Monday, August 17, 2009

Cameron Brown Retrial: Day Eleven, Part II

Tuesday, August 11th, 2009

This is an unedited, draft entry.

Prosecution Witnesses:

# David Banister (co-worker of Brown at AA; testimony complete)
# Scott Simonson (neighbor and friend of Brown who lived at the marina; testimony complete)

The afternoon session of Day 11.

Judge Pastor addresses counsel before the jury is brought in regarding juror #6 who works for Amtrak. Judge Pastor indicates that he's researched cases, and found a case on point that ruled, "That's not discrimination. That it's not the courts decision. It's not discrimination." Judge Pastor "was amazed at the decision; [...] that it wasn't employee discrimination." He asks Ms. Benson to informally speak with the juror.

Hum informs Judge Pastor that he made a call to the prosecution's witness coordinator. The third witness that was supposed to be for today was a miscommunication. She needed a shuttle to get downtown and that had not been arranged.

Harris states there is new discovery by these two witnesses. Something I can't believe. It's written. Something I was just handed. Judge Pastor asks Ms. Benson to tell the jurors to be patient. Harris looks over the hand written document and Hum looks over his shoulder as Harris reads. The defense clerk appears to be scribbling notes.

Harris reads the document.

PH: I'm going to object. I don't think any of it should be allowed in. Basic discover motion to begin with.

Judge Pastor addresses Harris.

JP: I'm at a disadvantage just as you. Please ask the witness to step outside. [...] Mr. Hum.

Hum states that Simonson and Banister kew the defendant from American Airlines and will testify as to the defendant's behavior with his wife, emotional issues. (They also heard/were told?) the defendant tried to get Ms. Key-Marer deported. There's also something about child support.

CH: (The additional information) It's an elaboration on some of those topics. [...] I don't believe I'm supposed to prepare a deposition, every time I speak to witnesses. [...] I was speaking with (the) witness as we came (downstairs). (These are) not issues of new topics. They are in the area of elaboration,l so I jotted them down.

Hum says something to the effect that in his interview techniques, sometimes he gets into different specifics than the detectives do.

JP: Did you and Mr. Harris know the substance of testimony?

CH: Yes. [...] There was an interview with Detective (Leslie?).

PH: While (it's true there was an interview with Detective Leslie...

Harris goes onto say something to the effect that it's (?) (completely ? disingenous?) for him to wait to talk to his witness again at 12:45pm, jot stuff down, and rush a copy of it (to the defense). He (Hum) waits until the witness gets here.

PH: Well, this is the second time he's done this. [...] (Regarding the relationship with his wife.) Cameron Brown supposedly called his wife fat. Cameron Brown supposedly told him Patty wasn't very smart. [...] It's (obvious?) it has no bearing on what happened at Inspiration Point.

(I think my notes are Harris continuing...)

PH: The purpose of the testimony of this witness was his emotion. [...] That he wasn't going to get into, "Oh, he was bipolar, or he said she was fat and not very smart."

(Bipolar? Interesting.)

Harris states that he didn't think it was appropriate to bring out anger....

JP: Mr. Hum, what is the (use; issue?) of Mr. Brown's deragatory (statements)?

CH: The relationship of the defendant with his wife. [...] The people's position that it was the wife who wanted to get custody. Because this was the motivating factor, for him to murder Lauren. [...] IT goes to the nature of their relationship. [...] They had money (issues?). Patty Brown had the money; all the assets. All the real estate. All the money. [...] The nature of their relationship. At the time of the murder, the defendant had nine dollars in his (checking?) account. [...] She controlled everything. She controlled the money. [...] And one of our (conclusions?) was he married her for her money. [...] So the nature of their relationship, it's a very important (motive?) of this case.

JP: The financial (aspect) you are certainly available to explore. I'm not going to allow evidence use of prejorative words, (Cal. Evidence Code) 352. [...] Finances, that can be established on it's own. [...] No one is required to discover every single words. Discovery is not meant to discover every single word by a witness. [...] Mark of a good attorney is to inquire, follow up. (I find) no violation; no bad faith.

Hum asks Judge Pastor if he can step outside to instruct his witness about the courts ruling that he can't say the words.

It's 1:35 pm and the jury has been waiting in the hallway since before 1:15 pm. Mrs. Benson has been out in the hall, keeping them company. When they file in, the judge says something about Mrs. Benson.

JP: Mrs. Benson is wonderful.

The jury responds, "Yes, she is."

David Banister is the next witness called. Mr.s Benson stumbles a tiny bit on the oath.

JP: I just game Ms. Benson a look.

There's a bit of laughter in the jury box.

The witness states he has worked for American Airlines for twenty-one plus years. He's fourty-five years old. To me, he looks much older. The witness states he knows and identifies the witness. Banister states he and the defendant worked together "ten plus years."

CH: In addition to being co-workers, would you also consider him to be a friend?

DB: Yes.

The witness states that he and the defendant socialized together. Camping, snorkeling, biking.

CH: Would you go out to eat together.

DB: Possibly. I don't recall.

CH: Have you been on his boat?

DB: Yes.

CH: How many times?

DB: Once.

CH: Did you (ever) travel together?

The witness indicates that he traveled with the defendant four or five times to Colorado. In Colorado, they would ski, camp, backpack and ride bikes together.

CH: Did you meet friends (of the defendant) there?

DB: Yes.

CH: Who.

DB: Jon and Lisa.

Hum asks the witness if he remembers their last name.

DB: I knew it at one time; I can't remember it now.

CH: Does Hans sound familiar?

DB: Yes.

CH: Did you and the defendant become fairly close?

DB: Yes.

CH: (Did you) consider him a best friend of yours?

DB: Yes.

There now are questions regarding an incident that he may have observed. Banister, the defendant and a young woman was on (the defendant's) boat?

DB: Yes. [...] Prior to Cameron getting married.

The witness explains that they were all sitting on the boat. "She was sitting next to me and he said several negative, ugly things, hurtful things." The witness then explains that the defendant would then say, "Oh, I'm just joking." He did this twice. Say hurtful things to the woman and then state he was joking.

DB: (The woman) She said, I can't believe you are saying these things to me and she left.

The witness is asked if he ever met the defendant's wife, about ten times. He knew the defendant and Patty Brown got married.

CH: Did they get married pretty quickly after (they) met?

DB: I think so. I don't know (exactly when they met?).

CH: Did the defendant ever say why he married Patty Brown?

DB: For a lot of money. [...] She had a lot of money.

CH: Did you meet Sarah Key-Mar?

DB: Yes.

CH: About how many times?

DB: Only once.

Hum asks if the defendant every said anything about child support.

DB: He did not want to pay child support anymore. He wanted to get her deported.

CH: Did the defendant say he was stressed out to pay the child support?

DB: Yes.

CH: Did he ever say what he had to do to pay child support? [...] Did he ever tell you he had to be on a budget?

DB: Yes.

Hum asks something to the effect if the defendant ever said he needed to sell his truck, and if it was in relation to a conversation about child support.

DB: Yes.

Hum asks the witness what was the defendant's demeanor about selling the truck. The witness answers something about he was in the beginning stages of stress. Harris makes an objection but he's overruled.

DB: He was stressed.

CH: Did the defendant ever talk with you at all about his daughter Lauren?

DB: No.

CH: Did he ever tell you about how Lauren was doing in school?

DB: No.

CH: What they did together?

DB: No.

CH: Did he ever show you any photos?

DB: No.

CH: Did he ever say anything to you, to show he had an interest in Lauren?

DB: No.

The witness states he found out Lauren had died either from the newspaper or from people at work.

CH: Did he ever tell you she had died?

DB: No.

CH: Did you call him?

DB: Yes.

CH: Did he sound to you like he was upset?

DB: No.

CH: After that phone call, did you see the defendant in person at work? [...[ Did the defendant appear to be upset at all about his dauther's death?

DB: No.

CH: Did the defendant ever mention to you at all, anythng about Lauren's death?

DB: No.

Direct ends and Harris gets up to cross.

PH: The truck you spoke about, what year did he sell it in?

DB: I don't know.

PH: Wasn't it true that he sold it four years later?

DB: I don't know.

(If this is true, will Harris in his CIC (case in chief) present documents showing the truck was sold "years later?")

PH: He told you he married Patty Brown for her money?

DB: Yes.

PH: Were you ever introduced to Cameron Brown's family?

DB: No. [...] (I) went to (his) grandmother's house.

PH: He never talked to you about his family?

DB: No.

PH: The house, (on The) Strand, it looked like they had a lot of money?

DB: I didn't pay attention.

PH: Do you recall telling the detective that Cameron Brown told you, "Hey, I have a dauther."

DB: Yes. That was it.

PH: You're saying you don't recall if you ever saw him with Lauren?

DB: I don't recall. [...] I don't think I met her.

PH: You had no idea that Detective Leslie had visited Jon Hans in Colorado?

I think the witness is asking Harris to repeat the question, since my note say (? say again?).

PH: During your interview in October, 2008, in fact you were laughing that you knew Detective Leslie had been to see Hans in Colorado.

DB: I believe he told me.

PH: In fact (you were) laughing. You said to Detective Leslie, before he ever said anything (to you)!

DB: I don't believe that's the testimony. [...] No, I haven't talked to Jon in years.

PH: Did you KNOW Detective Leslie had been over to see him (Hans)?

DB: No.

Harris looks through his papers. Then he speaks to Ms. Veretsian. Veretsian is looking up something on the defense computer and Brown looks with her.

PH: Now, when Cameron Brown told you about someone being pregnant, he told you that he didn't believe that it was his child?

DB: Yes.

PH: How far after Lauren's death did you call him?

DB: Probably a week or two.

PH: You said, you told Detective Leslie that he (Brown) told you that he was sad. Sad about his daughter's death?

DB: Yes, but I didn't believe it.

PH: You said you saw him crying? [...] But you said they were plactic tears? [...]

The witness is confronted on whether he did talk to the defendant about Lauren.

PH: But you thought it (crying) was "plastic" is that your testimony?

DB: Yes.

PH: Your testimony is that you never met Lauren.

Harris has him read his prior testimony.

PH: Does that refresh your memory that you in fact did meet Lauren.

DB: Yes, But, I reall don't think that I met her.

Harris confronts him with more prior testimony.

PH: (You said) "Yes, she's a sweet child and her her with girlfriend at the time?"

I think the defendant answers yes to this; not positive.

PH: You had met Lauren with Cam and you just didn't want to tell this jury how he interacted with Lauren at all.

DB: No. (That) had nothing to do with it at all.

PH: I ask you again, you knew the detectives had been to Colorado?

DB: No. Yes... after.

Harris has him look at his prior testimony to see if that refreshes his recollection.

DB: I was just giving yes and no answers to move things along. [...] I knew in my heart that they had talked to him (Hans) because that's why they had come to me.

Hum asks for a sidebar. I hear a snatch of conversation from Hum. "It's not inconsistent because he assumed...

JP: Overruled! Rephrase Mr. Harris.

Harris reads from a prior transcript or interview.

PH: "You guys been to Colorado yet?" chuckles. How did you know? I know because there's two friends out there. [...] Isn't that what you said?

DB: Yes, because I felt it.

Cross is finished and redirect begins.

Hum asks his witness why it was that he had assumed the detectives had talked to Jon and Lisa.

DB: What other way would they have known? [...] There's no other way that they knew to come to my house.

CH: Had Jon or Lisa told you?

DB: No.

CH: Had you spoken to them about Detective Leslie coming to speak to you?

DB: No.

CH: Did you think more about coming to testify and did you think more that you hadn't met Lauren?

DB: That's correct.

CH: Did the defendant ever express anger towards you?

DB: One day at my house, we were moving the car that he (Brown) had just bought. (The witness?) had dropped a pair of pliers and he (Brown) snapped, like a switch. [...] He got so upset over something so little.

CH: Based in this incident, did you stop speaking to him?

Redirect ends and recross beings.

PH: Then... but you told (the detective) that you met Mr. Brown with (his) girlfriend. You actually described her (Lauren) as a sweet little girl.

DB: Yes, but I made a mistake. (I have in my notes that the witness states this twice.)

Harris asks the witness more questions about knowing when the Detective's went to Colorado.

PH: As you sit here today, you knew Detective Leslie went to American Airlines and interviewed people (isn't that correct)?

DB: I knwo it now.

PH: He actually told you he went to American Airlines and interviewed a number of people. [...] You worked with Chris Lord?

DB: Yes.

PH: He (Lord?) asked you about time Cameron got upset with you?

Harris also asks about a time when Cam helped the witness with a VW Bus.

PH: And he took all the pistons and engine out for you for free?

DB: Also, I did some things for him (in return). I bought some engine parts for him.

PH: You also described him as unemotional?

Harris I think pauses, then one more question.

PH: You also told Detective Leslie that these incidents where he got upset were after Lauren's death?

DB: Yes.

Brown whispers with his counsel. The defense clerk comes up to Harris and whispers. And that's it for this witness.

The next witness is Scott Simonson. When the witness takes the stand, he states his name as Douglas Simonson.

JP: Is there a Scott in there?

SS: Yes. Scott is my middle name. I go by Scott.

CH: Do you know the defendant?

SS: Yes I do.

The witness states he met the defendant in 1991-1992 at Port Royal Marina where he had a boat and the defendant had a boat.

CH: What dock? Was that C dock? [...] And the defendant was also on C dock? [...] Port Royal, is that in the marina?

The witness answers yes to these questions.

CH: Did you hang out quite a bit?

SS: Yes.

CH: (Were you) one of his closest friends at the marina?

SS: Yes.

CH: Besides going sailing, (were there other things you would do with the defendant)?

SS: BBQ weekends, drink beer.

CH: Go out to restaurants?

SS: The Red Onion a few times with other friends.

The names Troy NIchols, his fiance Michelle, Brad are mentioned.

CH: Did you go to Troy's wedding?

SS: Yes.

CH: Did the defendant go as well?

SS: Yes.

CH: Did you know what the defendant did for a living?

SS: Baggage handler.

Hum asks his witness what he observed the defendant do while he was on disability.

SS: Go sailing; go surfing. [...] He had to be careful. He was on disability. (He was worried that) and there would be people with cameras taht could film him.

CH: Did you meet a girlfriend by the name of Sarah?

SS: Yes.

CH: Do you remember specifically anything about Sarah?

SS: That she was English and I think she worked as a waitress.

CH: Did you ever see defendant be angry?

SS: (He would) get upset with some people, a former girlfriend before he met Sarah.

The witness explains an incident. They were supposed to go out with Cam's girlfriend Cathy, Troy, Michelle. We were supposed to go to the Red Onion. (My notes are quite sketchy here, and are not clear as to the entire story.) Apparently, Brown got upset with Cathy, called her something, "like, you ugly bitch, which upset her...." Brown went to his boat, closed it up and from what I'm gathering, wouldn't let the girlfriend inside. Ignored her.

The witness describe another incident at a restaurant where they were to meet the defendant's father for breakfast at a place called Eat At Joes. The father arrived late, just as Brown and the witness were about to leave. The witness states Brown was angry with his father and said to him, "You were late and you should be on time!"

SS: He was upset. [...] He didn't want to stay. Upset by fact the father was late.

CH: Did the defendant get upset or angry with you?

SS: (He got) upset on (over?) an incident with me. I heard (about) it.

Judge Pastor asks, Was this something you observed?

SS: Yes.

CH: Did Troy Nichols tell you what happened?

SS: Yes.

CH: Did you go to the defendant?

SS: Yes.

There is a convoluted question I think, then Judge Pastor gives the limiting instruction that the testimony is not offered for the truth of the matter.

CH: What was it Troy said to you?

The witness states that they (Troy, defendant) got into an argument about another group of boaters, called "sneak aboards." If you live on your boat, you have to pay more. (The marina charges more for your berth/doc if you live on your boat. There was a time when Brown did the same thing.

SS: Troy told him (Brown) it's none of his business, because you, Brown, did the same thing. [...] Some how my name came up.

CH: What happened later?

(This is not clear in my notes.) Aparently Brown dam down to the docks and threatened t hit him (witness? Troy?). (He?) and Troy went to the Harbor Patrol and reported it to protect his business.

Judge Pastor gives the limiting instruction that the testimony is not for the truth of the matter, it's offered only for the state of mind of the witness.

CH: When you talked to the defendant, did you tell him what Troy said?

SS: Yes.

CH: Did the defendant deny that conduct?

SS: No. [...] First, I told Cam that I'm not involved in this. He needed to go to Troy himself and settle this. [...] If Troy wanted to talk to him, he'd talk to him.

Patty turns to look at the jury. Hum asks for a sidebar.

Hum asks the witness if there were incidents where the defendant got angry with him regarding criticism.

SS: I would say angry. Mostly he would not like criticisms.

The witness states he made some suggestions about the defendant's new Catamaran boat. It had to do with the boat's battery that was (I believe) just sitting out and not strapped down to anything. The witness thought that wasn't safe. In response, the defendant responded, "Don't tell me what to do."

CH: After you met Sarah, subsequent to that, did he tell you anything about Sarah being pregnant?

SS: He said that it couldn't be his; he always used protection. [...] He thought she was trying to trap him to stay in the country.

The witness states the defendant found out about her visa being expired.

SS: He said he was going to report her to immigration.

CH: Did he say he was going to or he did?

SS: That part I don't remember.

CH: Did he tell you he was going to have her deported?

SS: Yes.

CH: Did the defendant tell you why?

SS: He said he didn't want to be responsible for this child.

CH: Did you say anything?

SS: That he needs to think about it. [...] Because he would be aborting his own child. (There must have been a question about abortion because I have the answer referring to it.) [...] He said, "It's not my child."

The witness verifies that the defendant had already left C dock and he's asked to explain what/where he moved.

CH: How many times did the defendant call you and tell you he had a new phone number.

SS: About three or four times.

CH: Were these cell phones?

SS: Yes.

Hum asks the witness if the defendant told him about calling his work number.

SS: (He said) He'd instructed his employer that if anyone called him at work they were to say he's not there and they don't know where he's at.

While the defendant was now back in the marina, living on B dock, he told the witness that Sarah had tracked him down. A blood test was ordered and it was indeed his child.

CH: Did the defendant actually bring Lauren down to the marina?

SS: Yes, I believe she was two-and-a-half years old at that time.

CH: Did the defendant say he had to pay (child support)?

SS: Yes. It was a lot. [...] He told (me) that at court someone had advised him that if he wanted to get child support reduced, he needed to ask for visitation. [...] It was some type of counselor, that's all I know. [...] I don't know if (they were) from the court system. [...] I believe it was somebody there, a legal advisor, somebody had suggested that.

CH: Did he marry Patty relatively quickly?

SS: I thought so.

CH: Once he got married, he stopped living on his boat?

SS: I think he moved in with Patty before (they were) married.

CH: Did you see much of him after that?

SS: No.

(I believe) The witness states that he didn't hear about Lauren's death on the news. A neighbor asked him if he'd heard. After he got the news from a neighbor, he went back to (his?) boat and called Cam.

SS: Patty answers the phone. [...] I came home, yeah hold on, Scott's on the phone. He then said, "Hey dude! What's up!"

CH: Is that something you took note of?

SS: Yes.

Patty Brown gets up from her seat and hands a note to the defense clerk.

CH: Did he sound upset at all?

SS: No.

Hum asks him about the rest of the conversation.

SS: Cam, I heard... (I miss the rest of this sentence.) He said, "Oh yeah. Yeah. Tragic accident. But I can't dwell on it for too long. I can't let this ruin the rest of my life."

CH: Did the defendant seem upset?

SS: Not to me, no. [...] He then asked me what I'd been up to.

CH: Did he seem emotional at all?

SS: No.

CH: Did he say he needed to get on and not let it affect him long term?

SS: Yes, he did.

CH: From the defendant's demeanor and what he was saying to you..

(I miss getting the rest of the question. The defense objects and Judge Pastor sustains the objection.)

CH: Did he seem like he acted...

There is one more question after this one and they are both objected to and sustained.

CH: Based on the defendants demeanor, based on "Hey dude, what's up" Based on what he said, did it appear to you that something tragic had happened in his life?

SS: No. [...] He just asked me how I was doing and what was going on.

CH: How much longer did the conversation last?

SS: Not much longer. [...] He didn't seem that upset about it.

Patty Brown gives the defense clerk another note.

CH: Did it seem strange to you?

SS: Yes.

CH: Did you mention it to anybody else?

SS: My neighbor who told me about it.

There now are some questions about Patty Brown's finances. The witness states that Patty was well off. She worked for the City of Hermosa Beach as a civil engineer. Afterwords (meeting Patty? the marriage?) Brown called the witness to tell him they (Patty, defendant) had moved to Ventura.

CH: Did the defendant tell you that they owned the place they lived in?

SS: Patty had bought a house in Ventura.

CH: Did the defendant tell you anything about what Patty had purchased for him?

SS: A motorcycle, tools for the garage and I believe a small sailboat.

CH: Did the defendant say if his wife was working at that time? [...] Did you ask him about the commute from Ventura to Hermosa Beach?

SS: He said Patty was not working.

CH: Did ye call you from jail and ask you to write a letter for his website?

SS: Yes.

CH: Did you do that?

SS: No, I did not.

No more direct and cross begins.

My notes don't say it but I believe this is where the afternoon break is taken. That's because I have a note in here where I asked Detective Leslie if anyone else testified on Wednesday, August 5th, the day I missed. He states a woman, Dr. Berkowitz testified. She is a pediactric expert. She testified to the characteristics of a four-year-old. I did not ask any more questions about this witness's testimony. At lunch, I saw Sandi Gibbons, the DA's office spokesperson in the elevator bay. I went over to her to say hello. During the first Spector trial, I got to listen to her and Dominick Dunne reminiss about trials he's covered and interesting back stories around the courthouse.

Patty and Ms. Veretsian chat and then Patty sits down. Patty and Harris talk for a moment. I note that Sarah is wearing a very nice outfit today. The top appears to be a sheer, gray and white design blouse with matching gray pants. Patty gets up and then goes over to where the defense clerk is sitting and kneels down to chat with her.

JP: Where did Mr. Harris go?

Harris waves to the judge from the podium. Judge Pastor smiles. Brown is brought in and puts on his tie again and buttons his shirt. Judge Pastor gives a "hold" signal to Ms. Benson while the defendant gets redressed with his tie and jacket on.

Right before cross is to begin, Harris's phone goes off and Harris says, "That's embarassing." Either Judge Pastor or Ms. Benson jokingly says, "Hand it over." Judge Pastor asks, "Is it an expensive phone?"

PH: No, it isn't.

JP: (Joking) Then we'll take it.

I've seen this happen during the first Spector trial. If a cell phone went off by anyone in the gallery they had to leave the courtroom and their cell phone was confiscated by the bailiff's until the end of the day. I'll never forget one woman was fuming that she had to wait outside for hours to get her phone back.

Harris starts off by asking some questions about Patty.

SS: When I asked him about the commute from LAX, he said that he was riding a motorcycle.

PH: Did he tell you about gifts he gave Patty? [...] You have no idea... [...] that assumes facts these gifts...

I don't have it in my notes, but I believe Harris asks if the witness knows if these gifts were birthday or holiday gifts from Patty to Cam. Several questions about whether or not the witness knew what Cameron gave Patty for gifts.

PH: You were friends a number of years?

SS: Yes.

PH: You were aware that his family had money?

SS: No.

PH: You met his father?

SS: One time.

PH: You went to his grandmother's house?

SS: No.

PH: You aware she had a house on the strand?

SS: No.

Harris asks the witness if the Cameron he knew liked the (carefree) lifestyle of living on a boat.

PH: He never indicated that he wanted to live in a house?

SS: No.

PH: Did he ever talk about buying a house?

SS: No.

PH: He was an outdoors type person?

SS: Yes.

PH: He liked the lifestyle of living on the harbor?

SS: Yes.

There are questions about knowing Cameron when he lived on his boat in 1992.

PH: You told a story abut Mr. Brown and his relationship with Sarah Key-Marer?

SS: Yes.

PH: And he told you at that time that he used protection and that it wasn't his baby?

SS: Yes. [...] He said he didn't like it. It wasn't his baby and he wasn't going to accept it.

I have in my notebook now that I'm very tired taking notes.

PH: He indicated to you that he was going to take a blood test?

SS: [...] And that's when he said, "It's my kid."

PH: And he told you at that time he said, "It was pretty cool?"

(Unfortunately, I don't have the witness's answer.)

PH: He brought her around to meet everyone at the marina?

SS: Yes.

PH: You said he brought her around three or four times?

SS: Yes.

PH: You said that they seemed to get along real well?

SS: Yes.

PH: Once he met her, his whole attitude changed?

SS: Yes.

PH: He even introduced her to your brother?

CH: Objection!

JP: Sustained.

PH: When you saw her around Cam, she was smiling, isn't that what you testified to before?

SS: Yes.

Another question.

SS: She was two-and-a-half years old. [...] She seemed to be okay.

Now Harris shifts to questions about that breakfast meeting with Brown's father that the witness testified to on direct.

PH: At breakfast, his father showed up late and he was going to leave, and you talked him (Brown) into staying?

SS: Yes.

PH: Cam had an argument with his girlfriend on New Years eve. After a while he got angry, called her a nasty name and when to his boat and locked the door?

SS: Correct.

PH: He didn't get physical with her? His response was to go to his boat and lock the door?

SS: Yes.

Harris now asks about the criticism the witness testified to.

PH: (So he said) Don't tell me what to do on (my) boat?

SS: He didn't like criticism.

PH: He didn't slug you. [...] He didn't try to push you off the boat?

Now there are questions about sneaking in and not paying.

(I have in my notes that Harris asks, "And you tried to get in the middle?" I'm not sure that's correct.)

PH: Did he tell you that he swung at Troy? [...] Did he?

SS: No.

PH: In none of these examples, Mr. Brown never did anything to anybody?

SS: Correct.

PH: [...] Knew him from 1992 up until 2003-2004 and those are the only examples you could come up with?

SS: Yes.

Harris moves onto the phone call after Lauren's death.

PH: You stated that Cameron Brown got in the phone and said, "Hey dude." [...] How long after Lauren's death did you call Mr. Brown?

SS: It would have been a couple of days or a week.

PH: In your first interview (with police?) no where did you tell police about this?

SS: Yes, I did.

The witness states that it is his recoooection that he told police.

PH: He also told you he couldn't talk about it because he'd arranged an attorney and advised to to talk about it. [...] Do you remember telling detectives that you couldn't remember the exact words?

(I have "Hey dude! How's it going!" Again in my notes but I don't know if Harris asks this or if the witness states it again.)

THe witness restates the gist of what he remembers about Cam saying. That it was tragic. We were throwing rocks [...] and turned my back and she was gone. (It's not clear in my notes that Harris asks this or the witness states this.)

PH: Had you seen Cam face to face? [...] Since her death? [...] Did you try to find out how Cam was doing? [...] Do you remember calling Patty up and asking her how he was doing?

SS: I may have, I don't recall. [...] I may have called his grandmother.

PH: Do you remember her telling you he was walking around like a zombie?

CH: Objection! Hearsay!

JP: Sustained!

PH: Remember in (the?) detective interview, (you said) he was like a big kid, sort of happy go lucky. [...] He didn't have any goals. [...] He just wanted to have a good time? [...] And in fact what you observed after that was that he seemed to be taking to fatherhood didn't he?

SS: Yes.

PH: (The) cell phone changes. You thought he got better cell phone plans?

SS: That's what he told me.

(Knowing what I know about changing from service to service, and the penalties from canceling a contract early, I personally have a problem with that explanation.)

PH: AT some point he told you Sarah was pregnant. Do you remember if he was still at the marina or had he left?

SS: I don't recall.

PH: Do you remember what dates he lived there?

SS: No, I don't know.

The witness states he thinks Brown meoved out of the marina shortly after Sarah became pregnant.

Now there are questions about when Brown lived on C dock and if the witness knew Cari Dunlop.

PH: Was she living there in 95-96-97?

SS: Yes. [...] Her father had a boat.

PH: She and Cameron Brown were friends?

SS: Yes.

PH: Do you know Troy?

SS: I don't know his last name.

Harris asks the witness if he knows someone named Kevin (?) who lived at the marina. The witness is also asked if the detectives asked him for any girlfriend's names that Brown had.

PH: Did you given them to them?

SS: Yes.

Harris asks the witness if he knows Jack Laisure. The witness states he has known him since 91-92 also. Harris also confronts him that he testified Cameron Brown was not a very emotional type.

PH: Do you know where he got married?

Harris asks the witness about a batchlor party for Brown.

PH: YOu took him to a batchlor party, took him to a strip club? [...] He didn't really want to go. His friends wnated to take him there. [...] You called him kind of prudish. [...] YOu said that he basically didn't want to confront a problem, he jsut ran away from them?

SS: Yes.

There's no more redirect.

That's it for court today and it ends early at 3:50 PM. Judge Pastor orders the jury back at 9:00 am tomorrow. I note that from where I'm sitting, in the harsh flourescent lights, Brown does not look as good as the photo in the Daily Breeze. From here, he looks ashen under the harsh lights. The attorneys go over the witnesses that are to be called tomorrow. The ME may be Thursday or Friday and the bio-mechanics witness will be on Tiesday, the 18th.

And that's it for me. I head for the Red LIne train, and home.


Omama said...

Sprocket - Thanks again for the great coverage.
Do you think that SS may have said that he would be "deporting" rather than "aborting" his own child? Just a thought.
Hope you're feeling better.


Sprocket said...

It's possible, but I don't believe so. My wording in my notes is clear on this.

"Because he would be aborting his own child."

Understand, I'm doing the best I can.

cI don't take short hand, so I am not getting every word that is spoken at trial. My notes are comprised of my own abbreviations interspersed with fully written word text.

What I'm able to transcribe often depends on how much time there is between the question and answer. Sometimes I mean to go back and put a Y (for yes) or N (for no) after a series of questions but I can't because things are moving along too quickly.

Sometimes I'm able to remember exactly what was said with just a few of the words of the sentence; sometimes not, just depends on how much impact the question/answer has.

My goal is to have Day 12 transcribed by tonight, but it will depend on how well I feel and other responsibilities. I may have to write a service contract for Mr. Sprocket today if the building owner that has asked for a bid agrees to the terms.

Anonymous said...

Is Mr. Brown required by the court to relinquish his tie when he goes to the holding area, or does surfer dude just not like wearing it? seems like a lot of fuss as he's going back and forth so much, and maybe he should consider a clip-on, ha-ha. (Not much to laugh at otherwise around this case...)

Thanks Sprocket for your dedication on coverage of this case, I wouldn't know a thing without your site to visit!

Omama said...

Sprocket - please do not regard my previous comment as a criticism in any way. The best you can is a million times better than the best I could do.
Eagerly awaiting Day 12.


Anonymous said...

Sprocket, I feel I'm in the courtroom....your coverage is awsome. Thank you for going the extra mile for us. It is so appreciated.
Hope you are feeling better.

Question what do you think is the most significant evidence? I know nothing about the first trial and given the sketchy information I have I'm surprised he was convicted. No eye witnesses, etc.

September moo

Sprocket said...

Most Significant Evidence:

There are several things that I think are significant. It's not one specific thing. I think that evidence can paint a picture, create a moasic that is tightly woven together. Some of the things I think are significant are coming up in testimony where I haven't completed transcribing my notes yet.

Sprocket said...

Eye witnesses:

There were several eye witnesses to seeing Brown and his daughter at various spots along their hike. Most suspicious deaths are not observed by third party, so I am not troubled by "no eye witnesses." Otherwise, there would be no question as to what occurred.

But I will say this: Behavior is powerful evidence, which is why it is perfectly acceptable evidence inside the courtroom.

Jobeth66 said...

Anonymous - there were a few things that stood out for me in the last trial. #1 - the 911 call. Zero emotion, no tears, no hysteria. #2 - he apologizes to the people on the nude beach that they're going to have to get dressed, because the authorities are coming. #3 - After taking the time to do that, he then goes to find Lauren, and takes HIS clothes off "so they don't get wet" before jumping in the ocean to retrieve her.

I'm a parent. I'd be screaming, I'd tell someone ELSE to call 911 while I went to get my child out of the water. I don't care if I catch pneumonia, I am getting my child out of the water ASAP. I certainly am not caring at all that the cops/EMS might see some naked people, that's their problem.

Tezi said...

Excellent job Sprocket. Thank you for your time and dedication. I feel like I am sitting in the courtroom when I read your words.

Again, thanks!

Anonymous said...

Jobeth66, you are ABSOLUTELY right on with what a normal parent would do in the same situation. I'd be in hysterics. I had been in an elevator with both the defendant and his wife a couple of days after the 'accident' .. albeit not for more than a few minutes, but I did not see any tearful emotions. I would have been a puddle on the floor.

Sprocket, once again in agreement with others here .. you have given us outstanding information and hard work. Thank you! I, too, feel as if I am sitting in that jury room. Hope you are feeling much better! Bronchitis is so draining.