Lonnie Franklin, Jr., 2/16/16 Opening Statements
Photo Credit: Pool Camera: Al Seib, LA Times
UPDATE 1:00 PM - conclusion of the morning testimony added
UPDATE 10:30 AM - morning session to the first break posted below. Sprocket
Note from Sprocket - Why this is day 12 of the trial.
There were ten days of jury selection that occurred in December 2015, and January and February, 2016 . Jury selection started December 15, 2015 and continued for four days. Jury selection resumed January 25 and concluded six days later on February 2.
Wednesday, February 17, 2016
I decide to take public transportation today because Los Angeles is expected to get rain in the afternoon though this evening. There's one think I've learned about Angelenos since moving here from the Midwest in 1978, and that is, most of them do not know how to drive in the rain. However, it's not until I get to the North Hollywood Red Line Station that I realize, I forgot to bring an umbrella.
Because I had to park and catch the Orange Line, I'm disappointed that I miss half of KFI's Eric Leonard's morning report on the case. Eric always has insights I don't often see in other reporting. And he's best when his network gives him the time to flesh out the story. This morning, Leonard mentioned something I did not see in other mainstream stories. The portion of his story I did hear, he talked about how Franklin has literally shrunken in size in the past few months as well as the jury's reaction to the gruesome crime scene photos. Eric reported that the jury shifted their gaze from the photos, to Franklin, then back to the photos again, as if they were thinking, 'This man did that.'
8:35 AM - The Ninth Floor
Members of the prosecution team are here. Five minutes later the defense team shows up. I learn that Judge Ito retired in January 2015.
The floor is practically empty. I don't see a single family member.
8:45 AM Inside Dept. 109
It’s virtually empty in the courtroom. I’m the only journalist that has shown up. At first we get to sit in the second row and no one in the first row.
8:50 AM
Family shows up and the general public and press are moved to the back row. I’m a bit pissed.
9:51 AM
Judge Kennedy takes the bench and comments that the courtroom is cooler. On the record.
I did speak to the judge from Riverside, and they are going to have other arrangements to have the people’s witness on the 29th.
Objection to have reports from coroner and other agencies. There was a motion filed by the people and a response by the defense. I can barely hear DDA Rizzo argue her motion.
The people are not intending to introduce any of the DNA reports or ? reports.
What youre saying is, the witness whos testifying in court is testify their opinion, based in part on their opinion of a report of a person who is not available.
They will be forming their opinion based on objected facts on the time of the event or raw data. Only looking at the raw data, documentation facts, photos, reinterpreting it so to speak and forming their own opinion, whether a DNA analyst or coroner.
Amster, I think we have multiple levels here. Before the court can do an analysis we have [foundation before the law]. We have no declarations. ... Let’s talk about retirees. They have not shown that they are unavailable. Argues that this could have gone on the preliminary hearing process. Judge Kennedy interrupts and said well there wasn’t so lets not go on with that.
There is video tape depositions that are allowed under a section of the penal code.
LA Times reporter shows up and takes a seat to my left. There is another badged journalist, a woman sitting to my right.
Amster continues to argue his position as to how the prosecution is intending to enter evidence of the autopsies. Whether or not the people have shown due diligence.
More family members show up and sit in the second and third rows.
Rizzo counters. There is Williams v. Illinois. There is no requirement that the people show that a witness is unavailable. The witnesses will lay the proper foundation. It’s not an issue about ... we are following the law as it exists today and not Crawford as Mr. Amster refers to. And that law has been articulated in Calif v. Williams.
Judge, there is no requirement of [the people proving] unavailability of a witness. .... The fact that someone becomes a victim of homicide after an autopsy is immaterial.
The fact that, the tragic fact, that someone’s body is found in an alley or discarded under a mattress, does mean that there wasn’t perhaps a drug overdose or suicide, it doesn't necessarily mean the coroner not look at it. That’s not the situation here. The coroner has certain duties to perform to come up with their opinion that the cause and manner of death is a homicide. I don’t think that transforms their report preparation into something under Crawford. Since its’ going to be the witness is testifying to their opinion. They are being cross examined and you can challenge that opinion. You have the ability to send out your own investigators and challenge those opinions.
Judge Kennedy brings up the DNA hearing that happened over 8 days. All of that is available to you to refute the opinion that the prosecution is offering.
Amster closes that they stand on the record and Judge Kennedy stands by her ruling.
9:11 AM Jurors arrive
The court informs the parties that all the jurors are here so they will let them into the courtroom and we will start. The jury gets seated and we are on the record.
9:13 AM
#3 RAFFI DJABOURIAN
Testimony continues
DDA Silverman reviews the injuries to the victim that were presented yesterday. Asks about blunt force trauma to the right temple area. It’s due to an impact. There are many different ways of sustaining blunt force trauma.
All the injuries were all pre-mortem injuries. Based on how they looked and the physiology of the body. We know that there’s bleeding, blood pressure.
CROSS EXAMINATION
Amster gets up to cross examine the witness.
When he first performed the autopsy they did not know her age. At the time they thought she was an older teen or 21 years of age.
Asks about the trauma on the right side of the head. The witness points to the area of their own head, that is the temporal area. The witness says, in the middle of the head on the side of the head.
Could this trauma have been caused by a piece of wood or a blunt piece of pipe?
Those are possibilities. There’s nothing anatomically in the brain, that would tell me that she lost consciousness. The witness can’t exclude the possibility there was a concussion, from a single blow to the head.
Could the victim have been approached from behind and hit ... that’s one possibility. The witness gives another.
Did you find any defense wounds?
No. ... Did not see anything that could be described as a defensive type wound.
Did you find anything that was consistent with sexual interaction?
There were nothing that looked like external blunt force trauma. There was microscopic trauma, but nothing external, such as tears. ... It could be considered as consensual [interaction].
Cross ends, redirect begins.
REDIRECT
Since it was asked, you said that the micro trauma in respect to the vaginal area was consistent with consensual sex, could it also be consistent with sexual assault... or forceable ... let’s say that if someone held a gun to their head? That’s one possibility.
Now asks about his experience in sexual assault injuries and specific cases, where, often that the medical findings are lacking.
Witness cannot say whether or not she lost consciousness from the blunt force trauma. His conclusion as to cause of death did not rely on the blunt force trauma.
No more cross and the next witness is called.
#4 DR. MARK FAJARDO
First time he’s testified in LA County. He’s the Chief Coroner Examiner. Appointed in 2013. He directly reports to the Board of Supervisors. He replaced Dr. [Lackshmana].
He oversees the entire department, over 216 employees. He has 28 doctors on staff. Explains the role of the coroner’s office. Before coming to LA county, he was the chief pathologist at Riverside County. He was there for 13 years. Performed over 5,000 autopsies. Over 300 were homicide. He’s testified over 200 times.
Explains the various “bureaus” or departments.
1. Investigators, collect information prepare reports.
2. Toxicology lab, laboratories.
3. Doctors, who perform autopsies.
4. Administration, that supports the infrastructure.
Explains the role of each bureau.
Coroner criminalists are explained and what they do and how that differs from investigators. Explains other duties of the various staff. Also documents his CV [curriculum vitae] Also states the various organizations that he’s a member.
DDA Silverman is laying an excellent foundation for this witness’s expertise to testify about these autopsies that were performed by coroner’s, so long ago. They are the largest coroner’s office in the country. They have 60,000 people that die in Los Angeles every year. Of those only about 20 or 30,000 are reported. They perform autopsies on a portion of those that are reported. Asked to explain how their office gets involved in a death. If someone dies at a hospital, they are not even called. But say, an auto accident, they would be called. Explains which units go out to gather information and also pick up the decedent. Is there a standard procedure for a criminalist, collecting information, evidence from a body?
We have lots of policies and procedures. Mentions all the manuals. If a criminalist is called out to a scene, there are specific steps the criminalist follows. A sexual assault kit isn’t always performed. Sometimes that SAK is collected at the scene. Regardless if an autopsy is performed, they will always collect a blood sample for DNA.
More information about how his office operates and how the department interacts with various law enforcement agencies. Now talking about transfer of evidence through the coroner’s evidence log, and the Evidence Control Unit. Also referred to as chain of custody.
DDA Silverman goes over various documentation reports that the coroner’s office produces as part of the office and how records are maintained. Autopsy reports are kept indefinitely. They have records going back decades. Explains how autopsy cases are assigned. Through three senior deputies. Dr. Raffi, is one of his senior deputy’s.
He reviewed the autopsy reports of eight victims. Reviewed notes, any accompanying reports and diagrams. Reviewed photographs in the case of each of the decedents they are going to discuss. The coroner’s office takes photos independently of law enforcement.
The notes on diagram reports, are done at the time of autopsy.
He came to his own conclusion on all eight cases they are going to discuss.
10:00 AM
Testimony continues.
Every two years by accrediting body, they have to revise their policy and procedures manual. So it’s a “living document.” So what was applicable in the 1980’s, is different than what they do today. Never the less, there are always standard procedures at the coroner’s office?
Correct.
Do the standards ever change, whether or not you are dealing with a case involving criminal activity verses suicide.
Yes. Deputy examiner’s book, things are different because of the thing that you are looking for. If a hanging, how do you describe? What is supposed to be in your report, verses a gunshot, how do you document.
The defense is objecting as to the place in “time” in the witnesses answer. The defense asks for a sidebar.
10:04 AM
Sidebar.
10:07 AM
Sidebar over.
DDA Silverman asks for the last question read back. The answer is no. The procedures do not change because of the manner of death. They only change by the type of incident (hanging, gunshot wound, etc.).
One of the main functions of the coroner’s office is to determine manner of death. That. objection. Judge didn’t understand question and it’s asked a different way.
They do cause of death regardless of what criminal or civil litigation may occur.
First victim, Debra Jackson Coroner case number 85-10425
Based on the documentation were you able to determine this decedents age, weight. He needs refers to the report. Is that data, helpful in determining cause of death? Correct.
Also reviewed autopsy photographs. The prior coroner who performed the autopsy is deceased. He came up with an independent cause of death. People’s exhibit 19 photo, of victim, starting to decompose.
In the totality of the ones I reviewed. She had sustained three gunshot wounds in the left pectoral region. Three, right next to each other. She’s in a moderate to advanced stage of decomposition. There are maggots on her head and body.
Is asked to describe and explain decomposition, and skin slippage and that skin slippage is visible in the photo on the victim.
More information about how his office operates and how the department interacts with various law enforcement agencies. Now talking about transfer of evidence through the coroner’s evidence log, and the Evidence Control Unit. Also referred to as chain of custody.
DDA Silverman goes over various documentation reports that the coroner’s office produces as part of the office and how records are maintained. Autopsy reports are kept indefinitely. They have records going back decades. Explains how autopsy cases are assigned. Through three senior deputies. Dr. Raffi, is one of his senior deputy’s.
He reviewed the autopsy reports of eight victims. Reviewed notes, any accompanying reports and diagrams. Reviewed photographs in the case of each of the decedents they are going to discuss. The coroner’s office takes photos independently of law enforcement.
The notes on diagram reports, are done at the time of autopsy.
He came to his own conclusion on all eight cases they are going to discuss.
10:00 AM
Testimony continues.
Every two years by accrediting body, they have to revise their policy and procedures manual. So it’s a “living document.” So what was applicable in the 1980’s, is different than what they do today. Never the less, there are always standard procedures at the coroner’s office?
Correct.
Do the standards ever change, whether or not you are dealing with a case involving criminal activity verses suicide.
Yes. Deputy examiner’s book, things are different because of the thing that you are looking for. If a hanging, how do you describe? What is supposed to be in your report, verses a gunshot, how do you document.
The defense is objecting as to the place in “time” in the witnesses answer. The defense asks for a sidebar.
10:04 AM
Sidebar.
10:07 AM
Sidebar over.
DDA Silverman asks for the last question read back. The answer is no. The procedures do not change because of the manner of death. They only change by the type of incident (hanging, gunshot wound, etc.).
One of the main functions of the coroner’s office is to determine manner of death. That. objection. Judge didn’t understand question and it’s asked a different way.
They do cause of death regardless of what criminal or civil litigation may occur.
First victim, Debra Jackson Coroner case number 85-10425
Based on the documentation were you able to determine this decedents age, weight. He needs refers to the report. Is that data, helpful in determining cause of death? Correct.
Also reviewed autopsy photographs. The prior coroner who performed the autopsy is deceased. He came up with an independent cause of death. People’s exhibit 19 photo, of victim, starting to decompose.
In the totality of the ones I reviewed. She had sustained three gunshot wounds in the left pectoral region. Three, right next to each other. She’s in a moderate to advanced stage of decomposition. There are maggots on her head and body.
Is asked to describe and explain decomposition.
Autopsy diagram #20 is up on the screen. Judge states she has a list that identifies “20” as a coroner’s evidence log.
The witness from the stand states, “Good catch.”
DDA Silverman states it appears to be in error and will need to be corrected. Witness explains gunshot wounds, stippling and soot and what it means when it appears on the body. It means the weapon had to be fairly close. Contact wounds usually contain a muzzle imprint. In this case, he did not see a muzzle imprint but he did see soot. These gunshot wounds went through different parts of the heart. The bullets ended up in the thorasic spine.
Explains on how they distinguish entrance wounds from exit wounds. Exit wounds are somewhat star shaped, and you don’t have that abrasion collar around the wound. None of the cases had through and through exit wounds? There is one case where the bullet exited the body and reentered the arm. In this case, the bullets entered a small area. Cause of death, multiple gunshot wounds to the chest.
Did you note that the three projectiles were recovered?
Correct.
Did you note the wound track of this case and the others?
Yes. They were all left to right, front to back and slightly downward. Now gives the witness a hypothetical, that the witness was seated in the passenger seat of a car, and the shooter seated in the driver’s seat, would that trajectory path comport with that scenario?
Yes.
All three bullets were collected from the spinal column.
Were the projectiles similar in size and weight?
The projectiles? [Yes.]
He looked at the photograph of the packaging itself.
Another exhibit, a diagram. Exhibit 420h. This diagram shows where the bullets were recovered.
He was not able to decipher the coroner’s handwriting in some of this exhibit and the witness says, “blah, blah, blah.” There is a bit of laughter.
10:29 AM
The morning break is called.
Jurors have left the courtroom. The court asks Mr. Amster, "Would you like to cross examine after each victim?" Amster states it doesn’t matter, whatever the court wants. The court replies that she thought it would be easier for him, so she states they will do it in the regular manner.
We are in recess.
10:45 AM Break Over
The jury files in. Reporters come back in along with family members.
Continuation of testimony. There are several images of envelopes in the exhibit up on the overhead screen.
The witness is asked to explain the envelopes and why they are still called "coin" envelopes. "Back in the day, they used what was called coin envelopes, [that were used by banks to package coin]. ... Now days they use a larger type envelope."
Exhibit 24, close up of a portion of the photo, the projectile that was in the envelope. Identifying the specific items in the exhibit and what writing is on the envelope. Going over another Exhibit, 26, photo of projectile envelope and the projectile. These are all to the specific case discussed.
More family members arrive and sit in the third row of the gallery.
The witness is asked to explain why the projectiles appear to be dented. Once it hits bone, there’s a good possibility for the projectile to become dented, which is what we see here in the photos.
The witness is asked to cut across the top of an envelope and open it up. These are the actual bullets. The caliber of the projectiles are 25 caliber, The witness is testifying as to what is on the outside of the envelope. Because of several defense objections to the witness interpreting the writing, the judge instructs the jury that the witness is just testifying as to what is on the envelope and not what the information means.
It is a medium sized projectile, that is jacketed, except for the base of the projectile. He’s asked if there is any markings on the bullet. The witness asks the court if he can use the light on his cell phone to illuminate the bullet. The Judge says, “Sure. They didn’t have that back in the 80’s.” Small amount of laughter in the courtroom.
A second coin envelope is presented. The exterior documentation on the envelope described and now the witness is opening the envelope. The witness describes it as a medium sized projectile, partially copper jacketed except for the base.
A third envelope is opened in the same manner as the two before. This item also looks dented to the coroner. The information on the envelope is documented. The item is described as before. It’s the same as the other two items. It’s medium in size, dented, partially copper jacketed. The witness is now asked to reverse the order and place everything back inside the proper envelopes and envelopes inside of envelopes.
11:11 AM
Exhibit of coroner’s evidence log of the case number and the various items, including the three bullets that were just reviewed. The defense objects to this evidence and the court states, “I’ll see you at sidebar.”
11:13 AM -Sidebar.
One of the ladies in the gallery, I believe a family member, comes over to speak to the male sketch artist who is sitting in the second row. A minute or two later, the female deputy comes over to speak to the family member. The deputy stays sitting beside her for a short time.
11:23 AM Sidebar over.
Court to the jury. Regarding the exhibit on the screen, the exhibit deals with the projectiles. The items were logged in on the evidence log were logged in by Dr. Redding. Everything else in the log, is not for your consideration.
Whether or not this was a suicide or a murder, the same document would be used to document the evidence. The pre-printed descriptions on the evidence log are some of the more common items that could be collected and documented by the coroner’s office. And there’s space where items could be written in.
Now talking about decomposition. The witness states, "We saw the maggot activity, we saw flies born. ... The eyes were like a gelatin material. .. The eyes can pretty much disappear. She was on her way to have that happening."
More gruesome facts about decomposition are described. The bloating, and bacteria taking over the body. The abdomen and chest extends and becomes bloated. Gas formation forces the tongue outwards. Discoloration of the entire body. These are all consistent with decomposition. The photos and descriptions are sad and depressing to hear.
The coroner states, "Gunshot wounds to the heart, are very rapidly deadly. ... When you take out the heart, there is no longer blood flow, blood pressure to the body. ... We say there’s about 2 minutes [of life left, before death]. ... Looking at reality, one minute."
Loss of consciousness?
Yes, followed very rapidly by death.
Would any of these gunshots cause paralysis to the body?
Yes.
So prior to death, this particular decedent would have been paralyzed?
From the waist down.
Did you review a toxicology report?
Yes.
Objection. Sidebar.
11:30 AM
This case will take an extra month at this rate if the defense is going to object to this much evidence being presented.
11:31 AM Sidebar over.
DDA Silverman asks for a question read back.
As part of your determination of this case, in ruling out any other factors, did you review the toxicology report?
Yes. ... She had 0.21 percent alcohol. She also had a metabolite of cocaine. So she had coke in her system at some time before her death. All it tells us is some point prior to her death, she had cocaine. How much, because of composition, they can’t say. The cocaine did not contribute to her cause of death.
Alcohol can it be produced on the part of decomposition?
Yes, even if you give full credence to the bacteria, her alcohol level cannot all be explained by the decomposition.
In this case there were blood samples taken that resulted in toxicology and released to LE?
Correct.
Victim #2 Henrietta Wright
He reviewed autopsy report by Dr. Golden, who is now retired, with respect to an autopsy that was performed on the decedent.
Henrietta Bush, and also identified as Henrietta Wright.
Age, height, and weight?
27 years, 110 lbs and 68 inches in length.
So 5 ft 8?
Yes.
DDA Silverman jumps back to the previous case.
Going back to Debra Jackson, her age, weight height?
35 years, 135 lbs and 67 inches in height, or 5 ft 7. ... That’s information that would have been collected by the coroner’s investigator.
Now back to Ms. Wright. Testifying to all the documents he reviewed.
Cause and manner of death, his conclusion.
Photos of Wright. Photograph taken at coroner’s office. He can tell by the number blocking used in the photo that it's a coroner's photograph. The coroner’s case number, 86-10501
What do we see here that’s obvious to you as an examiner.
She’s clothed, there’s blood on her clothes, but there’s clothing pushed into her mouth.
A gag?
That’s how someone would define it.
New photos. Close up photos, a closer photo of the garment itself. Next, is a photo of the victim after the gag was removed. It’s an image of the terror on her face at the time of her death. Her mouth is frozen in an open position. The horror of this photo brings tears to my eyes. There is blood over most of her face, blood that came out of her nose. blood pooling on the left side of her face. Her eyes were open.
Now an exhibit, photo of the gunshot wounds to the victim’s left breast. Now showing and describing, “venus marbeling” which is seen in decomposition. Another photo of the decedent, fully laid out on her side. So, so sad. The witness is pointing out where the gunshot wounds are on the victim’s body.
The jury is somber. They are not looking away from the photos. Witness points out a bullet wound where, the bullet exited the body and reentered the arm. Now a diagram, of side views of the body and documenting the wounds the victim received.
So, what was the path and the nature of the injuries that were caused by the gunshot wound?
The first bullet hit the aorta and the lung. The second bullet hit soft tissue, and exits the body and hits the arm.
More detail as to the track of each of the bullets. The track was left to right slightly downward and front to back.
DDA Silverman gives the witness the same hypothetical to consider that she gave with the prior victim. If the victim was sitting in the passenger seat of a car, the killer in the driver's seat, would the bullet tracks be consistent with that scenario. ? [Yes.]
The first bullet did not have stippling. The second bullet did. There was just stippling around the wound. No soot.
11:48 AM
DDA Silverman asks, you just mentioned that with respect to gunshot number 2, that there was evidence of stippling, which means the gun was 2 feet or closer. Now we’re talking about a shirt on the body. Would the clothing prevent, perhaps, any sooting, so it ended up on the shirt rather than the body?
Correct.
It could be closer in that we also know that she’s wearing a shirt.
Correct.
When talking about a 25 caliber bullet, would that leave less powder, than perhaps a 38?
Yes.
Now showing an exhibit of various envelopes that has to do with evidence to this case. Next exhibit, photo of envelope with the projectile. And documenting the information on the outside of the envelope. Reads the information on the envelope in the exhibit photo.
Now introducing another exhibit photo of a second envelope, documenting everything about the case and where the projectile was recovered from the body. Actual evidence envelope from LAPD.
DDA Silverman introduces this into evidence and asks the witness to describe.
Opening the small coin envelope to reveal what is inside. A medium sized projectile that is partially deformed.
A second envelope, not a coin envelope size, with a DR number on it and information about Henrietta Wright’s case number. There’s a coin envelope inside that envelope. Like all the other items, the witness testifies that the envelope is sealed with LAPD evidence tape. He opens the envelope and is asked to describe the item inside. It’s a medium caliber projectile that is partially jacketed and deformed.
The items are returned to their perspective envelopes and the noon break is called.
Continued in Part II.....
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