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This is a continuation of Penalty Phase, Day I.
Update May 27th, 2011 8:46 pm: Added Greta Baught testimony. Sprocket.
Update May 26th, 2011 9:35 pm: Added Shelbi Hamilton testimony. Sprocket.
Update May 21st, 10:10 pm: Added Scott Goudie testimony. Sprocket
Update May 21st, 5:40 pm: Added Christina Holland testimony. Sprocket.
Update May 21st 3:30 pm: Added Dawn Opoulos testimony. Sprocket.
May 20th, 2011
10:25 am: Jackson and Harmon are all set up at the prosecution table. Werksman is at the clerk’s desk. There is a UCLA Extension class of students here in the courtroom with about 14 students and someone who obviously is a teacher.
Marjorie from the Ventura Co. Star was called away for another story and so was Greg Fisher from CBS 48 Hours. I’ll miss having them to chat with.
My trial watching friends Katie and Lisa are here. They are in the back row sitting next to Terri Keith from City News.
10:30 am: Sean tells the clerk that we are still missing jurors.
10:34 am: Defendant is brought out. He’s still in a suit. Now, Meister is sitting where Werksman did in the guilt phase of the trial and Werksman is sitting on the end of the table. It’s like I suspected. Meister is presenting the mitigation of their client to spare his life.
Judge Kennedy takes the bench. I can see under her robes she’s wearing a beautiful teal-colored top.
JK: Once again on the record.
Defense wanted a 402 hearing on a couple of things.
SM: Spoken to the people and some of the issues have been taken up. No factor (re?) evidence. Quick question for the court on whether you will pre-instruct on death penalty.
JK: What I was going to read them was 8.85 and tell them they would get more specific instructions at the end.
SM: I agree with the court. It’s just the weighing factor is a bit different this time around.
SM: Looking ahead, towards closing argument.
JK: Each side going once.
Jackson wants to be heard on both prosecution members speaking.
JK: Well I’ll let you be heard on that, however, I would be very surprised if I changed my mind.
AJ: You would know.
JK: Unless I heard something I’ve never head before that I would consider.
AJ: You’ve never head us before. Neither one of us expect to be extremely lengthy in our closing but its important for both of us to give both of our closings. But it is important that both of us in this month long odyssey to at least make eye contact and have chemistry with jurors. (I think Jackson argued more but this is all I got.
JK: This is not persuasive. Each side will go once (with defense going last).
SM: It looks like this will all work out. They (prosecution) anticipate finishing this coming Monday. (snip) I have two witnesses that need to be off (on planes?) Tuesday or I’m going to lose them.
JK: If for some reason the prose didn’t finished on Monday we’ll take your witnesses out of order.
Meister talks about someone “Nancy” (maybe a psychiatrist; doctor?) who is unavailable the 26th and 27th.
JK: This is going to go much faster than you think it’s going to go.
SM: Victim impact evidence. I’m asking for 402, limited scope. Want to ask what they victim impact is. I want a ruling on that before their witnesses take the stand. May I make a record?
Meister then goes into a lengthy reading of prior case law regarding victim impact evidence. I try to catch some of it but he reads too fast for me. The first case he mentions is Payne (sp?) vs TN. After the Payne (sp?) ruling Payne (sp?), the California Supreme Ct in People vs Edward's said they looked back to Payne (sp?). From what I’m gathering Meister is arguing that victim impact statements should be limited in some way.
I believe he’s requesting that because of the inflammatory nature of victim impact testimony, that the court not allow it to become accumulative. Ask the court to order people to instruct their witnesses.
SM: (This is ) clearly defined by case law. That there be no statements characterizing (?) of the crime, not to address the defendant personally and also not testifying about anything about the victim that was not known to the victim at the time of the crime. (snip) So that legitimate victim impact statement doesn’t derail the trial.
JK: (Do the people wish to respond?)
AJ: I’ll respond. first of all under Payne (sp?) vs TN. First, I want to set the tone immediately that the only time victim impact should be limited, when it becomes so overbearing.
2. Counsel is correct. Both (case law?) stated that opinions concerning opinions about the defendant are not admissible. Also statements about punishment we’re not going to go there also. We will stay within the restriction; we’ve spoken to the witnesses or most of the witnesses about those parameters.
The second point that counsel asked about ordering the people not to let (? ? ? ) from the victims and family members, I don’t know if you can do that.
(?) I don’t even know what the law is (on that issue).
AJ: Assuming that Desiree would even know what the defendant knew at the time he committed the crime, that makes no sense. That’s not the law.
Jackson cites case law.
(?) Jurors may consider sympathy of, .. (miss the rest).
AJ: That they (the people?) should be able to elicit how THEY feel and how SHE suffered (during the crime), her suffering, when she died. (snip) How the loss has affected them (when they) thought how she suffered....
Jackson presents more cases for his argument, all stood for the proposition (the witness) may testify to their own perceptions as to what the victim may have experienced when she died.
AJ: I think you are going to see a very dignified presentation from all the family and her friends.
(JK?:) I don’t think there is any prohibition from looking at the defendant
JK: If it turned into name calling or raising their fist, I don’t think that’s proscribed.
AJ: The last thing I would indicate, this is directly (in) response to Mr. Meister’s limit objection to accumulative, (witnesses) we plan to call eight witnesses. Five family members and three friends. The six friends that were going to be called (during guilt phase) reduced to three. Each will present a unique friendship that they had with the victim.
SM: In response as to, pertaining to intention (?) offer through victim impact statement. (snip) The witnesses perception as to what the victim has gone through I would object to. In US, the high court did allow, but the defense didn’t object during trial.
Meister cites more case law.
JK: Then I think that’s relevant. If its offered only to say she suffered a horrible death, but I assume the way she died affected the victims and I think that’s what they will probably. say.
(Judge would allow that).
AJ: You’re absolutely correct. We’re eliciting the information ....their imagining, the way that she died, impacted the way that they’ve grieved.
SM: May I be heard further. It becomes a 352 issue.
JK: Just in general, they're not precluded, It may be that 8 people is too many, or 25 people is too many, I don’t know. But zero is not called for.
SM: I understand from the limits of the court’s relevancy. None of the decisions since Payne (sp?) have ever blessed, this imaginary visions offered by victim impact statements.
(?) The theorizing as to what may have happened ... we’re talking about the impact of the murder. Not the impact of the (they?) imagined may have suffered.
(?) Are people offering by power point or in (other means), photos of Pamela?
EH: No power point, but photos yes.
SM: Objecting to childhood photos (of the victim and family).
AJ: The family that the relationship, her brother and sisters enjoyed is relevant and it’s admissible.
JK: Objection overruled. Are we ready for the jury?
SM: May I have just a moment.
JK: We have all the jurors?
EH: FBI agent going to be first introducing documents found then Dawn, her sister, and brother.
SM: What are the documents?
AJ: (We would like?) to include documents presented by FBI that were originally ruled inadmissible. (It’s a) letter written to her daughters by Pamela.
Judge Kennedy asks to review the documents.
SM: I object on hearsay. The purported writer is unavailable to authenticate it. And it is the content of the record ... (snip) dated 7/7/06 that does not say who the author is.
Meister asks to read the note into the record.
To my dear sweet baby girls.
Please hear me and know that I am forever with you. You are the fruit of my labor in this life and I am so proud of you both. Listen for my voice to guide you. I want so much to hold you in my arms and kiss your sweet faces for eternity. Please keep my family together with gentle love and understanding. You are all that exist for me now. Never abandon. Family is truly the only thing that is important.
Protect each other at all costs.
Love with all my well being, Momma
SM: I don’t know who wrote it. I don’t know that people will be able to establish who wrote it.
AJ: First, we will be able to establish that it came from Pamela Fayed’s personal property shed, stored by her.
Number two, it was located attached to a will, dated 7/7/06. It ws clearly intended for her girls upon her demise if she left this earth.
(Amazing. Pamela Fayed, two years prior to her death, planned ahead. That if anything happened to her, her daughters would have a message she wanted them to hear from beyond the grave. Even as I edit this entry, tears come to my eyes reading this letter and knowing Pamela’s girls still have not seen or held this note from their mother.)
AJ: Desiree is the one who I would show it to. She’s never seen it. (She would be able) to authentic that it is her (Pamela’s) writing. It’s not offered for the truth of the matter. (snip) It would never have been uttered to her, if James Fayed had not (killed Pamela Fayed). She’s only dead at his hand. And she, Desiree, is going to be impacted by the last words of her mother, by her, for the rest of her life.
JK: No. (snip) Never been shown to her before? NO. (You want to show this to create a reaction with your witness in front of the jury.)
AJ: (I disagree with the) court to assume what I want. I will respect the courts ruling but to purport to know what I want to do, is inappropriate.
(You can tell that Jackson is not happy with the courts ruling. He becomes more passionate in his argument to get this document into evidence and in front of Pamela’s daughter, Desiree.)
Jackson goes into the fact that the people are able to show videos and other (visual?) aids to the witnesses.
AJ: It’s one of those tools (that) is clearly relevant. It’s resulted in their mother, having to speak to them literally from the grave.
Judge Kennedy is firm.
JK: Were not going to do that in front of the jury. The letter was written in 2006. I do believe it’s hearsay, and I don’t think its appropriate for its’ use during the penalty phase.
(Interesting. Is this truly hearsay evidence if it’s not offered for the truth of the matter? It appears Judge Kennedy has just kicked the chair out from underneath the prosecution from presenting powerful victim impact evidence to the jurors.)
JK: The witnesses can testify to the loss. I think the use of (this?), something that was written over two years before she died, read to the witness in front of the jury, (is ?) and I’m not going to allow (you?) to utilize that.
Harmon gives it a shot to try to get this evidence in.
EH: We’re not offering to (Pamela? ??) knew or the content; not offered for the truth of the matter. What’s relevant is the impact that Pam’s death has had on these people. So it’s not offered for the truth, even if it were, it’s the whole impact that it has. It’s the whole reason that were here because his actions have had the impact on these people. So it’s relevant to that issue.
EH: The court says, it’s prejudicial, we’re trying to show the emotional cost that these (actions ) resulted in.
JK: I’m sorry (it’s not coming in?).
EH: We feel that it’s (the note) fair. I’ll tell you this. We intend to share with the people (Pamela’s family) every single detail of this case.
JK: Of course. Do you want it marked to be as part of the record?
EH: Please mark. It was no ploy. The family has not had access to any of the documents to anything in the storage locker.
JK: It’s been in evidence (all this time)?
EH: And they are all aware that there is a letter that Pamela wrote. We’ve never taken a ... (miss last).
Judge Kennedy says it will not be given to witnesses before the jury. “Absolutely not,” she rules.
Meister doesn’t want any comment about the letter on the record (in front of jurors). Judge Kennedy agrees.
So, no letter and no FBI agent testifying.
I ask one of the students in the last bench row what they are studying. He says the class that is here is studying English as a second language.
Meister and the female public defender with short gray hair speak for a moment in the gallery. The ELMO (overhead screen) isn’t working and Judge Kennedy asks the prosecution to look at it to see if they can fix it.
The defendant was taken back into holding area and then brought back out so Jackson can enter photos into evidence. When Fayed comes back out, he’s got a yellow legal pad page of paper in his hand. He speaks to Werksman. Jackson is entering eleven photos into evidence before the jury is brought in.
JK: Ready for the jury? Alternates?
Clerk: Calling alternates for 109 (from the hallway).
Judge Kennedy addresses the jurors.
JK: We are about to embark on the penalty phase of the trial. This part of trial is quite different. I just wanted to give you not all the instructions that you will receive, but you’re job during this (part of the trial) is to make the determination what is the appropriate penalty. There are certain factors that the jury should consider. I will read them to you now so that you will have them in the your mind.
In determining which penalty shall be imposed, (you should? consider?)
a. the circumstances of the crime, and the existence of special circumstances
b. presence or absence of criminal activity of the defendant;
use of force or expressed or implied threat
c. prior felony
d. whether or not the crime was under the influence (of drugs? alcohol?) or mental disturbance
The list goes on with many more items but I don’t try to get all; the list Judge Kennedy is reading is long.
JK: Opening statements of counsel?
Harmon steps up to deliver the opening.
EH: Up to this point you have witnessed James Fayed’s bloody road that he traveled and you to have traveled a road of (deliberation) to get to where we are today. And you have one more road to cross. Up to today, it’s all been about James Fayed and his road.
EH: We now have a unique opportunity to shift away and focus on the people and the wake that this crime has caused on the family and other people. They’re going to have their day in court and on Monday they will have their day in court. I wish I could tell you that it’s going to be easy but it’s not.
EH: You have to determine the appropriate penalty. One is death the other life without possibility of parole. Death is the maximum and life is the minimum. You get to determine the punishment. A just punishment, whether it’s the minimum or the maximum.
EH: You will get to decide not just the crime, but the (criminal? penalty?) as well. So we are going to present not only what he did but who he is, why he thought the way he did and what that was. What considerations? You have the aggravating and then the mitigating circumstances. We will present to you three pieces of evidence that (find?) into the crime.
1. We’ve already presented the circumstances of the crime where the cold, calculated way he brought about the end of Miss Fayed. The brutal way that (?)...the circumstances of the case.
2. The evidence related to Mr. Fayed plotting and scheming. And, in the aftermath of that horrible crime, he plotted multiple homicides.
3. The attitudes he expressed during that taped (conversation); the conduct he expressed during that taping, are things we will ask you to consider. While he was sitting in that jail cell with everything to lose, that’s what he presented on his best behavior.
EH: So that is why we are asking you to choose death, so (you?) go (quietly into this night?).
EH: It’s a devastating loss suffered by the people around Ms. Fayed image a pond. Cool, calm, and then a rock is thrown into this pool. There's’ a splash, taking out this very beautiful vibrant woman but there's a ripple that extend out to (other people a brother, sister, daughter, friends). Their loss is something that you can consider, they’ve been completely altered by a wound that won’t go away.
As much as we’d like to think it, it isn’t getting any easier with time. These are people that don't know you and you don’t know them. Many will have tears in their eyes but they will still tell you what they are experiencing.
EH: Instead of looking at Pam, choking on her own blood her throat cut, dying in front of Edwin Rivera, we’re going to look at the vibrance of her life, instead of looking at what James Fayed said she was.
EH: A devoted mother, sister and friend, murdered in part by her own ethical instincts, to fix something that Mr. Fayed had wrecked. She was offering a very concrete benefit to the community in her effort to cooperate with authorities.
EH: You’re going to hear mitigating circumstances and you're gong to hear them (defense counsel) try to reduce the blame by Mr. Fayed.
EH: We are going to (ask you to?) look with great scrutiny, and look at those and weight the (?) We’re going t o ask...
EH: Two years, nine months, three weeks and a day (since Pamela was murdered). It’s been al long journey, but there’s one more river to cross.
SM: Morning everyone. Now its my turn.
SM: I know you've been working very dedicatedly. About a month ago, (during) jury selection, when you were chosen (we knew) that we had the right group; that, whatever the outcome, and (?) their ability to work together, to put this case in the proper perspective.
SM: When you talk about the people who (have) the devastating hole that's left in their lives remember that everybody has lost someone who has lost someone to a murder. They are not alone. unfortunately they have lots of company and while their grief is not unique, for someone who goes through (?) that is so awful, ask yourself as we go through this penalty phase, ask if their suffering is so unique, so on a plane by itself, that it is one of those extremely rare cases that warrants the death penalty. Ask yourself, for looking at this defendant, if this defendant is the worst of the worst? Is James Fayed the worst of the worst, because those are the ones that should be going to death row.
SM: The people are going to ask you to kill my client.
SM: Jim has already condemned himself to a life behind bars. He has condemned himself by what he has done, by being convicted.
Meister pauses to look down at his notes for a moment..
SM: This was a murder. This was a murder and as Mr. Jackson reminded you of, it was the murder of a human being. Pamela Fayed was human. She was no more or less human than any of us and neither is Jim.
SM: Pam had her faults and flaws and infallible frailties. And with (those?) when it came to that fever pitch divorce, she had her fury as did Jim.
SM: The people brought before you into evidence, the last phase of the trial the fury of this divorce, back and forth.
SM: This was not a situation where Pam wondered what went wrong (in her marriage). And this was where they were both in a rancorous divorce,.
SM: It couldn’t be more personal. That's what a rancorous divorce is. They were each accusing the other of embezzlement. They were each accusing the other of being a horrible parent. What does matter is, the whole picture. You won’t hear me accuse Pam for her murder. You won’t (hear) me to ask for an excuse or mercy.
SM: This is the punishment phase and it’s a guarantee, it’s a lock that he is going to prison for the rest of his life. That's a lock and that's where he is going to live from now on.
SM: You’ll see photographs of Pam's family and Pam grown up. You will see pictures of Jim's family and Jim growing up. I ask you I hope you will reject the (motion?)...
EH: Objection! Argument!
SM: I ask that we as we go forward, you don’t make Pam a saint and don't make Jim a devil. They are both very human beings. And when you hear from Jim's (?), they were (both) human beings.
SM: You may find yourself identifying with the people and that's okay. That's normal. As we go through this you should not let that fuel ...
EH: Objection! Argument!
Meister wants to show the (people; jury?) something as part of opening statement.
Harmon whispers to Meister.
EH: Thank you your honor, we’re satisfied.
DDA Lisa comes in with a rolling cart she leaves by the door. She sits in the gallery by the door.
Meister now does a rolling power-point full of images of Jim, his parents and other family.
Jim Fayed parents.
James John Fayed 1920-1986
Marion Collins Fayed 1924-2007
Photos of his parents both deceased, James and Marion.
SH: Photos of his dad. You might see a resemblance. Photo of mother. His family is from the silver (?)
His family ran a (?) business together. More photos.
SM: That's Jim's (?) and his dad when Jim was a kid. Again, this is to tell you during the penalty phase that my client wasn’t born at 49 and he wasn’t born as a murderer.
Pictures of Fayed’s mother.
SM: You’ll meet the dressed marine on the right, Steven (sp?) Fayed why can tell you about the family.
More photos, and also documents.
SM: It’s a long history of the family in the service in the military, and you’ll hear that Jim worked as a military contractor. (Faber?) Electric in Maryland.
Letters, documents, photos of young Jim as a kid. More photos. Jim and asibling? a male sibling. Meister is now flashing thorough photos of Jim as child with dogs.
SM: yYu'll meet Melanie Jackman. She's coming from Maryland to testify.
SM: (He was a) beloved father.
Photos of Jim, Desiree and Jeanett, Desiree and Jeannett.
SM: This was at one time a happy loving family.
A card from Desiree to Jim on the screen.
SM: At the end of the penalty phase, the DA will ask you to choose death and I’ll ask you to choose life, or rather, life without parole. Because for all the reasons I’m going to show you, and not for anything involving (?) life without parole, is even worse.
The opening statements are finished.
SM: Before I call my first witness, may we approach?
Harmon talking to Judge Kennedy.
JK: Is the camera off?
JK: Thank you.
Camera brought down.
The first witness, Dawn Opoulos is sworn in.
#1. DAWN OPOULOS
Alan Jackson presents the witness. The first question is about how to properly pronounce her last name.
DO: It’s a hard O, Opoulos.
AJ: Tell us what relationship you have on the left side of this photograph. (Up on the overhead screen a photo of Pamela with Desiree.)
DO: Pamela is my sister. (snip) (On the) right, my niece, Desiree, her daughter.
AJ: You’ve been here during these proceedings almost every day. (snip) Why was it important for you to come to these proceedings?
DO: Because she was all we had left. Our parents passed. Our father in ‘94 mother in ‘92.
AJ: Tell me about the makeup of your family.
DO: Well there (?) four siblings. Greta is the oldest, (but she had a) different father. (snip) She is a half sister, five years older than I am. (snip) My father (then) married our mother. I’m five years younger. (snip) Then there is Scott, (five years later) then there is Pam. She was 2 years younger (than Scott). She was the baby.
AJ: Where did you and Pam, Greta grown up?
DO: We grew up in a couple of different places. Pam was born in Salt Lake. We grew up in Salt Lake , Utah. Then we moved to Arkansas.
AJ: Did you all stay together?
DO: Most of the time. Scott actually, when he was old enough, he chose to live with our father. But myself and Pam and Greta stayed together.
Jackson introduces another photo.
DO: I’m person on left. (?) next to me is my grandfather, my fathers father and then my brother Scott.
You can see in the photo that Dawn is older than Scott. She’s much taller; looks like a teenager.
AJ: (Was there a) nickname for Pamela?
DO: It started as Pamela Pooh came from Winnie the Pooh. It was cute. It turned into Poogie.
AJ: Is that how you knew her? Is that how you called he on the phone?
Another photo of Pamela as a child.
DO: Here again then the boy is Scott, and that’s Poogie.
AJ: Poogie in pigtails?
DO: She couldn’t have been more than about five.
(?) So, 1968 she was born in 1963. Jackson asks when was her birthday.
DO: Her birthday, it’s either August 30th or August 31st. (The birth certificate said August 30th.) We always celebrated August 31st. Mom always said (she was born on August 31st).
AJ: (And she would know.)
Another photo of the family on a fishing trip.
DO: With our father’s friend. We did this every year.
AJ: Fishing was a big part of (your?) life?
DO: Even into adulthood, we still fish.
Another photo of Pamela and Jeanett and Jeanett has a fishing pole in her hand.
AJ: Pamela took childhood memory of fishing, took Jeanett (fishing), with her into adulthood?
Another family photo, at Monarch Pass.
DO: We were on a trip some where. We topped somewhere on the trip.
Another photo. Big family photo. There are many, many people in this photo. Dawn, Pam and Scott’s father’s side of the family.
DO: So this would would be the very elderly woman in the front was my great great grandmother, Edith Taylor. Pamela is the fifth person from the left.
AJ: Now older than before 1976. Pam is a teenager?
Another old photo.
AJ: (Do you) recognize (the people in this photo)?
DO: (Yes.) Pam is on the left, I’m in the middle, Scott on the right, Scott with the big hair.
AJ: This is the 70’s? Where were you?
DO: At the capitol across the street from our house. The dog in photo is our father’s dog.
DO: Left my father, little girl next (is) me the middle one (is) Greta, then older woman (our mother) and holding Pamela, and toddler, Scott.
DO: Probably. (snip) This is another photo of the family. Greta on left, Scott, mother in white, father Jim and her on the end.
AJ: Little girl off to right?
DO: That’s Pamela.
AJ: Now forward a few years.
DO: This is a picture of Jeanett held by Pamela. And that's (your? our?) father Jim, and Desiree on the far right.
AJ: Clearly from these photos, there was a closeness among the siblings?
DO: Yes, most of the time.
AJ: Were there sibling rivalries and sibling spats?
DO: Yes. Most of the time.
AJ: As we move through the years, you (couldn’t?) get enough of the many times you had enough of them?
(I know I don’t have the verbiage of this question right.)
AJ: Describe Pamela as a person. What kind of person was she, as a little girl, as an adult?
SM: Character evidence! Objection!
AJ: Would you say you had a good relationship?
DO: A few years ago we became estranged. I loved her; I always loved her.
Dawn’s face looks pained as she mentioned being estranged from her younger sister.
AJ: As youngsters grown up, did you stay close?
AJ: Protective of her?
Did ever take on a role as a caretaker?
DO: Absolutely. When my parents divorced, I took an active role in raising Scott and Pamela.
AJ: What did that due to your relationship?
DO: Well it (?) ..We were close, I mean, we definitely had our arguments.
AJ: It was a maternal instinct, you had to protect her, almost motherly.
Jackson asks Dawn to describe Pamela.
DO: Pam was never quiet. She was always full of energy. Very noisy. Very loud. Always full of life. And I mean energy, she never stopped. She was always full of energy.
AJ: She got married, had kids?
DO: Pam got married had kids. She had Desiree at that point.
AJ: Were you close to Desiree?
DO: Lots of visits; the family close but just geographically apart.
AJ: Did the passing of your parents, bring the siblings closer?
DO: It did actually. (snip) She (Pamela) was in contact with my brother a lot.
AJ: (You had mentioned you were) estranged, distant from Pamela. Did you have have an opportunity to make that right.
DO: Not the way I would like to.
AJ: In fact you regret not having that opportunity?
DO: Every day. (snip) When my father passed away, we were together, and um, I did apologize, but we couldn't, ... I never got to finish it . I never got to complete what I should have done.
AJ: Is that something that you regret?
DO: There isn't a day that you don’t think that goes by that you didn’t have a day to say goodbye. (snip) I wish I had though. (snip) You just always assume you have that time you just never realize that you didn't.
(This is from my memory, not my notes, so it’s not exact. Dawn talks about how at their father’s funeral Pamela had written something and spoke at her father’s funeral. At the time, Dawn thought that it was a perfect eulogy, that what Pamela had shared was a perfect description/sharing, about their father. But she never shared her thoughts about Pamela’s eulogy with her.)
DO: I wish I had made that thought (known to her) And with her murder ...
AJ: And that time has been stolen?
DO: Yes it has.
AJ: Where were you when you found out that Pamela had been killed?
She describes (how she) heard. She was taking a piano lesson. She received a call from Carol Neve. Carol did not have her phone number. Carol had too look her up (online?); search for her number. Carol called her and told her.
AJ: What was that like?
DO: Well at first I was, what is this woman (doing) calling me and me telling me something. It, all of a sudden it sinks in. It’s surreal. You’re not prepared for that emotion to come over (you).
AJ: Eventually were you (told) at that time (the details of what happened?)? (snip) Were you aware.... ?
DO: I was told that she hand been (killed). She didn’t go into that much detail. I knew she had been attacked in a parking lot.
(?) What was that...
DO: Thank God for the Internet because I got most of my information (from there) at that moment.
AJ: When you found out how brutal that was...?
DO: It actually became worse.
DO: It impacts you in huge ways. You don’t sleep at night. The brutality of it is what you see when you close your eyes; it was extremely hard.
Jackson asks how the murder has impacted her.
DO: Yes it has impacted me. I had to go through the doctor and get on sleeping pills for a few months. Eventually (I was) able to sleep. I will probably have have to go back (on them) again, because of the trial.
(?) Anytime that you are confronted with the actual facts the trial, in living color it come back.
AJ: Has that had an affect on you?
DO: Oh absolutely.
AJ: Does it continue to have an effect on you, the details of how Pamela has been killed, her suffering, will that continue to impact you?
DO: It has affected me in terms of, you find yourself (to be) way more tolerant. There some things that just don’t matter (to you anymore). You don’t get upset over little things that you used to. It’s never easy.
AJ: The murder has put a strain on her own family?
AJ: Holidays, birthdays?
DO: It’ there; you know it’s her birthday. My guilt comes back to me that I didn’t make amends.
AJ: Have you been in contact with Desiree and Gigi (and how) has that affected you?
DO: They're beautiful girls. (I’m) grateful that Im a part of their life.
AJ: Does it impact you that Desiree and Gigi will grow up and grow old without their mother?
DO: It makes me incredibly angry. It makes me incredibly sad. It’s something that you cant, (?). You just feel horrible for them.
(?) Who's’ going to walk them down the aisle when they gent married or their grandchildren...
DO: We were just talking about this. Jeanett lost everybody. (snip) (It’s?) very difficult for Jeanett.
AJ: Who is raising (Pam’s youngest daughter?
DO: My brother Scott and his wife, (their?) family.
AJ: Have you discussed with Jeanett the circumstances of...
AJ: You've sat through this entire trial and heard Edwin Rivera describe her last moments ...
DO: When you asked how I heard about Pam passed away, I used to think that was the hardest , or when I had to tell Scott, but I can tell you the (day that) was, the hardest thing I had to do was to listen to Edwin Rivera.
AJ: The impact that it had on you, what was that like?
DO: The detail of Pam lying the ground to know the brutality, the cruelty, the callous disregard for someone’s life. I couldn’t imagine something that violent, I couldn't comprehend that, since I heard (him?) speak. (snip) I cry every night, It’s very difficult to sleep. It’s hard to imagine that those were her last moments.
Meister has no questions and the noon recess is called.
#2 Tina Holland is called.
#2 CHRISTINA HOLLAND
Harmon presents the witness and marks some exhibits, photos into evidence.
Photo of Desiree and pam. People #2. Harmon asks the witness about the photo.
(This is the photo I have on the blog.)
CH: Knew her as Pamela Fayed. (snip) Met me her when our kids started first grade together. About 2004 and 2005 and her daughter Jeanett and my son Kaden (sp?) (were in the same class). I have another son, Cole (sp?).
EH: Where was it you met her?
CH: It was in the classroom. It was the first day of school. I formed an instant friendship with her.
EH: What kind of friend was she?
CH: You know Pam was the most giving, caring loving person. Somebody I could confide in and that I knew it never went past her. If she said she wouldn't tell anybody, she wouldn’t tell anybody. (snip) But I knew when (she and I?) met it was going to be a lifetime friendship. We just instantly bonded.
Harmon asks about an issue with her personal health.
CH: I was diagnosed with leukemia, (Pam helped her with that). Well when she realized that I was spending eight-thousands month on medication she offered to go where ever we need to go (to get me better treatment) she would go with me. Even if it meant going to another country. (snip) Pamela checked to see if she could donate her marrow to me. I had talked with her about the medication and that its a financial burden and she wanted to see what she could do in any way.
EH: What kind of mom was she?
CH: Her kids were her life. She would do anything she needed to to make sure her kids were protected. (snip) We had done a vacation together. We went to disneyland for three nights and four days in 2006, and um ...
EH: Showing you photo people 165.
CH: (That’s a) photo of the kids from the trip August 13 2006 (taken) at her hotel. Her, her two children Kaden, one next to Pam, same age as Jeanett. They’re still good friends. They still SKYPE all the time. (snip) We had plans they (their children) were going to marry each other.
They thought that would just be the best to have their children eventually ending up marrying each other.
EH: On that trip to Disneyland, did you see anything that pam did that you thought it was extraordinarily generous?
CH: Kids want things on vacation. They went into the Disney store and they like the little outfits that were there. They were very expensive, so I said no it’s all little too much. So Pamela said to me, “Just go, for an hour, (take a break),” which I did.
Harmon puts a new photograph up with Pamela, Jeanett and Christina’s two children.
CH: When I came back, I saw this kids dressed to a tee. Jeanett in a princess outfit. She looked beautiful.
CH: My kids came back looking like (little princes), in outfits. (snip) She bought them costumes. And that’s what she would do, to make them happy.
EH: Other examples of her generosity?
CH: Another story, my son spending the night at Pamela’s house, late at night, Jeanett and my son are playing Guitar Hero, a type of video game (with a guitar the child plays). (snip) So Pam (had enough of the fighting, since only one person can play the guitar at a time) finally said, “I've head enough!” She grabbed he purse and took them down to Target and bought a second guitar and went back to the house. So that everybody could be happy. It wasn't that she was flaunting everything. Never. It was so everyone was happy. That's all that it was about (for Pamela).
Another story is told about Pamela’s generosity.
CH: Skin villagio. It’s a very rare condition and Jeanett has it. It is where you lose your pigmentation; your skin becomes lighter. She had blotches.
EH: Did you know anyone with that?
CH: I had never head of it. Then my son was diagnosed with it.
She doesn’t remember the year he was diagnosed.
EH: What did you do?
CH: I called her immediately. I was in (tear? terror?). It’s your child. It’s not something you’re going to die from but it is your kid. But kids are cruel and they make fun of other kids. (snip) We were planning on going to New York. They have a conference once a year where the top people speak (on this disease). We were going to go to New York and, I’m thinking Switzerland. We were going to go to the best doctors, to make sure that our (children got the best treatment).
EH: What is that you miss most?
CH: I miss her! I miss being able to call her and to confide in her.
She starts to break up. Tears flow.
EH: (What was the) way you fond out how Pam was murdered?
CH: Well I always go to bed and watch the ten o'clock news. And I was watching the news and heard there was a murder. (I didn’t think anything about it at the time, why would you right? You don't expect to hear that it was one your of the best friends. (snip) And I went to bed and the next morning, I was working on m computer and my phone rang and it was Delilah, and I new (immediately) what it was. (snip) And all I said was, “Oh my God, what happened?”
EH: (When was the last time you saw Pamela?)
CH: I last saw her the week before. We were talking about taking another trip. We were going to take the kids to Big Bear for the snow.
EH: Was she happy the last six months of her life?
CH: She was so sad. She was always there for me. (snip)
I didn't’ know what to do for her.
CH: She was always there for me so I wanted to be there for her. There was nothing I could do for her.
Harmon asks how she felt when she learned about Pamela’s murder.
CH: It broke my heart.
EH: The sound of her voice is that something that's important for you?
CH: When you never get to hear her voice (again). I still have a phone message that (?); she called me on the Friday night before she was murdered. (snip) And every once in a while I play it back, just to hear (her voice).
Harmon asks another question that I miss, possibly about calling Pamela back.
CH: No. I (was busy?) on that weekend, My (nieces? nephews) were (here and?) spent the weekend and so I had four kids at my house. I thought I’ll call her back (later). Ill get back to it and I never did. (snip)
I didn't’ get back to her and I feel so guilty for not calling her back when I should have for not being there for her like she was for me.
Harmon asks if she’s kept in contact and/or seen Jeanett.
CH: I just saw Jeanett. She came out and I got to have her for over spring break for a few days. Took her horseback riding.
EH: Do you treat Jeanette to vacations?
CH: We’re planning a trip around her. And I thank God I still get to keep her with me. All she wanted to do was go to Universal Studios. So we went to Universal studios. We had a blast. So much. This summer (we plan to) take her to Palm Springs. Horseback riding.
(From my memory. Jeanett loves horseback riding and the witness has a horse now.)
EH: Why is it important to you, to still keep contact with Jeanett?
CH: Number one, I love Jeanett and number two, I loved Pam and that’s what Pam would do for me. For Jeanett; (for her) to still have the normalcy, to see keep those people (that she grew up with) in her life. I know if the tables were turned, and I wasn't’ here, Pam would make sure that my kids were loved, by her. I just think it’s important to do that for Jeanett to let her know how much I loved her.
Harmon asks another question.
EH: It’s just, uh, (pause) I think about her all the time. I think about her when I see Jeanett and it breaks my heart. I miss her terribly.
EH: (What do you miss about her?)
CH: I miss her laugh. She had such a great laugh. I want to see her smile. We had good times, really good times together. (snip) You know you have people come into your life, that just make an impact and she made an impact on me. I never had somebody care so much about me. (snip) It wasn’t about (the fact that) she had money and she flaunted it. She had money and she wanted to make people do better. (snip) It was never that. It was, “I have money let me help you; let me help your children.” She always wanted to make sure that people were taken care of.
Meister has no questions for this witness.
#3 SCOTT GOUDIE
The people present additional exhibits, all photographs marked into evidence. I believe that Harmon presents the witness
2:00 pm Jackson enters.
A box of tissues was placed up on witness box during Dawn’s testimony.
A photo of Pam and Desiree on the overhead, the same photo up on the blog. Harmon asks Scott about the photo.
SG: That’s my litter sister, Pamela.
EH: What is her maiden name?
SG: Pamela Goudie.
EH: How many years younger?
SG: She’s two years younger.
Photo Christmas when they were kids and Scott identifies everyone.
SG: Pam, my mother, then me. (snip)
EH: When was it taken?
SG: I’m seven, I’m eight I think. I got the blue bike in the background.
Scott tells a story about that Christmas and what his little sister told him before Christmas.
SG: I can’t tell you what you’re going to get but it’s a bike.
Scott talks about where they grew up. He was eight when they (his parents) were divorced. He helped his sister through that difficult time.
SG: We moved several times after the divorce, at one point, I moved in with my father. Pamela stayed with mom and I moved in with my father. I was about....
Another photo. Scott with is dad and Pam. Very young.
EH: How would you describe your relationship with you sister when you were growing up?
SG: We were close. We fought a lot but we were close.
Harmon asks about the nickname, Poogie. She was called that name until she was an adult.
SG: I still refer to her as Poogie.
EH: How often do you think of her?
SG: Every day.
Photo of Pam in second grade.
EH: When you moved to be with you dad, did you keep in touch with her?
SG: We still saw each other. And that separation wasn't forever. She moved out back with my father when she was 15. We were back together when she was 15.
EH: You lived across the street from capitol?
SG: Yes. I lived there until ( I was 18. She moved out when she was 18. I lived there approximately 10 years.
Photo of them a few years after they had moved out. (I believe Scott is laughing about his long hair
EH: How old are you there?
SG: I believe I am 19 and Pam was 17 and mom to the far right.
EH: Did you still share birthdays and holidays with Pam?
SG: We would be together on holidays, just because. (snip) She was the baby in the family. There’d been many times I would have to stick up for her. She was the baby growing up. I always thought she was the spoiled one.
EH: (What was her personality growing up?
SG: She liked to laugh, even all the way to the last time I saw her, she liked to laugh. She liked to tag along with me, almost to the point as obnoxious. A lot of tagging on. (snip) She tattled a lot. There are things smaller siblings seem to do on older siblings.
Harmon asks about Pamela’s laugh and if there was anything that reminded him of that.
SG: Desire's laugh, it’s almost identical. It makes me think of Pam. (snip) She would have a lot of friend grown up. She was popular she made friends. A lot of people gravitated to her. And she was always hanging out with friends. It’s not like she had to (?) ...she always had friends.
Harmon asks what they used to do as a family.
SG: We used to sit down as a family and watch TV. She liked Motion music rhythm and blues type music. Some of the older disco music reminds me of her.
Harmon asks if hearing those songs affects him.
SG: It depends on where I am. if I’m by myself it’s most difficult.
Questions about Pamela and Scott’s later teen years.
SG: Then I got a job and moved out of house (teens) and so did Pam. She was always working when she was young.
He has two sons. 24 and 21 years old. It was not the first niece and nephew (in the family) but Pam came back in town just for the birth (of his 1st son?).
SG: She was a good aunt to my son. My wife hand another baby at same time Pam had Desiree. They were born 4 days apart.
EH: Who was first?
SG: Justin, my son.
Where did pam live after she had Desiree?
SG: In Southern California and we lived in Utah.
(Pamela and Scott’s families) they still visited on holidays and Christmas. Photo of pam right around time Justin was born.
EH: What type of mother was Pam?
SG: Very loving very protected. She cared greatly for Desiree.
EH: Did she play an active role in her kids life. (snip) Sometime later, another baby, Jeanett?
SG: Jeanett was born on January 22nd, 1999.
A photo of Pam and he daughter Jeanett. A few years after Jeanette born, his father passed away. Photo of Pam and their father putting some sort of face cream on and a photo of them. (Pam is an adult in this photo.)
SG: There is no chance I could have gotten m father to do that.
Harmon asks when he last saw his sister.
SG: Last time I saw Pam was the first week in March. I went to her house. She put us up for the night went out to dinner next day and went to the beach.
SG: That’s Desiree's boyfriend, Ken, me in middle, my wife Renee (sp?) Pam and then Jeanett. (snip) That was at the California Grill in Camarillo. The following day we went to the beach.
EH: Do you remember which beach?
SG: I don’t remember the name of the beach. It was not far from Pam's house.
He was the one who wanted to go to the beach and Pam made sure that he got to see the beach near her house.
SG: After the beach, I made way back home.
EH: And that was the last time you saw your sister?
EH: Do you remember, was it remarkable in any way.
SG: It was really nice. There for a little while we hadn't talked for a while and it was really nice to get back together and bond together as a family. (snip) The last thing I told her was I love you.
EH: You got some news in July. Tell us when and how you got the news (of Pamela's murder).
SG: I got a phone call from my sister Dawn the morning after.
Scott starts to tear up and he wipes his eyes.
SG: Dawn, at that point (?) And I knew something was wrong because I could hear the tears in her voice. She told me Pam had been murdered the night before. (snip) It was a horrible day.
EH: What went through your mind?
SG: I didn’t believe it at first. I went home and started making calls to verify.
EH: What was going through your mind?
SG: It couldn't be true; you never ever believe it. This stuff doesn't happen. You read about it on TV. You read about it in the paper. And I didn't’ believe it I thought. I was crying all the way home.
EH: And did you tell your family?
SG: I did. I called my wife on the way home and have her get the kids together.
EH: Did you know any of the details, the specifics?
SG: Just that she had been stabbed to death in a garage.
EH: Based on the limited details did you mind start racing? (snip) How long did it take you to sort through the reality of it?
SG: Right after I called, I called uh, Desiree. I started calling people in California and looking it up on the Internet, and um...
EH: How long was it before you got better details as to what happened to her?
SG: (Pretty quickly?) because it was all over the internet.
EH: How did you feel when you heard at that (time)?
SG: I felt terrible.
Scott pauses. He breaks up, cries.
SG: I, I felt guilty, because she asked me for help. She had phoned that she wa worried. and I played it off. And I told her to be care full and all those other things that (one says?) to reassured people.
EH: Do you still feel guilty?
SG: Every day.
EH: Your the man of the group is that right?
SG: That is correct.
(?) And it’s not a feeling that only a man can have.
EH: Did you feel that you had (to have?) revenge? Did you ever act on that?
EH: How did you feel.
SG: I’m not even sure how to even answer that. I know there are right and wrong there's things that I can and can not do. I hope that the justice system will prevail in this case.
EH: Were you eve able to come to California and see your sister’s face one last time before she was (buried?)?
SG: I did but it was not an easy task. (snip) The first time they (coroner) wouldn't release her. (snip) When they finally did released her, we were on the way back (to Utah).
(snip) I got back to Salt Lake. At that point while were were waiting we had made as much of the funeral arrangements as we could so that when they did release her we could have a funeral. (snip) We had her funeral the next day.
EH: How was that memorial service?
SG: Because of how this played out in the media, we didn’t post a memorial service notice in the paper because of the publicity. It was only the people we could call and invite (by phone). (snip) It was hard because of the patchwork that the morticians had to do. We didn't’ know that if we could even have an open casket. We asked him to do the best that he could do so the girls could say goodbye to their mother.
The mortician told him they could not make her presentable for an open casket.
SG: I asked him to try again. When I hung up again (? he said he would try?). And Jeanett had brought a (stuffed?) elephant to send with her mother ~ her mother loved elephants ~ that she wanted to give to her.
And I had to explain to her that she might not be able to do that, and that I might have to do that for her.
The morticians did what they could but they told the family that what they did would not stay for very long. The family would have to come in and that the girls say “goodbye” quickly and then close the casket.
EH: Can you tell me what that was like?
SG: It was heartfelt but it didn’t look like Pam. (snip) And, Jeanett did get to put that elephant in with her and did get to say her goodbyes.
Scott’s voice is very emotional.
SG: It was not in the way that a memorial should be held.
EH: Was it very hard to see her Jeanett, to put the elephant in there?
SG: I’m quite glad that she was able to do.
EH: Did you call Jeanett to tell her what happened?
SG: I did tell her that that, um, because of the way her mother had died that the funeral; would have to be a closed casket. She didn’t understand why her mother was wearing a scarf but she’s wearing a scarf.
EH: Did you tell her that he mother had been murdered?
SG: She knew that. (snip) To this day all she knows is that her father stands accused. But to this day I have not told her, but to this day she had not been told (the full truth/outcome).
SG: Why not?
EH: Because it victimizes the rest of the family. I think that Jeanett is the biggest victim (here).
EH: You are raising her as you own daughter? (snip) How has that process worked?
SG: Its a different dynamic, and I don’t want to have (?) (snip) Having Jeanett at home is a wonderful thing and I would never (?) turn my back on my family. (snip) And we were looking forward to that time that we had (time to ourselves) and (our) kids going into college and we could travel and all the things that adults look forward to do.
EH: You had two sons and now you have basically a daughter?
SG: She’s raised her (?differently?). I have raised her as my own she calls me Uncle Scott and we keep it that way. I raise her in the same rules as my own children. She now has chores. Things like that she didn’t have before.
EH: Do you ever anticipate having a conversation with her?
SG: She knows why we’re here, but I have not had that conversation with her, and I wont have it with her following (?) ...
EH: Your relationship with Desiree your other niece, how has that changed?
SG: We’re closer than we were before. There was a period when she was young that I didn’t see much of her, and I talk to her probably every week, sometimes a couple times a week.
EH: For you, how has this whole process been, coming to court and hearing what happened?
SG: It’s been exhausting. I’ve sat through some things that quite frankly, I don't know how to step away from. No person should have to see. It will (haunt?) me forever.
EH: Did it every cross your mind to walk out?
SG: (?) but I couldn't do it. (There were friends?) anyone who could be here for Pamela. Most are friends that couldn’t be here because they were giving testimony.
(These must the six witnesses who were barred from testifying in the guilt phase.)
EH: What is it like being in court ....
EH: (What) Impact has the murder had one you, if the person is your brother-in-law? How has it affected your relationship with him?
SG: We did not have a relationship with him. I had never saw him except (right?) before Pam’s father’s funeral. I find it aggravating to be sitting in his presence as much as I loathed being here. I thought that I have to be.
EH: You angry?
SG: Incredibly .
EH: Has that anger affected other parts of your life? (snip) Can you tell us about that?
Scott wipes eyes again, and pauses.
SG: It makes me question my faith. I realized these are hard things to explain. I talk to God every day but I (?) with him, I realized there are evil and some people do evil things but I don’t understand why an (eleven?) year-old-child ....
SM: Objection! 352!
EH: Has things gotten easier as the days go on?
SG: In some ways it gets easier because you have to provide for your family. You have to go on. There is not a single day that goes by that I don’t stop thinking about it. Every time I go to a parking garage; every time I see someone wearing a hoodie, and I think of a typical gang-banger. (snip) Every time (?) Jeanett I think about things involving her father, I have to think about it, things racing through my mind.
EH: What do you do for Christmas? How has that changed? At my house my Christmas is the same as usual. We celebrate it the same way that we have, (with? except now there is?) another person that we include in celebrating (Jeanett). We usually will say a prayer or have a little remembrance of what Christmas used to be. Sometimes (she?) still wishes things could go back to normal although she can’t.
EH: What do you do on August 31st?
SG: We do something very small to celebrate her mother’s birthday, release (bubbles?), balloons. (?) that Jeanett has read and then we’ll, ( carry them off?).
EH: What's been the hardest ... ?
SG: You realize all the things that you’ll never get to say again or do again. Never get to hold. Never get to hug.....
EH: What do you miss most about Pam?
SG: Her laugh. I miss her laugh. You know she was a bit on the comical side. She was a bit of a joker. Just in conversation and the fun side of it and we would laugh about what would happen. (She would find the sunny side.)
Direct is finished. Meister gets up to cross.
SM: Very sorry for your loss. I read you were quoted in the newspaper, the guilty verdict (provided?) the (family?) some measure of peace.
SG: It was a (misunderstanding) wasn’t (even sure of the?) and I did not say that. (snip) I said it will help us move on with the healing process.
SM: You described this as an ongoing roller coaster day to day? (snip) Closure is the wrong thing that you would say to describe all of this?
SG: I think that would be fair to say.
No more questions for this witness.
Jackson presents the next witness, a woman.
#4 SHELBI HAMILTON
AJ: Tell the jurors if you recognize this photo.
SH: Pam, Jeanett, Pam and Desiree.
AJ: How do you know Pamela?
SH: She was my friend. Our kids went to school together. And we became very close to me and a second mother to my children
A photo is put up on the overhead screen. Her children are identified as Michaelia (sp?) 14 and Samantha 11.
SH: Jeanette right in the middle 1 year older than Samantha.
AJ: Did they all go to the same school at the same time?
AJ: Did you get to know her as a friend and mother?
SH: Yes I did. She was a wonderful mother. She was a soft place for Jeanette to fall. My girls also. She was always there to give a hug,to give kiss, to comfort if they needed to and encourage if they needed to. Jeanette just adored he mother. (snip) She was there to encourage Jeanette that she was perfect no mater what.
Shelbi tells the story of a particular Halloween.
SH: Halloween at the school. Jeanette wanted to be (? Elwood). (There were some other girls) making fun of her and Jeanett was kind of upset about it. Pam was there to let her know that she could be anything that she wanted to be and she didn't need to change her self for any (one's style?). (snip) Pam made that costume for Jeanett. She was so proud. She wore it as if she was the most the beautiful thing in the world. Her mother gave her the strength to go on and that she was just perfect (?).
AJ: Did you know Jeanette to have a lot of confidence?
SH: At first it wasn't like that. At first Jeanette was a little soft spoken. She was shy. She was a bit bigger. She had a lisp and it would get her down. Her mother would not let her get down and told her to embrace herself for who she was. Jeanette took that to heart and that's the type of people that need to be in this world, more people like that that celebrate you for you.
AJ: Did you see Jeanett blossom and come into her own?
SH: Incredibly. She was blossoming into a beautiful young lady and you could see it when she was with her mother. She was so proud to make her mom proud and she wanted to do the right thing and be he best she could be.
AJ: Pam was a very attentive mom?
SH: If we were at the house, we were in the back yard (with the kids) when they played at the jungle gym. If one of us was (there with?) them, she was not only attentive toward Jeanette or my girls but also to other children (as well).
Shelbi tells of a story where a parent had not shown up to pick up their child. Pamela wouldn’t leave the child alone at the park until the parent showed up. Shelbi’s girls and Jeanett also had a lot of after school and weekend things, sports. They had a fair amount of events with school, science fair projects (and the like).
SH: (The science fair) And it was in the the newspaper and the were so proud of it and won an award that year.
AJ: What did you notice Pam's involvement in those things of that nature?
SH: If there was somebody that needed to bring things (for an event) snacks, etc., she would just do it. (snip) She would just say what do you need me to do and she would have it ready. That was the type of person she was. She was just looking out for others as well as herself.
She just wanted to make sue things were done the way things should be. She was a welcome embrace.
AJ: Did you know Pam to be a generous person generous with time with her money?
SH: She was very generous. Yes she would go out and buy (someone) a bouquet of flowers and send it to you. What mattered more with her was her generosity with her heart and time.
Shelbi talks about her own troubles and how Pamela helped her.
SH: I was going through some hard times and Im not comfortable asking Pam for help. She she just knew. And it would (always?) all come back. And she could instantly know that's just what you needed. When I needed someone to talk to she was there for that.
AJ: Pam was like (the) sister you never had?
SH: I was an only child growing up we moved around a lot.
The witness starts to cry.
SH: And I got use to keeping things inside. And she, she opened up a whole new world to me. When she was around, she let me know that it was okay that someone will be there for you if you need them to. And not only did (she?) see (?). And I was blossoming little around her. I told her what medical problems I was going through, a messy divorce; and she just instinctively knew what to do that your day would brighten a bit so that you had something to (sing? shine?) about.
AJ: She would give bouquets of flowers and cards to make people feel better?
She talks about a gift she received from Pamela.
AJ: A little mirror with an inscription on it?
SH: Pam gave that to me in 2008 after Jeanett's birthday. It was to have you as a friend. She was going through hard time at that point in time, and I wanted to repay her in the same ways that she had paid me.
Shelbi talks about how she did a favor for Pam by treating Jeanette on her birthday when Pam couldn’t be there.
SH: There was a meeting on Jeanette's birthday that she could not miss. So I took Jeanette for her birthday and we did the build a bear. Pam was so happy; Jeanett was so happy over the new build a bear and Pam was just so overwhelmed (that Shelbi helped her out) she started crying. She thought it was (?) that someone would do that for her daughter.
(?) That's the type of person you are.
AJ: You felt that Pam in some way taught you of the value of that kind of giving?
SH: And I believe she taught my children that too. We had just had back to school night. Every single parent thought (they wished) they had more children like (?).
AJ: (Do you feel) you were abetter person for having Pam in your life?
SH: I do.
AJ: Is there a void now, (that Pamela is) no longer with you?
Shelbi becomes very emotional on the stand. She breaks up and can not answer.
SH: Since she had been killed, it's kinda like, life just stopped when she passed away, I felt bad I can’t image (what it must be) her family feels, and I only had a few years with her. But she, I was, she liked to see the good in people and give people the good (the benefit) of the doubt but she really showed how to do it. And when she passed away everything just came to a stand still and my life started falling apart like you wouldn’t believe.
Shelbi’s voice is full of emotion as she testifies.
SH: I went though a period where I was crying non stop. I could not stop crying after that. To deal with it I had to shut my emotions off (to the point) where I was just numb. You don’t realize how much someone is, how important she was until she wasn't there any more.
AJ: Do you need just a minute?
Shelbi nods her head (yes).
It’s 3:00 pm.
Up on the overhead is a photograph attached to a key ring and Jackson asks her about the photo.
SH: That’s my mother ,my son (in the photo) of us at Magic mountain, June of 2008.
AJ: Did you know that Pam had the picture with her when she was murdered?
We can see in the photo, the blood streaked across the picture.
SH: And she said she hand the key chain with her but (I) had not seen it on her keys.
AJ: Do you see (something) running down the middle of this key chain?
AJ: Knowing what you know about Pam’s murder what does this make you feel?
SH: I don’t understand how someone can do that (to) somebody! It makes me feel devastated. (snip) I was going to say that I’ve stopped trusting people. I haven't made any new friends since Pam died. I haven't gone on a date or anything like that. My life is work, taking care of kids and getting through the day. (snip)
I stopped trusting myself, because I was trying to see the good and I didn’t see this happening. And the people that you care about the most that hurt your the most, that doing something or by doing things not under their control. I just stopped believing in myself and stopped believing in my own judgment when Pam passed away.
AJ: Now that Pam's been murdered has the opposite been happened? (I don’t have this question correct.)
SH: I’m not too (trusting?). I've got two beautiful girls that I need to be there for. And hate, (what her murder has done to her psychie?). I think maybe this can be the step that I can start growing again...
AJ: The catharsis of taking in front of these twelve jurors?
AJ: Do you feel as though the murder of Pamela Fayed has changed you forever?
SH: Absolutely. I don't think I will lever get married again. I don't think I will lever trust anyone the way that I have (used to) My girls tell me that I’m paranoid. (snip) I need to know where they are, every moment. And it’s sad to think that (this is) the type of world that we live in but that's how I have been feeling since you have to watch every word because you never know... and protect yourself and protect those who you love. But, I think it also important to se the good in people and to be able to trust people and open up your heart again. But I don't see that happening (for myself) again.
AJ: (And) are they (her feelings; attitudes) all the result of Jim Fayed murdering Pamela Fayed, are they the result?
SH: Yes they are.
Meister has no cross of this witness.
Court calls for a break until 3:15 pm.
More photos being marked into the record.
#5 GRETA BAUGHT
A photograph of Desiree and Pam is up on the overhead screen.
Harmon asks the witness if she knows the individuals in the photo.
GB: My youngest sister, Pam, twelve years younger. We share the same mother. (She is) my half-sister. We have different fathers.
A family photograph is now presented.
GB: This is a picture of our mother and me. Next to our mother, my sister Dawn, (?), and Pammy and Scott.
EH: You were twelve years older?
GB: I don't’ remember the day (she was) born, but I remember when she came home from the hospital. She had lots of dark curly hair and big blue eyes. (snip) My relationship with her was a lot different than Scott and Dawn; and of course they (her? siblings?) squabbled.
GB: I was her primary baby sitter when my parents went out. (snip) She had a wonderful laugh and I was old enough that she wasn’t a pest to me.
EH: At some point did you move out of house and became m a young woman?
GB: I left home at seventeen to start college and she was five then.
EH: Did you still stay in touch with her?
GB: Yes I did. (snip) I don’t know that my relationship changed very much. They came to visit me when I was in college, and go to the pool and come swim.
Greta talks about a road trip she took her siblings on.
GB: When I was twenty-one, I took them on a trip across the country. (Just her and her siblings) I took them to Salt Lake to visit their father, because their parents were divorced at that time.
GB: Her best quality was she was so fearless, she was bold and fearless.
EH: (Was she) extroverted?
GB: Very extroverted and Im not. Well, because I wanted to not be shy I wanted to be like her.
EH: Did you see that in her as an adult?
GB: Yes I did, yes I did.
Photo of the siblings all standing.
GB: (This is in) 1992. Our mother had died a month or two before and we went back to clean out her house and sell the estate. All four of us were together at that time. (snip) We spent a lot of time telling stories funny stories about our mother. (snip) She was a character.
EH: Did you have (the) same relationship when Desiree was born?
GB: Yes. She had a big heart.
Another photo of Pam with big hair,
GB: But it was her Farrah Fawcett phase with that hair do. She was living with (her) father in Salt Lake City.
Another photo is presented.
GB: Another amazing hair cut ; not sure of the date on that picture.
EH: (What about the?) time you spent together as siblings?
GB: In the years following (we?) celebrated the holidays. I know that by that time she was spending time in Salt Lake but I had moved away by that time.
EH: How often did you see Pam?
GB: Probably once a year.
Harmon asks about Pamela’s qualities of her as a mom.
GB: She was fun to be with. She was a fun mother with Desiree very caring and enjoyed being around her. (She) enjoyed being a mother.
The witness states she has two daughters and Harmon asks her how Pamela was as their aunt.
GB: Well, (she) was very affectionate aunt and very interested in what they were like. We adopted them from China. they’re eleven and fourteen.
EH: You live in Omaha, Nebraska? (snip) Traveled here to be her with your brother and sister?
EH: How has that experience been?
GB: It’s been hard to sit here and listen and view the evidence. (snip) It’s hard to think of her dying that way.
Hard to not think about Jeanette and know that Jeanett's mother is gone.
Greta describes how she heard about Pam’s murder.
GB: Scott called me. I couldn’t believe it. Just couldn't believe it. But clearly it was true. (snip) I was at a piano lesson. I take piano.
EH: When was the last time saw Pam alive?
GB: It it would have been at Papa Jim's funeral.
EH: Did you talk to her regularly in the years before?
GB: We corresponded mostly by written letters.
EH: E-mail too?
GB: No, just handwritten several times a year and she would write back handwritten.
EH: What are the some of the things she told you before she (died)?
GB: She mostly wrote about Desiree and Jeanette and how Desiree was growing up into a young woman. She was very excited about the ranch and how exciting it was. She saw that as a big step in moving forward with her business.
She came for when Pamela was buried.
EH: Did you see her before she was buried?
GB: That was very hard.
EH: Do you remember who chose her clothing?
GB: I know she had a scarf around her neck. I think Desiree's chose her clothing.
EH: Did it increase the level of pain you have about her death?
GB: Well I was glad to hear, although I wasn't “here” that (that) day. And so I had not realized that someone had been there with her, while she was still alive. So I was glad to hear about that. That some one was there and that someone could help her. (snip) I just assumed that she was there dead when the police (and emergency personnel arrived).
Greta wipes her eyes with a tissue.
GB: I think about he dying almost every day.
EH: How has it affected your life?
GB: This is about hard to describe, but, I pay attention before I leave a building, look around. I worry a lot about that.
EH: Has it affected the way you deal with your children and the other people in your life?
GB: It makes me recognize that I need to be more conscious of speaking to them and how I feel about them (her family). There are things that I never told Pammy when she became an adult. (snip) As a mother and a boldness (about her) and how much she reminded me of our mother. She made a wonderful speech at Papa Jim's funeral. It was wonderful and (she)told so well. (snip) But afterwards I didn’t tell her and so Im sorry I never had any of those conversations that I could have, and so I try to think about those with my own family.
GB: I miss how much fun she was to be around. She could always put a funny spin on any situation and see the amusement in any situation. (snip) We could be squabbling and she would say yes but. She would turn it into a situation that we could laugh about and I miss that very much.
EH: How did this affect the relationship with your other siblings?
GB: I think we are closer, I would never have thought that’s possible but (its true?). (snip) I do worry about them quite a bit. now that Scott and Renee are taking care of Jeanette. I worry about them quite a bit.
That’s the end of direct and there’s no cross. No more witnesses today. There will be three witnesses on Monday for the defense.
JK: I think the evidence will conclude on Tuesday, and then instructions with counsel. It’s possible we will get to argument on Tuesday afternoon, and possibly deliberating on Wednesday.
Judge Kennedy reminds them of the admonition. Jurors and counsel are to return 9:00 am on Monday morning.
JK: Anything else? Defendant’s remanded. See you Monday morning.
Meister and Fayed speak. Then Fayed speaks to Werksman. Fayed shakes Meister’s hand. That’s it. He’s in holding.
I will put up the rest of this day's testimony when I have more time to edit this evening. To be continued...... Sprocket.