion it’s from one of those Jurors #7 or #10.

That’s it. Judge Kennedy is off the bench.

1:04 pm: I see in the cafeteria, Werksman meets with a couple. I see him shake hands with them. Steve Meister then joins them at the table.

1:34 pm. I’m back in Dept. 109. The deputy is getting the defendant. There’s a new court reporter up. I don’t recognize her.

The extern who I spoke with at the break is in Judge Pastor’s courtroom. We chatted earlier about how great a judge we think he is. The Dateline producer (a woman I’ve never met) gets a copy of the transcript. Harmon just hands her one. Dang. Me and Marjorie look at each other and are like... WTF? Dang.

EH: Court exhibit next in order #(?4). People’s power point.

JK: This would be five? (snip) Transcription of message left on the courts phone at 10:07 (?). The court reporter transcribed the phone call and provided copies to counsel.

The court asks Mr. Harmon if they want to wait for Mr. Jackson.

EH: Whatever the court decides. He will be back at 2 pm. Request we continue playing the tape for the jurors until Mr. Jackson comes back.

Judge Kennedy agrees. Greg Fisher from CBS returns. Marjorie, needing to see some of this transcript for her report and deadline, goes over and sits next the Dateline producer who got a copy of the transcript from Eric Harmon. The tape is played again after Harmon asks the judge what page we left off at.

EH: Checks they are at the top of page 106 on the transcript to the tape.

The tape is started again.

“What can go wrong?”

“The note.”

“My handwriting. I can’t”

(Now I hear Fayed talking about a set up hit of Pamela when she went to this Fourth of July party in a rural area. Had it set up, dates times.)

“Can you believe that?” (I can tell now this is Smith laughing.)

“All he had to do was boom!”

“Sounds like he’s involved. That’s what I told him, when you’re shooting dude”

“Fuck no! I wanted to get my fuckin’ money back.” (Fayed?)

“When you get out of this mess, when all it’s off your back” (Smith)

“That’s what I’m sayin’. I gotta get my money back.” (Fayed)

“Four fuckin times?”


“Did he have any excuses?”

“Yeah, I can’t tell ya, who knows. Stupid shit.”

“Let me tell ya, I’m not shitin’ ya dude.” (Fayed)

(There is something about FOUR TIMES.)

“This wasn’t the way I expected this to be done. I’m a detail person. Detail person I’m professional as to what I do.” (Fayed)

“So am I brother, so am I.” (Smith)

One of them says something about not hiring someone who has tattoos all over them and the other says he understands. The sound is much better, but I still am having a harder time hearing.

“I don’t see, if it’s done right and everybody gets (?) out” (Smith)

Fayed still looks away from the jury. It’s almost 2 pm. I hope Jackson makes it back soon. Can’t wait to see what happens with the juror issue. I can now distinguish Fayed’s voice on the tape.

“Those sloppy motherfuckers left prints in the car. You are so fucked.” (Smith)

“The money that can be generated is fantastic.” (?)

Jackson returns at 2:02 pm.

“Somebody woke me up at 3:30 somebody was snoring” (Smith?)

“That’s the best way right there ... and the people that took care of your wife are going to be dead (Smith)

“The divorce lawyer. That’s what I told him. Forget it. too late it’s done. Forget it.” (Fayed.)

“Following what I’m saying? He was supposed to go get my money. I told him he blew it. It’s too late. Forget it it’s done. See what I’m saying? I said forget it man. It’s ? or nothing. I want my money back. (snip) Then I get the call from the lawyer that she’s (been killed) out the garage! (snip) Then I get a real bad feeling in my stomach. You stupid mother fucker. I had to find, there wasn’t anything” (Fayed)

“There wasn’t any guarantee that I was going to get whacked out with any sanctions. The rulings and shit like that.” (Fayed)

“I told you she knew her boundaries. She ran her mouth too much she was out of control. It was all an idea it was shit that she made statements about it was things that she fabricated in her own mind she made stuff up. She believed her own lies.” (Fayed)

“She went out to make all these stupid accusations against me and made stuff up.” (Fayed)

“So I left her I said it s over I’m done.” (Fayed)

“So I woke up. She had all these wild ideas. She sat there and swore that I was trying to sell to the CIA. She went on the record saying that stuff when it wasn’t the (?) it was the NSA!” (Fayed)

“I spoke to the NSA.” (Fayed)

“And she wasn’t even there. She didn’t know anything about it.” (Fayed)

“It was one meeting between me and one employee and the NSA.” (Fayed)

“So she’s such a moron” (?)

“She a smart lady? “(Smith)

”No. She doesn’t grasp the big picture.” (Fayed)

“She couldn’t even grasp a balance sheet.” (Fayed)

“I was constantly trying to ensure if there were questions. She was just a dumb fuckin’ girl.” (Fayed)

“Then the more I found out about her, the more I found out what a big (instigator?) she was.” (Fayed)

“Everything she ever told me her entire life was an entire lie.” (Fayed)

“She didn’t have (?) She didn’t have a jewelry shop. She never hand any of that stuff.” (Fayed)

“She never went to college.” (Fayed)

“She made all this stuff up.” (Fayed)

“I had a PI look into her background she had a record back in Orange county.” (Fayed)

“She said she” (Smith)

“Engagement ring” (?)

(I think they are getting to the end of the tape.)

“That all came out to be a big lie. He said he never heard from her before.” (Fayed)

“She had a graduate degree from Malibu” (?)

“She didn’t have anything” (?)

(I don’t know if I got that last statement right.)

Fayed talks about the university she said she went to.

“It’s not Ivy league but it’s close to it.” (Fayed?)

“It’s 200 grand a semester” (?)

“Who can afford that?” (Smith)

“What’s the difference if she went to UCLA? (Smith)

2:24 pm. I’m begging inside for this tape to be over and the afternoon break called.

“She really did. She got way out of hand. If I wasn’t around to stabilize her... she could get flat out (drunk?) (Fayed)

“I didn’t have problem with any drugs as fat as I am. I could do cocaine... never had a problem.” (Fayed)

“Never freebased. Done opium. I loved it.” (Fayed??)

“I didn’t have a problem with that. It’s just like a cigarette, I don’t have a problem with that, I can walk away from it.” (Fayed)

Fayed talks about how she “trapped” him into marriage by getting pregnant.

“She ended up being a super, money grabbing... Well, now I know what not to do, once I get out of here” (Fayed)

Finally the tape ends at 3:32 pm. Relief.

EH: Does the tape continue until you retrieved it from the FBI, (the) device with the agent at roughly 3 hours?

Det. AS: Yes.

Direct is finished and Werksman gets up to cross.

MW: Before I ask you a few questions about Shawn Smith (statement?) I want to go back to beginning of (your) testimony. (snip) You testified recovering the Flip Phone that belongs to James Fayed.

Det. AS: The Flip Phone was recovered by West LA LAPD, who then gave it to me.

MW: You went through looking for text messages, dates?

Det. AS: I went through looking for any text messages, not any for just those dates.

MW: In your testimony, you said the text messages had been deleted. You don’t know to this day how it simply came to be how there were no text messages (on the phone)?

Det. AS: That’s correct.

MW: There could be, you have no idea, if the battery might have failed?

Det. AS: I don’t know how they got deleted, but they got deleted.

MW: Do you know that there (was?) anything there in the first place?

Det. AS: By the information evidence we collected.

MW: And your assuming there were text messages? (snip) Because text messages were sent?

Det. AS: That’s correct.

MW: But in early August you found no text messages?

Det. AS: I got the phone in late August and there didn’t appear to be any text (messages on the phone).

MW: You don’t know how or why (anything go deleted)?

Det. AS: That’s correct.

Werksman put up one of the people’s exhibits, a map of the Century City streets for cell towers on screen with times and locations where certain transmissions on Mr. Fayed’s telephone were sent.

MW: July 28th, 2008 Fayed called Armon (sp?) hyphen driver?

(EH?) There’s nothing presented. Was...

(I think I missed some questions.)

MW: Detective, you’re aware that there was a car service that transported Mr. Fayed from his ranch? (?) Armon (sp?) and that’s the....

EH: Objection! That I have. That’s hearsay.

(?) Well is the guy’s name Armon Driver?

(MW?) Armon is the name (not driver).

JK: I guess it’s technically hearsay. (snip) But he called Armon dash driver (?)

(?) Who is Armon Gregorian (sp?)?

(?) That’s Mr. Fayed’s driver.

MW: Do you know if Mr. Fayed was transported by a driver?

EH: Objection!

JK: Sustained.

MW: You prepared Shawn Smith before he tape recorded the meeting with Mr. Fayed? (snip) You outfitted him with a listening device?

The detective was there when the device was attached. It was attached to the bottom of the crotch/pants. The microphone was attached to the (under?) pants.

MW: When he moved around his clothing moved? (snip) Is that what we are hearing sometimes?

Det. AS: Sometimes, yes.

(Another question I miss.)

Det. AS: I didn’t know Shawn Smith’s criminal history.

EH: Objection.

JK: Overruled.

MW: You know that he was convicted of distributing of cocaine, spent 18 months (in prison?). Then another conviction, transporting (drugs?) sentenced to 2 years. Another conviction given probation? Driving under the influence, a hit and run. He Spent time in Riverside County jail. Then another time spent in jail. He had twice hit people in his car and took off.

Det. AS: I don’t recall exactly that. I don’t recall that either.

Werksman crosses on the fact that Shawn Smith was arrested in 2008, where he sold cocaine to a federal agent.

Det. AS: I don’t remember what the (exact charge was).

MW: And you know that he pled guilty?

(These are all questions to get Smith’s criminal history in.)

MW: And also sold arms to that Federal agent?

Det. AS: I believe it was also the same charge.

MW: And are you aware of the circumstances that caused him to be arrested? (snip) Are you aware that he had his son with him?

EH: Objection! Lacks foundation.

JK: Objection sustained.

Another objection to the next question, lacks foundation.

JK: The objection is sustained.

(JK?:) Nothing on that tape that Mr. Smith said is being offered for the truth of the matter.

MW: He was facing five years in prison, for the thing he pled guilty for?

I miss the detective’s answer.

MW: You knew that he faced considerable time and the cooperation with Fayed, was to get a benefit?

EH: Objection. Lacks foundation.

JK: Sustained.

MW: Did you become aware approximately five weeks after he taped the conversation that he was released on an unsecured bond?

Det. AS: Yes I was.

MW: And that he was sentenced to 10 months to the criminal case that he was arrested on.

Det. AS: I wasn’t aware of the amount of time, but..

MW: As a result of cooperating, Mr. Smith got released from jail?

Det. AS: I can’t make that assumption, because I wasn’t involved in that. It didn’t have anything to do with Mr. Fayed.

MW: Did you cooperate?

Det. AS: Did I cooperate?

MW: Did you provide information about his cooperation so as he could get released early?

Det. AS: Well, it was the US Attorney who brought Mr. Smith to our attention.

MW: Was that Mr. Avis?

Det. AS: Yes it was.

MW: Did you discuss with Mr. Smith, what he would say to encourage Mr. Fayed to (discuss/confess?)?

Det. AS: There was a previous conversation, so there was no reason for me to discuss that.

MW: Did you tell Mr. Smith, at (the) very beginning on page 4 of transcript, detective, line nine, did you say you could have probably gotten an Oscar or something like that?

Det. AS: Yes.

MW: Did you counsel Mr. Smith on what kind of representations he should have?

Det. AS: I didn’t counsel (him).

Werksman asks the detective to describe what Shawn Smith looks like.

Det. AS: He’s a male Caucasian, six feet (or) five-eleven, medium build.

MW: Describe his eyes.

Det. AS: He had some type of glaucoma or eye disease.

MW: Did his eyes look disfigured? (snip) Did you know whether his eyes had been damaged in a meth lab?

EH: Objection! All this is based on hearsay.

JK: Sustained.

Another question objected to and sustained.

MW: In the conversation that was taped there's a lot of discussion about writing, about a map. No map or writing was discovered in that cell when Mr. Smith was removed from it (was there)?

Det. AS: That’s correct.

MW: There’s additional dialog where the transmitter was removed?
Det. AS: It was removed in my presence and I took custody of it.

MW: And it’s been not altered or changed in any way?

Det. AS: Correct.

MW: How long after the tape ends did Mr. Smith leave that cell?

Det. AS: I couldn't tell you that. I went back to (NBC? MDC?) around 1500.

MW: And there was no map or writing found in the cell and Mr. Smith didn’t produce any writing?

Det. AS: That’s correct.

Cross is finished and redirect begins.

EH: Are you aware of any force or threats that made Mr. Fayed say these things to Mr. Smith? (snip) When you asked Mr. Smith to go back in the cell, did you take a gun and say put this to Mr. Fayed (?)?

Judge Kennedy asks a question about coercion.

The detective finally steps down.

I think it’s Alan Jackson who states, “We are prepared to rest. People’s 1 through 150 and the people rest.”

Opportune time to take break.

JK addresses the jurors.

JK: Please not form or express an opinion about this case. Ten minutes after three please, be back outside our doors. Thank you very much.

JK: Mr. Werksman, any objections to any of the exhibits?

MW: If I could have five minutes at then end of the break (your honor).

AJ: Well make the rest in front of the jurors formally.

Werksman is on his cell phone and he tells Judge Kennedy, “I’m texting my witness to get upstairs." (That's so Judge Kennedy doesn't think he's outright trying to offend the court by being on his cell phone while she's still on the bench.)

The judge and counsel talk about the juror misconduct issue.

AJ: And I leave, and so the whole place comes apart? (It’s said somewhat jokingly.)

AJ: I’ve seen the transcript. One day after another.

JK: I’m afraid for these jurors take any kind of break at all. Mr. Werksman, refer but not waive on the exhibits.

(?) We have a problem.

JK: I’m not necessarily convinced (it's the) same juror. Could be a trouble making person.

(MW?) I am officially concerned that there is a taint of this jury. So maybe I’d like to ask what the court intends to do. Because we may have the same idea.

JK: Let me ask you a question Mr. Werksman. What ever I do with this, it is going to take time and ultimately I don’t know what the result of all this is going to be. And you also made the urgency of a witness testifying (today).

Judge Kennedy asks Werksman if he wants to take up the issue now if his witness is available tomorrow, and they deal with this issue now.

MW: My preference would be to put my witness on. If we have an insurmountable problem (snip) but if we don’t have a problem with the (jury) and we could go on. And I don’t know if it makes any difference what we do with this jury, then i would favor to allow me to put my witness on. But before we have closing and instructions (we deal with the juror issue then).

JK: Okay. We’ll take a break for the court reporter. We’ll call your witness and it will take about an hour and she can go back to where she came from. Then we’ll take up this issue.

JK: And (?) and as I said, I know this is a woman’s voice on the tape. A female juror and it’s no accent. No discernable accent, so its one of the jurors that sits in the back row.
So we’ll figure it out which (one) it is and take a break.

To be continued in Day 6, Part II.....