Tuesday, April 14, 2015

Cameron Brown 3rd Trial, Day 12, Prosecution Testimony Continues

Lauren Sarene Key, 4, died November 8, 2000.
Photo copyright, Sarah Key-Marer; all rights reserved.

UPDATE 4/19 edited for spelling clarity, accuracy

UPDATE editing for spelling, clarity over the lunch hour.
9:55 AM
When I arrive in Dept. 107, there's no one in the gallery. There are different counsel in the well, and it appears that the other pretrial hearing that was supposed to be earlier didn't happen. Someone is 1.5 hours late. I don't know if it's counsel or a defendant. DDA Hum is here, Detective Leslie is here as well as Mr. Laub.

Also in the well, is Brown's defense attorney from the second trial, Pat Harris. I saw Pat Harris last year at the Airport Courthouse at one of the Dawn DaLuise pretrial hearings.  I'm guessing Mr. Harris is not here for this event, but happened to be downtown today and stopped into 107 to check on the case. He was having a jovial conversation with Detective Leslie in the well of the court. It's obvious they are friendly. When Mr. Harris sits in the gallery, I say hello.

Sarah arrived in the gallery a few minutes after I did.  Brown's wife Patty Brown is not here. It's surprising to me that Patty has not been here since the first few days of voir dire. I don't know why she has not attended the third trial.

10:03 AM
One of the jurors is late. DDA Hum informs the court that a clerk or intern will be assisting him with the photos since Detective Leslie is on the stand.

The individual for the other case has not shown up. The court and counsel agree to have that hearing at 11:45 AM.

10:09 AM
The jury files in.

Judge Lomeli informs the jury about the status of the case. The prosecution expects to rest by the end of next week. The site visit is going to be on May 7.  Court will be dark in the afternoon on April 29, and dark on April 30 and May 1. DDA Hum continues his examination of Detective Leslie.


Leslie and Smith were one of the on call teams on November 8, 2015. There are six teams in Sheriff's Homicide. Each team as a sister team, that alternates from the desk to on call.

Detective Martinez who testified yesterday was a member of the sister team for him and Smith. Leslie and Smith were working another case when the call came in.

Explains why Martinez first went out alone. It was first reported as a recreational accident, not a death. If it's going to take more work than one person can do in an eight hour shift, it's handed off to a two man team. High publicity or celebrity could also trigger a two man team.

Smith and Leslie were assigned to take over the case about 5:20 PM that evening. They had just walked back into the office (in the city of Commerce) at that time.

10:17 AM
Attorney Pat Harris quietly leaves Dept. 107.

Smith and Leslie arrived around 6:30 PM. They arrived in separate cars. They initially arrived in separate cars, at the road that leads down to the archery range from Palos Verdes Drive S.  They then proceeded down to the archery range.

Asks to identify officers who were there when he arrived. Deputy Claus Girmis, (sp?) Dep. Jessisca Brothers. Sgt. [Lt.] Rick Erickson, and the defendant, Mr. Brown. Identifies the witness.

People's 115. Photo of defendant that was taken on that date. Except, the defendant had on a flannel shirt at the archery range.  Brown was by the picnic tables near the archery range. Leslie believes that Dep. Brothers was near Brown.  Lauren was covered by a white sheet. Brown was between 5 to 10 feet (of Lauren?).

He and his partner interviewed Deputies to find out what the situation was. Initially spoke to Deputy Girmis, Then spoke to Deputy Brothers, then spoke to the defendant.  When spoke to Brothers at the scene, did she tell you something? Yes.

At approximately how long did other conversations take place before he talked to the defendant? Not long, a couple of minutes, here and there.  When you contacted defendant at archery range, [why]? There were a couple of reasons. Any time homicide show up in suits and ties, I was trying to introduce myself. Anytime there is family present, to let them know they [Leslie & Smith] are the ones handling the investigation, give them my card. Also wanted to get Brown away from the scene, to speak to him, ... about what had happened.

Initial demeanor of Brown. There was a definite lack of emotion. I would say indifferent. Matter of fact. Would probably be the best words to describe it. When you spoke with the defendant, were his responses appropriate to what you were asking? Oh yes.  He answered the questions Leslie asked.

Did the defendant ever appear to be confused? No, not at all. Did the defendant ever exhibit a blank stare? No. Initially at the scene, about how long did your interaction take? I would say roughly, ten or fifteen minutes, with another five minutes to drive back to the upper road from the archery range once we arranged transportation.

Once you told the defendant you wanted him to go back to the station, did he go with you? Yes. The defendant was concerned about the media. He was also concerned about his car, and the surf board on top and his concern was that it [the surfboard and vehicle] not get stolen. Initially, wanted to tow the vehicle, but Mr. Brown didn't want that so Leslie arranged for it to be driven back to the station.

Originally interviewed him in the same location of where he was near Lauren's body.

Did the defendant ever ask you if he could see Lauren, say goodbye or hold Lauren before going to the station? Not once.

How were you planning to get the defendant back to the station if a deputy drove his car?  Another deputy transported Brown and one drove Brown's car.

From archery range to top of the road, Brown was  in the back seat and they drove up to the top in Erickson's Tahoe. Media was still present.  As they approached the upper road, Brown took the flannel shirt he was wearing and covering his face.

Have you seen a video clip of that incident? Yes. Hum is playing the video. You can see Brown in the back seat, pull a white looking shirt over his head.  Leslie, Lt. Erickson, Brothers and Brown were in the car.

He doesn't remember specifically what Brown said, only that he didn't want to be seen by the media.

During the entire encounter with Brown at the scene until transport to Lomita Station? It was the same. Very matter of fact, indifferent. Casual. He was cooperative, with going back waiting for us to talk to him, but very matter of fact. Indifferent.

Approximately how many times have you encountered a situation where a child died and a parent is present? Too many. Hundreds. [Miss specific question.] Once since [this event].

Have you seen a range of emotions? I have. I've seen every reaction from hysterical, uncontrollable crying, venting, just completely shut off where they can't communicate, tears streaming down their face, anger. I've seen an array of emotions.

Did the defendant's reaction stick in your mind? Yes. Still to this day.

Did you after defendant transported to the station, did you continue your investigation at IP, prior to talking to the defendant?  Five six hours, maybe.

Can you explain why it took that long? The scene was different. It was out doors. It was not a street intersection [where position points and distances could be easily measured]. It took lots of time to determine how to measure, how to put into words how to describe what we were seeing well enough, for someone else to understand what we were seeing. And to do that documentation at night.  All in preparation to speak to Mr. Brown.

Did not go up to the top of IP that night? No. It was dark and dangerous. Opted not to stumble around in the night [with flashlights]. It was too dangerous to go up there at night. Felt that it wasn't going to provide us with anything that night. They decided to hold/secure the scene so it was contained, to prevent anyone from going out there.

They went out there the next day. The scene was still contained.

After conducted their initial investigation at the scene, he went to Lomita Station. Everyone that was there, once left archery range, the handling patrol deputies returned to the station. [Detective Leslie lists the various personnel that returned.] The criminalists and photographers.

Met with the defendant a little after midnight, 12:30 AM.

Just prior to going in and speaking to the defendant, did someone approach you? Specifically Deputy Brothers? Oh yes.

When Deputy Brothers approach you, did she provided you with additional information? Yes. Objection! Sidebar.

What information did Brothers provide you? She had forgotten to tell us that the defendant had a disposable camera with him and had taken photos of Lauren on the hike. She did tell us some things that she felt were odd. Doesn't remember exactly what she said, but things she thought were odd.

She did mention that she thought that it was odd that Brown had commented on the election while they were standing there, waiting for homicide detectives to arrive? [Miss answer.]

Defendant was still wearing the clothes he was wearing at the scene. Chukka style boots, leather boots white socks, light brown cargo type shorts. Faded yellow, off white t-shirt and flannel shirt. Had photographs taken of the defendant.

Four photographs labeled A-D people's exhibit 128. First photo up on the screen, D, the shoes Brown had on his feet.

Photo A is a smaller version of earlier shot, just shown to the jury. Photo B is a full shot of Brown standing, minus the flannel shirt. Photo C is the back of the defendant's t-shirt, depicting some blood soak-age and brain matter human tissue on the top left should portion, and some blood drippage and smears toward the lower area.

Photo D, photo of the leather boots Brown was wearing.

When he talked to the defendant, his clothes were dry but the boots were wet.

Approximately how long did the interview with the defendant take? About 3 hours. It was not recorded.  Originally, his intention at the onset was to video record the interview. Just based on, ... it wasn't what Brown said, it was how he was saying it. [Brown's demeanor.] Original intention was to video tape.

Was it your belief that Lomita had the ability to do that?  Doesen't know if that really was a thought, but knew when he was driving up from the archery range, it was his thought to video tape Brown. In 2000, did not have a cell phone that would do that.

Why wasn't it taped? Once we got into the station, his partner and him split up. When they found out the station did not have the ability to do that, video tape. Smith had a conversation with the defendant's wife and father [in the lobby]. Based on that, they had a concern about time. Smith was told to either charge or release Brown and that an attorney was on his way down to the station. It was Mr. Brown's father who told that to Detective Smith. [It was a decision that was made to get a statement as soon as possible.]

Did he inquire about recording devices the station might have? There were not available at the Lomita Station. He had a device in the trunk of his car. They felt that it was time sensitive, with an attorney on the way, so he did not go get the recorder out of this car. Because of the statements from Brown's family, they wanted to be inquisitive but not throw a tape recorder in front of the parent of a dead child.

[Detective Leslie says something to the effect, now days will have a recorder in his pocket, so that the recorder is not out-front and in front of a parent of a dead child]

Now, currently, he has a small digital recorder, but didn't have access to something like that back then.

Made the decision to get a story from the defendant then, other than not get a story at all. Did not consider the defendant a suspect at the time they started the interview.

Both detectives took notes during the interview. If one was talking, the other was writing. If one jumped in, the other wrote.

Tell us how the interview began. It began with, us asking to go over what had transpired that day, and we started taking. Got background information. Got his birthday, Sept 21, 1961. He was 39.  He was about 6' 2', 6' 3". He was about a good 220 lbs, 230 lbs. His occupation, he said he was an expediter, in essence a baggage handler with American Airlines. His job consisted of transporting baggage from one flight to another. Loading and off loading flights.

He kind of jumped strait into what happened. He said that he was hiking with his daughter. He said that she wanted to go out there to Inspiration Point. Leslie stopped him and had him back up.

He specifically said, throughout the entire interview, from the inception that Lauren wanted to go out there.  He explained that he had gained non-supervised visits. Explained the alternating visits of overnights one week, and day visits, on his days off Tuesdays and Wednesdays. He had visitation for about a year.

He told us that he and Sarah did not get along, and that they rarely or barely spoke. They did not speak to each other.  During the entire interview, did the defendant ask you to notify Lauren's mother about what happened? No.

Miss the next set of questions.

Just prior to going into the interview, Deputy Brothers had mentioned the camera. It was at the end of the interview, at that time they tried to press him, to get some type of emotional response, to take some kind of responsibility. [Brown said] that the photos would show us, that Lauren was having a good time.

Back then in 2000, cameras had strips of negatives? Did you examine the sequence of photographs?Yes.

Describe the camera. It was a Ralph's brand, disposable outdoor camera. It was in the Subaru station wagon. That it had belonged to his father. There were four photos.  The first two photos were blurs. It was too close to the end of the film. The next seven were of the defendant and his father in the Subaru, pictures of surfboards. That nature. There were three photographs of Lauren. One at the parking lot. The next one was taken at the bottom of the trail leading from the parking lot before the preschool. The last one was in a plastic tunnel, taken from the outside. There were 15 unexposed negatives.

That picture at the tunnel, was at the playground. No photographs of Lauren on the trail, no photos of Lauren running ahead. No photos of Inspiration Point. No photos of Lauren on Inspiration POint or the view of Inspiration Point. No photos of Lauren hiking ahead.

Photos A-C people's exhibit 103.

Photo A, on the screen. This is the second photo. At the bottom of the trail from the parking lot. Just east of the playground or preschool.  Middle of the three photos. Photo B is the first photo taken, in the parking lot. I note that the photo is shot from an angle of looking down at Lauren.]

Photo C is Lauren in the tunnel. I can barely see Lauren in the photo. In fact, I can't find her in the photo. The playground tunnel hides where she is.

Detective Leslie testifies he's been to the area, the entire area, on numerous occasions. The defendant never explained how he knew there was an archery range there. There were no signs on the road. The only sign in 2000, was on the archery range itself, on the awning above the picnic area. There was nothing on the beach or the trail or on the upper road, that there is an archery range.  There are signs out there now, not in 2000.

The archery range is not visible from the road or from Portuguese Point.

The interview lasted about 3 hours. Yes. Can you describe for us, throughout the entire interview the defendant's demeanor? Indifferent. It's the same demeanor that was on the 911 call. It was almost scripted. There was no acceptance of responsibility. It was indifferent to the point where his demeanor almost became flippant.

11:36 AM
During your career as an investigator, have you interacted with a number of people who lost family members? Professionally and personally, yes. Hundreds.  Did you ever see a response like the defendant's during that interview. [No.]

Don't different people react differently to grief? There's certainly a range of emotions like I said earlier. When parents lose a child, even a violent death, [an accident, even an expected death (illness)] .. parents always have a tendency to find blame within themselves. I shouldn't have done this, shouldn't have [done that]; I should have seen this coming. They always find a way to blame themselves, no matter how far removed [from the event]. But Brown would accept no blame.

He mentioned this to the defendant, I told him that regardless of what happened, he had to take responsibility. He said he wasn't responsible. Brown said, "She wanted to go out there, I just followed."

Towards the end of the interview, what was odd? I'd realize that we'd been talking about this little girl for three hours. He never called her by her name. [He never said "Lauren."] He never said my little girl. It was always her or she.

When confronted with that the defendant said, "Lauren, I know her name."

Did you ask the defendant about his shirt? In what respect? Did you ask him if you could take the shirt or photograph it? He offered us his shirt, he said that he would just throw it away later.

Did you tell the defendant you thought it was strange that he was showing no emotion? He said that he was emotional earlier, and that he couldn't stop crying on the 911 call.

At one point Detective Leslie accused the defendant of being responsible. He placed the photo of Lauren, of her face, and the severe blunt force trauma in front of him. Brown was told to look at it and pick it up. Leslie testifies, we were trying to illicit some emotion, some responsibility. It was a Polaroid that the coroner took.

People's 130. Photo of Lauren's face. It's completely red, covered in blood. I see on Lauren's little chest, the remains of one of the paramedic sensors. Her shirt was cut away so they could work on her.

Is that the Polaroid you placed in front of the defendant? Yes. Told him to pick it up?  At one point, yes.

He looked at the photograph and said, "Yes, that's her."

Did the defendant show any emotion when you showed him that photograph whatsoever? No.

11:44 AM
The court calls the noon lunch break.  The jury files out.

1:30 PM
I'm inside Dept. 107.  The attorneys are setting up their files.

1:35 PM
Brown is brought out. He leans in to speak to his investigator. He arrived during the morning session.

Continuing with Detective Leslie

When we left off you'd just finished testifying about the coroner's photo. It came from the coroner's investigator Alan Moses. It's often taken for identification. At the scene, Moses asked him if he wanted their own copy.

You used the term almost flippant? Yes. Can you give us an example of what you meant by that? It was at the point of the interview when we became accusatory. It became an interrogation. We accused him of throwing or pushing Lauren, and Brown pointed at their notebook and said, no, I told you what happened. You wrote it down right there.

Finished the interview around 3:30 AM.

When you commented on his lack of emotion, he told you that he was crying earlier and that he couldn't stop crying? [Correct.]

DDA Hum plays the 911 call again. We listen to this again.

Brown looks straight ahead while this tape is played.

Mr. Laub is writing, taking some notes while the tape plays. Brown looks over for a moment while Mr. Laub is writing.

That's the 911 tape where the defendant stated he could not stop crying? Correct.

Earlier in his career, Detective Leslie answered 911 calls and dispatched police. What struck you about that call was missing?  Hurry up. He worked the desk during the LA riots. He's never taken a righteous emergency call, and not say hurry up. Quit asking me questions and just hurry up. I never heard, hurry up, please hurry, I need you to get here.

Detective Leslie, after the defendant left Lomita Station, at 3:30 in the morning, did you ever speak to him again until he was arrested until 3 years later? No.  Did you make attempts to speak to him? Yes. There were things that we wanted to clarify.

Laub asks to approach.

Why did you want to talk to the defendant again. We had additional questions once we learned a bit more about Lauren, what she liked, what she liked to do.

Laub objects again.

Were there other reasons why you wanted to talk to him? We wanted to go to up to Inspiration Point with him. To find out where he was seated, where she was seated, where she was throwing rocks.

You made numerous attempts to speak to the defendant? Yes. The next time was about six days later.
My partner and I knocked on the door. Ultimately his wife Patricia opened the door. [She handed s two business cards], one for herself and one for the defendant, they were attorneys. She said if the relationship was to be long term, they would have to go through the attorneys.

Go back to the afternoon and evening of 2008, when you met the defendant at the archery range, and some of the things you did prior going to the station. He had never met Brown before. He never had anything against him. No. Was it your intention, to make this incident, into a murder? No. Was it your intention to make this a murder rather than an accident, as opposed to anything else? No. Were you out to get him? No.

Went out to Inspiration Point, and walked all the way out to the inlet [beach level]. Detective Leslie found items that he thought had evidentiary value. Each item of evidence was marked with a placard, but he felt they would not give us a perspective, and so they got spray paint. Then spray painted those numbers on the rocks.(Missed #1)  Retrieved mens underwear, briefs. Marked those as number 2. Cigarette buts, marked as three and four. And there was a small amount of blood, that was marked as evidence #5.

Discussing the items they collected.

Items they knew were related to this case, were the boxers and the blood. The other items they did not know if they were relevant or not. The underwear did not look like they had been there a long, long time. These were the white briefs.

People's 119, already marked. Five photos, A-E.

Photo A. Represent the area as it looked in 2000. Photo A is an aerial photo, of the south east portion of the point, with the u shape that juts out over the paint. At the bottom right hand portion, you can see the orange numeral.  Photo B was taken on the tide pool up. Points out where the items of evidence were marked.  Pointing to various points at the base of the cliff.

1 blue boxer shorts.
2 white briefs
3 cigarette butt
4 cigarette butt
5 blood

Photo C, This is a flat rock, adjacent to the water, this is the volume of blood and human tissue.

Photo D This is a close up of the boxer shorts.

Photo E Close up photograph of the blood and brain matter.

2:02 PM
The inlet itself, did you view it before you went to Lomita Station? The inlet was probably twenty feet across. Begins at the edge of the shale. Water flows in from the ocean, and into a cove at the base or bottom of Inspiration Point.  The water goes underneath the cliff? Yes.

The rocks on either side of the inlet? It's shale, it's a tide pool area. It's rather rough, jagged rock, barnacles. And that would be true on the sides of the inlet as well? Yes.

First I'll have you describe various areas that we've been discussing, starting with the parking lot all the way to the archery range.

This is the introduction of photos.

First, this area, Portuguese Point, Inspiration Point and the parking lot and archery range. The points face south. The road is in the 5200 block. There are rises and dips in Palos Verdes Drive South. Two lane highway, one lane in each direction. Between Inspiration Point and Portuguese Point, off Palos Verdes Drove S, there is a dirt shoulder where people can walk.

People's exhibit 120. Overview photo of the general area. [I've posted a photo similar, but just of Inspiration Point.]

To the left of the photo off to the left, would be west, towards LAX. The right side would be east towards Long Beach or San Pedro.  Identifies on the map Palos Verdes Drive South, which is an east to west highway.

On the photograph itself, can you point out for us, the Abalone cover parking lot, is in the top left hand portion of the exhibit. That's where the defendant said he parked his father's car? Yes.  That's above the beach level? Yes.

The trail head from the parking lot leaves the lot from the east side. The trail winds down this way and then down to the beach, right about here.  Describe that trail for us. It can be rather steep. It's about a foot and a half, two feet wide, dirt trial.

Is it steep the whole way? It flattens out in parts. Points out the fire road that goes down to the beach level to the preschool in the photo. Portuguese Bend preschool. It's easily to see the road. There is a locked gate at the top at PV Drive S.

He went down to the preschool as part of his investigation. Yes. November 10th or 11th. At that time, there was play equipment inside the preschool. The playground equipment is no longer there, but the preschool is still there.

If one to leave the preschool, and head east, are there various ways that one can go? You can walk along the beach, or there are trails that you can take, but they all continue east.  What's the nest most prominent feature? The next is a little wash, or gully.

If you take the trail? [?] Depending on the tides, can you walk along the beach towards Portuguese Point? Yes.  Pounts out how far you can walk. The surface is various composition. There's sand, loose gravel and large rocks as you proceed east.

There are other ways to get to Portuguese Point. There are hiking trials, and would again intersect with another fire road, on the west side of Portuguese Point.

You mentioned a gully, how do you get through that area?  On the west side of the gully, the trails are passable. There have been steps made into the gully. Back then, it was much steeper. Explains the trails and routes that can be taken.

If you were traveling east, and went down into the gully, you said you could go up the east side, up onto some bluffs, can go down and [around?] and will end up on top of that bluff. You are about 40 to 60 feet, above the beach.

From the bluff, you can reach a fire road, that goes up to Portuguese Point. There are other trails, depending on the time of year, that will intersect the road that goes up to Portuguese Point.

Describe this road. I call it a fire road. I believe it's used by the life guards as well. There's a life guard station down here. There are some tide pools. It's wide enough for a car. It kind of makes an S curve, as you come up towards Palos Verdes Drive and towards Portuguese Point.

Where that fire road intersects Portuguese Point, is there a locked gate? Yes. This fire road is quite steep, once you make that S curve, and make assent up to PP.  Are there trails that go along the bluff, those trails intersect that road.

There is a track, around the top of PP. It's wide, it's fenced. It has a three rail fence that goes around the edge. It resembles a football field, about 50 yards wide and 100 yards long. the road is inside the fence line.  There are warning signs not to go past the fence line.

Any different in the view from Inspiration Point to Portuguese Point? No. If one was traveling, continuing away from Pourtuguese Point, what is the next major landmark?  It would be Inspiration Point, or Sacred Cove, also called the nude beach, between the points.

There are various ways you can go between Portuguese Point and Inspiration Point. Can take the fire road, up toward Palos Verdes Drive S. Explains the other routes.

Brown looks up at the overhead while Leslie testifies.

There are more than one way to get out on Inspiration Point. You can take the trail down toward Sacred Cove. That trail branches off, and go toward the west side of IP, or you can travel the Palos Verdes Drive S, just above the archery range, and it will take you up to Inspiration Point.

The trail that goes down to the nude beach, you said that trail branches off and can go up to Inspiration Point? Yes. Describe that trail, The trail is like a game trail. It's narrow, it's very steep. It's a steep climb.

In 2000, he viewed that trail. Yes. Now there is fencing along that trail. Back in 2000, there was not.

That trail, that begins above the archery range also goes out to Inspiration Point.  Points out how that trail goes. It's 1,200 feet, or roughly a quarter of a mile, this trail.

Regardless of which way you go, if you take the trail up the side, or the trail from Palos Verdes Dr. South, is there some place at the neck where these trails join? [Yes.]

Judge Lomeli calls for the afternoon break. The court notices that there are a few jurors, that appear to be struggling. He lets them take a break, get some juice and come back in 15 minutes. Brown, Laub and his investigator stand and face the jurors as they walk out.

There is someone in the custody area, so Brown can not be taken back immediately.

2:35 PM
Mr. Laub, DDA Hum and Detective Leslie have a friendly banter in the well of the court.

2:42 PM
The courtroom is very quiet now. Laub and his investigator chat at the defense table.

2:47 PM
DDA Hum paces a bit in the well and goes over his note pad. The defense investigator takes a phone call and leaves the courtroom.  Judge Lomeli takes the bench. The defendant is brought back out. The investigator returns.

The bailiff calls for the jury. The jury files in.

When we left off, discussing where the two trails meet. The narrowest portion of IP where the two trails meet. You come along the east side, left side of IP, as you head south. You're within inches of the edge. It's literally a straight drop down. Then there's a bit of a brush area, almost like a canopy, and it opens up to the right. Later, you realize that trail takes up again, along the ? side of the point.

Was there any gate or signage on IP in 2000? No. There is now.

If you are on the end of IP, facing the ocean, to your right is LAX, the playground, the wash, PP, the nude beach. To the left would be the archery range.

If one were to travel from Abalone cove Parking lot, and traveled onto the trail that leads out onto IP, that road length is nine tenths of a mile. Measured the trail from the parking lot, down to the nursery school, up to PP and onto IP, that hike is little over a mile and a half.

What is the most recent time you went out to these areas. He was there last week. He believes it was Friday.  Describe any significant changes. In the area of IP itself, the east side of IP is much much steeper than it was in 2000. It's much steeper. Another thing he noticed was, at the archery range it used to be a casual decline down to the beach. That's not been built up with filler and it's now quite steep.

The vegetation on IP. Is there a difference as to how it was in Nov 2000? It's pretty much the same. It changes throughout the year but we haven't had much rain.

The bush that was described is no longer there.

Changes in the archery range, it's much nicer. It appears to have been upgraded and some work done to it. The awing the covering the picnic tables is no longer there now. There are picnic tables remaining and two large storage containers.

In 2000, there was a trail that came down that you could take onto the beach and go to the archery range. The fire road that goes down to the archery range, is blocked by a gate and it was so in 2000.

He walked the same walk out to the inlet, on the side of IP where the archery range. Beyond that first inlet, there is a second inlet. If swam across that, you would then reach the rocky outcropping, and be on the west side of IP.

If you were on the nude beach, and wanted to get to the inlet closest to the archery range and not swim across the inlet, the only way would be to go back to the cliffs and climb up over.

Now going to go through a series of photographs.

Exhibit 121. Aerial photo Palos Verdes Drive South, looking eastward from the air.
Exhibit 122. Aerial photo of Palos Verdes Drive South, shows the coastline, the nursery school, the parking lot, etc.

Asks the witness to identify key points in the photos and mark them on the photos.

People's exhibit 106, will put this on the overhead screen. A side view of the cliff and winding fire road up the cliff from the nursery school.

3:04 PM
People's exhibit 112, aerial photo if Inspiration Point. Asked to point out the archery range.

Another exhibit, aerial photo of Inspiration Point. Marks which trail that comes down from Palos Verdes Drive South, down to the beach and also goes up the side of IP.

Peoples 123, five photos A-E.
Photo A, entrance to Abalone cove parking. Photo B part of the parking lot near where the trail head ends. Photo C, the lower portion of the trail, down to the fire road that leads to the preschool.  Photo D, the playground equipment. Photo E, is at the nursery school, looking towards PP.

Peoples 10, Three photographs, A, B, C. This is the area between the wash, the gully he spoke of before, the west side, and PP on the right hand side of the photo.  Photo A, Leslie is in the middle of the circle. He was directed there by (Mr. Sam Horn?). This is the trail that's closest to the bluff. On this trail, he's closer to Palos Verdes Drive S. On that trail, he intersects with a fire road.

Next photo his himself going out to PP. The direction these photos are looking are in the direction of the Abalone cove parking lot.

People's 110. Next three photos, A-C. Photo A, PP. The trail in the foreground, is along the bluff, it's the southern most trail. In Photo B, looking out a knoll above IP.  Photo C, a little different view of the knoll and the ridge that leads out onto IP.

People's 129 A & B. Photo A, is the portion of the trail leading down to the nude beach. Photo B is the same trail, the lower portion leading onto the nude beach.  And can see part of the trail that branches off and leads to ... [miss rest].

People's 124 A-C. Photo A, This is on top of PP. These were taken at the north east portion of the point showing the three rail fence. The fencing at the northeast portion of PP, is that any different now. There's now actually a gate in the fence where in 2000, there wasn't.

You talked with us at some length about the difference between PP and IP? Yes.

People's 125, Photos A & B. Photo A is IP. Photo B is PP. This shows the contrasting ends of each points. Overhead aerial photos. The photos are taken with the view pointing south, as if you are up above, and far back into the cliff looking down and out towards the ocean.

You testified about the statement the defendant gave and left about 3:30 in the morning of November 9th.  Yes. He went back out onto IP in the afternoon of Nov 9th. He drove. They came from the autopsy and went back out with his partner.

He met members of the investigation team.

Michelle Vivisto [?], and a photographer Darnel Carter [?]

This was to document the top of IP, because it wasn't safe to do at night before.

It was still secured when they got out there on the afternoon of 11/9. They went out to the end of IP.

When you went out there on Nov 9, of 2000, did you notice any vegetation on the U shape, that was significant. And that was the bush described by Detective Brothers. It was adjacent to that, it was on the left looking out towards the ocean. Closest to the archery range.

In that U shaped area that sloped downward. Can you tell us what the ground was like? It's dirt, but it's kind of a crusty dirt. It's loose soil. There were some dead grass and twigs. It almost had a crust on top but underneath, it had soft dirt.

The area that you said had crusty dirt, it was adjacent to the bush. That U shape area that you described, where is that in relation to the inlet closest to the archery range? It's directly above it.

Did you see anything in the U shape area that you thought was significant?  There was some impressions there. He attended classes in learning to recognize tracks.

Did you went up there to stand up and look over them? No. Too close to the edge.

You really couldn't tell. You could tell it was disturbed, but you couldn't tell what they were. He wasn't going to go down on that slope. His photographer refused to go close. Continued to have IP held by uniformed deputies, and made arrangements, had deputy Dale Falicon, document the top of the cliff, the southern portion of IP, and the particular disturbances that he saw.

Other than those impressions in that U shape area, did you see anything from your viewing on November 9th that was evidentiary value?  In the latter, the absence of anything significant. I didn't see drag marks or slide marks, or anything where the vegetation had been marked down, other than the disturbances in that sloped portion.

On Nov 10, was with partner Smith and Dale Falcion, and a few others. When they returned on November 10 of 2000, the area was still secure. On Nov 10, Deputy Ashrain, harnessed Deputy Falicon with a rope, and took one to one black and white photographs and they [impressions] were also casted on top of the cliff, in order to see if there was any comparison to ridge detail.

When went back on Nov 10th, saw the same impressions as he saw on Nov 9th.

Prior to having Deputy Falicon photograph these impressions, did you tell Deputy Falicon anything about what happened or what to look for? Had given him a brief overview of what had happened and asked him to document what he had found on the cliff in that area, and to do whatever possible to document what we hand seen.

Did you tell him the defendant had claimed Lauren had slipped over the edge? Doesn't remember if he told him that or not. Told him to look for anything significant, evidence of drag or slip marks, or evidence of trampling. If he could tell if they were shoe prints or if we could determine what they were.  Observed Deputy Falicon do his work.  Then asked Deputy Asheron to rappel over the cliff, in an attempt to locate any blood, biological material, hairs, fibers, any impact or points of impact on the cliff, that he could see.

Explains what rappel means. Observed Asaran rappel down the face of the cliff. Asked if he found anything. Ashran did not find anything.  He was at the bottom, assisting with the rappel. He was pointing out loose rocks to Deputy Asaran, because there were rocks that would fall from the top.

People's exhibit 158, photos A-D. Photos of the rock area is the southeast portion of IP, looking straight at the point. A side view photo, D looking at the east from the west. (Photo D is similar to a photo I took of the same area.)

3:35 PM
He went to the west side of IP, the sunbathing beach. From the west side of IP, can you see down to the nude beach? Yes. Can you see PP? Yes.

He also went to the east side of IP, to that U shape area. Can you see the nude beach? No. Can you see PP? No. Can you see the trails between the two points, from that U shape area? No, you cannot.

A couple of years later, November 15, of 2000, did you have video taken .. Laub corrects DDA Hum. Video was taken in 2002.  Video of the area taken. Asks that as the video is playing, to tell us about the areas we're looking at.

This is IP, viewed from the helicopter. This is the parking lot. and the beach below. The entrance to the parking lot and toll booth. As the video plays, points out things. Points out the bluff above the beach. Coming to the trail head, coming down to the nursery school, Points out the trail from the parking lot. Points out the fire trail. This is the gully and the wash, this is the trail that goes along the beach, along the bluff here. Shows the bluff or knoll above PP.  More areas of the entire area that are pointed out.

3:45 PM
Pointing out the various topical areas of IP, the U shape, the western point edge, the eastern U portion, the tide pools below. The helicopter then lands on the point.

Brown, Laub and the investigator watch the video along with the jury. Now video of the helicopter taking off, and the video ends.

No more questions at this point in time.

Judge Lomeli orders the jurors back at 9:30 tomorrow. We are in recess. The judge is off the bench.

Brown is taken back into custody. And that's it for today.