Tuesday, May 17, 2011

Closing Arguments Part II: James Fayed Murder-For-Hire Trial

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You are forewarned that these are ROUGH DRAFT notes and have not been edited.

I’m in 109. I’ve been her for about 15 minutes catching up on my E-mail. One of the camera guys was chatting with the the court reporter about her remote microphone for sidebars and I think she said that what he recommended help.

9:15 am Dixon arrives and takes a seat in the back row.

Jackson comes in not log after. He goes over and sits beside him. I hear Dixon great Jackson.

Dixon. Hi. How are you. Very nice argument.

Meister is here but no Werksman. Greg Fisher from CBS is here and joins the three cameramen huddled by

Harmon wearing an really nice black suit, white shirt and a gorgeous yellow tie. Jackson is in a black suit and white shirt also but he’s wearing a pale violet tie with a faint geometric pattern.

Pat Kelly from the PIO is here and she sits off to my right. Greg Fisher comes over to chat with Scott Goudie. Werksman is here and I didn’t see him come in.

9:22 am. I “think” I heard Jackson call the female clerk Monique, but I’m not positive.
Scott, his wife and two sisters are here. Greg now talks to Dawn and Gretta.

Sgt. Parra. This is the short haired salt and pepper female Sgt. I mentioned seeing a few days ago.

Harmon’s tie is a gold tie. I see it a bit closer.

Werksman is defending one of the “former” Bell counsel members.

Lonnie Franklin, ALLEGED serial killer is also in Kennedy’s court as well as the Bell city counsel scandal.

Women in Oregon linked to Franklin.

9:36 am: Jurrors are called in.

Jessica from DATELINE is here. The jury files in and gets settled.

Courtroom almost empty.

Kennedy in all black, black top.

Harmon continues with his closing.

Regarding the 15 minutes that I have left of closing mentioned yesterday. If you've learned anything from attorney's, it's about two times that

You were given two different doors (by like?) Monty Hall, the matrix. one laid out in great detail.

And one door by Werksman, NOT confessing, because if he did, Mr. Smith was ominous and was over boding, or if he did, then he took it back because he wanted his money back. And then his sister claiming the other sister (wanted to hire her husband). Two drastically different versions, only one is reasonable.

Let's go through if we could, I think you might be all power-pointed out, (but) it will help us all brifely know what (we're talking about).

Harmon shows on the screen Fayed's various statements heard on the in-custody taped recording via Shawn Smith.

I didn’t know what was going on.
Okay I did plot her murder but,I withdrew.
I didn’t know what was going on.
Okay I told....

A an image of a food buffet is put up on the screen.

It's kinda like a buffet of reasonable doubt. (Mr Werksman's) trying to present to you a buffet.

You can’t have cake and a piece of shrimp on the same plate. They don’t get along. What does the evidence tells you that James Fayed is the mastermind.

A list on the screen of the things that Mary Mercedes, if she is the mastermind, doesn't have.
1. The motive
2. confession
3. contacts with the killers

MM didn’t even live in CA until 180 days before Pamela Fayed was dead. He was living with her all this time. (The foul language that Fayed calls his deceased wife.) The language doesn't matter what matters is he did it. That’s what matters.

Fayed statment on tape "Ok I did plot (to kill) her but..."

Fayed is asked point blank if Mary knows anything about this.

F: FUCK no. My sister doesn’t know anything about this.

I hate being the only person who knows anything about this.

Mr. WErksman says that F didn’t know about the plan, and so that explains that he didn’t know about Mary’s plan.

Mary said that she has nothing to do with it. absolutely not.

Fayed’s shit-lits?

When heis sitting in jail, what does he do, come up with a hit list.

IF MM had anythi n to do with this, she’s been thrown under the bus here, what do you think that F whould have done? put him on that hit list.

Mr J went into great detail, don’t want to beat dead horse, but Patricia, the timng is suspicions.

But its only after she’s told there is a lot of evidence, and that she may be facing the death pealty.

This is Mr. F guilty. We’re trying to present the only evidnce that convicts him only.

She didn’t act like someone who heard what she said she heard.

Didnt tell pam hisband authorites.

then AFTER the murder, she didn not hell husb auth custody lawyers, fayed, his lawyers, fonfirnto mar on telephone.

Her sister, MM, had custody of Gigi, regardless, if you had concerns, you would call that custody lawyer and that call was never made, never mad.e

And never call his lawyers.

Why didn’t she call them and help her brother get out of a capital murder charge.

If a loved one of yours was facing a capitol murer, you would go down there and pound on the door and find a way to make this information work . She did none of that.

We had a wire tap on her phone. She never said anything to Mary.


Nothing in writing, And then she decided to leave it up to mary. How would that work.

If you truly believed that mary did it, how would that work. (supposedly called lawyers left mssg and then elft it up to mary.

Had a normal relationship with Mary for years. Christmas, days on end. Brought this woman in to her home to spend christmas.

She doens’t share the same motive, didn’t have antything to do with the confession and her contact wit the killers, pales in contact.

Moya was his righthand man and go to guy. Extrodinalry trst.

Control of warehouse.

In Moysa livingrom ther was a safe that had six million dollars in it.

MM didn’t have a spcial relation of extrodinary trust, she didn’t have him as a go to man, HE DId.

She doen’t have enough money to pay JM. to pay what James Fayed was able to do?

He’s the guy who had the means to do this and hes the perso who did it.

Moy would not think that she ahd the money.

Think about this, if you’re moya.

You don’t trust her. She doen’st have the money. She’s living in the bosses house , just like you are (think like moya0

The texting. Fayed calls moys moya calls fayed. Then 39 minutes before the murder, these guys are texting each other.

We know thest text message happened. from 7:16 pm and 9:00 pm.

He deleted them, not just from one phone but from two phones, if they are as harmless as Mr. W said, then why did he keep the ones from his daughter.

I submit to you thata you know how these messages are delteted.
Werksmans submitted to you that we don’t know how they were deleted.

AS dylan, you don’t need a weatherman to tell how the wind blows. You know how they were deleted.

Sitting at the conference room, wife sitting across the room, so you want to withdraw from the murder, so you send a text message. Why don’t you just walk her to her car? Lets go get coffee.

If he want’ to prevent. why get rid of them? Then show them.

But I’m saying that there’s another reason, that reason has to make senes , and it doesn’t.

Mary was the last person to have contact with JM before Murder.
6:00 pm 30 min before MM. it lasts for 1 minute. Withic EDixon told you, 1 minute is not long enough to have a conversation. Most of the calls he sees, are over a minute.

but in his exper, it takes more than a minute to have a completed conversation.

Later, at 10 pm, he calls his voice mail.

That tells you that mary’s call went to voicemail. It sat in his pocket while he was lying in wait waiting to kill.

The other call is equally intersting.

3:07 pm that’s when MJ makes a call to MM. they hadn’t spoken i ndays, they had spoken four days beofe on a push to talk like on walky talky.

Got infor she was at rance.

JM at 3pm is on Santa monica blvd. because we know that bc, he’s already on the move. with thekillers. HE’s already going to the scene of the crme.

If M had a hand in this there would be some evidence, before this day?

This is a plan that he had at 9 am, to drive down here and be here. There is no evidecne that she had anything to do with this.

JF calls in red. on 25, 26, 27, 28th & 29. Fayed at 20 on day of murder

5 day before
4 on the day before that.

That’s the man who was planning the murder.

Text messages JM. I set up four clean opportunties. On the day before he sets that up. He’s talking to JM. (4th of July.

Who does moya call on the forth, Gabrile. Then who does he call right after that? JF.

She didn’t not have the same motive, no money or the same contact with the killers.

Okay, but I withdrew, okay ,but I said I wanted my money back.

There’s a pretty demanding legal stand that you have to meet, before you excause excape from a crime.

then I in good faith, got out of it, NG because I got out of it.

Werks man talked in full volume talking abou the other facts because SS is intimidating, when got to volume of jury instruc.. his voice got way down.

LEts assume that he told everne of his intent. the second he has to do is do everything in his power to prevent the commission of the murder. Everything in his power.

So what did he do?


If he truly was conspriing and wanted to withdarw, there are many things he could have done.

Sitting in that room, he could have confessed to her, and told her she needs to be escorted out of here.

but instead he does nothing. He lets her walk out the door to her death.

Is there anything to back that up.

conspiracy is complet upon the commission of an overt act.

That means if you consipre and ten that person doesn’t an overt act, they try to get it don,e the conspiracy is done. the agrement and the overt act. Your guilty.

So how would that apply?

He enters inte conspiracy

those guys get into hte car to do the deed. they get in a werek on the way, and the murder never happens. the men are guilty, he is guilty,

They took their plan, put it in motions. That’s completion of the conspiracy.

when he starts saying on the tape, I wanted my money back I’lltake my chances in court tomorrow.

What he is telling SS is that he withdrew and

thought he was frickin’ celebrity in here. I want 2 thou on my books at all time.
He went from the smartest guy in the room to a laughing stock.

Mr. F went so far to say I’m a detail person.

He gets so embarassed by the fact that Pellicano thought he was a total idiot, that he goes so far to show that he din’t plan it out this way.

He’s frustrated that they botched this. He’s embarassed.

I was waiting and waiting but they chose the day before my court hearing in the busiest area in LA.

STill would have done it but not this way.

When day before his divocre hearing he had a rock solid alib, wher far form his home how did they know where she wuld be? or where he would be.

He ahd to coordinate to them where he would be and where she would be so, he didn’t withdrawal.

39 minutes before the mureer, he stats text messaging with JMoya

A wper hwo honestl abandoned a plan to murder hs wife oes not turn around and solict another person to COVER YOUR TRACKS on the murder.

on one side of mouth withdrew, but on the other side, he would do it all over again anyway.

He’s frustrated that he botched it.

I said foret it man. you cant this had to be this isanthis either you know , clean or nothing. Forget it. I’m going to court tomorrow.

He’s telling them, do a good job. do it right. then he shifts and sai, forget it, I’m going to court tomorrow.

This is waht JF is telling SS that he supposedly told Moya.

Deisree comes in 10:09...

So, where is Moya’s money, why didn’t we find a bunch of cash in Moya’s ouse.

Well Pamela’s dead she was slaughtered on that day.

Someone was paid to do it. Even by Werksmans’ own admission. I thought that he paid him that he witdrew and wanted his money back. See? that doesn’t make any sense.

Fayed said, he paid moya months before.

You saw evidence that he had to subcontrat onther people months before and had to pay these people.

And moya had asafe in his house that had more money that we would make i na year or the next ten years.

Then I felt like alice who fell down the rabbit hole.
about the tape

Did he look like a person.

I got second place in debate, but I’m still angry about that.
Can I still say the word, about this picture.
His behavior

He’s not even puzzled by what’s causing mass hysteria over to the right.

I don’te even need to explain this (thing)?

Goes over the verdict forms.

I suggest you put aside all of the not g forms, and focus on first degree. just by virtue of sigining, you will have rendered your verdict. and the special circumstance by means of lying in wait and for finacial gain.And then justice will be odne.

Count number two, will not be reached, because you will be convicting him on first degree.

I’ve talked a lot about gold, family and pictures, not to inflame your passions, but to prove to you, this was a human being that was murdered.

sometime thoughout that trila we’ve refereed to her as avictim, that sometimes we forget that she was a human being.

The reaon we shoed you the gold, was to show you why Mr. F did what he did.

That wehn compared o this, .... this doesn’t mean anything.

(verdict forms)

So when mMr F has a life that he wants to get back to a family that he want s to get back to...

No, He HAD. He HAD.

His sister said, that money enslaved him. That’s what he gave up.

there are times when gold means something. 11 years ago firday, the gold ring on my finger, when its connected to a person. Whe I graduated from law school, my brother bought me a gold pen, it means something. these gold bans, gold frames, they mean something when they are connected to a person.

So when he says, he wanted to get on with his life, the onlything that’s keeping me alive in here is the thought of getting on that bike and riding around.

Wel, theres a lot poeple who would like t trun back that clock, who wouldn’t want me talking to you and this would never have happened.

Well, that was Mr. F defining moment.

so many of you may never sit on a murder case again. So you have one time, where you will isten to this evidnce, and came together as a group, and signed here, and fidn Mr. F guity. This is your defining moment.

M.r harmon, could ou please move that screen back out of the way please?

We’re going to read the remaining jury instructions on page 16.

Clerk swears bailiff Shawn.

I do. Sean Ken???

Instructs jury on they can eat and drink beverages there...and listen to tapes

However, No smoking and must wait until jury takes a break.

Hours of deliberation.

The hours of deliberation are the hours of the court.

Most eeryon but #8 might have been here at 9:15 today.

But what is goin to oinconvent other members of juryt cannot delierate until eveyr singe one of you are here. You time is very important you way from jobs our away from families and comcommon courtesy if nothing more, it’s oimportant to be on time. for the sake of eah other, if your to be ehre at 9 am, if take break, and its’ 15 minutes be back in 15 mintues.

be here at 1:30 for lunch for the sake of your fellow jurors if for nothing else.

you can’t discuss the case with some of you are there. so please refrain from the temtation.

you can only discuss the case when all12 of you are back in the jury room.

take your notebooks take jur instr take transcrpts all of that material when oyu go on a break, elave all that in the jury room

No one bu you 12 jurors and the bailiff.

At end of the day, leave it all there, don’t talk about it and then enxt day come back and start fresh.

ask alternates leave your notebooks and binders on the seats. going to ask you to step out into the hallway, and he will give you further instruction.

Jurors go into jury room. Alternates go out into the hallway.

all jurors and laternates have left the courtroom.

If they met with your approval I ask counsel t initial the back of the verdit forms please.

So, all counsel

went in jury room at 10:31 am. But no buzzer started.

Counsel all sing.

Assume that all exhibts are back in the binder.
and mr harmon and mr jackson is there a computer or something for them t use.

We will provied that, all we have to di is get otice from the court. that is a clean computer, maybe placed on CD player,

Whatever necessary. I know I’ve had trouble playing some of these CD’s on the.

Mr. W and mr meister, are you aksing to be on some call.

Our office is 15 mintues away, in the wors, if we could sty in touch with the ocurt.

Makre sure lori has cell phone,

Will the court concen at end of each day to excuse the jury.

the usual way is that we don’t go back in session.

they’ve been admonished.

I assum that th is satisfactory with you? yes.

People. Yes.

Can e also requestion a read back

I’ve never dont that in a capitol case.

I’ve always been told that, the defendta had to be present in a capptol case, JK

As long as the defendant has waived his presence,

the peole have apostion about tha

Harmon have one moment your houon.

I’d rather he be here AJ. I know that I talked

I’ve never don that on a capitol case. JK

I’d hate to be the inconceniett one., AJ

JK I hate to take unnecesary chances.

The conspiacy verdit form. Jackson has a problem with the secondary causes on form.

people want to be present when preent being reached.

howeve,r i wil idnicat eto you, that, as much as I’ willing to accomidate to get to courtroom, I don’t like bieng in a situation where I verdict reached at end of day, because if somethng happens overnight before verd tiake we dont have a verdict.

weve spoken with family they ar mindful of that.

Oboulsy will tyr to give pople as muc hnotic as we can.

people have a right ot be here.

apprciate court sconsideraton i

prock that people have phone ubmers in even of q;uestons.

Look at count two of veridcit.

JK You’ve revised it?


I go over to Pat kelly to ask her to aks the clerk about if the jurors have been instructed on the jury buzzer , and what the various buzzes will mean.

Judge kennedy off the bench.