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May 7th, 2011
I get inside 109 around 8:40 am. Since Mr. Sprocket couldn’t drop me off at the North Hollywood train, I decide to drive. From the time I left my house until I walked into 109 it only took an hour. That’s pretty good considering the lot I park in is over two-and-a-half blocks away.
The 9th floor is virtually deserted at this hour, but I see Jackson in the hallway and say hello.
Once inside 109, I take my usual seat in the second row, right in line with the witness. I got accustomed to taking this spot from sitting next to the late Vanity Fair writer Dominick Dunne in the first Phil Spector trial. It was his favorite spot. He said he like to be right in line with the witness to better see and hear them testify.
I had heard that Judge Kennedy had a collection of tchotchkes on her bench but today is the first time I notice them. I get up from my seat and approach the well to get a better view of the small collection of figurines. There’s at least twelve or more. One is a camel, another an elephant, a duck of some kind. Trying to squint I see a tiny human figurine holding up a US flag much larger than the figurine.
Judge Kennedy comes out of her chambers. She’s not in her robes yet and I note that she’s wearing a very colorful blouse today. Also fro the first time I notice in the first bench row directly behind the bailiff’s box and against the wall, a tiny wooden phone stand and a phone on it.
In each Judge’s courtroom, they have certain areas/seats reserved for officers and it’s usually the one or two bench rows directly behind the bailiff’s box. In Judge Kennedy’s courtroom, there are signs that there is no public seating in the first gallery row. At first, I thought this row would be reserved for family, but that’s not it. It’s much like how Judge Pastor in 107 keeps the back row clear of seating so his jury can enter the jury box from that row and not walk through the well area.
8:52 am Mark Werksman enters and says hello to the bailiff Sean (sp?) and Jackson. A few minutes later Harmon arrives as well as the Detective assisting the prosecution team. Not long after they arrive, all three enter the jury room for a private conference.
When the defendant enters, it looks like he got his shave and (I assume) shower. Right after Fayed is brought in, Judge Kennedy takes the bench and we are back on the record and the jurors are called to enter 109.
One of the pretty Dateline producers is here and we exchange a hello smile when she arrives. The first witness of the day is called.
#8 MATTHEW GRODE
Grode is an attorney with his practice in Century City. His practice is located at 1880 Century Park East. This building is directly across the street facing the parking structure where Pamela Fayed was murdered. (1875 is the address of the parking structure.)
The parking structure where the murder occurred is directly beside one of the twin towers called the Watt Towers. These two buildings are both about 40 stories each.
Jackson enters a whole series of photographs of the buildings. Some are arial photographs showing the two towers and the parking structure. Some photos are of the office building where Grode works. In the photographs, the parking structure is to the right.
I note that the gallery is mostly empty today. There appear to be a few people from either the court or the DA’s office in the gallery. The two other reporters in the room are Gary Fisher from CBS and Hernandez from the Ventura Co. Star.
As these photographs are being entered into evidence, the witness is describing each structure and the relationship to each other.
Goude’s firm takes up the entire 12th floor of his building and a large portion of the 14th floor. His office is directly beside the center window of his build’s structure.
Around 6:30 pm in the evening of July 28th, most everyone else in his office had gone home. He typically worked late. There was only himself ad two secretaries present on his floor. It was very quiet.
Goude’s desk faces into his office. His back is to the windows. There is a credenza behind his desk along the window. That quiet was shattered by screaming. Goude testifies that on a normal day, he can hear noise from the street in his 12th floor office. He’s heard protesters before on the street.
The sound he heard was a loud, piercing screams. He stood up from his desk, turned around and saw the scene (in the parking structure directly across the street).
Because of the lateness of the day and his westward view, if he looked straight out, he would have been blinded by where the sun was in the sky. But because of the shadows created by the buildings, he had a “wedge like” clear view looking down towards the street and the parking structure directly across.
Jackson points to an area of the parking garage in the exhibit up on the overhead screen.
MG: I saw a woman. (snip) It was a woman leaning over, grabbing over the rails, screaming for help.
Goude could tell that it was clearly a woman with light colored hair. He saw her hands trying to hold onto the railing. He demonstrates for the jury how she was holding the railing. Jackson redemonstrates what the witness just did on the rail of the jury box. Her arms were wide spread.
AJ: Did she appear to be along?
There was another person there.
MG: It was a quick, violent episode. (snip) She’s trying ot hand on. (snip) The other person was just wailing on her. There were people on the street, looking up. (But they couldn’t see what I could see.)
The other person’s arms were going in (on the victim) punching, stabbing. The witness demonstrates an overhanded motion, striking downward. Goude did not see the person attacking Pamela clearly.
MG: I knew there was a knife because I saw the blood there. There was a lot of blood.
To my left, I notice that Dawn has become emotional listening to the witness describe the last moments of her sister’s life.
Another photo is put up on the overhead screen. It’s the inside of the low brick wall of the parking garage. There is blood that has dripped down the wall from the railing. It has dripped so much that in several places it reached the floor of the parking garage.
AJ: There was a lot of blood?
The assailant was flailing his arms, coming up and down on the woman very fast; over and over.
MG: Blood on the railing. I was a significant amount for me to see it from the 12th floor down to the 3rd floor (of the parking garage).
Another photo is put up on the overhead screen and the bailiff comes out from behind his desk to see the next photo put up on the overhead projector.
Goude testifies from his view from above, he was able to see blood on the ground (of the parking garage). The person attacking Pamela was trying to pull her back away from the railing and into the darkness of the parking garage. Pamela eventually went down and then she was out of his “wedge” of view. His secretary came over and the both were able to see the blood on the ground. His secretary came over after the victim was out of his wedge of view.
AJ: Could you tell if it was a male assailant? Could you see any of his features? Could you determine from your point of view the relative size?
MG: I would “assume” it was a male; I know it’s not good to assume.
Goude could not see the assailants features or tell the relative size of both Pamela to her attacker.
AJ: Was she continuing to scream?
AJ: Did she appear to be struggling to get away?
AJ: Could you hear what she was saying?
MG: It was a constant, “Help me! Help! Help! (snip) Everybody on the street just stopped and looked up.
He heard her screaming through plate glass 12 stories up.
Once she was pulled away from the railing by her assailant, Goude could not hear her scream. She was out of his view.
AJ: Did you ever see her again?
MG: Once the paramedics arrived, (I) saw her when her body was taken out by the paramedics.
There was a body on the stretcher, covered by a sheet.
Direct is finished and Werksman has no questions for this witness.
Throughout the presentation of the evidence photos, Jackson is obviously unhappy with how the photos are appearing up on the overhead screen.
Harmon is up next to present the next witness. He tells Judge Kennedy he would like to mark several photos at once into evidence. Jackson tells Judge Kennedy at this time he’s going to try to arrange to have a flat screen TV set up so that the photos would appear clearer to the jury.
I noted that the jury appeared to be very attentive as this witness was testifying on the stand as to what he saw. When his secretary came over, Pamela had already been pulled away from the railing and out of his “wedge” view of the scene.
#9 ERIC SPEAR
Spear is a detective for the LAPD for over 15 years. He states his current division he is assigned to which is different than his assignment back in July, 2008. Back in 2008, he was assigned to a homicide division in West Los Angeles.
He responded to the location on orders from his supervisor. Spear is asked to describe Century City.
ES: It’s tall business buildings, commercial area. There are no residences (houses). There are malls and some places to eat.
Spear arrived at the scene at approximately 8:45 pm. He was the lead investigator (for the evening?). That night, he, his partner, his supervisor and the night detective (?) arrived at the scene. There were 30-40 police officers already at the scene when he arrived.
EH: When did you find out that the victim had died?
ES: I received word in rout or immediately when I arrived at the scene.
EH: What did you know about the victim?
ES: I learned she was exiting a meeting with her divorce lawyers and entering a parking lot area.
It took his some time, about an hour-and-a-half to arrive at the scene due to traffic. There was media already on the scene. The scene was secured. There was no pedestrian traffic. The area was sealed off with yellow crime scene tape. There was limited officer traffic through the scene.
He called the on-scene sergeant and instructed, “Don’t let anyone go in there.” Uniformed personnel secured the area and were blocking the entrance.
More photos are put up on the overhead screen. It’s arial photos of the Century City Watt towers. There’s photos of the courtyard plaza between the high rise and the parking structure. The courtyard separates the parking structure from the tower.
Another photo of the entry and part of the parking structure.
EH: How was the area secured?
There’s crime scene tape up in one of the photos showing that no one was allowed in or out of the structure. The elevator was secured. Police blocked off entry to the building and parking structure.
He went to the 3rd level of the parking structure and was met by the commander of the scene. He went by way of the elevator. Spear testifies that the parking structure is typical of most parking structures where the spiral to get up and down is in the center of the structure.
More exhibit photos, the next one is a photo of the third floor parking as one would exit the elevator onto the 3rd floor.
People’s 46, another photo. It’s a scene with the paramedics paraphernalia still at the scene on the ground. This is the primary crime scene.
People’s 47 is another view of the scene from a different perspective. You can see what appear to be bloody towels on the ground. In the photo, a black car is on the right and a red SU is on the left. (This SUV is NOT the getaway vehicle.)
Another photo that’s a view of the scene. There are large pools of blood on the ground to the rear of the two vehicles. There appears to miscellaneous clothing/towels on the ground. You can see the crime scene placards with numbers on them in the photo.
The witness is asked to describe how the placards relate to evidence. Spear states they place a placard by, lets say, the blanket on the ground. A placard #4 can be seen by a pool of blood; #1 by a piece of clothing containing (blood)?
ES: It’s how we document and book evidence.
So, if a blood sample is taken from say, #4 or #1, then can clearly document the chain of evidence and to “where” that blood sample was taken from.
Next photo is of blood spatter. There’s a pool of blood near the exterior “wall” of the floor of the parking structure. It’s a “half wall.” There’s a blood trail leading from the railing (wall) to the rear of the vehicles.
Spear is asked what the distance is from the front wheels of the black Yukon (Pamela’s vehicle) to the rear wheels of the red vehicle beside it.
ES: Three feet.
Next is a photo of a pool of blood near the front of Pamela’s vehicle.
EH: How many homicides have you worked on where you are the lead investigator?
ES: Lead on 25. (He’s worked on) ...close to 50 (homicide investigations).
EH: You had a deep range of experience at the time of the crime?
The witness verifies that he’s been to a lot of crime scenes. This crime scene, there was a significant amount of blood. A lot of blood loss and blood pooling.
Next is a photo of the blood on the cement wall and the railing right on top of the cement wall. There’s a crime scene placard at the top of the half-wall. This photo is of the wall right between the two vehicles.
People’s evidence 52 is a side view of this same wall, showing the top of the wall/ railing.
Looking at the jury, I note that two of the woman cover their mouths with their hands, much like Hillary Clinton did in the photo released by the White House of the command center during the raid on Osama bin Laden’s compound. (I recommend reading the blog Eyes For Lies for an analysis of what body language and facial expressions can tell you about what emotions an individual is feeling at the time.)
There’s another photo. It’s a close up of blood smear and spatter on the half-wall and railing. There is pooled blood dripping down the wall all the way to the floor of the garage.
EH: Was there anything you found at the scene you thought was significant?
ES: We pulled the surveillance video.
EH: I was talking about the purse.
Another photo is of Pamela’s purse on the ground. They found the purse directly to the rear of the vehicles. There’s a placard by the purse, #9.
I note it’s 10 am. The file drill alarms go off.
Judge Kennedy instructs her jurors on where they are supposed to gather across the street on Temple and that a roll call would be held.
Back inside 109 at 1:30 pm, I see that Jackson got a LCD computer screen... it’s about 18” by 2’ so, maybe a 23” diagonal screen. It’s situated between the witness stand and jury box.
1:35 pm We’re back on the record.
The computer screen is much smaller and farther away from me and harder to see. But you can tell from where I’m sitting that the images are sharper.
Spear is back on the stand and the prosecution is presenting more video. It’s an exit view of the South tower. Individual point to at the top of the parking structure.
Now a video of the exit going out to the south side of the parking lot. The people in the red car are trying to get out this exit, but it’s only for people who have prepaid and have a card to get them out. The suspect gets out of the car, and tries to use the ticket in the card reader. It doesn’t work. He gets back in the car. The driver puts the car in reverse and heads out to another exit.
Video of the exit to Century Park East where we can see the suspect vehicle leaving the parking structure. Spear explains the ticket procedure of how one gets a ticket wen they enter the parking structure and then uses that ticket when they pay.
Now video of triangle area between parking lot. Video of James Fayed leaving the building. Now, another video, different angle of lot and tower. Everyone else in the video is looking in the direction of the 3rd level parking structure and the ambulance and police presence. But James Fayed on the video, is Fayed, in a white shirt and dark pants, walking around the plaza aimlessly. Spear identifies the individual who is going off to the right, that’s Mr. Fayed.
He’s slowly walking to the right, but NOT looking with everyone else on the plaza to the left. To me, it looks like he is aimlessly walking around. Now he’s slowly walking away from the camera view far off to (my) left. Then walks a little ways back to (my) right.
More exhibits are presented, still photos. People 71. Schematic drawing of parking structure, 3rd floor.
People #72. Another schematic of the first floor where cars enter the garage. Spear shows on the drawing where the video cameras were to photograph the suspect vehicle.
ES: Photo of person out of the car holding a sweatshirt or jacket os some kind.
Spear states LE got the license plate of the suspect vehicle within first two hours of being on the scene. The conducted a DMV registration search and the plate came back to an AVIS rental car. The immediately placed a warrant on the plate/vehicle.
They sent a sergeant to AVIS to see who rented the vehicle.
ES: I found it was rented through Camarillo AVIS by James Fayed.
Detectives searched that day’s ticket stubs and found that the car entered the parking garage at about 3:30 pm. The tickets were sorted in stacks of 25 at the time of exit. Based on the amount paid, they were able to determine how long the vehicle was there. They paid $32.00 in parking fees.
The entrance time on the ticket was 3:53 pm on the 28th and the fees paid were $32.00
At that point, they continued to investigate the crime scene. Spear booked the parking ticket into evidence. They finished with the crime scene at about 4:00 am and returned to the station. He spoke with his partner and his superior about the case. After learning that James Fayed was the renter of the vehicle, Spear immediately started writing the search warrant the next morning. He went to a judge, got the search warrant signed and went to the residence on the same day, the 29th. The “Happy Camp Ranch” residence.
Moe arial photos of the property, the gate the barn. It was around 5-6 pm they went to serve the search warrant. Spear identifies the structures, the front gate and the small white stucco house that Mr. Moya lived in.
Detectives contacted AVIS to put a hold on the car if it showed up and have no one go near it and leave it in a secure area.
Search warrant of the Happy Camp property. There were two safes found on the property. One in Mr. Fayed’s residence and one in Moya’s residence. At first, they were not able to gain access to the safe in Mr. Fayed’s house or the one in Moya’s house. They obtained another search warrant to force entry to the safes, two days later on the 31st of July. They forced the safe in Fayed’s house. They did not have to force the safe in Moya’s house.
On the Wednesday the 30th, LE received a call from AVIS. The car they were looking for had been returned overnight, in the middle of the night.
They reiterated with the owner of the AVIS: Don’t touch the car. Leave it alone and arrange for transport of the vehicle into custody. Quicksilver Tow was assigned to pick up the vehicle.
The first thing Detective Spear noticed was it was completely cleaned inside. Finely detailed inside and out. It was Armor All-ed® and steam cleaned inside and out.
SID showed up to (crime scene?) to investigate vehicle.
Spear testifies that he stayed with the criminalist while he completes his investigation.
Photos of the interior of the vehicle are put up on the overhead screen. Photos of a red substance on four areas of the interior of the car. Photo of carpet/fibers with blood. Spear can’t immediately remember where in the vehicle this carpet stain was found.
EH: When you saw this, what were you thinking?
ES: I was thinking it would be Ms. Fayed’s blood.
Harmon has the detective look at a property report to refresh his memory as to where the blood was found. The detective describes the locations.
1. Red stain from second row seat, the fold down seat latch.
2. Third row seat on back surface area of the back seat.
3. Seat behind driver.
(I believe those are the four areas.)
After the criminalists collected blood evidence (from the car), He then went back to Happy Camp to serve the search warrant, collect evidence and open the safe on August 1st.
In the search of the main house, there was a wall calendar in the kitchen. Photos of the wall calendar. Written in large script on one day of calendar “Car Due Return AVIS 4 pm”
More photos of the contents of a drawer and contents of a safe. Gold bars, 1 kilo gold bars were found on the search.
Photos of the contents of the safe are presented, a metal suitcase and of an American Express ‘Business’ charge card. The drawer contents consisted of a large amount of currency, $24,980, in a zip lock type baggie.
EH: Did you find any other money in Mr. Fayed’s residence?
ES: I found an additional $26,000 in cash.
Photos are presented of the cash found inside the silver suitcase. The American Express ‘Business’ charge card was in the name of James Fayed.
In Fayed’s residence no gold was found. In Moya’s residence, Spear found “...a significant amount of gold in Moya house.”
There are many photos of all the gold found. Many, many coins and bars. Spear went through each piece of gold and weighed it all.
ES: Bars and gold coins totaled 62 pounds.
The bars weighed in kilos. There were twenty 2.2 pound bars. Whereas the coins, some of the coins were a full ounce and some were 1/2 ounce.
Direct ends and cross begins.
Werksman first asks about the ranch hand house that’s identified as Moya’s house and that the safe was sealed.
MW: Did Mr. Moya open the safe?
ES: I didn’t know how it was opened.
MW: Mr. Fayed gave them the combination?
ES: (I) think Fayed gave them (LE) the combination.
MW: You have no way of knowing if Mr. Moya knew the contents of the safe?
(I believe Spear answers, That’s correct.)
Paperwork about AVIS rental car.
MW: The vehicle was rented by Delilah Urrea, but it was used/ for Jose “Joey” Moya?
I miss answer.
No more cross and the witness is excused.
#10 EDWIN RIVERA
Mr. Harmon presents the witness.
Mr. Rivera is an accountant who works at 1875 Century Park East for the past 6-7 years. At the time of the murder, he had worked there for 3 years; worked in one of the Watt towers.
His normal work day would be to start at 8:30 am and go to 5:30 pm. Rivera drives a Honda Civic and lives 58 miles from home.
EH: Do you do anything right after work?
ER: I usually wait in car 45 minutes to 1/2 hour. (snip) I listen to radio, close my eyes and wait.
This was so Mr. Rivera did not have to drive in the rush hour traffic. By leaving later, he would miss it. Before the murder, he used to park on the third floor of the parking garage. Afterwards, not any more. To and from his car, he always took the stairs.
ER: When I got in the parking lot (from work), I noticed a strange car on my right side. There are three spaces, right by the elevator. These are the best spaces.
Mr. Rivera states he notices cars that are not usually parked on this level. He noticed someone sitting in the driver’s seat in this car, wearing a sweater, a black sweater. He noticed this because it was 90 degrees out.
ER: It was strange to me but I went on, kept on going (towards his car).
Harmon shows him a crime scene photo. Rivera points out in the photo, where his car was parked. It was seven spots from Pamela Fayed’s black Yukon.
Another photo and Rivera is asked if the car was the photo shown. ( I believe Harmon showed Rivera the getaway vehicle.)
ER: It looks like it.
This car was next to the elevators.
ER: It was strange to me. I’d never seen (a? that?) car there before. (snip) It was strange to me someone (with? in?) a black sweater. (snip) They were sitting with their arms stretched, holding the steering wheel.
EH: Was it a man or a woman?
ER: I couldn’t tell. (snip) I couldn’t see anyone else.
EH: Just the person in front?
He just saw the arms; he didn’t know the gender (of the person).
Rivera went to his car got in, settle in and closed his eyes. He was just waiting for traffic to die down.
EH: Were your windows up or down?
ER: They were down.
Rivera put his seat back an rested.
ER: It was about 45 minutes and time to go. (About) 6:20 pm.
He plugged in his cell phone, put the key in (the ignition) and heard the first scream.
ER: I didn’t know what to think. (snip) At first, I thought someone was playing a prank. (snip) Then I heard the second scream and I knew that she (miss the rest of the answer).
Rivera got out of the car.
ER: I heard other people screaming and didn’t know what was going on.
He went over to the wall/railing and looked down at the street where some of the screaming was coming from and saw a woman pointing to where he was.
ER: So I knew it was close to me. So I turned around. (snip) These guys jumped out of these two cars. (snip) I saw ar ws parked, he jumped out of these two.... out from in-between these two cars.
The car he saw... at back.. was the same car parked in the parking space when he came out from work and entered the parking garage.
ES: He just jumped in the car. They took off right away. (snip)
EH: He just jumped in the car and took off the wrong way?
EH: The car was running?
EH: The door was open? May have been closed?
EH: How far away would you say the car was from where you were?
Rivera states it was about to the second bench row in the gallery. Judge Kennedy calculates that at about 28 feet from the witness stand.
ER: I never thought that I was gong to see what I saw. (snip) I couldn’t see his hands or his face.
The suspect was possibly wearing gloves. The suspect was skinny. He was wearing a hoodie and jeans. The car went the wrong way going down.
EH: He got in the left rear door behind the driver?
EH: (What did you do next?
ER: At that point, I started to chasing the car. Someone came in (to the garage from the stairs or elevator) and I yelled at the person to get the license plate. (snip) At that point I was right next to where she was.
Next photo, People’s 50. Rivera went in-between the two cars.
EH: What did you see?
ER: At the beginning, I didn’t know what it was. It looked like a pile of dirty clothes. Then, after one, two seconds she turned her head. (snip) Her eyes, they were the only thing that wasn’t covered with blood. (snip) She got up, took two, three steps, stretched her arms. She tried, or wanted me to hold her.
The witness starts to break down, reliving this event.
ER: I didn’t know what (to do), so I stepped back. I just said, “Get down mam, we’ll help you. You’ll be okay. (snip) Just sit down mam; keep talking to me.
Dawn, Pamela’s sister sitting in the gallery, starts to cry.
ER: I kept talking to her. She sat down. She told me, said, “Please help me. Don’t let me die.”
EH: How close were you (to the woman)?
ER: I was really close. I could smell her perfume mixed with the blood. (snip) At that point, she couldn’t breathe anymore. She had shallow breath. I didn’t (know).... (snip) The only cut I saw was a cut under her eye.
Dawn continues to sob.
ER: I was yelling to people, “Please Please, please hurry up.” She was moving her head from left to right. She was making this gurgling sound.
The witness makes the gurgling sound he heard. The noise she was making that she was trying to breathe. Gurgling.
ES: Then she just thrashed her arms and legs and I could feel her taking her last breath. That’s when I saw her throat. I was looking at her and I went numb. She had no flesh where ( her neck wound was). That’s when I just froze. (snip) I was asking the paramedics, “Is she going to make it? Is she going to make it?” I was....
ES: They said, she has no pulse. It was unbelievable.
Dawn cannot hold it back anymore and openly cries. Her brother Scott’s face is red and it looks like he is barely able to contain his emotions while he tries to comfort his sister.
A photo of Pamela on the ground is put up on the overhead screen. She is mostly covered by a blanket on the ground, but her right arm is stretched out and is not covered by the blanket. Her entire right arm is a dark, dark red. Solid red. I don’t see any part of her right arm that isn’t red. It’s shocking. There is quite a bit of blood on the ground beside her.
Direct is finished and cross begins.
MW: At any time on the red SUV, could you tell how many people were in the SUV?
Rivera states he looked like he "just flew in". He doesn’t have a recollection of him opening the door. It looked like the car was already moving. He didn’t see anything of the person who was driving.
The morning break is called. Dawn and Scott continue to comfort each other through their pain. Jackson, the prosecution’s clerk and the detective come over to Dawn with some tissues and try to help console her.
There’s no redirect of this witness.
Right after the photo of the victim was put up on the overhead screen, it was there for only a very short time to show what Rivera saw. Then Judge Kennedy quietly asked the prosecution to take the image down.
It’s still difficult for me not to become affected by people crying over the stark reality of what happened to their loved ones. When Donna Clarkson would cry in court during the Spector trial, my eyes would start to well up, too, just like they did during this testimony.
Steve Meister gets up from the gallery and stops by the family to say to them, “I’m sorry for your loss.” I note that Fayed is wearing that brown suit and pokadot tie again.
At 3:15 pm the court clerk calls for the jurors. Fayed stands when the jury comes in, his arms in front of his huge girth.
If I’m remembering correctly, I believe that it was recommended to Dawn to leave the courtroom for the next witness. I saw someone from the prosecution team speak to her and she left right afterwards.
#11 Dr. STEPHEN SCHULTZ, MD.
Dr. Schultz is a forensic pathologist and a deputy coroner for the Los Angeles County Coroner’s office. Dr. Schultz gives his CV. He’s board certified in pathology and forensic pathology. He’s performed approximately five to six thousand autopsies. He’s testified in court anywhere from 400 to 500 times as an expert witness.
His job is to determine the cause and manner of death and make observations into the circumstances of death. He performed the autopsy of Pamela Fayed in July of 2008. On July 30th, he prepared a report. That report/case is # 2008-05333. The report is produced either by being written or dictated.
A juror in the back row had a hand over their mouth. Scott is still visibly upset about the last witness’ testimony.
As a matter of procedure, the body is photographed before the autopsy. These are primarily routine photos that documented (the condition of the body).
AJ: did you take these photos yourself?
Dr. SS: Oh no. There’s staff that do the photography.
AJ: Photos taken before in situ?
Dr. SS: There’s at least one such photo.
MW: Objection! Relevance. (overruled?)
Is this the photo
Dr. SS: Possibly. This is not an autopsy photo.
It’s quite possibly a police photo or the victim or “intake photo.” He wouldn’t be able to tell with....
I can see an injury under her right eye. Looking at the photo up close, Dr. Schultz identifies Pamela.
Dr. Schultz states he used an alpha system to label the victim’s injuries. A, B, C, D, etc. The labeling is just for descriptive purposes. It’s arbitrary and doesn’t indicate which would occurred first.
Pamela’s injuries are presented in clinical detail through a series of photos. Dr. Schultz describes each injury, their depth and length.
WOUND A: A sharp force cutting injury from edged (instrument) on the right side of lower neck.
Most often, the cutting instrument is a knife.
It’s a massive cut on the right side of her neck. To me it looks like it’s six inches long but Dr. Shultz states the wound is less than 3” long, about 2 1/2” in length. The maximum depth was no more than an inch. An artery was cut. I’m guessing it was her carotid artery.
AJ: What would that produce?
Dr. SS: A pumping flow, spurting, under pressure. Free flow from an arterial wound produces a (pump and spurting.)
AJ: Was this in your opinion a fatal wound?
Dr. SS: Yes.
AJ: Was this wound consistent with someone standing behind and drawing a blade across the neck?
Dr. SS: Yes.
WOUND B: Left side of face, cut across the jaw. The skin was cut under the jaw bone. This is a stabbing wound that has a cutting compound to it.
The jury appears to be very attentive to me.
AJ: Ear to chin, is that correct?
Dr. SS: Yes. Back to front. Not a fatal wound.
Now there is some confusion as to what wound Dr. Shultz is talking about and even Judge Kennedy is confused.
WOUND C: Is back on the right side, on the right jaw line. Not a (rapid?) life threat wound.
AJ: It’s deep?
Dr. SS: Yes.
AJ: It would bleed a lot?
Dr. SS: Yes.
AJ: Consistent with someone behind her trying to bring a blade across her neck/jaw area?
Dr. SS: (Yes.)
WOUND D: Wound under left eye, cut at bridge of the nose, starting in inner angle of the eye against the lid in the angle of the orbital. 1/4” deep.
AJ: These are cutting wounds? (snip) Nonfatal wound?
Dr. SS: Yes.
AJ: Consistent with someone behind her and cutting (the) blade across her face?
Dr. SS: Yes.
WOUNDS E & F: Back of Ms. Fayed’s neck. Cuts in skin; superficial cutting components. Three injuries, two the deepest.
AJ: Are these nonfatal wounds Dr.?
Dr. SS: Yes. (snip) They are basically simple linear wounds.
WOUND G: Chest wound. Small stab wound in/above the sternum. A stab wound just below where the knot in a tie might be.
Dr. SS: This is just below the breast bone.
AJ: How deep is this wound?
Dr. SS: 1/2” deep. It extended just to the bone. It would have included the tissue and skin. Nonfatal wound.
AJ: Observed wounds you would describe as defensive wounds?
Dr. SS: Yes.
WOUND H: Left arm, interior part of forearm. There appears to be a significant injury right in the middle of the forearm. Stabbing wound that has a cutting component to it.
Continuation of defensive wounds on the left arm.
WOUND I: Tip of wound went through arm and poked out the other side.
Injuries to right arm, wrist area.
WOUND J: Wrist, interior, closest to thumb, cutting injury to.....
WOUND K: Left hand cut on left forefinger near the base. Defensive wound.
There is another cut on forearm near the elbow, that Dr. Shultz states could be a scratch of the skin.
Back to the right hand. Wounds on anterior surface, right forefinger. Blunt type of injury, an abrasion, evolution. It was consistent with the timing of other injuries.
AJ: Based on your review of Ms. Fayed’s entire body, based on everything you reviewed in this sase, could you sat that Ms. Fayed put up a fight in her death?
Dr. SS: Yes.
Mode of Death (MOD) Homicide.
Manner/Cause: Sharp force injury.
AJ: Death at the hands of another person?
Dr. SS: Yes.
AJ: The only fatal injury at the right side of her neck?
Dr. SS: Yes.
AJ: Was that wound immediately fatal?
Dr. SS: Not likely. (snip) Death might occur from one minute to five minutes. (snip) I would not expect immediate unconsciousness from any of these wounds.
AJ: She would have been conscious, aware of her surroundings and feeling pain?
Dr. SS: Yes.
AJ: Five minutes on the outside, for, two to three minutes consciousness?
Dr. SS: Yes.
No questions on cross.
#12 MARK NEWHOUSE
Newhouse is a special agent with the FBI. With the agency since August, 2004. He was working for the FBI in the Moorpark area in 2008. The FBI participated in a search warrant issued on Mr. Fayed’s property.
At the conclusion of the search warrant, Mr. Fayed was arrested on the federal indictment. It was late on a Friday when Mr. Fayed was arrested. It was too late to take him back to Los Angeles County for booking.
MN: So we transported him to Ventura County, and booked him as an “in router.”
JK: In router?
MN: As in route to someplace else.
Newhouse served a search warrant at storage facility, AVIDOR, in Camarillo. It was a storage facility rented by Pamela Fayed, a public storage unit. Her unit was door MM2. Her unit was behind a secondary door “F.”
Newhouse recovered four boxes of documents. Fifteen to 20 pages were entered into evidence. Some of the pages fifteen of them, were recovered from one box. They were E-mails in a folder (labeled) Jim’s last E-mails to me.
The next pages entered into evidence, through page #25 were found in a box labeled #4.
After the search warrant was concluded on August 1st, Fayed was transported to Men’s Detention Center on August 4th.
There is no cross of this witness.
We are done for the day and Judge Kennedy orders the jurors back by 9:15 am.
Judge Kennedy reminds the parties that Monday will be an abbreviated schedule and a shorter lunch. Jackson tells the court that he may complete the case by Wednesday morning. The defense states they only need about 1/2 day. That’s the estimate at this point, 1/2 day.
Judge Kennedy informs counsel that she will be using CAL JIC jury instructions. She is not brave enough to use CALCRIM on a death penalty case. I believe I overheard someone on the courtroom ask that she didn’t want to be the first person/judge to do that.