Tuesday, May 3, 2016

Closing Arguments Day One Part I, Lonnie Franklin, Jr., "Grim Sleeper" Trial

Lonnie Franklin, Jr., during closing arguments, 5/2/16
Photo Credit: Pool Camera, Mark Boster, LA Times

Note From Sprocket
This entry has not been completely edited. Sprocket
Two weeks ago, I felt recovered enough from my lung infection to return to the Franklin trial. I have two weeks worth of notes I'm working on. I'm about half way done and I hope to get them completed at some point. 

Last Week
It's been quite a journey for this case. Franklin was arrested almost six years ago on July 7, 2010. He was charged with ten murders that spanned over 21 years and one attempted murder. The victim's family members, those that are still with us, have been waiting a very long time for this day.

Last week, the defense presented their last witness and rested their case. The prosecution presented a single rebuttal case witness, Dr. James Hamby, a forensic firearm and toolmark examiner. The defense did not put on a surrebuttal case which meant all testimony before the jury was concluded.

May 2, 2016
When I first arrived on the 9th floor a little after 8:00 am, there wasn't the crowd that I was expecting.  Slowly, the hallway started filling up with reporters, victim family members, the general public, a few detectives including retired LAPD Cold Case Detective Dennis Kilcoyne, Jane Robison from the DA's office, deputy DA's and the management of the Major Crimes Division, Head Deputy Patricia Wilkinson and Assistant Head-Deputy, Craig Hum. I got to know Craig from my coverage of the Cameron Brown trials. He's a dedicated public servant.

The mainstream press waiting to get a seat that I know are: People Magazine's Christine Pelisek, the reporter who broke the case and named the unknown killer back in 2007, "Grim Sleeper, Terri Keith from City News Service, Stephen Ceasar from the LA Times, Miriam Hernandez from local ABC7, Dave Lopez from local CBS2 and about four other reporters who I did not know by name. The pool camera will be ABC7 today, and they are let into the courtroom early to set up their equipment.

Defense attorney Benjamin Gluck, who is one of many defense counsel on the Uwaydah et. al insurance fraud case, was in the hallway waiting for the courtroom next door to open. I got the change to say hello and ask about his case before Judge Michael Pastor.

9:02 AM
The bailiff's decide to seat the family members first. They put them in the second and third rows, exactly like opening statements. The media with press badges were allowed in next and seated in the front row. Then the general public was seated.

There's a bit of bustle in the courtroom as Deputy Sargent Westphal [sp?] is making sure everything goes smoothly in getting the gallery seated. The counsel and there support staff are in the well, organizing last minute logistics. Lead defense attorney Seymour Amster is by the clerk's desk, flipping through a huge binder that contains the official [paper] exhibits entered into evidence. This is the binder, along with any physical evidence that will go to jurors once they start deliberations.

Defense attorney Dale Atherton is rolling around a huge stack of 4" binders on a two-wheel cart. There must be at least 12-13 binders stacked over three feet tall on this small cart. Defense counsel Kristin Gozawa is wearing a sharp, medium gray suit.

DDA Beth Silverman and DDA Marguerite Rizzo both look quite sharp today. Marguerite is wearing a coal black suit, with a delicate pink tailored blouse. I've seen her wear this combination before. The collar is a series of curved scoops that are accented by a short string of pearls. The blouse looks vintage, or maybe she purchased it in Europe. Her outfit is finished with sheer hose that have a cream tone and matching leather strap heels.

Beth is wearing a grayish-silver, low-scoop blouse with her black suit. The skirt has two large pleats, just to the outside line of her legs. The jacket has a hint of lace around the inside of the lapel that's barely visible. I squint to try to see the necklace she's wearing. It looks like it might have dark gray pearls or crystals with silver and another precious stone. She's wearing black tights with block heel pumps. The heels have tiny horizontal sparkling silver lines.

9:16 AM
Franklin is brought out. Amster puts on Franklin's tie for him. A minute later, Judge Kennedy comes out. Her makeup is perfect and she's wearing a shiny black top or dress under her robe.

Judge Kennedy goes on the record in the case. There are a few last minute rulings on defense exhibits. Once those are ruled on, Judge Kennedy asks if there are any other items that need to be addressed.

DDA Silverman tells the court that they let the defense see their PowerPoint slides, but the defense has not been willing to let the prosecution see theirs. Amster argues that he will not show his slides. He will only show them after the prosecution has put on their case. Judge Kennedy rules that the defense will show the prosecution their slides after the people have concluded their argument.

DDA Silverman informs the court of her second point. "The defense went through the jury's copy of the exhibit books and did not put them back into order." Amster tells the court they were made aware of that. DDA Silverman continues. "Some of them are behind the wrong tabs and some of them are backwards." She tells the court she went through them last week and half of them are backwards.

Judge Kennedy responds, "They are not going to go to the jury today. The clerk will work on the and we will get them in order before they go to the jury. .. Are we ready for the jury?" She asks her bailiff, "Are they all here?" 

The jurors enter the courtroom from the jury room. The court informs the jurors that she is going to read to them 90% of the jury instructions now. After the closings, she will read the rest of them. She tells them that they will all get a copy of the instructions to read along. This is their copy of the instructions and they can write on them.

9:25 AM

Judge Kennedy starts reading the instructions. I take a few random notes, but for the most part, I rarely transcribe instructions.

9:59 AM
DDA Silverman steps up to the podium to present her opening argument. She greets the jury. She uses a PowerPoint presentation.

"Ten young women, all of them clearly murdered by the defendant Lonnie Franklin. And one woman Enitera Washington, who barely escaped that fate. ... I told you [in my] opening statement I would prove that and that's exactly what I did. I'm now going to tell you about the evidence, the law the judge presented to you right now and how they fit together."

"It is your job to determine if the defendant is guilty of the charges. The defendant's victims. How do we figure out what happened here? ... Ten of the victims can't tell you. they can't tell you themselves because they have no voices. The defendant took their voices when he brutally murdered them. So what can tell us what happened? The evidence tells us very clearly. You just have to listen. The evidence tells us since they can no longer speak for themselves."

"You've heard a tremendous amount of evidence and this is my opportunity to weave it all together for you like a figsaw puzzle.  you begin with that one piece. What is that piece? How do we begin? You heard from Detective Kilcoyne [that a] task force was formed and that took place, after the murder of Janecia Peters [1/1/2007]."

The task force [discovered?] that this crime matched to a series of crimes from the 1980's and those were the ones between 1985 and 1988. And they found another pattern. They were all connected to a specific firearm used in the 1980's. And tremendous strides in DNA analysis since the murder of [first victim] Debra Jackson, they had the  ability to solve crimes such as these.

They applied the science that existed in 1987 ... From 2007 to 2010, more evidence was found that pointed to the defendant. An LAPD surveillance team followed the defendant, and followed him in July 2010. On July 7, they followed him to a John's Pizza in Buena Park. The detectives were creative. The spoke to the owner and donned a busboy uniform and collected items from the defendant that were discarded. The items were transferred to the crime lab [to test for] DNA.

A criminalist got the full source DNA profile from the napkin and the pizza. It matched in every location ... to victim Barbara Ware [1/10/87]. One in 11 quintillion. That's a 1 with 11 zeros after it. The criminalist testified she was able to get a partial profile from the drinking glass and napkin number 2. They were all single source. Only one person's DNA. They were all consistent with the profile of the defendant's sperm fraction and [victim] Barbara Ware. They all came from the defendant. Evidence that tied the defendant to these crimes.

The defendant's DNA was identified with respect to seven victims. The same firearm was used to shoot eight victims and another 25 calliber firearm was used to kill a 9th victim in 2007 [Peters]. The ten murders shared the same similarities to each other. They were all young African American women. They were killed somewhere else and their bodies dumped in alleys in South LA; dumped like trash. Their bodies were concealed, covered, hidden.

The murders occurred within a few miles of the defendant's home. He blended in. He worked in the South LA community. He drove a garbage truck. He dumped his victims like trash. The victims had no identification. The cause of death was gushot wound and or strangulation. Their toxicology screens were positive for cocaine [except for Princess]. All are connected by forensic evidence to the defendant's DNA or firearms evidence.

There was no identification on or around the bodies. The ones who were shot were shot in the chest, except for the one shot in the back. The trajectory of the bullets, all were left to right and at a downward angle, with a 25 caliber firearm. No cartridge cases were found at the crime scenes. All but Princess tested positive for cocaine. All victims had consumed alcohol prior to their deaths.

The defendant told a friend that he would keep alcohol and drugs on hi [cocaine] for "his girls." A review of some of the evidence is consistent with what I talked about. There are photos on the overhead of the crime scenes. Alleyways, body dumps. The fact that the defendant concealed and hid the bodies. Under mattresses, behind bushes, in a dumpster inside a trash bag. [I'll now present?] the evidence demonstrating what I just talked about, the defendant left them undressed, and why.

DDA Silverman shifts to explaining the law regarding felony murder, and how it's defined in California. DDA Silverman gives a detailed presentation that I've seen given in similar cases.

First, DDA Silverman explains the law regarding second degree murder.
1. The defendant killed a human being.
2. The killing was unlawful
3. With malice aforethought.

Explains the definition of human being is used in the dictionary instead of the term "person." The defense objects to human being. Overruled.

"These were human beings, not just dead bodies. They were human beings that suffered like we all do. They had frailties like we all do. And they had hopes and dreams like we all do. And they were dumped like trash."

She explains the definition and elements of "malice aforethought" to the jury.

1. Killing results from an intentional act.
2. Natural consequences are dangerous to human life.
3. Deliberately performed with knowledge of danger to and with conscious disregard for human life.

DDA Silverman gives the example of someone who goes to a park. Someone who thinks it would be fun to shoot a gun in the air and the bullet goes down and killed someone. [ They had no intention of murdering someone.] "That is malice implied."

Strangulation and or shooting victims in this case definitely fits the case of implied malice. Expressed malice, means intent to kill. It's just that simple. It can be inferred from the defendant's actions, and a clear intent to kill. We have eleven victims who were vulnerable, defenseless and were easy prey. Their hearts pierced by bullets. DDA Silverman mentions what happened to several victims.

Some of the women, like Alexander and Sparks died as a reslut of a combination of these facts [gunshot wound and strangulation]. And these are classic, classic examples of expressed malice.

"He did it over and over and over and over again. When someone does something over and over again, it's apparent that he intended to get the same result. What does forethought mean, it means he intended to do it before. It means the mental state was before  instead of after the fact."

"Why are these crimes more than second degree murders? What makes them first degree? They were done willfully with intention, with premeditation. These were willful, deliberate and premeditated." DDA Silverman now breaks that down for the jury.

"Deliberate is a choice or a decision to kill. It's a weighing of pros and cons. We know the defendant targeted these victims. We know because the same type of women were targeted. He made a series of conscious choices on victim after victim over a period of 22 years. He decided to pull out his gun that was preloaded. He chose to point the gun at their chest and he chose to pull the trigger. ... Or he consciously chose to strangle his victims. He strangled them to death."

DDA Silverman brings up specific victims that were strangled. She points out the testimony from the coroner, who told the jury that to strangle takes two to six minutes. "I want you to go back to the jury room and time that, [two minutes]. Think how long that would take."

Amster is closely monitoring his computer screen of the court reporter's transcript. Atherton intently watches the jury and DDA Silverman.

"All of this was extremely deliberate behavior, seeing as how he did it over and over and over agian."

"Premeditated. What that means is, that he considered it beforehand. He hunted them down. The surveillance unit corroborated what Ray Davis told you. When a surveillance was set up by the LAPD, every night in the middle of the night, he seaks out so he could go hunt for women. They followed him to Western, and the area is an area well known for prostitution. We know that he went in search of the perfect victim because he did it over and over again."

"The law states that no specific set tie is required for premeditation, but the extend of reflection. Look to motive and manner of killing. If the women were not submissive enough, they were shot and killed. These crimes were about power and control. The women who grew up in South Central, they were tough. They are tough. They have to be to survive. Why else does the defendant bring a loaded gun, to look for women?"

Eight times between 1985 and 1988. Eight times in three years. As Detective Kilcoyne said to the defendant, he said science is the only thing that stopped the serial killer.

"What are the factors that we can look to? What are the factors that we can loo to, to prove wilful, deliberate, premeditation murder? You can look to motive, method, planning. What is the motive behind these crimes? The answer should be obvious. The defendant is a sexual predator. His sperm was found in Barbara Ware's mouth. The DNA [from his] saliva was left on the victims breasts. We also saw photos of women, with their breasts exposed, and several victims found naked with their bras and underwear removed."

And Enitera Washington.  He tried to get her in the car and. He took photos of her breasts exposed. he was successful. He got on top of her. He ripped her blouse. She was fading into unconsciousness. He took photos of her breasts exposed.  And his friend said, he was always talking about women's [breasts?]. He had pet names for them. He kept clothes for them. Lingerie. Detectives found lingerie in the garage, packed in bags. From the evidence, the defendant got pleasure from killing these women. Also obvious from from viewing the crime scenes, that he desparetely wanted to degrad these victims bu dumping them as trash. That's why he did it over and over again. It gave him gratification.

The method.
The victims, most of them were shot. Most to the left, shot through the center of the chest. Some were strangled to death, which proves premeditation and delibration, which takes a partiular amount of time to maintain pressure. He made a series of deliberate choices. He could have stopped yet he continued over 22 years. They amounted to countless choices, countless decisions that the defendant made over 22 years. We also have evidence of planning activity.

He sought out his victims. He worked for the city as a trash truck driver in the 1980's. We know in April 1981, he was working as a garage attendant in Los Angeles. He was conveniently driving a trash truck, and Ray Davis knew that too. He admits to that in his interview with Detective Kilcoyne.He sitll had his city identification card that was found in that courtyard area. The defendant had access to landfills. There wre victims wh were in garbage bags. Peters in a garbage bag and two victims in dumpsters. Even under those few days of surveillance, detectives found him creeping out at night.

DDA Silverman goes over the summary of second and first degree murder.

"In this case, all the murders are first degree, every single one of them. If one is first then they all are." She tells the jury she will not summarize the key pieces of evidene in this case.

"We tried to show you the crime scenes fro different perspective. Now [I'm] trying to help you organize the evidence to help your deliberations go smoothly. ... If one murder is willful then they all are."

1. Debra Jackson. Found in an alley about 1.5 miles from the defendant's home.

Silverman details each victim as to how they were found and the steps taken from the time of her discovery. The coroner found it unique to find the trajectories all the same. It was unique to find that in his career, so many victims. A comparison microscope was used to analyze the bullets -which we heard all last week- is the standard used for over the last 100 years. And as Dr. Hamby testified last week, no two gun have been shown to leave the exact same marks on bullets.

2. Henrietta Wright. Bullet to her heart. Stippling around the gunshot wound, shot at very close range. The bullet trajectory was from left to right, front to back and at a downward angle. A gag in her mouth was placed before her death because there's no reason to put a gag in her mouth after death. Firearm comparison matched to the same unrecovered firearm, used to kill Jackson.

As the photos of the victims are put on the overhead screen, I try to stop the emotion welling up inside me.

10:42 AM
The morning break is called. DDA Silverman greets a couple in the gallery. I see that Beth's parents are in the gallery.

There are several other DDA's in the gallery that I recognize. Judge Kennedy's bailiff takes the opportunity to quickly down a banana and coffee [it could be water in a Styrofoam cup] at the clerk's counter.

11:01 AM
Morning break is over.

The Judge tells the parties that the court reporter pointed out that the court missed a word in one of the jury instructions and the court will reread the instruction at the end of closings. The breakdown of the jury is seven women, five men.

Now DDA Silverman is going over victim Barbara Ware.

"The detective actually passed her when he first went into the alley, since her body was hidden." Clearly a body dum. No cartridge cases and body was concealed. The coroner testified a single gunshot wound to the chest that perforated her heart. The same trajectory.  "I asked him if that trajectory was consistent with a particular set of facts, the hypothetical was, based on what was laid out for us by Enietra Washington. ... If you were seated in the front passenger seat of a vehicle, and the driver turned and shot you, would that be consistent with that trajectory, and he said yes." Sooting and stippling was found on her clothing. This defendant was shooting to kill. He wasn't playing games. Drugs were found in her system. Sexual assault kit collected and profiles were developed.

DNA taken from the right nipple swab and oral swab from Barbara Ware. 92,000,000,000 times more likely a match to the defendant.

"Like I said, it would be expected we would find other evidence of other profiles, but only the defendant's profile was found from victim to victim to victim. Nobody else. No matter what lab tested the evidence, the LAPD, to LA County Sheriff, to the FBI, Cellmark, Bodhi, or the defense own lab, Sorenson Forensics, they verified our evidence."

The right nipple, mixture of two profiles [hers and the defendant]. It's her nipple, so it's reasonable she's included. The DNA analyst did two different types of statistical sampling: Likely-hood Ratio and Combined Probability [Index, CPI]. The likely-hood ratio assumes it's just two, including the vicitm, then it's 92 billion times more likely that the other profile is the defendant rather than a random individual. CPI makes no assumptions. Despite the fact that it's a two person mixture. Making no assumptions, one in 2.5 million, that's the more conservative calculation. It includes evry possible combination of alleles at each loci, at each location. In this case, we're talking about Barbara Ware's right nipple. We know about the defendant's predilection for breasts. We know about his comments to his friend Ray Davis, because he gave names, to women's breasts. We know because of the sex tape we saw. Sperm was found in the victim's mouth. The oral swab was a combination of the victim and the defendant. DNA [match] was 1 in 11 quintillion, ten times the population of the planet. DDA Silverman goes over the various labs that tested these items and that Sorenson Forensics confirmed the resultsthe prosecution labs came to.

Now the bullet evidence in the Barbara Ware case. Coroner bullet evidence. A firearms examiner used these bullets to make [match?] the Lachrica Jefferson case. And [the bullet?] from Enitera Washington's chest and they were all a match. "Three different [firearms] examiners came to the same conclusion. DDA Silverman, mentions Dr. Hamby, one of the leading firearms experts in the world.

Victim Bernita Sparks.

Where she was found was approximately three miles from the defendant's residence. Detective Don Hyrcyk said she was found about four miles from another crime scene he also visited. She was found inside a dumpster. And you know he [defendant] worked as a trash truck driver at the time. There was jewelry on her [so we know it wasn't a robbery]. her pants were unzipped and unbuttoned. She was possibly redressed. One shoe on, one shoe off. Her breasts exposed. Trash was on top of her so that possibly she would be taken off to a land fill, so that no one would discover her body. No cartridge cases at the crime scene. And all were taken off to the coroner's office as Jane Doe's.  Gunshot wound to the center of the chest. Same trajectory. She was shot through the heart. Also evidence of manual strangulation. She had injuries to the strap muscles of the neck along with petechia hemorrhaging in the eyes. [The coroner] said it was a very strong case of strangulation.

She not only suffered gunshot wound, manual strangulation, but she was also beaten. There was blunt force trauma with this victim. Based on the color and way that they looked, all occurred while the victim was alove. Also contusions and abrasions to her torso. Also had drugs in her system. We also heard from Dr. Lynne Herold, who started as a coroner's criminalist. She developed the sexual assault kit training program that is used there today. She noted there was a tool mark to the right neck. Dr. Herold explained that with trace [evidence], you need something to compare it to. She noted that they generally don't analyze trace evidence when you have DNA because DNA is ore accurate.

DDA Silverman goes over the DNA evidence. 1 in 80,000,000,000,000,000. 1 in 80 quadtrillion. In the recalculation by the FBI database, all alleles accounted for, no unknown individuals.  Sorenson Forensics confirmed these results. 1 in 4.3 quintillion in the African American population. That's even rarer, than what was provided by the LAPD. Bullet evidence. Matched to the same unrecovered firearm [that has] 6 twists left.

Victim Mary Lowe.

Where she was found was about two miles from the defendant's home. The coroner and criminalist went out to the scene. The body was hidden by a large shrub. She was wearing no underwear, indicating most likely redressed. She was murdered at one location and dumped at another location. No fired automatic cartridge cases were found at this crime scene. She was shot at close range. A single gunshot wound. Injuries to her back were consistent with being dragged. Cocaine metabolite was found in her tox screen.

Sexual assault kit evidence was tested at the Dept. of Justice lab, that found that there were two profiles in this mixture. It matched the defendant 1 in 82 quadtrillion. 1 in 81 quadtrillion in the African American population.

Firearms evidence bullet matched others. When they went out to the scene, they first thought this was an overdose so no sexual assault kit at first. She was hidden under a mattress. A napkin was over her face with the word AIDS over it. There was jewelry, indicating not a robbery.

She was not wearing any underwear. No 25 caliber cartridge cases were found at the scene, also indicating she wasn't shot where she was found. Two gunshot wounds to her chest. She also suffered fro blunt force trauma. Recent abrasions and contusions. The tox screen found metabolite for alcohol and other [drugs? cocaine?].

Sexual assault kit. DDA Silverman talks about the nipple swab and that it's a common area for oral contact. 1 in 27,200,000,000,000,000,000 27.2 quintillion probability match. A population that size, before you woul expect to see that particular unique profile belonging to the defendant.  Sorenson's lab confirms the state's evidence. You also heard some testimony why you might get different statisitical evidence, and why you might not swab a particular evidence over again. And the zip tie. When it comes to Janecia Peters, you're getting less and less cells.

The firearms evidence analyzed matched the bullets from Lachrica Jefferson, Barbara Ware and Enietra Washington. All matched to all three others; different lab than LAPD.

Alicia Alexander.

Photos of the victim. All these victim photos are heartbreaking, just heartbreaking.

The victim was concealed under a blue foam mattress up against a garage wall. She ha a ligature knot around her neck. It was a body dump. There was no identification, no shoes, and in a state of decomposition. She was 18 at the time of the murder. Gunshot wound to her chest and strangluation around her neck. There was a muzzle print so the gun was in contact with her skin. Gunshot wound perforated her lungs, aorta and liver. It ha the same trajectory [as the others] in this case.

Evidence of strangluation, ligature knotted tightly around her neck. The ligature mark was around her entire neck. Positive for cocaine metabolites an alcohol. Based on the decomposition, only a modified assault kit, even though the body was in a state of decomp. Firearms evidence. They did a comparison. [The bullets were fired from the same, unknown 25 automatic firearm, six left, that was used to kill the other gunshot victims. All had the same unique microscopic patterns.

Princess Berthomieux, the youngest victim.

DDA Silverman lists the people who testified in her case. She was found in a rear alley, about 1.5 miles from the defendant's home. She was hidden in shrubbery. Obvious body dump. She was naked at the scene. Her body had been transported and dumped at this location. A ligature mark was noted to the back of her neck at the base of her hairline. Petechia. Cause of death was asphyxia. Hemorrhaging in the strap muscles of her neck. Classic case of strangulation according to the coroner.  Micro-trauma in the vagina was noted, [indicating] possible evidence of sexual assault. No drugs were found in the tox screen. In the sexual assault kit evidence, oral and rectal swabs were bloody. Tested at the Sheriff's crime lab, the nipple swab screen was positive for amylase.

1 in 81 quadtrillion, random match probability. Sorenson lab confirmed these results. Left nipple swab is a mix of only two DNA. All alleles were accounted for. Six different experts reviewed her work.

Valerie McCorvey.

She was found in [near?] a locked alley way. She was found 3 to 3.5 miles from the defendant's home. This was a body dump. Same, similar, no Id no shoes. Detective [Allen?] said it was as if she was dumped out of a moving vehicle. There was road rash on her body and the strange position of the sweater. The leotard was [pulled up?] exposing her breasts. Her pants pulled down exposing her buttocks, and a very obvious ligature mark on her neck. Strangulation. Very well defined ligature mark encircling her neck. Petechia hemorrhaging in her eyes and mouth. Bruising in the strap muscles of the neck. She also sustained multiple abrasion and contusions extemporaneously with her death and that would have been consistent with a struggle. Cocaine, cocaine metabolite and alcohol [was found in her her body.]

Sexual assault kit. No panties or bra. Possible bite marks on her breasts. DNA analysis by the Dept. of Justice. Mix of two [profiles]. The victim was the major profile, defendant minor profile. Most conservative statistic: 1 in 120,000,000,000,000, 1 in 120 trillion. All alleles accounted for in this vicitm. The analyst also testified there is a strong evidence that the defendant is the source of the DNA on the left nipple. Sorenson lab corroborated these results.

Last murder victim Janecia Peters.

DDA Silverman points out the distance between the crime scene of victim Bernita Sparks and Janecia Peters. They were in the same alley. It was approximately 400 feet or one block apart. 20 years, and one block apart. "Is that merely another coincidence?" She was found in an alley in South Los Angeles, about three miles for the defendant's residence. "She was inside a black plastic trash bag. This was obviously a body dump. She was in a trash bag inside a dumpster. There were zip ties [sealing the trash bag]. They transported the dumpster to the coroner's on a flatbed. They went through the dumpster at the coroners. The saw the bag was sealed with a plastic zip tie. They removed her body from the trash bag. She was in a fetal position and naked.

Sexual assault kit was collected. Again, blood in the oral cavity. The zip tie and plastic bag were collected and booked. Cause of death, gunshot wound to the back along with asphyxia. Her legs were paralyzed. The gunshot wound was back to front, left to right. Still consistent with her leaning over to get out of the passenger side of the vehicle. Because the bullet paralyzed her diaphragm, this particular victi spent several minutes gasping for breath, at least two or three minutes. An agonizing way to die. So the defendant strangled her.

After she was dead, the defendant folded her into a fetal position and sealed [the bag] it with a zip tie. The tox screen was positive for cocaine and marijuana metabolite.

The crime lab tested the zip tie. 1 in 80,680,000,000,000,000. The DNA was a mixture of two individuals, the victim and the defendant. The major contributor, the defendant. 1 in 80.68 quadtrillion. 11 million times the population of the earth. Sorenson lab corroborated the prosecution's results. DNA on the zip tie matched the defendant. Like we learned, this was touch DNA and every time you take a sample, your amount would go down.

DDA Silverman presents more DNA evidence in this particular case.

The noon lunch break is called.

Note from Sprocket
It's 1 am. I need to take a break and get to bed. I wrote until 2 am last night, trying to get my notes caught up covering the last two weeks of the trial. I typed all day in court and most of the evening when I got home. I will get the rest of today's notes transcribed as soon as possible.

Continued in Day One Part II.....