Mark Jensen Murder Trial Day 29 - Jury Instructions, Closing Arguments

Day 29 – 2/18/08

You will notice several different styles of writing as myself, ritanita, and Intrepid have done the transcriptions today. I have also included color and funny commentary from some of our dearest friends. Enjoy!

Judge Schroeder is giving jury instructions.

Charges are intentional homicide of the 1st degree.

Defendant caused the death.

Acted with intent to kill.

Intent didn't have to exist for a length of time. Could have happened right before the action.

Motive is not required to be proven.

Mark's smirk is gone this morning. He's taking this seriously. Maybe it's starting to hit home. ritanita

Wow! That was quick! And the instructions were very common sense based. Good. Intrepid

Jambois closing~

Now you can understand where Julie was at when Julie told Margaret Wojt that Mark was being good to her. She was in a good place. Mark was being kind to her and helping her.

Julie, a loving mother would have never left medications in the kitchen. That's where Mark had total control of it.

She never told Dr. Borman what she thought about Mark trying to kill her. She knew what Dr. Borman would do. Send her to a psychiatrist. She knew that would make her look crazy.

The note in the day planner was ominous. Julie was concerned about it. She photographed the note because she was concerned about Mark trying to kill her or make her think he was trying to do something to her.

No evidence that Julie was angry and suicidal. You heard a lot of testimony she was frightened.

The defense is that Julie was angry and committed suicide and framed her husband.Is that "Colonel Sanders" behind Mark? Bballgrl

Julie was doped up on Librium, Benadryl and anti-freeze the last 2 days of her life.

Who went to Dr. Borman for Ambien? Sleeplessness is a side effect of depression. But, there was no evidence of Julie not being able to sleep.

Julie was sleeping from Wednesday on. That allowed Mark to give her dose after dose of anti-freeze.

You've all had experience with 2-3 glasses of wine, 2-3 shots of whiskey, 3-4 beers. Were you intoxicated for 14, 18, 24 hours? Julie was, based on the evidence you heard.

Think about Mark lying there next to Julie listening to her gasping for life. Think about what was going through his mind the night of December 2nd.

Do you think Julie staggered out of bed that night to look up symptoms on the internet?

Is there any doubt in your mind, who was using the computer?

There was never any internet use when Mark wasn't home.

There's evidence in this case that Mark talked about killing Julie.

Mark and Kelly were planning a cruise. Who used the internet to order a DVD on Windstar Cruises? Did you think Julie was helping Mark plan a cruise?

Mark emails Kelly that he had till the end of the year to work out his details. We'll discuss the details. "I'm not sure how I'll deal with my issues."

The night before there was an internet search for the "Underground". Just before midnight he finds Drugs, Nicotine, Bombs, Poison.

Jambois going through numerous searches on the net for drugs, botulism, etc. He double deleted all the searches before he consented to turning over his computer to LE. Mark Jensen never thought a jury would see the searches.

I think Jambois is spending too much time showing these. He could just make general statements.

Julie had good reason to be concerned about this man. She didn't know how good. She didn't know about the internet searches.

You heard from Dr. Denton, he would be very concerned.

Mark was looking up the symptoms on December 2nd. He was tracking the symptoms Julie was exhibiting. She wasn't dying fast enough for him.

I think Jambois is laying the whole murder scenario out point by point in a calm, logical fashion. He is covering all points so that when Albee gets up, the point has been explained and defused before it is brought up by the defense. LinZbee

Mark didn't know to lie about the internet searches because he thought he had erased them.

Mark Jensen knew to lie about Kelly LaBonte because that provided motive.

Mark Jensen lied about being at work while he was smothering Julie. But, the 2 women who worked in that small office said that Mark never came to work that day.

Aaron Dillard is a con man. He's not medium or seer or law enforcement. The description Dillard gave could only have come from the person involved in Julie's death.

You heard Dr. Chambliss. He did not offer an opinion on her cause of death until cross-examination. You saw the photos of Julie and that uncomfortable position. She was rolled over into that position. You saw Dr. Chambliss say that with Aaron Dillard's statement and the injury to Julie's ribs, that he believed that Julie was suffocated.

The defense has a lot to work with the inmates who testified here.
Should we just disregard what they say because they are in jail?
Although they are criminals, they are not always going to lie. We can't always disbelieve what they have to say, or we would never care what happens within the prison walls.

Okay! Jambois is comparing his jailhouse snitches to Drs. Spiro and Rumack! They all told lies! ritanita

Who showed more bias in this case? Aaron Dillard, Dr. Spiro, Dr. Rumack?

Dr. Rumack wouldn't agree with anything Dr. Long said. Dr. Long has being doing this for years and years. The bottom line is that at the end the day, Dr. Rumack did agree with the amounts of ethylene glycol in the stomach and the blood.

Ethylene glycol's half life is 3-5 hours. You've had experience or seen people who have been drinking. After several hours they get better. Julie was intoxicated for more than 24 hours.

Julie was exhibiting stages 1, 2 and 3 of ethylene glycol poisoning. She did not have one large dose. She had several smaller doses.

The examination of Kelly LaBonte was not done to embarrass her or make you think less of her. Kelly tried to minimize the beginning of their relationship. She knew Mark had lied to Det. Ratzburg. She lied at the forfeiture hearing. Then, after a break and after talking to her lawyer, she changed the date.

Kelly Jensen was being questioned about the sexual relationship because she lied during the forfeiture hearing to make her time line fit what Mark Jensen had told police.

MJ is just absolutely one of the weirdest people I've EVER heard of! Poor Julie! Xspectorant

She lied to you here. You heard the phone conversation here where Mark said that conversation never happened in 1998. She was taking her cue from Mark. She was biased in her testimony when she said the intimate relationship began in 1999. She finally conceded that the conversation happened in 1998. Why was it important? Because Mark Jensen was using the internet to search in October 1998, Mercury Fulminate, cross wiring a pool to make it blow up, etc.

Kelly Jensen is being painted as the liar she is and Mr. Jambois is sure that the jury is getting every little and big lie she told. It should be interesting to see Albee make her out to be an honest, upstanding citizen the jury should lend great credence to in their deliberations...ritanita

Aaron Dillard admitted to being bought and paid for, Dr. Spiro didn't admit to being bought and paid for.

Jambois is certainly making sure the jurors consider many witnesses as being comparable to or worse than Aaron Dillard. This is a good move! ritanita

Jambois goes into the whole bizarre preoccupation with penis size, girth, length and shape. The evidence wasn't presented to embarrass Mr. Jensen. It was presented to show who was capable of and responsible for leaving the pictures around.

Dr. Spiro was arrogant telling you what was going through Julie's mind. He was biased. He made these statements after speaking only with the Jensens’.

Dr. Spiro said Julie was delusional based on conversations with Mark and his family.

Aaron Dillard admitted to being bought and paid for, Dr. Spiro didn't admit to being bought and paid for.

Mr. Jambois is certainly making sure the jurors consider many witnesses as being comparable to or worse than Aaron Dillard. This is a good move!

Dr. Denton, when he saw the list that Mark wrote, said he was deeply concerned. And, he was paid by the defense for his testimony.

Laura Koster told Julie, "You have no idea what he's capable of". Was Julie delusional?

You want to know what Mark was capable of? You heard Ed Klug's testimony. Ed Klug didn't come forward because Mark Jensen was his boss at the time. Ed Klug was afraid. He did not want to get involved.

He had no motive to create this story out of thin air. He spoke with his wife about it that night.

He spoke with Ron Wruck and Daun Cooper. None of these people had a reason to lie about this.

By now, you've come to realize that Mark Jensen likes to talk. He can't keep his mouth shut. He told Ed Klug there were ways on the internet to kill someone with a poison that isn’t normally found in autopsies. That it crystallized you from the inside out.

He couldn’t keep his mouth shut in jail. He would talk to anybody about his case. Bounce ideas off of them. Mark Jensen likes to talk.

Ed Klug was nervous during his testimony; he was non-responsive at times. But, when the words finally came out it was the truth and was backed up by several other witnesses.

Ed Klug had reason to be ashamed for not coming forward sooner.

During Mr. Albee's closing ask yourselves, "where's the anger in Julie?". Where's the evidence that Julie, a mother who loved her children, would commit suicide to frame her husband for murder and leave her children without a mother and a father?

Ask yourselves how a man who loves his wife, could lie beside her listening to her gasping for breath and dying?

Ask yourselves how Julie, gasping for her last breath, staggered out of bed to use the internet to look up symptoms and then double delete the searches.

Mr. Jambois is done! He used less than the 2 hours he originally estimated. He was clear, concise and pretty much countered anything the defense can offer.


Albee on closing~

Thank you for your attentiveness. Mr. Jambois and I truly appreciate your time.

On August 14 2007 Aaron Dillard was transported the Kenosha County Jail. He was facing many years in jail. He admitted he was a liar, a con man. I never saw any remorse in Mr. Dillard for the people he victimized.

Mr. Dillard met Mark Jensen in jail and saw him as his get out jail, free card. Dillard read Klug's testimony and discussed the case with Mark. Mark Jensen repeatedly professed his innocence.

Dillard then wrote to his attorney who then went to the prosecution. They were interested in talking to Dillard.

Why did the state change their theory to rely on Aaron Dillard in this case?

One, the state's case about ethylene glycol fell apart when witnesses refuted Dr. Long's report as incorrect.

Two, there is evidence of Julie's depression. That would indicate the possibility of suicide.

So that's why the state had to change their theory.
You heard that Mark was crying the night Julie died.
You heard the testimony of Julie's depression.
You heard about Det. Ratzburg and Officer Kosman had spoken with Julie prior to her death.
You heard about Julie not wanting to accept help.

Mark was willing to take a polygraph. Mark says OK. Albee continues to read all about Mark agreeing to take a polygraph.

May, 1999, ethylene glycol is detected in the blood. March 11, 2002, Dr. Long states that this is a homicide because of the large amount of ethylene glycol in Julie’s stomach. It is only after this that Mark is arrested.

August 2007, there are holes in the state’s case. There wasn’t a large amount of ethylene glycol ingested, just 1⁄2 teaspoon.

For two years, nobody on the states team noticed this and Dr. Lavin was fired because of this case.

Dr. Mainland took the job knowing she didn’t want this to happen to her. She found it particularly difficult when she noticed there isn’t much research on ethylene glycol. She wouldn’t testify to the outriders and insisted on the 3-5 half-life, the only numbers that would help her.

Albee is probably thinking, "Damn it Mark!! If you wanted to kill your wife AND GET AWAY WITH IT you should've used the ol' wood chipper!!" Dozer

Dr. Rumack is the only medical toxicologist that testified. He’s the only one who treats people and sees how it affects them. He had no problem with the concept that somebody like Julie Jensen could be up and mobile. He is a national expert who testified to this stuff. He has published many books and developed the antidote to Tylenol. He goes on and on about how wonderful Dr. Rumack is! He doesn’t believe such a man would testify based on his pay. Albee says even he could forget how much he was paid way back then.

Mark Jensen said Julie couldn’t get out of bed. But Mark didn’t know what Julie could do! Julie was pretending to be so sick.

Dr. Rumack had no problem that the ethylene glycol in the stomach could have been there for a while.

Dr. Rumack testified that ethylene glycol tasted bitter and acrid. Dr. Long said it was odorless. Dr. Mainland said is tasted like a tropical drink!

The one ingestion is consistent with stomach contents, blood contents, kidney crystals.

There is a “huge hole” in the state’s case. That’s why they rely on Aaron Dillard.

Albee puts up a definition of “Burden of Proof” and “Proof of Innocence".

You can’t just point the finger at someone. Albee goes on about people who are wrongfully found guilty. There is no DNA here that could set him free.

Interviews occurred 3-9 years after the fact and whether they satisfy the burden of proof since people have a tendency to forget things as time goes by. Even if the testimony is not impeached, you don’t have to believe it because of the amount of time that has gone by.

Everybody has to abide by these instructions. The jury is the judge of the facts. In England, the jury used to wear robes, too. Not quite as elegant as Mr. Jambois put it!

Some minor facts in this case demonstrate the problems with older allegations. How do you defend against statement made 9 years ago when there are no notes, tapes...

People want to remember what happened, but memory gets tainted over time.

There was the teacher who even typed up a report right after the event forgot about something. She had a “flashback” the night before she testified and suddenly remembered that perhaps the note she thought was written by Julie wasn’t written, it was printed. And Julie never printed... she was right then, but wanted to change her testimony.

Det. Ratzburg shows statement written by Thad Wojt in 1999. The year was wrong! It was 1998!

Wojt also was wrong about Julie pounding nails on the deck. He said it was summertime and everything was nice and green. Douglas was born March! The final inspection didn't occur until October.

There are other claims for which he doesn't have the good fortune to documentation.

Wojt said Julie could see Mark using the computer and see the screen with poisons with the door partially shut. Couldn't be done based on the police photos.

Others said Julie wasn't losing weight. We have a record from Dr. Borman. She's dropped significant weight for someone his size. Mark Jensen was right! He said she was losing weight.

Good, well-intentioned people are wrong about what is going wrong.

The neighbors saw the "good, old Julie Jensen"... Wojt didn't.

Mark says he went to work the day Julie died. Who's going to say they went to work if he didn't. Mark wouldn't lie because the police would probably check it out!

Again, the witnesses can't remember way back when.

The burden of proof can't be met because nobody follows up on information at the time.

The burden of proof guards against jumping to conclusions.

Jambois asked someone if there was a search for oils... in regards to botulism. The witness Rhonda Mitchell? Then, Perry Tarica gives the stock names for petroleum stocks.

Therese DeFazio says Julie doesn't know about the tics which went away after Julie died.

Testimony, her eye was kind of bulged out. Dr. Mainland couldn't see it in the picture.

Mercury fulminate... we don't have mercury; we don't have acid, or anything to build a bomb! These aren't on the list!

Laura Koster says it was a piece of plastic!

The burden of proof... the witnesses must be weighed beyond a reason of a doubt.

Harassment.... Officer Kosman couldn't prove Mark did it! It's suspicion and nothing else.

The secretaries didn't remember (according to Albee).

It's clear Julie Jensen thought the photos were of her. Julie Jensen was smart. Would you believe she wasn't smart enough to know they were her? What would make her so naive and sophisticated that she'd think pictures of her weren't of her.

Perry Tarica lied....

Julie studied nursing... Albee mentions the classes Julie took. She had medical background, she was computer literate, she made that invitation, she used Quicken.

Julie had an affair, she filed divorce papers.... how could she not understand she would have 50/50 custody?

I don't know why Julie was doing what she was doing on the computers... you can't say who was using the computer... it's clear Julie used the computer, she had a financial background. Why would she minimize her computer literacy to Therese DeFazio.... ah, it was all part of the plot!

When someone says, "I don't even know how to turn on a computer" (Julie's statement to DeFazio) they are using HYPERBOLE to express how little they know about computers---NOT that they literally don't know how to turn one on.

Albee mentions the early computer searches, newsgroups, nicotine... he'll come back to the nicotine..

October 16, 1998... no connection with mercury fulminate...

Windstar cruises were a separate search, I'm not saying Mark didn't use the computer...

Mark had no need to do a search for Kelly, for people at the Appleton office. The searches are those of an understandably suspicious wife! I can't understand any machination that went through her mind. This is when the steamy e-mails were called up. Julie Jensen was spying on her husband; she's the one who's pulling up the e-mails, searching for Kelly. She complained to people about the affair.

Wojt reported Julie as being furious and angry and upset about Mark's affair.

So did Jill Griffin say Julie was angry about the affair.

That's the anger that Jambois mentioned.

Now he's saying Julie did the cooking and would look up flavored oils, hence the search on botulism.

Who did the deletions on Dec. 1 & 2... some weren't deleted because she wanted to leave a trail leading right to her husband.

Mark had 2 computers at work. Months after Julie's death, they weren't confiscated... then the one computer "broke down." That was the work computer. The activity could be accessed in St. Louis. If he were doing it at home, he would have been doing it at work too! We have no proof of that. We don't have the proof about the work computer because it's not there.

Albee is now trying to rehabilitate Kelly. How can she remember the dates when the police had confiscated all the materials?

Penis notes... happened later, no connection to Jacques Joseph.

Ahhh good name for a book...Penis Notes!

"The Penis Diaries." Dozer

Aw crap! That just reminded me! I wanted to count how many times the word "Penis" was used by each lawyer in their CA's. The one who said it the most was gonna win a prize...... Intrepid

As far as I can tell, as of this point, Mr. Albee has attempted to:

Discredit all the neighbors; the teacher by saying nobody's memory is good.

Make Kelly more credible because her memory isn't good.

Say his expert, Dr. Rumack is a true humanitarian who makes so much money that he can't remember $10,000.

There wasn't a lot of EG in Julie.... just enough to kill her as per his own experts and the pro's witnesses.

Julie was a scheming and intelligent woman who knew just when to delete histories and when not to. She conned Mark into thinking she was dying by pretending to be unable to get out of bed when she was really running around using the bathroom, doing computer searches, and calling the neighbors drunk. ritanita

Albee is now going down to "reasonable hypothesis notion"....

He'll discuss it later. But Julie Jensen's suicide is a reasonable hypothesis to Mark Jensen's innocence.

Aaron Dillard, Ed Klug, and other jail inmates, one should stop, not pause or hesitate... would you buy a used car from Aaron Dillard? Buying a house, choosing a mate...his word & Mr. Klug's would cause you to hesitate.

Mr. Klug: He can't put his finger on it, but there's something about Mr. Klug, he's not a believable man. He "hit" the witness stand? Would we take his advice about buying a house? He seeks attention, people who know him (Ron Wruck), didn't have a positive attitude about his truthfulness... attention seeking, liked stroking. He liked the attention in this case. He never came forward for 9 years, Albee's glad he doesn't have the burden, doesn't buy a word he says, ....... Nobody backed him up on antifreeze. Not even his wife, but I'll get back to her later. Stipulation between the parties, at no time ... did Mr. Klug mention EG or anti-freeze. He keeps embellishing his story.

Mrs. Klug wanted to be supportive of her husband. Wruck said they were always fighting. She's jealous, wondering if they're women involved...... on and on.... She throws in that Ed said antifreeze. Ed is trying to be the center of attention because he knew the notorious Mark Jensen.

Klug didn't remember because he never heard it...

Ed Klug said Daun was there but she wasn't.

Dave Nehring says Ed was talking about other people there when he was talking to Mark...

Ed's afraid to lose face, so he makes it up?

Thugs have reasons to lie and take advantage of Mark Jensen.

Going back to Mr. Dillard. Why on earth would the State change it's whole theory on this matter based on what this man said?

Dr. Long - there was a possibility of suicide

During interview w/pros. said he had never physically harmed anyone.

Mentions a witness crying at his picture. Oh, the emotional harm he did.

Probation officer made the recommendation (OBJECTION) and the jury is sent out.

Jambois: This was ruled inadmissible. (Agent's opinion of Dillard). Ms. Rush's testimony was also ruled inadmissible for the same reason.

Albee: I read the material during the trial.

Judge rules Mr. Albee can't use it to denounce Dillard.

Albee argues it. "If it got in, oh well!"

The judge says he can only use it to go to Dillard's motivation to fabricate.

What Aaron Dillard knew when he came in to testify:

He is a very, very bad man! His goal in life is to be a successful criminal and needs to go to jail for a long, long time! This, according to his probation officer.

Albee snarkily asks how Aaron Dillard could have known about the photo of the face? As per Dr. Mainland

Albee points out all the documents that were in Mark's jail cell. How did he get to look at all of that? It was available to him...

Albee reads from the note... and how would Dillard know how the POLICE wanted him to come up with that?

P. 64 tells how Dillard could know about the nose and mouth. Mark tells Ratzburg about rolling her.... and Albee goes on to read words and phrases from the transcript...

Any of the information contained in the reportage of Mr. Albee's CA has been prepared with the best intentions. His CA is rambling, rapid, and very hard to follow. ritanita

Albee reiterates all the little things that Mark probably told the cunning Mr. Dillard that the cunning Mr. Dillard could put together to give the police the perfect case and Dr. Mainland could rely on for her expert testimony.

Now Albee is bringing up Dr. Denton's testimony about how Julie's arm couldn't be in the position it was and cause bruises. "Bruises" are pooling of blood...

Livermortis caused nose to stay the way it did?

Now we're back to Dr. Chambliss stuff. He changed his mind on re-direct.
Now, he's reminding the jury about Dr. Chambliss' knowledge errors... how to do the math, small, does not mean minor, this didn't fluster him. Dr. Chambliss was flustered when his phone went off.

The nose is lost. And so is the rib bruising. Now the arm. Nothing in rebuttal from Dr. Mainland. Dr. Denton was so persuasive, they didn't bother. Dillard had a way to have this knowledge.

Aaron Dillard must have read the transcripts in his cell and taken detailed notes. He had other people potentially helping him.

Why did the State change its theory of the case?

1. Julie Jensen was a suicide risk.
2. State didn't call any witnesses to testify about her mental state except neighbors.
3. Dr. Spiro: Is a professional. We have a doctor and relies not on just Mark Jensen, but those who Mark recommended. Also Mr. DiFazio and Dr. Borman.
4. Neighbor Wojt says she was angry.
5. She complaining about the deteriorating marriage, she's NOT happy about Mark was taking care of her as she told a neighbor.
6. Mentions Mark's affair. Julie and Perry's affair wasn't pristine either... having sex with the baby in the next room... everything is exposed in the e-mails, things said about Julie weren't hateful..."I've got my ticket punched" his wife wants nothing to do with him. Why not a divorce?
7. Motive: She expressed her anger to Wojt. She's sick, severe depression, marriage falling apart, (he goes off about Dr. Spiro here).

Motive for Julie Jensen.... revenge.... level of hate at people you perceive... hate.... he's got a lot of ellipses here... We see stories in the news of women with children killing themselves... 80% of EG deaths are suicide. Motive of revenge and your kids, it's not rational, it's the illness. The stigma... (rants a bit here) Jury voir dire... about the STIGMA Julie Jensen's a nurse! Why wouldn't she get the kids? The only way Mark can convince her is if something bad is going on with her. Bleak and hopeless, can't think rationally, a woman in that position won't get the kids. Mark's a good father, she's a good mother... she wanted to stay home with the kids.


HE JUST LIED LIKE A DOG! PAT GRIFFIN SPECIFICALLY SAID HIS WRIST CUTTING WAS NOT A SERIOUS SUICIDE ATTEMPT! "It was just a foolish act of a stupid kid", was what he said.

I'm thinking Bob Jambois will get up and kick his butt halfway to Canada! Intrepid

Delusions... like feces incident, setting up her husband... She wouldn't eat food at home... Mark doesn't cook! What are the kids eating? This is the irrational, the delusional. Those last couple days, she's doing things Mark doesn't know about: eating, getting up, using the computer...

The question that can't be answered is why she drank anything?

She gives Laura Koster the "goodbye speech."

Walgreen's receipt, 11/11. Mrs. Wojt spoke to her while Mark was out to see Dr. Borman. Why didn't she call for help? If she calls for help, the jig is up.

Inconsistencies of Julie's statement:

Looking in door 3/4 closed...

Why doesn't she have Laura look at the computer.

There is no satisfactory reason for her not to seek help.

Dr. Mainland: SSRI's can energize people... can take step to commit suicide.

Albee reads a chart of contradictory statements Julie made to various people.

Now, reads a chart that shows what help Julie didn't take.

Don't open the letter, don't tell Mark things.
Declines place to stay and money.
Calls Mrs. Wojt and tells her not to worry
Officer Kosman: she leaves him a voice mail, declines help and shelter, insists Mark not be confronted
Laura: doesn't ask her for help
Borman: denies domestic violence, asked for help w/depression so he wouldn't intervene
Tells Ms. DiFazio - tells her not to tell anyone

She's an independent person with money and a car
Can take children while Mark is at work
Doesn't ask family for help
She didn't call for help when she was being poisoned

Albee shows blow-up of Julie's letter:

He's an avid internet user. Points finger at Mark
Relationship is deteriorating, quite superficial
She doesn't smoke or drink (setting up Mark on nicotine, who knows how she plans to use it)
She wouldn't kill herself because of the kids
She hopes she's wrong

These all seem to prove something.

He knows he's forgotten things... could say a lot more...

He's winding up here!

Mr. Jensen and I thank you. I hope you come back with a verdict of not guilty.

Break

Judge is reading a statute that has to do with number of jurors in selection. And he said he's going to write a letter to his assemblyman after this trial! Woot! Go Judge Schroeder - do that whole democracy thing!

Judge is asking for a stipulation about keeping some of the "extra" jurors in case of illness or car accident of any of the jurors after they begin deliberations.

The statute says that before the jurors start deliberating, 7 must be chosen as "extras" and dismissed, but that means they can't use an alternate in case there is sickness/injury/emergency among any of the 12 deliberating jurors.

Jambois willing to stipulate to keeping 2 or 3 aside - essentially as "alternates" - in case of emergency. Albee is not too keen on that, of course.

Judge says what ever is decided it must be decided NOW, before the selection process is finalized.

Also, he said that should there be a problem with this jury finding a verdict, he is not so inclined to reduce the bond of Mark Jensen. So if they have a hung jury or there is some reason this jury cannot reach a verdict due losing a juror, Mark still stays in jail!

Albee doesn't want to agree to having 2 or 3 extras/alternates, but he also doesn't want Mark to have to stay in jail. Says the judge is being a bit "short sighted" in this.....

Jury Back - Jambois on rebuttal closing argument.

The defense said Aaron Dillard is a liar - but I told you he was a liar, and he has a record as long as my arm!

Jambois wasn't interested in Aaron Dillard, until his lawyer read to him what Aaron Dillard had to say. Things Mark said to him, things that weren't known to him before.

Albee objects! Judge doesn't remember what Jambois said, so Jambois tells the jury that they took notes, and will be able to see for themselves what was said.

There is not a shred of evidence in this case that Aaron Dillard was presented with any of the evidence in this case. Not a scintilla! Defense says that he had access to the transcript of Mark Jensen's interview with Det. Ratzburg, but they've not been able to prove Aaron Dillard read it!

It's nowhere in the transcript that Mark talked about this at that conference to another person. Nobody saw about Mark rolling Julie over, because she was flat on her face. Nobody.

Aaron Dillard is a liar, a conman, and a thief. What's not on the list of things Aaron Dillard is?

* Medium
* Seer
* Medical Pathologist
* Genius
* Brilliant

How many times do the police respond to the residence of a murdered person where the spouse of the murdered person isn't upset? Mark knew he needed to act upset or they would suspect him. And most spouses stay upset for quite a long time.

But not Mark Jensen, the next day, was talking to his friend Dave Nehring about the advisability of having his girlfriend come to stay with him before the wake.....

Polygraph examinations are not admissible in court. They aren't very reliable. Defense counsel said that Mark Jensen offered to take one, but he didn't follow through with it. And why would he not follow through with it? OBJECTION! Overruled.

"Rumack wouldn't lie - just because he's getting paid doesn't mean he would lie" - you heard that testimony about what he was getting paid. He wasn't responsive to questions about what he was getting paid.

He would not agree with Dr Long on even the simplest of issues. He included on his PowerPoint presentation a case about a man who died due to EG poisoning - but what he left out was the fact that this man was murdered, and he was murdered by the care taker, and there were computer searches about EG!

Barry Rumack did not like Chris Long. Period.

"DNA" - only time defense attorneys talk about it when somebody gets sprung from prison. They're not ever talking about how DNA is reliable, only trying to raise reasonable doubt.

Albee objects twice!

"People who may not remember, or who may lie after 9 years" - may be true, but if Mark Jensen is an innocent man, he's the most unlucky man in the world! All these people who are against him! Who lie about him! Even his best friend!

"Thad Wojt" - if he's saying something that is for their case, it's good. But when what he says supports the state's case, he's a liar or he doesn't remember...... Thad Wojt is a man who tells the truth, both him and Margaret. He is a good witness. Reliable.

"Therese DeFazio, a well meaning person" - there are all kinds of things that she says that blows defense theory out of the water.

1. About being a class volunteer - Julie indicated in late August she couldn't really use a computer very well. David even told her that his mom couldn't use a computer - he was even teaching her.

Julie Jensen didn't use that computer.

2. "She changed her testimony" - about the note she received from Julie; she would think Julie wrote the note because Julie did everything about David's schooling! Of course she thought Julie wrote the note. But it suddenly came to her that the note was printed. It wasn't in cursive.

Paper in Mark's office, in garbage can - "Note to school - call school". Laura Koster even said it was Mark Jensen's own handwriting.

I never made a bit deal of it - it wasn't a part of the state's case. I don't care who wrote the note. But defense made a big deal out of it, of Therese DeFazio changing her testimony. They made a bit deal of it, but look at where the evidence takes you.

"Julie didn't build the deck while she was pregnant" - Douglas was born in March, and Julie could have worked on that deck.

About people remembering things after 9 years - people can remember things for 9 years. Your neighbor dies - you're gonna remember that. You work in an office, and a co-worker's wife dies - you're gonna remember that day. Especially if he calls in and asks you what to do! You tell him to take her to the hospital! His own son told him to take her to the hospital!

Mr. Albee doesn't want you to believe Thad Wojt when he tells you things he sees with his own eyes, only things about Julie being depressed.

"Mark Jensen was at work that day" - Really? Where's the evidence of that? Three people testified to that he was not at work that day. Dave Nehring, and the other two ladies whose names I don't remember. Dave Nehring remembers Mark coming to work the next day and discussing with him the advisibility of having his girlfriend coming to stay at his house, to help him out, and to help get him through the wake.

This is an unusual case - not many cases about someone poisoning another person.

"Only an empty plastic syringe - anybody in that house need insulin injections? Why was there a syringe in that house?

"Julie thought the pictures were her" - who had a motive to make Julie think they were of her? Others saw the pictures and said there was no way to see if they were of Julie.

Imagine the repertoire of photos a person would have to look through to find photos where a woman - we can't see her face - was about to perform fellatio? Who do you know has enough of a collection of these kinds of photos that would fit that description?

There is one person who has enough of these kinds of photos.......

Objection! He talked about the work computer, and that was in 2000......

Ok, I'll get right into that. How come we couldn't get anything off of it? Dave Nehring tells him on Friday "Aren't you glad they didn't take your work computer?” and when they go to get it on Monday, low and behold, the work computer is fried. What a coincidence!

"Julie used the computer, according to Laura Koster" - ha ha ha ha, I'll leave it to you whether or not you believe any of the words of Laura Koster.

Of any words that were uttered/heard from Laura Koster that might be considered truthful were the ones spoken to Julie - "I lived with him for 18 years, you have no idea of what he's capable of".

Julie was a strong person. She filed for divorce and Mark told her she would never see David again. He used the children over and over again to control her.

Counsel said Julie used Quicken. She entered checks. Ms. Di Fazio said Julie told her, if you open a program, I can use it.

Counsel made reference about the search alt.suicide and nicotine. If you're going to kill your wife and make it look like suicide why wouldn't Mark look that up.

Mark Jensen told Dr. Borman, it was his wife who called for Nicotrol, 11 days after Julie died. Why would Mark do that?

You decide.

Counsel brought up Oct. 16th. I'm surprised he brought that up. Someone looked Kelly. Julie already knew about Kelly Labonte.

If Julie suspected there was an affair. I guarantee you she already knew who Kelly was.

"October 16, 1998" - Counsel brings this up and it's poor salesmanship, in my view. "Why would Mark Jensen just look up the name Kelly?" What happened in the weeks before then? On Sept 19, 1998? Kelly LaBonte married Marc Grieman. Made Mark jealous. But is she going by "LaBonte" or by "Grieman"? If she's still going by "LaBonte", maybe he'll still have a shot. He sent her an e-mail "I see you're still going by LaBonte." He was obsessing about Kelly LaBonte, that's why he typed in her first name.

"We have no evidence that Mark Jensen's work computer was destroyed" - yeah, we do. Dave Nehring tells him on Friday that it's good the police didn't take his work computer, and on Monday, the hard drive is fried. He told Dave Nehring afterwards it was fried.

"John Jacques Joseph occurred in fall of '98" - Didn't occur at the Blueprint conference, cause Kelly was with her husband (Marc Grieman). Whatever occurred between Mark Jensen and Kelly did not occur at the Blueprint in '98, cause she was with her former husband!

"Julie's inability to use the computer is part of the conspiracy. It's all a lie" - Julie told the Ms DeFazio back in August of that year she couldn't use one. She's anticipating her conspiracy, according to the defense.

Ed Klug lumped in with the inmates - You be the judge about the inmates, whether they are telling you the truth. Re: David Thompson - his testimony does seem implausible, doesn't it? Abducting a witness and sitting on them for $1000! Until you hear Mark Jensen in a phone conversation about this with his wife. $500 - two times. Going to his parents for the money. Maybe this David Thompson isn't as incredible as he sounds! Maybe even though he is a bank robber, he may be telling the truth.

David Thompson's fiancé confirmed it. Mark's conversation with his own mother corroborated it. Mark wanted Ed Klug sat on. Ed Klug has no motive to lie in this case. When counsel says "I can't put my finger on it", it means he can't think of a single reason for Ed Klug to come in and lie about this.

Ron Wruck testified to this. He saw Ed Klug the morning after he and Mark had that conversation and asked him why he was tired, and Ed said, "I stayed up with Mark Jensen all night talking about how to kill our wives". Ed Klug talked about Benadryl - Mark told him it's not found at autopsy, it crystallizes you from the inside out. Only one source of information. The intoxicated Mark Jensen. He even told Aaron Dillard he messed up when he got drunk that night.

You are the finders of fact. Is this a suicide/frame up, or a murder?

* Using a drug not typically found at autopsy - if you were committing suicide you want a drug that is found at autopsy! Why would you use one that wouldn't be found? YOU'RE TRYING TO FRAME YOUR HUSBAND! You want it found.

(No dispute of this truth - EG is hard to find at autopsy)

* Using a drug that causes a slow, agonizing death - Why would a nurse (1 semester short) who is trying to frame her husband select a drug that is agonizingly painful?

(No dispute of this truth - EG poisoning is a slow and agonizing death)

But a murderer would choose these two - they don't want the drug to be found easily at autopsy, and they don't care if it's painful.

* Searching the internet for poison, and then erasing the history - Why would she erase the internet history? This was 1998, and Julie Jensen didn't know how to use a computer very much. Her own son testified to this.

* Telling Mrs. Wojt "Mark is being good to me" - why would she say this to her husband if she was trying to frame her husband for murder? He wasn't being good to her, but she said to the contrary.

* Not call an ambulance - consistent with murder

* Mark requesting Ambien - According to him in other conversations Julie was sleeping most of that day, so why would he request Ambien for someone who was sleeping?

* Leaving the kids in the car when he went in and checked on Julie - What parent would leave their 3-year-old child in a car in early December in Wisconsin? He knew what they were going to see and he didn't want them to see her.

* Not going to work on December 3rd, 1998 - Why did he say he went to work, but didn't? In a poisoning death, it doesn't matter where the poisoner was when their victim died, but in a suffocation death, it is absolutely essential to know where the murderer was at all times that day!
Julie Jensen lived for her family. Her personal license plate "My3D's". David, Douglas and Dad. She couldn't leave Mark because if she left, she'd never see her children again.

She writes a note. She expresses her pain, her indecision. Tries to give whoever reads this some insight into what she's going through. She hopes nobody ever reads this.

She can't share it with anyone else. Not Thad Wojt, Officer Kosman, with anyone else in the police. Mark would get rid of every shred of evidence. He was a stockbroker, wealthy. Respected. Who would believe this of him? They'd think she's delusional!

All the power Mark Jensen has - the power to hire all these expert witnesses to come in and paint Julie Jensen as belonging in a loony bin, as Julie's family as belonging in a Looney bin. Julie's family are decent people - intelligent, articulate good people.

She hid these words away. Didn't tell her doctor. Didn't mean for you to ever see these words. Only to be expressed and shared upon her death. She wanted the world to know the truth. When she wrote these words, she had no motive to lie. She hoped nobody would ever see these words.

"However I will not leave David and Douglas. My life's greatest love, accomplishment and wish"

Dr Spiro - he doesn't understand. I hope you do.

Brilliant rebuttal!

Judge lets jury go home. They still have to finish who gets released and finish jury restrictions. They will begin again at 8:30 am, CST.

Yikes, Albee again calls for mistrial! Denied.

Judge wants the attorneys back at 8:15 to finalize the jury. Albee is whining again to stipulate who and when gets released from the jury.

Judge basically says tough.

Jambois says Albee won’t give a stipulation tomorrow; he’ll keep changing his mind.

Ciao!
CNN.Crime