Wednesday, August 26, 2009

Cameron Brown Retrial: Day Fourteen

Friday, August 14th, 2009

Prosecution Witnesses:

Morning session: (I did not attend the morning session)
# Robert Olsen (Psomas map maker; testimony complete)
# Dale Falicon (LA Co. Deputy Sheriff and criminalist; took photos at Inspiration Point; testimony complete)

Afternoon session:

# Jeffery Leslie (LA Co. Homicide Detective; lead investigator; testimony complete)

It's 12:44 pm. I decided on one bus route when I should have taken the Orange Line. I had to wait forever for this bus. Consequently, I will barely make it to court on time. I should have checked the schedule of this bus line before deciding to take it.

When I finally get inside 107 it's 1:32 pm and the attorneys are going over motions. Harris speaks to Brown then comes over to Patty in the first row. When I entered the rear of the Criminal Court Building, Ted was standing on the back plaza. Sarah has three friends with her today. I wonder whom we are waiting for. Susan Kim isn't at the prosecution table. Patty is wearing a black jacket, black pants with (I think) a white blouse

1:34 pm: The jury is called in. One of the jurors asks the judge if he had a good lunch. There is a bit of funny bantor between Judge Pastor and his jurors. Apparently, a few of the jurors ate lunch together and crossed paths with Judge Pastor on the street at lunch.

Hum is getting some CD's of phone calls entered into evidence, People's #72. Detective Leslie is recalled to the stand for resumption of direct.

In his previous testimony, he testified as to his activities on November 8th, 9th and 10th.

CH: In addition, you've conducted significant additional investigation and interviewing potential witnesses.

JL: As of todays date, (approximately) 100 different people.

CH: Has anyone pressured you to make this a homicide rather than an accident.

JL: No.

CH: Did Lauren's mother or her family pressure you to make this investigation a homicide?

JL: No.

CH: Did you personally.... do you gain anything (by making this a homicide verses an accident?

JL: No, I do not.

CH: (Before this case) Had you ever met the defendant?

JL: No, we had not met.

CH: Did you have an animosity (against the defendant)?

JL: No.

CH: Did you have any reason to "get" the defendant?

JL: No.

CH: Did you ever pressure witnesses? [...] Did you ever suggest (to a) witness to change their statements? [...] Did you pressure any witnesses to change any statements? [...] Did you ever suggest to Sarah Key-Marer what she should say or ever say?

Detective Leslie answers no to all these questions.

CH: (Regarding Ms. Marer) Has she asked you any (questions or requested information)?

JL: Constantly.

Hum asks what information he gave Sarah Key-Marer.

JL: Just basic information. [...] So as to not sway her opinion or her recollection.

CH: Did you ever tell her your opinion?

JL: No.

CH: Did Ms. Key-Marer ever pressure you to bring charges against the defendant? [...] What was the first time you spoke to her?

JL: November 9th, 2000. The first time I spoke to her was at a hotel in Long Beach. [...] She was in bed. [...] She was in shock, stricken. She was very emotional. [...] She at times appeared to be as if she was going to be sick.

CH: (She) told you that the defendant agreed to the adoption by Greg? [...] Did Sarah Key-Marer tell you about an incident outside of family court?

JL: The defendant said to her, "I'm going to get you."

Alternate #3 is not taking any notes, just listening. 1:45 pm, Ted enders and sits in the second row.

During the interview with the defendant in the early morning hours of November 9th, 2000, Detective Leslie states, "He told us she was wearing purple pants, one shoe was off and that her shirt was rulled up off her abdomen."

On November 9th, 2000 he picked up a copy of the 911 tape. On November 10th, he went to Inspiration Point with Deputy Falicon. Other investigators were Michelle Lipisto from the crime lab. The emergency services detail was there, Terri Ascherin and his partner, and Detective Smith. Deputy Falicon investigated (impressions). Deputy Asherin rapelled down the cliff to the inlet. On the bottom, Detective Leslie had to throw him the end of the ropes so he could get him to the rocks so he didn't go in the water.

He video taped the hike from Abalone Cove to Inspiration Point. A recording device was placed on Sarah Key-Marer's phone.

CH: Did you ask her to contact the defendant specifically?

JL: No.

CH: Did you ask her if she had contact with the defendant to record the calls?

JL: Yes.

I believe the next note is, on November 14th, 2000 at 5:45 pm Marlene Quere was interviewed by phone. On November 15th, 2000 at 9:05 am, took Saad Omar to Inspiration Point and took photos of various locations. People's #7. These are some of the photos he took with Omar on November 15th. He interviewed Debrah Jenkin.

CH: Did she ever tell you that she was sleeping or looked like she was sleeping? (Lauren).

JL: She tol that because she said (Lauren looked) so still, she wondered if she had just woken up.

Detective Leslie attended Lauren's funeral. Exactly a week after the incident, at around the same time, they set up a checkpoint in a widened area on Palos Verdes South. (In a bus pullout area.) This was to find out if anyone had seen anything.

CH: Why November 15th?

JL: It was exactly a week later. They passed out flyers and explained the reason for the checkpoint. It was early afternoon, around the same time.

On November 16th, he interviewed Jerry S(?). More interviews the detective conducted are brought out in testimony.

CH: Did Captain Curcio tell you that the defendant told him that he looked over and said he saw her in the water?

JL: It was the opposite of what we were told by the defendant.

CH: Did you ask Captain Curcio a second time?

JL: Yes, I'm certain I clarified a second time.

CH: How long did... Captain Curcio relate to you the length of time had past between the time he had got to Lauren's body to when the police arrived.

JL: Captain Curcio said "Thirty minutes," based on what the defendant had told him.

CH: Did Captain Curcio tell you that the defendant had yelled for help from the top of the cliff?

JL: No.

On November 17th, he saw Ms. Key-Marer and other members of her family out on Inspiration Point.

JL: I got them down and met with them. [...] She was upset. She was wandering around, sobbing; very emotional.

Hum goes through other witnesses that he interviewed from November 20th through the 29th. On November 22nd, they set up a second check point in the same area and passed out flyers. On November 28th, he met with Ms. Key-Marar and obtained the recording that she had taken. On November 29th, he gave Ms. Key-Marer Lauren's lunch box. There was a full juice box, string cheese, a type of yogurt, nutrition bar and (I think) a small piece of fruit.

More people are listed whom he interviewed. He obtained various documents, a certified copy of the (family) court file. People's #87, 11 pages of an Orange County Superior Court document.

CH: Were search warrants obtained to get phone records?

He called the number of the attorney on (one?) of the attorney's on the business card that the defendant's wife handed him. He conducted surveillance of the defendant on November 28th? 29th? On January 2nd, 2001, he served a search warrant on the defendant's home. They seized two computers and photographs of Lauren. I believe the same day, a search warrant was served on the defendant's boat at a harbor in San Pedro. THe boat was a 1976 Trimaran.

CH: Did it appear to be in good condition?

JL: No.

As part of the investigation, Detective Smith had spoken to Kathliene Brussard, (sp?) Human Resources Supervisor)

PH: Objection!

JP: Sustained!

. Hum is trying to get an interview out of this witness that his partner did. Another stipulation? I hear the words "stricken."

Hum asks if the Human Resources Director at Travel Max was aware of what Ms. Brussard told his partner. Detective Leslie states that Ms. Brussard's husband told them she had terminal cancer and could not travel.

On January 21st, 2001 he retrieved more phone calls off the recordings on Sarah Key-Marer's phone.

CH: Where those numerous phone calls where the defendant says "Helllooooo."

PH: Objection!

JP: Sustained!

Some of the phone calls were from January 12th.

CH: Did those include phone calls we heard here in court?

JL: Yes.

Other witnesses were interviewed and the computers were returned to the defendant. The interviews in February, 2001 are reviewed. February 7th Jack Laisure interviewed. February 13th, Cari Dunlop interviewed. Feburary 15th, he arranged an interview between the defendant and Detective Lillienfeld, posing as a detective for LAX. On March 15th, 2001 he reviewed the computer information by Detective Fortier.

On the Dell Tower computer, specific web sites were visited on November 8th, 2000 and November 10th, 2000. People's #75 is a list of web sites visited on those two days.

On November 8th, 2000, at 9:22 am, and other various surfing web sites were visited. These are web sites where there are web cams, and you can view the video/area live. El Porto Beach, Manhattan Beach (on the strand), Huntington Beach.

On November 8th, 2000, at 12:19 pm, various web sites were visited on this computer.
Win Child
Fathers (?).com
Single Father'

JL: All of those web sites were about father's rights dealing with custody, reducing child support, parent alienation.

CH: How many pages were visited?

JL: Fifty-three pages.

(This blows me away and (to me) solidifies that Mrs. Brown did not want the defendant to give up his parental rights. Brown has asserted that he was able to reach his wife and let her know that he wasn't coming directly home with Lauren. That he was taking her to Abalone Cove because she was so upset. I think it's very likely that Patty, while on the phone with her husband, told him about what she found out searching all these web sites.)

This occurred between 12 and 2 pm on November 8th, 2000.

CH: Did you see any other day?

JL: Those web sites were not visited on any other day.

CH: On November 10th, 2000, was this computer accessing the surf sites again?

JL: Yes, it was.

On March 26th, 2001 Detective Leslie went back to Inspiration Point with the coroner's office staff. ON October 7th, 2002 he met with Dr. Toby Hayes.

CH: Had you ever spoken with Dr. Hayes before?

JL: No.

They specifically visited key areas: the playground and the top and bottom of Inspiration Point.

CH: Did Dr. Hayes provide you with any info? [...] If he had an opinion?

JL: No.

On December 16th, 2003 the defendant was arrested.

The most recent time the detective went to Inspiration Point was July 9th, 2009. Changes were noted in the entire area.

JL: Generally, the area is the same. The playground equipment is no longer there. [...] There is fencing now on Inspiration Point at the bottleneck area. [...] There's now additional trails leading down to the archery area from Inspiration Point. [...] The awning at the archery range is no longer there. [...] There are vegetation changes depending on time of year.

CH: Did the geography now appear to you to have changed?

(I miss the answer.)

After the last proceeding, Detective Leslie continued to interview witnesses. In October 2006, Leslie and Hum went to Colorado. They called people in the area in advance in an effort to obtain interviews. They called at least a week in advance. On October 24th, 2006 Hum and Leslie interviewed Jon and Lisa Hans. They also spoke to Jane Doe. In October, 2008 they interviewed Dave Banister, a name provided by Mr. Hans. On October 8th, 2008 Detective Leslie interviewed Chris Lord.

Hum asks Detective Leslie to describe what happened during the search of the defendant's residence on January 2nd, 2001.

JL: We knocked three times and there was no answer at the door. Three times they announced (who they were) and demanding entry or they would kick in the door. Finally, the door opened.

CH: Who participated?

JL: Smith, Leslie, Germis (sp?) Brothers and Detective Leslie's lieutenant. [...] It was a condo, with two bedrooms. One bedroom was used as an office where they seized the computers.

Hum asks if they found any photos of Lauren and how many were there. Detective Leslie said they found nine photos depicting Lauren.

CH: Did you ask Sarah Key-Marer to look at the photos?

JL: She recognized all but one. (She stated she) provided those photos to the Brown family.

They seized a note that appeared to be from Patty Brown to the defendant. The note is People's #50 and it's put up on the overhead screen. It's a hand written note, block print and not dated.

Ask for sole legal and physical custody of Lauren. If they tell you that you don't have a good chance of getting it, tell them you want to go for it anyway.

I love you,

This was written on some kind of letterhead paper but I miss getting what the letterhead said.

CH: Detective, did you seize a suitcase under the bed?

JL: The suitcase was not seized, but noted it's contents. [...] Wooden, small cigar box, black ceramic (figurines?), black candles. [...] Inside the cigar box were two small portions of a photographs that appeared to be cut out of a larger photograph.

Hum enters People's #49, foam board with two photos on it. These are evidence photos of what they found. Photo A is a picture of suitcase with the contents. Photo B is of the cigar box with the (head cut-out) photos of Ms. Key-Marer.

(When I see this evidence entered, my jaw almost dropped. I mean literally dropped open during testimony. I had read something about this on other web sites, but at the time I didn't believe it. I thought it was all gossip. Now come to find out it's all true and part of the trial record. I'm sitting in my seat and I'm just dumbfounded by what I'm seeing and hearing.)

CH: You testified that on February 15th, 2001 you arranged an interview with Detective Lillienfeld.

JL: The defendant said on tape, that detectives had come to his house and stole his computers and photographs.

The afternoon break is called.

I ask Mr. Hum at the break who testified in the morning. He says Robert Olsen, from Psomas. He's a map guy; does maps. And Deputy Dale Falicon.

2:40 pm: Veretsian and their clerk are at the defense table. Practically everyone else has exited the courtroom except Hum who is at the prosecution table. Harris comes in. I leave to go get some snacks.

When I go thought the elevator bay to get to the snack machines, Patty was on her cell phone by the snack machines, talking with someone about the note up on the overhead screen.

Judge Pastor comes back to the bench right at 2:49 pm. It's decided that court will start next Tuesday at 9:15 am, with Dr. Hayes. Hum states he thinks his direct will take one-and-a-half hours. Harris and Hum stipulate that the handwriting on the note is that of Mrs. Brown.

Judge Pastor, wanting to get his jury inside the courtroom, asks Ms. McNeal if Ms. Benson is outside. Ms. McNeal goes out to get the jury.

PMcN: They're coming your honor.

After the jury enters Judge Pastor jokes with them.

JP: I wouldn't buy lunch for Ms. Benson and she wouldn't come back.

The jury laughs.

Direct is finished and Harris gets up to cross.

Harris asks about the search warrant and that one of the things Detective Leslie was looking for were pictures of Lauren.

Harris enters Defense Exhibit "CC." A series of pictures that shows Lauren and the defendant. Two of these photos I've seen up on the support Cam Brown web site. One of the photos was seized from the house.

PH: Is that one she (Ms. Key-Marer?) took? [...] Is that one that she had provided to Mrs. Brown?

Another photo is put up, of Lauren with a cake and the defendant. This must be of a birthday party the defendant gave Lauren for her 4th birthday. There are several photos in this series and Harris goes over every one. One photo is of a doll in a high-chair with Lauren.

PH: I s this doll significant?

JL: I don't know. [...] I remember dolls being at Mr. Brown's mother's house.

Harris then crosses the detective on a supposed list that the defendant (?) gave the detective of presents that Brown gave Lauren.

PH: So there are (other) pictures (of Lauren)?

JL: There are other photos that we've since seized but they were not located inside the house.

Harris shows more photos from (to me obviously) the same event of Lauren and Cameron at Lauren's birthday party. Another photo is put up and Detective Leslie states that photo appears to have been taken at Cameron's mother, Lynn's house. There's another photo of Brown, squatting down that supposedly Lauren took of her father.

There's another photo of Cameron and Lauren that I think I've seen on the Internet. Another two photos of the defendant and Lauren blowing bubbles. Most of these appear to be taken at the same birthday party.

Harris asks about the procedure to fill out a search warrant.

PH: Do you know what scrap booking is? [...] Cut out pictures and put them together?

(I can't believe it. I can't believe that Harris is trying to pass off the cut out photos under the Brown's bed as "scrap booking.")

PH: Did you find that at the house? [...] Tiny photo of Lauren?

JL: No.

PH: Does it appear to be.... [...] They weren't cut up, mutilated or torn apart?

JL: No.

PH: They didn't have nasty messages on them?

JL: No.

Harris now moves onto the interviews that were done with the school personnel. Leslie's partner, Smith went to the school. Ms. Patel said she wrote a letter.

PH: Did you find it?

Harris goes over the application Sarah Key-Marer filled out for Lauren to go to the preschool, where she described Lauren as "lively and enjoying a number of activities."

PH: You put together evidence and recommended .... presented for filing?

JL: Preset for filing, yes, that's a fair statement.

PH: Do you recall the night of November 9th, you and your partner both accused Mr. Brown of murder that night?

JL: Yes.

PH: Within 12 hours, you had made an accusation. [...] And there were... you had made comments... Is it your testimony that you didn't tell Ms. Key-Marer your opinion? [...] You told me didn't you that he committed murder?

JL: I believe I said we had some questions. That's my recollection.

PH: You've been with your partner how long?

JL: 20 years.

PH: Do you recall speaking to the media saying Mr. Brown's story didn't add up?

JL: I may have.

PH: Detective Smith didn't come to testify? [...] And you said you were 50-50? [...] I asked you about a list of gifts...

Harris shows the witness a document.

JL: I believe I have seen this.

Detective Leslie takes a moment to read the document.

I note that two of the alternates are not taking notes. Juror #3 I have not seen take any notes for a long time. Defense exhibit "EE." It's a list Ms. Key-Marer gave. Either Harris states or the witness states that these were just the ones Marer was aware of. We don't get to see the list.

PH: At what point did it officially become a homicide?

JL: After the coroner ruled it a homicide.

PH: Are you sure about that?

Harris showing Detective Leslie his prior testimony.

JL: I remember saying that. [...] Again, but I don't know that's accurate.

Harris says something about Brown "changing" around the time of the search warrant. Now Leslie is being confronted with the prior proceeding testimony.

PH: You're familiar with your partner's "murder book?" [...] Those little notebooks? [...] Some of your testimony is based on Detective Smiths notes?

JL: Yes, that's correct.

PH: And in Detective Smiths notes, he had a list of phone numbers called (?) Scumbag ? Assholes?

CH: Objection!

JP: Sustained!

Harris asks to approach. It appears they are arguing that it shows state of mind of the detectives. Patty is leaning forward again. Her elbows are on the low gallery wall separating the well area. Her hands are resting on her chin.

Harris gets to re ask his question. Detective Smiths notes. He listed phone numbers of Mr. Browns friends.

JL: He did have numbers from a phone book in Brown's residence but they were not in his notebooks.

PH: He put some title at the top of the page, "Phonebook Assholes?"

JL: I don't know that it was the title.

PH: You and Detective Smith would always come to a meeting of the minds? [...] Were you present at an interview with Mr. Hope and the defendant was never identified as a scumbag? [...] So Mr. Hope is lying?

JL: He's inaccurate.

Harris now moves onto Captain Curcio and the "30 minutes." Harris asks Detective Leslie to reread (either an interview report or prior testimony) There is a question as to whether Mr. Brown was indicating that 20 minutes past since he retrieved Lauren's body or 30 minutes had past since Captain Curcio had interviewed Brown. Then 30 minutes after she was taken out of the water.

PH: Captain Curcio said the father said, "Hurry up! Hurry up!" It's in the report? [...] Captain Curcio indicates he described him (Brown) as "dazed" twice, in the report?

Now Harris moves back to the search warrant and whether Leslie wrote out an affidavit.

JL: Yes. It's a synopsis of probable cause that we're presenting to a magistrate.

Harris points out that he put quote marks around the word "counseling."

PH: Do you remember her name?

The jury offers up the name.

JP: Whoa! Whoa! No comments from the peanut gallery!

(This was pretty funny when it happened.)

PH: Based on your interview at the school, she didn't run around, but Sarah Key-Marer told you that Lauren loved monkey bars, but it's the opposite in the search warrant. [...] You wrote in your affidavit that Lauren was lazy, wanted to be carried? [...] Ms. Key-Marer said both?

JL: She said (she was) active, but not hyper-active.

Harris moves onto the information about the cell phone call, and that the owner of the cell phone said in his interview that his (Brown) eyes were wet.

JL: I remember hearing that but I don't believe it was in that specific interview.

The name Bruce Beckler is brought up and Hum asks for a sidebar. Ted had left sometime earlier but I didn't see it. Now he's back inside the courtroom. It appears Hum won that argument.

Now going over Jeremy Simmons statement about the cell phone and wet eyes.

JL: I see that written. I know there is a typographical error in Mr. Simmons statement but I believe it was when it was "not crying."

CH: Objection!

JP: Sustained.

PH: you heard him testify that when Brown came back he said his eyes were crying?

(I don't remember that as being correct. I just remember him saying his eyes were red.)

Harris now moves onto the work that Deputy Falicon did at the scene. Enlargements of possible shoe impressions, foot prints are up on the overhead screen but I can't make heads or tails of any of it.

PH: You can see a number of footprints on that photo?

JL: I can see some disturbance.

I think Harris is trying to say that Falicon made the impressions himself.

Harris is now going over other photographic evidence.

JL: Testimony.... I remember there was a marker six feet from the edge.

PH: Do you remember me asking you if someone was throwing an object from a sloped area, the person would go forward?

JL: I remember you asking me that.

Harris asks another question about the condition of Lauren's body.

JL: I don't recall there being any blood or tissue under (her) fingernails.

PH: Charles Mankie (sp?) [...] He had seen them tat day. Did you take that info into consideration when you recommended this case as a homicide? [...] that he told you he saw Lauren in front of Mr. Brown on Inspiration Point?

CH: Objection!

JP: Sustained!

PH: When you interview someone, you try to determine if they're credible?

JL: I don't know if I was trying to recreate. I was trying to (?)...[...] There were a number of people who saw different things.

PH: Did you also speak to Eric Carter (sp?)?

CH: Objection!

JP: Sustained!

PH: To your knowledge, when was the last time you talked to Eric Carter?

JL: I don't know.

PH: How about Menkie (sp?)? [...] You never re interviewed? [...] What was the reason you didn't re interview Mr. (?)? Was it because it didn't match up?

Harris moves onto crossing about new features at Inspiration Point.

JL: He told us he was sitting in an area that was "U" shaped.

PH: In fact that area actually contains an area that's shaped like a V?

I happen to look over at the jury. Alternate #4 smirks and lifts up his arms slightly as if he's totally exasperated.

JL: I agree that of the U shape, does contain an area that has a "V."

PH: One of the things Ms. Key-Mar told you was describing his (Brown's) activities? [...] He had taken Lauren to a friends overnight and that Mr. Brown just left her? (With a Mr. Jack Deitster (sp?)

JL: She did in fact tell us that.

PH: In a prior trial (oops! He wasn't supposed to use the word trial!) you testified that you spoke with a Mr. Deitster about whether or not Lauren had been left (behind)?

CH: Objection! Relevance!

JP: Sustained!

Harris asks the detective who else was at the scene during the rappel down the cliff face. And that there was a discussion about the case? And you said, "Don't worry about the cost, spare no expense on this case?)

CH: Objection! (several grounds)

JP: Sustained!

(Even if this statement is true, it's totally understandable that the Sheriff's office decided to investigate this death to the fullest extent.)

There are questions about whether or not a video of the rappel was taken and what date that occurred.

Harris asks the witness about when he asked Ms. Key-Marer to tape record any phone conversations with the defendant. It was three days after Lauren's death.

PH: Did you ask her to keep a record?

JL: I think I might have. I'm basing that on my prior practice, but I don't recall specifically asking her.

A series of phone calls (were?) played 12-12 phone calls.

PH: Do you have any frame of reference of when those phone calls were made? [...] How do you know? [...] It was noted in your notebook?

JL: We had provided tapes and the tapes were dated.

PH: How did you know? [...] You gave her tape on a specific date and picked them up on a certain date? [...] The only thing you have to go by is a note on the tape?

JL: As the tape got filled, it would have been documented the dates it covered.

PH: IS there a way to tell if those phone calls were made one after another?

JL: No, it was just a digital recorder. It didn't have a date stamp.

PH: Do you recall in your notes that you picked up a journal from her?

Harris is now going over a phone call that Mr. Brown did call Ms. Key-Marer (that I believe) the prosecution did not present, that was recorded.

Defense Exhibit "FF." Harris wants to play a CD of calls collected by Detective Leslie; a tape of three phone calls from tapes collected from Ms. Key-Marer.

CH: Yes, your honor. I think we need to approach.

(The defense doesn't have a transcript of the calls to give to the jurors. Unforkin' believable. I learned in Fidler's courtroom that it's law, that all audio and video recordings must be accompanied by a transcript! I can't believe the defense doesn't have this prepared!)

Judge Pastor rules that all recordings have to have a transcript. Pastor states that both sides will stipulate that at a later point in time, a transcript of the audio recordings will be given to the jury.

The defense brings their laptop to the witness stand.

(I try to transcribe what I hear. Understand that I can NOT guarantee the accuracy of my transcription of any of these calls.)

"This is Cam.
I'm Sarah's mother.
Okay, I'll call back.

Morning Sarah, this is Cam. Haven't been able to call because I've been busy. Every one's grieving and it's hard.

Then a third call is presented, of Ms. Key-Marer back to Mr. Brown.

Cam, it's Sarah. I saw you at the viewing tonight. [...] Respect our wishes and do not be there for my family's sake. Please don't be there.

PH: Mr. Brown respected her wishes and did not come to the funeral?

JL: To my understanding, that is correct.

I see that Sarah has her hand on her face, looking down.

There is something that Harris brings up, but my notes are not clear. My note reads: This is a place where everyone comes to sue..."

Cross is finished and redirect begins.

Hum goes back to the search of the Brown's home and finding the pictures of Ms. Key-Marer in the suitcase and the black candles and black porcelain figures under the Brown's bed.

CH: Did you find a number of books on witchcraft?

PH: Objection!

JP: Sustained!

And that's it for this witness. I believe his testimony is finally complete.

I think Judge Pastor or Juror #3 quips that they are not going to buy lunch (for the other). Judge Pastor informs the jury that they are ahead of the plan on this case. The jurors will be off on Monday. He tells them to please feel free to go back to work. They will not be in session on Wednesday, August 19th, because that's a staff furlough day. Judge Pastor thanks his jury for their patience. They are ordered back at 9:15 am, on Tuesday, August 18th.

Judge Pastor tells counsel that Harris and Hum can communicate via email on Monday. There is no need to come to court. He recesses court until Tuesday, at 8:45 am, and they can discuss jury instructions off the record. Judge Pastor states he has a preliminary draft of the jury instructions, but his computer would not print out past page 11. Before Brown is taken out by Sheriff's, Harris speaks at length with his client. And that's it.

(On Tuesday morning I find out that court is not in session because a juror was ill. Court resumed Thursday, August 20th.)

On Saturday, August 15th, I woke up sick with a sore throat. I was still sick when court resumed on August 20th. I believe the prosecution rested their case on Thursday after calling their trajectory expert, Dr. Hayes. I believe the defense began their case on Friday, August 21st. My understanding is they called two witnesses. If/when I get back to court, I will find out the names of the witnesses whose testimony I missed.

I wish to thank Denise Nix of the Daily Breeze for mentioning T&T in her latest article on the Brown case.


KC said...

Un-forkin' believable indeed! And, where is Harris going when he gets Det. Leslie to admit that, in their own notes on a case, they consider this one or that one an "asshole" or "scumbag"? You know, I might not WANT the jury to be aware that that is how 2 v. exp. detectives view my defendant and/or witnesses!

Omama said...

Wow! What an explosive day of revelations. For some reason, I got very emotional when reading about the contents of her lunch pail. Poor, little thing did not even get a chance to eat her lunch before she was killed.

So let's see:
A. Brown is broke
B. Patty wants custody
C. Brown does not want to pay CS and does not want custody
= pretty solid motive in my book

You make mention on several occasions of the fact that some jurors are not taking notes. Being a season trial watcher, is this typical? What if anything do you make of it?

Sprocket - Thanks again for the amazing coverage.

Sprocket said...

I don't know that too much can be read into note taking or not note taking. It's just an observation.

For example, in the Spector retrial, Juror #7 took a lot of notes but I believe that was because she planned to write a book.

In the first Spector trial, Juror #10 took so many notes he filled up 13 spiral notebooks. He was the lead not guilty vote in the first trial.

The juror could be someone who doesn't like to rely on notes or it could be they've made up their mind early on. It's hard to know until after they are interviewed.

Sprocket said...

Spit-Balling Commentary:

It's been alleged on other web sites that Sarah Key-Marer lied on her income/expense statements to Family court. That she claimed single status when she was married, and that she listed joint expenses for her household.

It should be noted that the DISSOMASTER program does not consider marriage status into it's calculation, so the marital status of Ms. Marer is a moot point.

As far as claiming the joint expenses, we don't know if Sarah is joint tenant in common on assets with her husband. If she is, those are totally legitimate expenses.

We do know however, that Brown in his own income and expense statements claimed expenses on property that he did not legally own.

He also claimed his income was reduced due to an injury and that was proven to be false by the testimony of the AA employee and payroll documents.

Jobeth66 said...

Sprocket - that's one of those things that I found amusing. Ted has been foaming at the mouth about Sarah's "lies", yet when I again pointed out Cam's lies on the other blog, he completely ignored my comment. Lots of lies and obfuscation coming from Team Cam.

Omama said...

Sprocket - are you totally caught up now with postings?

Sprocket said...


Yes, I am totally caught up with the days of court I covered.

I am still very sick. I've developed a deep cough that is lingering and not responding to treatment. Hopefully, I will be well enough to return to court on Sept 2nd. If I still have a cough, I could not sit in the gallery because it would be a disruption.

Omama said...

I'm sorry to hear that you are still sick. Get some rest. Hope you feel better soon.

Sprocket said...

The testimony by the American Airline employee made it clear that when and employee sustains a work related injury, they meet with an injury review supervisor. At that time, their benefits (and what they will/will not) be paid are explained to the employee at that time. The employee signs the document stating they understand their work-related injury benefits.

Brown had 11-12 such work-related injury documents in his file. He knew that American Airlines paid his full salary for 80 work days when he sustained the back injury. He signed the document, indicating he understood.

Telling the Family Court judge he "didn't know" if his salary would be reduced was obfuscating the truth.

KC said...

That's a lot of injuries, even for this line of work (I have to lift 115 lbs myself, and I'm a small female)- I've had one thrown-out back muscle since 2002 (treated with acupuncture-worked!). I'm thinking Mr. Fraudulator, here, which goes with all the rest of it. Maybe he likes pain meds? Honestly, if this guy says it's sunny out, put on your galoshes...