Wednesday, January 22, 2014

Joshua Woodward Preliminary Hearing, Day 4, Part III

 Joshua Woodward at a previous court hearing.

Continued from Day 4, Part II....

December 9th, 2013

1:33 PM
The lunch break is over and I'm inside Dept 51.  I got a confirmation that the November 18 date was just a discovery hearing and not considered a part of the preliminary hearing. The clerk asks counsel to let her know when they are ready.  Ms. Levine, who is now at the podium states she is ready.  I notice that the gray haired man is wearing a Picasso-like tie.

1:35 PM
Detective Shafia retakes the stand. Levine asks the detective whether he considered Ms. Doe's apartment a crime scene. He answers, "... could have been. Correct."  Levine states he took no steps to secure the crime scene. Detective Shafia states he never went into that apartment.  He doesn't know if (Ms. Doe?) there was a prescription for Misoprostol at that apartment.

JL: Sometime later, were you aware  photos were taken of that apartment?
JS: No.

The chrono log reflects that the initial officers appeared anxious to make an arrest. The initial report listed Ms. Doe as a homicide victim.  Initial searches (Det. Shafia performed?) were for a probable drug based on what the initial officers told him.

Defense F is introduced. Judge Pastor asks, "Did we misplace Defense E?"  It's explained that Defense E is a lab report.  Defense F is not put up on the overhead screen. Defense F is described as a Wikipedia search.

JL: Is this the search you did?
JS: (He thinks so) It doesn't have a complete date on the document.

Levine asks if the search result told him Misoprostol could be applied as a powder.  Shafia looks over the document.

1:47 PM
Shafia is asked if he knew Ms. Doe told detectives she found powder in her panties?

JS: No.
JL: (Did you) search online line for women using powder?
DDA: Objection!
JP: Sustained.

Shafia states he looked through a number of search engines and this was the most comprehensive so he printed it out. Shafia is asked about documentation on his search history. There is none.

Shafia called Ms. Doe and had her come to Wilshire Station to be interviewed.  She came with her friend McKell (sp?).

JL: Were you aware that McKell had been at Ms. Doe's house when she claimed to have miscarried?
DDA: Objection!
JP: Sustained.

JL: Were you aware that McKell had been in the vicinity of (where?) Mr. Woodward was when he was arrested?
DDA: Objection!
JP: Sustained.

Ms. Levine asks if McKell was in (present?) on Ms. Doe's interview?

JS: No.

There are many questions Levine asks that are objected to and sustained by Judge Pastor. Shafia states that Ms. Doe came in for an interview and that interview was taped. The video portion of the interview ends before the interview actually ended. Shafia states he learned of it a couple of months later.

JP: Did you do that on purpose?
JS: No.

Shafia had other discussions with Ms. Doe, but that was the only interview that was taped. Ms. Levine wants to question Shafia off of the defense copy of the interview transcript, bu there is a pagination between that copy and the prosecution's copy. Ms. Levine states there is no difference of any substance.

The discussion began of Ms. Doe's relationship with Mr. Woodward and that they were friends and that they had dated off and on.  Shafia states he did not do any investigation to determine if that was true.

JL: Did you interview any friends ... or ask to see any photographs of her and Mr. Woodward?
(miss answer)

Ms. Doe sent Detective Shafia (a text she wrote Woodward?) after the miscarriage.  "Just got back from doctor. Everything okay." It appears Ms. Doe showed Detective Shafia that text at that first meeting.

JL: Before your sting or snare, ... you knew that she, later she sued Mr. Woodward?
JS: No I did not know (that).

(JL: You asked her to pretend to still be pregnant but she had already decided to do that?)
(JS: Correct.)
JL: So, she was using you?
DDA: Objection!
JP: Sustained.

Shafia directed Officer Hernandez to take photos of Ms. Doe's cell phone but Shafia doesn't recall what day the photos were taken (of the phone).

Defense H. Detective Shafia's chrono log, about 29 pages.

Detective Shafia does not know if Officer Hernandez took photos of all the messages on that phone.

Defense I. (Photo?) of a package? There are no BATE stamps. There's a blackberry on top in a photo. Appears to be photos of text messages. Shafia is asked to review them to determine if there were any not contained in this group.

JS: These appear to be all the photos that Officer Hernandez took. ... I did not look at the phone. I just looked at the photos.

There are more questions about what Ms. Doe told Detective Shafia she told Woodward about her pregnancy being "okay."

I believe Shafia repeats that Officer Hernandez told him that Hernandez took photos of everything on Ms. Doe's phone.

JL: In that meeting you told her not to erase anything on that phone?
JS: Correct.

Levine crosses Shafia on more of Ms. Doe's interview.  Shafia is asked if he knew if the District Attorney got phone records.   There are questions about another text of Ms. Doe's, but that text was (apparently) not on the phone when it was photographed.

JL: Did she tell you he (Woodward) was wealthy?
JS: I believe she talked about bankruptcy issues.
JL: Did she tell you he came from a wealthy family?
JS: Not sure. I don't recall.
JL: Look at page 79 of the transcript, line 7. She suggests Mr. Woodward comes from a family with money.  ... and talks about Mr. Woodward's mother and father having some money.
JS: (Yes.)
JL: And them traveling to a private island?

Detective Shafia doesn't recall that part of the conversation.

JL: Did you look into Ms. Doe's finances?
JS: No.
JL: (Do you) remember she told you that her hands itched?
JS: Yes.
JL: At any time, did she tell you that her vagina itched?

I believe Levine asks if Ms. Doe told him something that she didn't tell other detectives. She directs him to Page 32, line 17.

JL: She's talking about some meeting around mid September, is that right?
JS: Yes.
JL: And she claims that she and Woodward had sex in late August 2009?
(miss answer)

There's a question about what Ms. Doe said about when the "dates" were that Woodward and the victim got together. Levine continues to question Shafia about this interview. October 17, she went to restaurant but there was "too much smoke."  The "Jamba Juice" occurrence had to occur in September, before she saw the doctor on October 8th. (I'm not sure if this last statement is from the interview or Ms. Levine questioning Detective Shafia.)

Levine asks what Detective Shafia did to look at Ms. Doe's computer.  Shafia states he never seized her computer. The Jamba Juice incident. Ms. Doe felt sick 30 minutes later. Detective Shafia testifies that he just let her talk about the incident.

Jamba Juice incident, she described vomiting, nausea. Of the (October) 18 incident, she described as cramps and somewhat sickness.

JL: In the course of the interview, she watched 20/20, Dateline and Oprah and she learned how to deal with things according to those shows?
S: Yes.

Detective Shafia did not test her for drugs or cocaine.  He did no ask her if she smoked, drank or any behavior that would lead to miscarriage.

JL: You did not see any (office? official) records that pinned down the date of the miscarriage?
JS: No, I did not.
JL: As she put it to you, they had sex that one time?
JS: Correct.

She didn't expound on it, just that she didn't hear from him in the last year. There are questions about prior abortion and that it scarred her. Ms. Doe said that he (Woodward) suggested to her that she use a pill. (Late August, early September.)

Ms. Doe said he mentioned this to her early on.   After the miscarriage, she noticed powder in her undies.  (At that time, McKell was already in the apartment.

JL: You (discovered?) they (Ms. Doe & McKell) looked u on the Internet. Did Internet searches?

2:30 PM
JL: But she knew there was a pill, back in August ... there was a pill she could take?
JS: Yes.

JL: At some time during the interview, she was upset and cried. ... did you do any investigation of her?
JS: No.
JL: Were you aware that she was an actress?
DDA: Objection!
JP: Sustained.

JL: When Mr. Woodward (& Ms. Doe) spent the night together, the Saturday .. it was at 2 AM?
JS: Yes.
JL: So the evening began late?
JS: Yes.
JL: She said they spent Friday night together?
JS: Yes.
JL: She didn't mention anything about symptoms on that night?
JS: Yes.
JL: She said it could have happened on Friday night, too?
JS: Yes.

JL: She did not complain of no cramping on that Saturday?
JS: Correct.
JL: Didn't complain about diarrhea?
JS: Correct.
JL: Didn't complain of any symptoms that could have been caused by Misoprostol?
JS: (Correct.)

JL: Did you search police records to see if she had made any other complaint about anyone?
DDA Objection!
JP: Sustained!
JL: Did you get into the mechanics as to how the powder got into her vagina?
JS: I did not get specific, but she offered details.

There are questions if:
he asked her if she knew how powder got on his hand.
he asked her how much.
he asked her if she felt anything unusual.

I believe there are questions about if there was a discussion about this might be a difficult case to prove.  Would it be difficult to prove without the fetus.

JL: You told her that you would need to speak to the coroner?
JS: Yes.

JL: This was said in the context that you said this case would be difficult to prove?
JS: Yes.

I believe there is a question that Detective Shafia told Ms. Doe that he would have to speak to her doctors.

2:40 PM
I'm watching the time because I want to get to the break, and I'm wondering how much more Levine will be questioning the detective.

JL: Page 79, line 2. Well you said it would be an accumulation of details ... going to end up (?) talking to coroner.

Levine then asks about something from Detective Shafia's notes, not his interview of Ms. Doe.

Defense J.
JL: If you look at this (BATE/EVID stamp 1873) ... Are these your notes?
JS: Yes.
JL: Is this your handwriting?
JS: Yes.
JL: Meeting with Dr. Young, correct?
JS: Yes.
JL: And that doesn't have anything to do with the case?
JS: Correct.
JL: What coroner did you meet with in this case?
JS: None.

Defense K (BATE/EVID stamp 1821)
JL: Is this your handwriting as well?
JS: Yes.
JL: Met with coroner ... People v Davis.  People v. Taylor.  ... Those are both cases .... ?
JS: Yes.
JL: What do those have to do with (this case?)?

I don't have it in my notes, but from memory, I believe Detective Shafia may have filed papers in the wrong case and/or wrote his notes on another case inside this case file.

Shafia asked about a Deputy District Attorney (Shiller?), about cases similar to this.  In Shafia's chrono, DDA Shiller is listed there.  Chrono page 10.    He called (Lomis?) at LAPD SID. Talks might have coroner ... better response.

JL: Does that relate to this case?
SJ: Yes.

2:48 PM to 3PM
Afternoon break.

During the break, there is a discussion in the well between the prosecution and the defense having to do with getting electronic inner-departmental communication of the LAPD. The LAPD keeps electronic records, not in an archival form, but keeps back-up tapes. I'm not really getting the whole gist of the conversation of what the defense is looking for.  Possibly something to do with conversations with other potential witnesses.  The prosecution will have to figure out how long it might take to do this type of search of LAPD inner-department communications and if it's even possible.  However, this discussion may have to do with Brady material and not potential witnesses.

DDA Balian disagrees. "We don't know what's ... anything there. ... It is a fishing expedition. We don't accept that. At this point, it's beyond the scope of our duties. ... This would be information we don't know if it does or doesn't exist. ... only to verify if what (the) detective told us. ... Would we have to go through file cabinets or go to their homes?"

Judge Pastor, who is part of the conversation states they are not on the record.  "If you want to brief it, brief it."  Judge Pastor tends to agree with the people. I believe Ms. Levine responds, "I expect we would do something like that. (Brief their request.)

Balian states the people's position is to conclude the hearing as scheduled. On December 16th, they are going to return.  There is a discussion about the days needed for he brief, the people's response and then the defense rebuttal to that response. I believe Judge Pastor responds, "I'm telling you right now, I'm not going as far as the defense wants me to go."

Judge Pastor now goes on the record and describes what just happened. "The people have a Brady obligation, but don't believe they have free range... "  There are discussions about the date and time the filings and responses will be done by.

Detective Shafia retakes the stand and Judge Pastor states he's still under oath.

Levine is going over notes Detective Shafia put in the chrono that refer to a different case. Then it's back to the interview transcript with Ms. Doe, page 17.

JL: Another reference of Mr. Woodward  coming from a wealthy family is that correct?
JS: Yes.
JL: So that (interview?) ends with what you refer as "the sting" then afterwards, you wrote a summary report?
JS: Yes.
JL: (You?) asked security at her building to burn a video of Mr. Woodward leaving the apartment?
JS: Yes.
JL: She asked her security to do that before she met with you is that correct?
JS: Yes.
JL: Did you ever get that video?
JS: I don't recall.
JL: (You) never asked for any other video, from Table 8?
JS: No, I did not.
JL: Do you know if she searched on her computer for someone elses' for abortion pill?
JS: I do not.

JL: (You? She?) ... talked about what happened in the bedroom, about scooting around and about a backpack. Do you know if that was ever possible?
JS: No, I did not.
JL: Do you know if she used contacts or glasses?
JS: No, I do not.

There are questions about Ms. Doe's computer and land line that are objected to and sustained.

Questions about snare verses sting.
JL: ... but in the police report you referred to it as a snare?
JS: I don't recall using the word snare.

Ms. Levine has the witness look over a document.

JL: Did you review the arrest report?
JS: Yes.
JL: Did you refer to "snare" ... Mr. Woodward?
JS: Yes.

3:22 PM
JL: The (interview?) tape with Ms. Doe ends around the time you talk about a snare ...
JS: Don't know how long it took, but was trying to find out what she wanted to do as far as (the LAPD) investigating.
JL: the tape ends where you talk about what steps she wants to take, to do next.
JS: Yes. ... The bulk of (the discussion?) was I to notify her doctors and she had to decide what she wanted to do next as to Joshua Woodward.  ... The interview ended with she had options and what she wanted to do next. ... It was mostly to give me time to determine if any of this even happened.

Shafia states he did not meet with Ms. Doe and Ms. McKell after the tape ends.

JL: Did you put in place plans to next speak to her?
JS: No.
JL: What happened next between you and Ms. Doe?
JS: At some point I informed her I was comfortable in making a decision and wanted to know how she wanted to handle it.
JL: Where is that in your log?

Defense exhibit H?  Defense exhibit L.

Several evidence pages BATES/EVID stamp 1774, 1775, 1825, 1821, 1822, 1823, 1824 are presented to the witness.

JS: These was the notes I had written down before the prelim date to get myself ready for testimony.
JL: So this was not a log created at the time ...

The first two pages he created, put together in advance to help him testify. 1774, 1775. More questions about which pages were created at the time he first investigated the case. 1821 - 1825. Pages 1774 and 1775 are pages that consolidate other pages in the investigation.

JL: Let me know what it is that shows you next communication with Ms. Doe.
DDA: Objection. Relevance.
JP: Sustained.

JL: When did you next talk to Ms. Doe?
JS: I believe it was after I obtained a search warrant for Mr. Woodward.
JL: You spoke to her on October 20 ... then spoke again after (you) obtained a search warrant?
JS: Yes.

Defense M. First page.

JL: Court order sealing search warrant?
JS: Yes.
JL: Bottom EVID 2235. Is that (the?) search warrant you're referencing?
JS: Yes.

DDA Rizzo asks for the BATES/EVID number. 0233? 0238?

Ms. Levine asks about something specific on the search warrant. Judge Pastor asks a question. There is another question that has an objection with the ruling as 352.

Another question about the powder in Ms. Doe's underwear.

JS: She told me she didnt' use any products that would leave a powder.
JL: When did she say this?
JS: (Not that I recall.)

After the search warrant was obtained, Detective Shafia called the victim and she was willing to help in the "snare." That phone call was after October 23. Shafia told Ms. Doe to tell the defendant she had a bad episode.

The phone call was on the date of the search warrant.

JL: Did she tell you that she had communicated with Mr. Woodward on the phone?
JS: No.

Ms. Doe usually communicated with Mr. Woodward by text.

JL: Did you ask her to tape conversations on the phone?
JS: No.
JL: Did you monitor her calls?
JS: No.

There are many, many questions about what he did and did not say and do in his investigation of this case.

JL: Do you and Mr. Hernandez have the same number reflected at the station?
JS: Homicide has a main number and five other lines assigned.

Levine asks about a specific number.

JL: Did you speak to her (Ms. Doe) two times that day?
JS: I don't recall.

Now there are questions about how he left the case.  I believe Levine asks if on October 26 he was told the case would be transferred to child abuse.

JL: Is that normal, usually?
JS: It happens on occasion.

Shafia was not notified on that date.

JS: I was told that I had to share for those few days and on November 2, totally transferred.
JL: (Did you) communicate with Ms. Doe after that date?
JS: Yes.
JL: When communicating with Ms. Doe, did you notify Ms. (Detective) Fairchild?

Ms. Doe was upset about the transfer. Ms. Doe called him and was upset about it.  Now Detective Shafia is asked about an entry on the log dated 10/27/09: Victim came to station to deliver medical records.

JL: that's what facilitated Detective Hernandez taking the shots (photographs)?
JS: Not on that day.

That's the day that Ms. Doe came to the station to object to the transfer. Detective Shafia spoke to her on other occasions.

JL: Did you contact Detective Fairchild about those communications?
JS: I don't remember.

Ms. Levine asks about other communication beyond the calls in April.

JL: Do you know prior to that date if Detective Fairchild was going to seize (?) computer?
JS: I think she may have told me.
JL: Did you tell Ms. Doe that her computer would be seized?
JS: No. ... It was more along the lines of how long the case would take.
JL: the materials turned over to Ms. Fairchild .. .was that everything?
DDA: Objection!

JL: (You?) spoke with Ms. Doe on October 23. ... Do you know if Officer Hernandez spoke with her that day?
JS: No.
JL: But do you know how many times ...

The next time Shafia spoke to Ms. Doe was the 25, about when Mr. Woodward was coming into town.

JL: (You?) don't remember if Ms. Doe told you on the 23 or the 25?
JS: I'm not positive what day it was that Mr. Woodward came into town.

There are questions about a note on a supplement log that Ms. Doe called Detective Shafia on October 21 but it's not on the original log.  Ms. Levine questions if in fact, there is no record of Detective Shafia ever speaking to Ms. Doe on October 21.  There are more questions about the chrono log and I'm so confused here.  Ms. Levine is making a statement or question that Detective Shafia's memory is not accurate about when he spoke to the victim.

Now there are questions about what Detective Shafia told Ms. Doe to tell Mr. Woodward.

JL: What was that?
JS: (I?) told her to tell him she was still pregnant. ... Stay home, answer texts and to let me know when he (Woodward) was on his way.

Ms. Doe had information that Woodward was going to come to her after (he closed?) the restaurant on October 25. Detective Shafia did not write it down.

JL: Did you tell Officer Hernantez?

I believe he answers that it was Detective Carillo (sp?).

JL: When did you tell them this detective?
JS: (On the night of the sting.)
JL: Do you know when you got that information?
DDA: Objection!
JP: Sustained. Asked and answered.
JL: Did you get any other communication?

Detective Shafia doesn't recall if it was a text or message.

JL: Where did you write that down detective?
JS: I did not write it down.
JL: Where were you when you got that information?
JS: I was parked behind the KFC.
JL: How long ... there? ... What time (did you) arrive?
JS: I got there a little after eleven.

Now there are many rapid fire questions and I can't keep up.

JL: Did she tell you that her friend McKell was watching (from) the street as well?

Shafia states he was told that later by someone else.

JL: If there was a car circling, would you have been able to see it?
DDA: Objection!
JP: Sustained.

JL: (Well?) You set yourself up as to what you could see .. the cars on the street and what businesses were open. I want to understand where you were. ... I want to be sure that we're in the same area, because that area is very busy (busiest?) in the city...
DDA: Objection!
JP: Sustained.

The Grove shopping center is mentioned as being near by.

JS: Well, it would depend on what you want to consider (is) close.

Ms. Levine asks where Cedars Sinai hospital is.

JP: Now we're going to the beach.

Ms. Levine argues about where Cedars Sinai was and why Ms. Do didn't go there. It's about two miles from where Ms. Doe lived. Now Judge Pastor over rules his own comment. I note that the defense attorney (or staff person with the defense) has left the courtroom.

Judge Pastor interrupts the questioning to go over again when motions will be due for the next hearing.  The target issue on scope, anything on Brady. He's asking to keep on schedule for Monday.  Court will resume at 9:00 AM on December 16th.

DDA Balian asks for a redirect questioning of Detective Shafia, if he recalled any email communication for the purpose of this motion (that's yet to be written).

HB: Do you have any email communications with Ms. Doe describing the facts of the case?
JS: No.
HB: Did you ever interview her via email?
JS: No.

There are new questions, but I believe it's Ms. Levine doing the questioning.

JL: Detective, there's at least one email or text that has to do with the facts of this case.
JS: The only email that I remember .. .is one in (the) murder book and put in evidence. ... Any other email/texts had to do with scheduling of this case. ... I don't talk about cases that are not my case.

I believe Detective Shafia continues...

JS: I remember her having concerns over the years about the case.

Detective Shafia did not keep records of those communications.

JS: I don't know what media; ... I just have memory of her (calling? asking?).

DDA Balian asks a question.

JS: To the best of my knowledge, it was her calling asking about timeliness.

And that's the end of my notes for Day 4.