Fayed Murder-For-Hire Opening Statements Day 1 Part I

James Fayed, left, beside his attorney, Mark Werksman during opening statements. May 4th, 2011, by Al Seib, L.A. Times.


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May 4th, 2011. As usual, my husband and I got out the door late. No matter how many times I tell Mr. Sprocket that we have to leave by a certain time, you can bet that we will leave at least 5 to 10 minutes later. I’m fortunate that when I get down to the train platform at the Red Line North Hollywood station, there is a train waiting and the doors just closed for the security check of the train. I will hopefully get inside the courtroom right at 8:30 am. The woman sitting beside me on the train is using a tiny laptop. It looks like a miniature version of my iBook. I’m hoping we can eventually afford to get me something a bit lighter to carry to court, but will still give me Internet and E-mail for those times I can report on my laptop.

Three other accomplices have been charged in Pamela’s murder: Jose Luis Moya, Gabriel J. Marquez and Steven Vicente Simmons. Those defendants will be tried in a separate case. Newspaper reports state at least two doctors came to Pamela’s aid before she succumbed to her injuries. Video surveillance captured the image of one of the assailants.

The murder left behind the couple’s now 11-year-old-daughter, Jeanette, and Pamela’s daughter from a previous marriage, Desriee Goudie, who is in control of her mother’s estate and interests in the precious metal business.

Inside the downtown Criminal Justice Center (CJC) I ride the elevator up with two cameramen and their equipment. As we both walk down the right wing hallway from the elevators, I ask them if they are here for the Fayed case. They tell me they can't talk about it. I ask them "Can you at least tell me which network you are with?" "NBC," one of the guys replies. I make an educated guess that this will be for a Dateline show.

When I get inside 109 the courtroom is almost empty. I take my favorite spot in the gallery: second row, right in line with the witness box. The late Vanity Fair writer, Dominick Dunne told me that was his favorite place in the courtroom to sit. Since I got to sit beside him through most of the first Phil Spector murder trial, I've adopted this practice. It gives me the best view of the witness and the best spot to hear their testimony.

As I sit down, I see DDA Eric Harmon for the first time. I immediately try to pick an actor that Harmon resembles. First off, he's tall and slim with medium brown hair. I think he might be taller than DDA Alan Jackson. His hair is cut short, but a little longer than military short. He's wearing a black suit, standard white shirt with a maroon tie. As he sits down to speak to Pamela's family (I later find out the two people there are her sister Dawn and her brother Scott.) I'm thinking Harmon looks like a cross between a young Kevin Bacon or Kevin Costner.

I knew that Judge Kennedy's clerk, Lori would be on vacation this week, because I spoke to her previously about whether or not reporters would be allowed to work on their laptops during the trial. The clerk who is subbing for her is from Judge Perry's courtroom and her name is Alberta.

I recognize one of the female sheriff's currently in the room who I've seen around the building and during Spector. She has salt and pepper hair, wears glasses. Her name is Sonjia (sp?). II overhear a reporter introduce herself to one of the counsel. Her name is Jessica. I later find out she is with Dateline (my hunch confirmed) and they will do an episode on the case. This explains the two cameramen and all their equipment.

There are very few people here. I hear the bailiff addressed as "Shawn" but I don't know his last name or how his first name is spelled. Although this case had some media attention and newspaper articles at the time of the murder, there's been very little coverage of the case since. This case is like many that pass through the courtrooms on the 9th floor. There's not a lot of press or public following the case and the gallery is not even half full.

Pat Kelly from the Court's Public Information Office is here and I listen in to a bit of her conversation with someone. (My notes don't say who.) The camera crew is only going to film the opening statements, closing arguments and the verdict if there is one. Pat Kelly says she's never been in Judge Kennedy's courtroom before and goes over to the clerks desk and introduces herself to an older woman standing behind the clerk. It's Judge Kennedy. I did not know what Judge Kennedy looked like. Although Judge Kennedy did have a robe on, it was not zipped up in front at all and at first I thought it was a long, loose fitting knit cardigan-like sweater and that she was one of the many people who work behind the scenes in Judge Kennedy's court.

DDA Deborah Brazil (who is the co-prosecutor on the Conrad Murray trial) is in the courtroom. I know she's not a part of this case so I make a guess that she is here for a pretrial hearing in another case. Alan Jackson hasn't arrived yet and my notes say, "We're not waiting for Jackson." I have a memory that Judge Kennedy said that.

The cameramen are setting up and the still photographer from (I think) the L.A. Times is asking where he can set up. He asks Pat Kelly if he can stand in the area between the jury room and the jury box. Pat gives almost a chuckle and a slightly drawn out, "Nooooo." She then tells the photographer where he can set up his tripod in the gallery. I note that there are no cushions on the long benches and I know that this will eventually wreck havoc with my back. The potential saving grace is the trial is expected to last only three to four weeks.

The defendant is brought in. He's only 48 but he looks at least ten years older with short gray hair and a receding hairline. He's also grossly overweight; fat. He's wearing a brown suit, white shirt and a brown and white pokadot tie. When he sits down and I have a side view of him from the gallery I see a strong profile resemblance to the actor Charles Durning. The only difference would be Fayed's coloring is much darker.

Looking back at the gallery, there is hardly any general public. There are reporters in the room and people who look like they are court personnel or on the DA's staff. There are some people who also look like defense attorneys.

There is a broad shouldered, barrel chested bald black man sitting at the prosecution table. He's got a rolling cart beside him and I note that he's placed his nice hat on the handle of the cart. I guess that this is a detective and I later find out I'm right. (Several of the reporters ask for his card at the first break and so do I because it was clear we would not get the spelling correct when his name was said on the record. He's Salaam Abdul-Rahman, and he works for Robbery Homicide Division, Homicide Special Section.)

A nicely dressed black man enters with a briefcase and sits next to Ms. Brazil and they start to chat. He got my attention because he's bald, and from the back I could see that he has a very fine line scar running horizontally all around the back of his head. Watching the pretrial hearing in the other case, it's clear he is a defense attorney.

Judge Kennedy takes the bench, but there's no one at the prosecution table. Jackson then enters 109 and Judge Kennedy asks Jackson where Mr. Harmon is. She's obviously not happy. "I come on the bench and no one is here," she says. She's ready to start and the prosecution isn't ready. Someone gets up to go look for him in the jury room restroom. Jackson tells Judge Kennedy that he saw him just a moment ago in the hall. Less than a minute goes by and Harmon enters. "Mr. Harmon, you picked a most inopportune time to leave the courtroom," the judge admonishes. Harmon apologizes and informs her that he went out to get some water.

I take the time to try to get a way to describe her. Even though her robe is not zipped up she still has a commanding presence on the bench. She's wearing a white blouse and I can see she has some long earrings on and a necklace. In the florescent lighting it looks like she has light brown hair with highlights. She wears thick bangs and her hair stops right at her shoulders.

There is a pretrial motion that they are handling before they start opening statements. It's a defense motion-in-limine by the defense. From my scrawled notes I believe it's the prosecution who agrees with the judge stating, "Her statements of being afraid of the defendant are not admissible." But the prosecution is trying to get in the victim's actions in the months before the murder into evidence. Harmon states that a witness by the name of Scott, a gun store owner, will testify that 60 days before the murder, Pamela came into his store and bought a handgun. Harmon also mentions that she talked to her friends, requesting to be walked to her car, and (requests? questions?) to friends to maintain her safety. The prosecution argues that conduct is admissible, but agrees that her statements are not. The prosecution argues that there is consistent case law that allows this information to be admitted.

Harmon mentions a Keith Lore (sp?) who will testify Pamela Fayed was contemplating becoming a witness and she decided to arm herself. She wanted to be walked to her car.

Judge Kennedy asks for specifics as to the actions.

Harmon mentions this occurred at a 2nd grade science fair. The question, “Can you walk me to my car?” Harmon argues, is not hearsay. It was in April that she went to buy a gun. When she was killed, she did not have a gun with her in her purse at the meeting with the attorney’s. She didn’t have someone walk her to her car.

The defense attorney, Mark Werksman argues that this evidence is absolutely irrelevant. totally irrelevant whether she feared for him. “It’s a red herring.” There’s no relevance to her buying a gun. She was not attacked by (firearm). There are no allegations that he (defendant) hurt her or used a gun against her.

There’s more argument back and forth and I have the note by Harmon, “She believed she was going to a safe area in broad daylight.” The kid’s science fair. He hired Joey Moya to do what he (couldn’t do).

My notes say “lost motions”. Judge Kennedy rules that she will preclude evidence that Pamela purchased a handgun and the science fair evidence.

There is another matter they are trying to schedule and it’s with a case involving the black attorney with the head scar. I note that Ms. Brazil (who is representing the people in that matter) looks very beautiful today. They schedule the other case to come back in three weeks.

Another motion by the defense. Werksman is trying to get in a letter, related to the divorce. Supposedly from James Fayed’s divorce attorney to Pamela’s divorce attorney. It has something to do with the defendant’s future actions to liquidate the assets of the company. It’s part of the strategy of two sides in a divorce. Werksman calls it the “War-of-the-Roses divorce” referring to the movie by the same name starring Michael Douglas and Kathleen Turner.

There was a hearing the next day where the assets were going to be divided (by the judge handling the divorce case).

Harmon argues that this is simply a way that the defense is trying to get in the defendant’s statements into the trial without taking the stand. Judge Kennedy states she needs to read the letter first before she can rule. She hasn’t seen it yet.

Judge Kennedy then states she needs to put on the record “which jurors are sitting in which seat.” Her clerk, Alberta verifies the numbers of the jurors (the last three numbers they are given as an identifier; the jurors names are not made public).

They are now ready to call the jurors into the courtroom. There is a sign on the first bench row ‘No Public Seating.” As they enter, Judge Kennedy tells the jurors they can use that row to walk towards the jury box or they can walk through the well area.

There is a motion to exclude a witness from sitting in the gallery. It’s Pamela’s daughter, Desiree. The motion is granted. Pamela’s brother and sister, who will probably testify as penalty phase witnesses are allowed to stay.

I note that there are more press in the back row. Once the jury is seated, Judge Kennedy addresses them and explains how the trial will processed. She explains the opening statements by both sides, then the evidence will be presented. She reads from a script and tells the jury what are fact and what are stipulations.

Up on the overhead screen, is the first images from the prosecution’s power point presentation of their opening statement. There’s a photo of Pamela Fayed and James Fayed. I believe the photo of Pamela is a DMV photo. The defendant’s photo may be a booking photo. To me, it doesn’t look anything like the man sitting in court.

Judge Kennedy is now talking to the jurors about note taking and the options to take notes or not to take notes. (If you do take notes) “....don’t try to take down every word.” (Our) court reporters, Lori (sp?) and Lynn (sp?) do that.” She explains that they have the training and can take down everything everyone say’s even herself and she speaks pretty fast. It’s a lengthy discussion about note taking. While the judge talks, I note the defense attorney is left handed.

When she’s finally finished reading to the jury her outline of what will happen, the parties present are identified for the record. Mark Werksman and X for the defense; Eric Harmon and Alan Jackson for the people.

I note there are seven women on the panel of eighteen. Two of the six alternates are women.

It’s 9:50 am and Eric Harmon steps up to the podium to deliver the opening statement.

EH: For the next few days, I’m going to tell you a story. A love story. (snip) It’s not your typical love story where boy meets girl. It’s a love story where boy meets gold. It’s that story where (the defendant) hired someone to kill his wife (over that gold).

On July 28th, 2008 around 3:30 in the afternoon, Pamela Fayed went to a lawyers office. Pamela was going through a divorce and she was seeking counsel for a criminal matter. James Fayed was also there.

After the meeting she went to her car on the third floor of a high rise parking structure. She got to her car and she was confronted by a man who was a foot taller and 70 to 80 pounds heavier. The man took out a knife and stabbed her thirteen times.

There’s a photo up on the overhead screen now of Pamela stabbed. It’s only of her face and neck and it’s horrible. Her face and neck are brutally slashed.

Harmon goes over the charges the defendant is facing. He’s facing first degree murder, conspiracy to commit murder, and the special circumstances of financial gain and lying in wait.

The defendant is 47 years old and was married approximately eight years to Pamela. He and the victim had one daughter together, Jeanette, who they called “Gigi.” Fayed had a stepdaughter, Desiree.

Fayed was an internet gold entrepreneur. In 2008, he was under indictment by the FBI. White collar crimes of money transfer. (My notes are not clear here about what Fayed did for a living. Something about high-volume? high voltage? technician and amateur coin collector.)

Fayed met his future wife in 1998 and married in 1999. James and Pamela had a daughter in November, 1999. (I’m not sure if this is month is correct; I have another note on another day that places her birthday in January.)

Up on the overhead screen are photos of Pamela and Desiree. I recognized one photo that has been traced to Desiree’s fFacebook page.

The company Goldfinger Coin & Bullion was established in Delaware in the late 1990’s. I believe Harmon says that the Internet portion of the company eBullion was incorporated in Jamaica.

In 2001, Fayed filed for incorporation. The corporation documents state Pamela Fayed was Vice President and Secretary of Goldfinger.

The Internet site held accounts to be backed by gold. The company would buy gold on their behalf and hold it for them on their behalf. The account holders could be anonymous. The transfer of funds, the transfer fee was only 2 percent of the amount transferred. This was apparently lower than the competitors and very lucrative.

From 2001 to 2008 there was 1 billion in transfers and 20 million in fees that went to Goldfinger. The company took in (in fees?) 155 million in 2007 alone.

The couple purchased a house in Camarillo. They later purchased a large ranch property, over 200 acres called Happy Camp Ranch. There are photos up on the overhead of the large house on the property and also a “ranch hand” house where Jose Moya, Fayed’s employee in his Goldfinger company lived.

Things started to unravel in 2007. Relations grew tense between the couple.

They had a 156% return they enjoyed. It was “too good to be true.” The FBI was investigating them (Goldfinger in relation to another company) that Fayed was (helping?), a Ponzi scheme.

Money was being transferred around the globe. It’s a violation of the law to do that without a license.

In 2005, (Pamela) found E-mails where Fayed acknowledges he’s helping (another company?) in Ponzi schemes.

In 2007, the US Attorney’s office in California and the FBI opened an investigation and shut down another company, (E-Gold Bullion Exchange?) located in Utah. A woman involved in that business (I believe a friend of Pamela’s), when her business was shut down, she called Pamela and told her she needed a license or her business would be shut down.

On October 6th, 2007, 296 days before her murder, Pamela wrote a check for $400,000, trying to make the company legitimate to purchase a money transfer license. Around the same time, she hired a criminal defense lawyer to protect herself.

She took those E-mails she found and put them in a storage unit to protect herself. The couple continued to fight over control of the company and it’s assets.

The animosity between the couple heightened. Fayed retreated to his ranch with Jose Moya. Moya was a Goldfinger employee who ran money and gold to and from the business.

298 days before her death, the defendant filed for divorce. He claimed Pamela embezzled company funds. The defendant made out a sworn affidavit that Pamela threatened him.

(My notes are not clear here. Something about 230 thousand in a Swiss trust and a total of 800 M, he thought, ?)

He squeezed them (Pamela & Desiree) out. Desiree had worked for the company. They were both barred from the company; Desiree was fired.

The forensic accountant was able to determine that the defendant was making $124 thousand a month. The victim was earning $8 thousand a month.

In February 2008, Fayed was indicted by a grand jury and the indictment was sealed.

During the divorce, the defendant continues to be uncooperative. 180 days before Pamela’s murder, her attorney filed documents seeking $66,000 per month in spousal and child support. Her divorce attorney requested the judge to award Pamela various sanctions against her husband that totaled near 1 million dollars. That hearing was scheduled July 29th, the day after she was murdered.

In May 2008, she discovered that her (forensic accountant?) had received a subpoena. She met with her criminal lawyer and considered cooperating with the FBI. James Fayed knew she was considering cooperating. Pamela tells Fayed she is considering testifying against him.

He faced the possibility of divorce costs of 1 million, and that she was going to testify against him.

Fayed paid his employee Jose Moya $25,000 to kill his wife. He set it up at least four times. Moya worked for Fayed as a ranch hand at the Happy Camp Ranch and as a courier for Goldfinger. Fayed was a Camarillo gang member. Moya hired two others to help him (in the murder).

(I have in my notes Moya’s niece Marissa Gutterez and that she was dating someone ~possibly Marquez and that phone records document Moya and Marquez were in contact with each other...but these notes are not clear.)

Marquez contacted a friend, Simmons, a gang member.

One month before the murder, Simmons and Marquez were contacted and stopped (by LE?). Marquez was identified as Simmons uncle.

Marquez was the contractor/lookout. Simmons was the stabber.

The meeting with the criminal and defense attorneys was scheduled at 3:30 pm. The crime scene was the parking structure attached to the Watt tower, 1875 Century Park East in Century City.

Jose Moya began his day at 9:51 pm making a phone call. We know where all of them are during the day. Fayed calls Moya at 2:58 pm. At that time, Moya was near a cell tower that was at most, 1.39 miles away. At 3:01 pm Moya calls Fayed; he is less than 1 mile away.

At 3:02 pm, there is a video of Fayed walking into the building for the meeting with counsel. Up on the overhead screen, there are various video clips following Fayed from entering the building and taking an elevator up to meet with his attorney.

At 3:25 pm, Pamela arrives via the parking garage. The video clip is shown where we see her car arrive. The killers drove a red Suzuki SUV. We see a video of where Moya, Marquez and Simmons in the red SUV enter the parking garage at 3:48 pm. The video shows the driver taking the parking ticket.

At 3:52 pm Moya makes a phone call. It hits a cell tower 500 yards from the crime scene. 5:41 pm Simmons made a phone call that used the same cell tower. Between 5:07 and 6:29 pm Moya’s cell phone uses the same cell tower.

Thirty-nine minutes before the murder, Fayed sent a text message to Moya.

6:32 pm, Pamela is seen on video leaving the building with her criminal defense attorney. The video shows that Pamela and her attorney are a bit confused as to which way they needed to go to get to where their cars were parked.

6:33 pm, Video shows Pamela walking out the front door of the building, down a small set of stairs and into the (parking structure) elevator. We see someone holds the door for her as she gets in the elevator.

She walks in-between her car and the one next to hers and gets her keys out. At that moment, someone gets out of the left rear side of the red SUV wearing a hood and armed with a knife.

He grabs her. Spectators were able to see and her her scream for her life. She fought hard for her life. People on the street saw her struggling with her attacker and heard her scream. People in another building heard her. The killer cut through the right side of her neck and she started to bleed to death.

A witness, Edwin Rivera, wanted to take a nap in his car before he took the long drive home. He notices on the way to his vehicle, a Red SUV parked near the elevators. It’s unusual because it’s not a car he’s noticed on the 3rd level before. He walks six cars down to his vehicle, gets in, shuts his eyes. About 6:30 pm he hears screaming. He observes a tall man wearing a hood get into a car. He yells out for people to “...get the license plate.”

He heard screaming. When he walks toward Pamela’s car, he will describe what he thought was a heap of clothing.

Video shows that afterwards, the killers tried to leave through the employee exit but their paper ticket won’t get them out of the garage. The video shows someone getting out of the red SUV and tries to operate the machine with the paper ticket but it doesn’t work. The video shows they backed up the vehicle and went to a different exit.

Video shows at the different exit, they hand the clerk the paper ticket, they pay and they are on their way.

6:34 pm, the sounds of Pam screaming alarms people.

At 7:00 pm, video shows the defendant exiting the building in the front by himself. Ambulance lights are reflected in the window.

Afterwards, Fayed and Moya exchange sixteen text messages.

Pamela’s purse was not taken. Up on the overhead screen, a security camera shows the license plate on the red SUV: 6CLW535.

Detectives run the plate and it comes back to Avis Car Rental. The car was rented by James Fayed’s company, Goldfinger. The rental car was driven to the murder. The parking ticket was recovered and kept for prints. The left palm print and thumb print match Simmons.

Witnesses observed the killer wearing a black hoodie.

In addition to being a courier for Fayed, Moya was also the ranch manager at the Happy Camp Ranch and lived on the property. Hours after the murder, he was summoned to unlock the gates at the ranch.

In checking on the rental of the vehicle, detectives discovered was rented by a Goldfinger employee, Delilah Urrea for another new employee to drive.

(Someone?) takes the car to the car wash and has the car detailed. The condition of the vehicle (when it was returned to Avis) was steam cleaned. Blood was recovered from the interior of the vehicle and matched by DNA to Pamela Fayed. The killer tracked her blood into that car.

A few days later, Moya reports his cell phone missing. On August 1st, a search warrant raid was conducted on the ranch. A note was written in red on the calendar in Fayed’s kitchen to return the rental car the next day. A credit card found in Fayed’s residence matched the credit card used to rent the vehicle. A few days later, Fayed was arrested by federal agents on the sealed indictment charges, of operating a money transfer business without a license.

While in federal custody, days after his wife’s murder, Fayed made a phone call to his sister, Mary Mercedes and like all phone calls made from jail, it was tape recorded.

“I’m like a huge f***in'’ celebrity. I know a lot of people here.” Fayed tells his sister that he “...owes people in jail...” and not to sell his motorcycle because his "... motorcycle is keeping him alive.” He also makes the statement that his “...problems have gone away.”

Fayed made some friends while in federal custody. Shawn Smith was his cellmate. A 47 year-old convicted drug dealer who pled guilty to drugs and weapons possession was awaiting sentencing. Smith told police he heard Mr. Fayed make incriminating statements.

Smith agrees to wear a wire for the feds and tape record Fayed’s statements. Fayed told his cellmate that he had paid Moya to have his wife killed. He admits to paying Moya $25,000. Fayed made horrible statements about his wife. Harmon plays some of the audio recordings as part of his opening statement.

These are totally incriminating statements.

JF: I’m from back east.

SS: Did he go rogue on you?

JF: Yeah. (snip) Yeah. After missing the target four times.

On the audio, Fayed is heard discussing the other prior attempts on Pamela’s life. For different other occasions.

JF: They did it on the day before my f***ing court hearing!

Fayed is heard talking about setting up a hit on his wife at a Fourth of July party. A photo of Pamela taken at this party is put up on the overhead screen.

Fayed is heard on the tape, claiming she was running her mouth too much. That she went out of control.

JF: It was shit. She made stuff up. She’s just a liar. She would believe her own lies. (snip) She made all these stupid accusations to make me look bad.

Fayed tells his cell made he has a new problem to fix and new people to kill. Eric Harmon states, “Shawn Smith puts on an Academy Award performance. (snip) Fayed solicited Smith to kill Moya and the other two accomplices. (snip) He drew a map and offered payment of $25,000.

JF: It’s gotta look like Moya just disappeared. (snip) Clean up (the) mess. (snip) (I) can’t run the risk that he would run his mouth.

The audio tape played is a discussion talking about a multiple homicide.

JF: Make sure all loose ends are sewn up.

In the middle of this, Smith asks Fayed, “...if he wouldn’t have been better off paying Pamela.” And Fayed replies, “No, she wouldn’t listen to reason. She wouldn’t keep her mouth shut. (snip) People will believe her lies. (snip) She was destroying my daughter. She never took care of her. She was destroying me.”

1,000 days since the crime, the stage is set ready to present evidence.

I believe that’s the end of the prosecution’s opening statement and the court takes the morning break.

After the break, Mark Werksman gets up to present his opening statement. Werksman and his co-counsel Steven Meister represent James Fayed. Werksman asks his client to stand and face the jury.

MW: He is not guilty. He is an innocent man wrongly accused of the crimes. (snip) (?) ...did James Fayed hire Jose Moya to kill Pamela Fayed? (snip) But I submit to you once you’ve reviewed the evidence, once you’ve heard both sides, you will conclude he did not hire (Moya); that he did not conspire or induce Jose Moya to kill Pamela Fayed.

There are family members who are grieving their loss... but you will have to judge on the evidence.

MW: Your oath (as a juror) must preclude you from being offended by questions we may ask.

We know that Pamela Fayed was brutally murdered by a man in a black hoodie.

MW: I was not one of the lawyers or representatives of James Fayed at that (last) meeting.

You will note that the killer (used?) an SUV rented by Goldfinger. That SUV was rented two months before for the use of Mr. Dicarsic (sp?), the son of Ms. Mercedes (Mary Mercedes, James Fayed’s sister).

The plot to kill Pamela Fayed was done in full public view, during rush hour, in full public view.

MW: It was so clumsy, it couldn’t possibly be planned by Mr. Fayed.

The rental car was returned the following day by Jose Moya (the driver?).

Rob Dicarsic (sp?) had found a few days before another car, so the rental car was no longer needed.

A few days later (after Fayed was arrested) the indictment was dismissed. He was never prosecuted or charged with and federal crimes.

You will hear that there may have been an investigation, but Fayed was never charged; the charges were dropped.

Mr. Fayed had the misfortune of being housed with Shawn Smith, a professional snitch, drug addict, convicted drunk driver and habitual liar.

MW: Shawn Smith sunk his claws into James Fayed and canoodled him. (I have a little chuckle inside when I hear Mr. Werksman use this word.) (snip) He tried to get him (Fayed) to get drawn into a murder plot. (snip) He’s in a tiny cell with a scum bag. His wife is murdered and he doesn’t know where his wife is. (That doesn’t make sense but that’s what I have in my notes.) (snip) And he tries to emulate the bravado of this cellmate. (snip) You will hear (on the audio tape?) Mr. Fayed denies that he instructed Jose Moya to kill Pamela Fayed on July 28th, 2008.

MW: So who killed Pamela Fayed? (snip) We know Jose Moya and two henchmen, we know they killed Pamela Fayed. You will not hear why they did what they did. We’ll never know why Jose Moya chose to kill Pamela Fayed the way he did. (snip) There was someone else who had a motive, opportunity and intent to see Pamela die: Mary Mercedes, the older sister of James Fayed.

MW: Jim (short for James?) needed her (Mary) help. He was in bad shape. A bitter divorce, his wife left him and destroyed is company. His body was wracked with pain from rheumatoid arthritis.

He didn’t go into work at the office. He worked from home. He was up all night doing gold trades from his computer at home. He became a recluse. Mary came out (from back east?) with her son Rob and Mary helped Jim, helped his business. She became protective of Jim. Her son worked for Goldfinger.

Mary was very critical of Pamela.

(Oh. My. Goodness. Is the defense going to throw Fayed’s sister under the bus? Yep.)

Mary had a relationship with Jose Moya. She used Jose to help her around the house. As Jose Moya sat in the SUV, as he lay in wait (for Pamela), the last call he made from his cell phone at 6:00 pm was Mary Mercedes, not Jim Fayed.

(I have one more note but it doesn’t make sense.)

And that’s the end of the defense opening statement.

The Dateline cameramen start packing up their things. and the prosecution calls their next witness.

Continued in Part II....

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