James Fayed Murder-For-Hire Day 5 Part II

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UPDATED May 18th, 2011

Continued from Day 5, Part I...

May 11th, 2011

#15 ALEX SAMAYOA

Harmon presents the witness. Samayoa is the manager for the AVIS rental car in Camarillo He has worked in that business seven years. He is 50 miles from downtown Los Angeles He owns this particular AVIS rental business. It’s franchises. It’s a 1099,

AS: What I do is manage the branch and vehicles, then bought my own place.

(It’s still not clear to me if he just manages this office or owns it outright as a franchise.)

Harmon presents him a photo of the red SUV suzuki. It’s an SUV XL7 with license plate 6CLX.....

EH: Did some time on July 28th, did the LAPD contact you?

AS: They contacted me via phone.

EH: They were looking for this specific vehicle, involved in a murder case?

AS: No, the vehicle was actually on rent.

EH: It was one of your cars?

AS: Yes.

I believe the witness states he traced the plate number in his AVIS records system. Harmon presents people’s 126,a three page document, the rental car document for this vehicle. It’s a rental car document print out from AVIS.

EH: Are these records you keep at AVIS in regular course of business? (snip) Is it made or generated at the time the car is rented and the time the car is returned?

AS: Yes.

EH: You’ve worked with these documents for about seven years, are you qualified to talk about what the records mean to say?

AS: Yes.

EH: You deal with this every day?

AS: Yes.

EH: Are these the records that show when this Suzuki was rented at first?

AS: This is a snapshot of my screen that basically shows the history of the records, time and the history of the vehicle.

The records indicate the vehicle was initially rented in June 3rd 2008.

EH: The movement number, in red you were just reading to us?

AS: Yes. The vehicle actually reserved or booked by a secretary by the company I think is called Goldfinger. (snip) (The secretary) set up a reservation through us. (snip) They have a company card with AVIS.

EH: They had a previous relationship with AVIS and Goldfinger?

AS: Yes

EH: That allowed someone to pick up the phone and rent a vehicle? (snip) It was a woman (who rented)?

EH: Do you remember someone coming to take it from you?

AS: Yes, It was a man.

The witness explains why he remembers.

AS: The person who came in that day had a lot of tattoos. Neck, arms, wrists area in general.

I believe Harmon puts up photos of Jose Moya and his tattoos and the witness identifies Moya as the one who picked it up.

EH: (You) gave person keys and this person drove it off the lot?

I miss the answer but believe it is yes.

EH: The next time this came on your radar, someone called in to renew it?(snip) (It was) out one full month,

The vehicle was out one full month and o the third of July, he rewrote the contract for another full month. That contact was valid until July 31st.

AS: The only reason I know about this vehicle is because LAPD called about it. (snip) The vehicle was dropped off overnight.

It was rented by one entire month by credit card.

11:oo am: Meister enters court.

EH: At the conclusion of June, someone called and renewed the car for another month, is that correct?

AS: Yes.

(At 6:30 pm,) someone renewed the contract.

EH: The next time you became aware that this car was an issue, when the LAPD called you on the morning of July 29th, and that it was wanted in connection to a murder? (snip) What did you tell them?

AS: (That) the vehicle is not here; vehicle is due back to be returned the next following day. (snip) I told my entire crew to not get close to the car and not touch it.

Car was actually due back on August 4th. The business usually closes around 7 pm, and they are out of the office pretty quickly. Don’t stay beyond that time much. The witness explains how customers can drop off vehicles after hours.

AS: We have a drop box in the back of the location, and customers can throw the keys into the lock box.

EH: Drop off the vehicle; park; drop the keys in the drop box?

I believe another page of the three part document is now being reviewed with the witness.

AS: That is a receipt um, from the 3rd of June to the third of July, in name of Fayed James.

EH: Did you speak with James fayed about renting the car.

AS: No sir.

EH: It’s in his name because it’s his name on the credit card for Goldfinger?

AS: Yes Sir.

EH: Page two, bottom right hand corner where it says “agent...51393.” Who is that?

AS: That is myself.

EH: That is the actual rental agreement that started on 3rd of July that was due on the 3rd of August?

AS: The first page is a bill from the first month and the second page is the bill from the second month.

Same number for Goldfinger and the (billing P.O. Box in Camarillo is on both invoices.

EH: Same card was used for the first month used for the second month?

I miss the answer.

EH: Let’s go back to the drop box.

AS: I never thought that the car was to be returned.

There is an objection and Judge Kennedy asks the witness a question.

AS: We didn’t expect we would see the car again.

The witness describes finding the car returned.

AS: It was sitting on slot number seven. It was retuned, and the one thing that struck me as odd, was it was very cleaned. (snip) We never touched it and never got close to the car just called LAPD.

EH: And they came and towed it away.

AS: Yes.

EH: And the keys were just dropped in the drop box? (snip) How many, of out of all those cars, how many were ever returned in the condition that this Suzuki was returned in?

AS: None. (snip) It was just, you can tell, the wheel well, how well dressed were the tires,

EH: It was in showroom condition?

AS: The average person doesn’t treat the cars this well.

EH: What do you tell them when you rent them?

AS: To return them in the same condition they rented.

Laughter in the courtroom to the witnesses answer.

I believe the witness is asked if he did anything to the vehicle.

AS: I didn’t come close to the vehicle.

EH: Did you ever refer to it as “steamed cleaned?”

AS: Yes.

Direct is finished and cross begins.

MW: Is this the man who picked up the car siting next to me?

AS: NO.

MW: It doesn’t look anything like him?

AS: No.

The witness is excused. He’s free to go.

The next witness is a police officer, a woman In short sleeved shirt; her official uniform. It looks like she might even be wearing her bullet proof vest. She’s young, trim and attractive with jet black hair.

Officer Chacon.

#16 TENILLE CHACON

Officer Chacon is a police office with the City of Oxnard. She’s been with the department seven-and-a-half years.

EH: Were you working as officer in June, (2008?)

TC: Yes I was.

Harmon asks where she was assigned.

TC: Assigned to beat 22.

EH: Tell us what is beat 22 and what you were doing.

She describes the part of the city she covers. It’s described so fast I miss writing it down. She was working patrol. She received a call roughly 5:30 pm to go somewhere; a specific location.

TC: (The call was for) graffiti in progress; Fierros (sp?) Market.

EH: Please describe roughly what it is.

TC: It’s a market in a residential area.

EH: Do they sell chips, soda, lottery tickets?

TC: Yes.

EH: When you go to location, you saw...

TC: Dispatch gave out a possible suspect. When I arrived I saw two suspects that matched the description that were walking out of the store.

EH: One eating chips?

They both agreed to talk to her.

TC: I remember one was noncooperative but I believe I did get to talk to both of them.

EH: Were they white, black?

TC: I believe they were hispanic.

Photograph is up on the overhead screen.

EH: Was this one of the men you contacted at this Market on June 21 2008?

TC: I don’t remember his name.

EH: Was the other person younger or older? (snip) Which one was giving you a little bit of trouble?

TC: He was (the older of two).

EH: Eventually he agreed to talk to you?

TC: Yes.

Officer Chacon explains what she did next.

TC: I had both subjects sit on curb and started to speak to them. (snip) Additional officers arrived and they went to go to look for graffiti but did not find any in the area.

Introducing new evidence, People’s 128. It’s a “Field interview card.”

Harmon gives the card to the witness to look at.

EH: Explain to the jury what you have in your hand there.

TC: It’s a field interview card. I filled it out on Mr. Simmons. It documents the date, time, who he was with, address, what he was wearing.

EH: Steven Simmons was the younger of the two? (snip) He gave his address as 1225 south I in Oxnard, California?

TC: Correct.

EH: Height and weight 6’ about 195?

TC: That was on his official California ID card. I gathered the information about him from that.

Testimony is brought in that Simmons (and Gutierez?) belong to a local gang “Loma.”

TC: Its a gang. It is a gang that is known to hang out in that area where they were located.

EH: Did Mr. Simmons (identify) the other of the two identified (as a relative)? (I don’t think I have that question exactly.)

TC: He initially told me when I contacted them, he told me that Marquez was his uncle.

TC: Did you identify Marquez as being a member of Lomas?

TC: I believe I did. I believe he was on parole.

HC: Did you note the scar on his neck?

Page three of People’s 127. It’s a photo of Marquez’s tattoos.

No further questions and no cross.

The next prosecution witness is called.

ED Dixon

(Unfortunately, I don’t have in my notes who presented the witness, but from memory, I believe Mr. Harmon sat at the viewer and put the important records on the overhead viewer one at a time.)

It’s 11:20 am. Fayed and Meister whisper at the defense table.

#17 EDWARD DIXON

ED: I’m a senior networks sales support network engineer for ATT phone company. I’ve had this position since 2007.

EH: How long in total working for ATT?

ED: Since 1995.

EH: Long time?

ED: L O N G time.

EH: But your happy, happy to be here today?

ED: Ecstatic.

EH: (I want to) talk you about cell phone technology and cell phone records.

Dixon details his experience in tech and cell-site analysis, call-detail record analysis, including cell-site information.

The people present into evidence a large white binder People’s 129, ATT phone records. It’s real thick. Harmon opens his copy of the binder and directs the witness to look inside his binder copy.

EH: Open the binder and go to ... there are four separate sets of records. Firs tab is labeled Jose Moya. Second tab, next phone number is James Fayed’s Blackberry. Third set is James Fayed Flip Phone. Last tab is Mary Mercedes. My hands are getting tired typing so I go to hand written notes.

EH: The records contain documents.... authenticating they are from ATT? (snip) Is that from the National Compliance Center? (snip) Is it a subpoena pulled/presented, certificate of authenticity, and (are you) qualified to testify to it’s authenticity?

ED: Yes.

I’m getting tired typing so I go to hand written notes.

The first phone number reviewed apparently belongs to Jose Moya. The people had put up a big display on the large bulletin board, a display of the faces of the individuals involved, and their phone numbers.

(805)797-4586 belonged to Jose Moya. Dixon explains that the phone number was part of a group of numbers where the financially responsible party was the company Goldfinger. The phone number belonged to a corporate phone account. Dixon can’t verify through the AT&T records who had which corporate phone.

Dixon verifies that on July 30th, 2008 this phone that we’ve identified as belonging to Moya was reported lost/stolen.

(Ah! Confirmation is in my hand written notes that Harmon sat by the overhead projector and put each new exhibit on the screen.)

Dixon explains how ATT documents any voice phone calls. He also goes over every column on the report and what it reflects. There is a column that indicates which switch/tower the call is picked up by.

EH: You know by the second (how long a call lasted) however, ATT bills by the minute?

Dixon confirms this. The dates of July 8th, 2008 up to July 28th are reviewed for the jury.

EH: Do they all come from a “switch” in Oxnard?

ED: Yes.

EH: (The phone number for Moya, ending in) 4586, had contact with a switch in Oxnard and Oxnard only (during those times?

ED: (This phone number) from July 8th, 2008 to July 28th, 2008 ws in the Oxnard area only.

Now the people are presenting very boring testimony that goes over determining what “sector” of the tripod tower array the handset was located.

(A bit of trivia information. If you have ever seen a cell-site antenna, they are a tripod like column on top of a tall pole. Mr. Sprocket used to work for a company that contracted the cooling service for the Los Angeles area Verizon cell-cite computer rooms. Well over 300 cell tower locations from Santa Maria to Monterey Park and up I-5 to Gorman. These are the sealed, storage container like rooms that contain all the heat generating computer equipment that collect the phone calls and route them to where they need to go. If the air conditioning units {there are always at least two and about 5-tons a piece} go down in a cell-site, then the tower goes down. Overall service and calls are lost in that tower’s area. I remember many a late night, going with him on a service call at two-in-the-morning to the top of several mountain cell-sites. But I digress...)

Through a cross referencing of the records in this massive binder of documents Dixon can trace the number listed in the tower column, see the longitude and latitude and it tells you exactly where that tower is located.

July 28th, 2008 at 2:58 pm, the handset received a call from James Fayed’s “Flip Phone.”

EH: Can you tell us by looking at the “LAC & SID where this handset was?

ED: 5046 13261

Dixon looks up the number in the (cross reference) table in another section of the binder.

ED: 1642 Westwood Blvd., Suite 2B. 3.0522 longitude -118.84360 latitude.

(See how exciting this testimony is?)

The next call presented is record #196 on the document.

3:01 pm, three minutes later, there was a phone call to #0120, James Fayed’s “Flip Phone.”

EH: Which cell tower was that?

ED: (A cell tower located at) 10310 Santa Monica Blvd., Los Angeles, CA.

EH: Next page, record number 197, at 3:07 pm on July 28th, 4586 called 4325 (James Fayed’s Blackberry). Where was the handset? (What tower picked up the call.)

ED: It was (a cell tower located at) 1642 Westwood Blvd. Suite 2B

EH: Next call, record number 198 at 3:53 pm on July 28th.

ED: It was an incoming to the same number as the handset.

EH: Can you tell if the person answered the call?

ED: No.

Dixon goes onto explain that if the call is longer than a minute, it usually means the call was answered. If the cell phone was turned off and it goes to voice mail, it will log approximately one minute.

EH: Record number 198 at 3:53 pm on July 28th, an incoming call?

ED: (Hit a cell tower at) 2010 Century Park East.

EH: Record #199, incoming call at 6:00 pm from 4325 (James Fayed Blackberry) at about 1 minute.

Harmon asks a general question about all these records from record #108 to #198 but unfortunately my notes are not clear.

EH: Where was the handset on this 6:00 pm incoming call?

ED: (Hit a cell tower at) 2010 Century park East. (snip) It was in sector three, northwest of where that tower is.

The noon recess is called. I breathe a sigh of relief but know there is more of this to come in the afternoon.

After lunch, I’m back in Dept. 109 on my computer. I decide to sit in the far right corner next to Marjorie for some company. The only disadvantage is I can’t see jurors reaction from here. There is a different court reporter at the desk. A new face. The Public Defender who sat in on morning session is now up at the defense table, and her client is going to be brought in. I see two women in the third row, chatting, but don’t know if they are public or reporters. They are sitting behind the family.

Jose Moya, in a blue jumpsuit is bought in.

JK: Ms. Nofrio (sp?) waive to June 14th? Counsel join?

(?) I do.

That’s it and the defendant taken back. The Public Defender sits with the other two women and speaks to one. She must know them. She decides to stay in the courtroom and listen to testimony.

Clerk Lori informs Judge Kennedy all the jurors are here. Judge Kennedy asks if the witness is here. I saw him in the hallway and Harmon states, “Yes, he is, your honor.”

The other codefendants Simmons and Marquez were held over to June 14th also. The two were brought in together in the morning and Moya brought in separately this afternoon. Days later, Marjorie tells me she thinks Moya was brought in from Ventura Co., but that doesn’t make sense to me at all. Terri Keith from City News is here. The jurors file in at 1:39 pm.

ED DIXON is back on stand under direct.

EH: Last left off talking about voice usage and ATT’s records and we would transfer now into text ‘GPRS.’

GPRS stands for: general packet radio service. That could be data or text messaging. The records in the exhibit shows all included data connection.

Dixon is asked to go to page 20, item number 103 for Moya’s phone, 4586.

July 24th, 2008, (I don’t have the time this text message was sent.) 4586 sent a text to James Fayed’s Blackberry. The next column is blank. That means the handset is receiving text. These are outgoing only identification, not what number received the text. (The column’s and information is a bit confusing. You can’t really read/see it on the overhead from where I’m sitting anyway.)

EH: The substance of the text from handset to handset, which by the way doesn’t get great service (on my iPhone) in my office. (snip) (Switch to Verizon Mr. Harmon! AT&T’s cell service sucks in the entire Los Angeles area.) If I sent to you a Blackberry text that said Mr. Dixon, I like you tie today, how long would the network save that text?

ED: Maximum 30 days. And that’s getting shorter and shorter.

EH: You don’t have the records for any of the texts we are discussing today? (miss answer) (snip) Will the Blackberry retain it past 30 days, so if I wanted to look, 30 days from now I could (still) pull up (the message)?

ED: About....a little bit past, depending on the type of handset model; it all depends. It depends on actual handset. (snip) An iPhone can store a load of text messages; cheap Flip Phone only about a couple hundred messages before you have to delete them.

EH: Can the owner select message to delete?

ED: Yes.

EH: We have a record of a text message being sent, we just don’t have the content of those messages?

ED: Correct.

Harmon asks Dixon to look through transaction numbers 103 through 135 (transactions/messages).

EH: I asked you if you would keep an eye out for to and sent messages to James Blackberry 4038. Were you able to count up the number of text messages sent.?

EH: Page 20, #103 through #135. How many times was James Fayed’s Blackberry 4038, was sent text messages from Jose Moya?

ED: Sixteen.

EH: And then during that same period of time, how many, if any (text messages) were sent to (it) by 4325, Mary Mercedes?

ED: Zero.

EH: Zero?

ED: Zero.

Harmon asks him to look at item #116 on the page before.

EH: Starting item #116 going through this series 117, 118, 119, based upon your analysis here, is it accurate to say this handset (used by Jose Moya sent one (text message at) 12:56 am on 27th of July 2008 and then another, 12:57 am to James Fayed Blackberry?

Another at 3:51 am on the same day.

Another at 4:00 am to that same number James Fayed Blackberry.

4:01 am on that same day to that same handset James Fayed Blackberry.

Item number #126 4:03 am, same James Fayed Blackberry on same date.

Item number #127 text from 4586 Joey Moya to 4308 James Fayed Blackberry, 4:04 am on same date.

Down to #131, July 28th, 5:39 pm handset 4586 Moya text message to 4308 James Fayed Blackberry?

EH: And (Moya) received one at 5:40 pm?

ED: Yes.

EH: Did it also send one at 5:47 pm to James Fayed Blackberry?

ED: Yes.

EH: Item #135 at 5:51 pm, sent text to handset 4308 James Fayed Blackberry?

ED: Yes.

EH: Item #140 at 8:43 pm July 28th 2008 hand set, Joey Moya sent a text to 0120 James Fayed Flip Phone?

ED: Yes.

Another text sent to James Fayed Flip Phone where I missed getting the time.

At 9:00 pm, a text message sent to 0120 James Fayed Flip Phone from Joey Moya.

At 9:12 pm Joey Moya text to 0120 James Fayed Flip Phone.

At 1:35 am, July 29th, Moya (sent) James Fayed Blackberry another text message.

EH: (Do the) records say on July 30, a status changed date equipment reported lost/stolen?

ED: Yes.

Harmon asks the witness to go to the next section tab and page 11 in that section for James Fayed.

EH: On July 27, 2008 James Fayed Blackberry texted Moya at:

12:55 am
12:57 am
3:59 am
4:00 am
4:02 am
4:03 am to 4586 text messages?

ED: Yes.

EH: There are blanks here (in the) of review of records. Is this your opinion are the received text messages, given the times of the other text messages Fayed sent?

ED: From the items I compared, yes.

More detail transactions are presented to the jury.

Item #132, 134, 135 and 136, on July 28th, 2008 5:37 pm, James Fayed Blackberry text to 4586 Joey Moya.

5:40 pm James Fayed Blackberry text to Joey Moya.

5:51 pm James Fayed Blackberry text to Joey Moya 4586.

1:30 am James Fayed Blackberry sent text message (Joey Moya).

Harmon now moves onto to James Fayed Flip Phone 0120. The voice usage is discussed first.

Item #105 red tab on page seven.

EH: At 2:58 pm July 28th, 2008, handset Flip Phone called 4586 Joey Moya?

ED: Yes.

EH: Where was this handset if you can tells us at the time it made that call?

Dixon looks up the code for the location.

ED: Let me find that look-up tab. 2010 century park east LA Cal 90067 (longitude & latitude next to it).

I check the time on my computer: It’s 2:00 pm. I’m hoping there won’t be another two hours of this.

The next item #106 voice usage 0120 James Fayed Flip Phone received incoming call from 4586, Joey Moya at 3:01 pm.

EH: Where was the handset at the time he received tis call?

ED: Same tower, (as before) different sector, at same location.

EH: Now moving onto GPR’S text for same handset, for Flip Phone, go to tab on page 10. Items #27, on this page...through items #42, are there text messages from James Fayed Flip Phone to Jose Moya 4586?

At 8 22 pm, three of them to Moya.

A text message at 8:41 pm to Moya.

At 9:00 pm and 9:02, 9:05, 9:06 and 9:08

9:34, 9:34, 9:35 (3 July 28th?)

EH: Are there fourteen text message from this handset (James Fayed Flip Phone to Moya from 8:22 pm on July 28th until 9:41 pm on July 28th? (snip) I said fourteen, can you confirm that?

ED: Yes.

Last, we move onto Mary Mercedes phone. (805) 797-4325 page 42 second red tab. We are looking at GPRS text usage for that number.

EH: Could we look from, the week before July 28, 2008? Lets say item #99, on July 21st, 2008 at 3:44 am and look all the way through item #183, the whole week leading up to July 28th. Are there any text sent from this handset set to Jose Moya 4586? (snip)

Go through (all of July? through) August 5th 2008. Are there any text messages for 4325 to Jose Moya 4586?

ED: No messages.

EH: Zero?

ED: Yes.

EH: Now lets go to voice usage for this number, starting on page 14 item #217 at 6:00 pm. Do you see that sir?

ED: Yes.

EH: That appears to be a call from this phone, Mary Mercedes to 4586 on July 28th at 6 pm. (snip) Can you tell where Mary Mercedes’ handset was at the time this call was made at 6:00 pm?

ED: CID is 16128. 7150 1/2 Walnut Canyon Road in Moorpark, CA.

EH: So when Mary Mercedes made this phone call at 6:00 pm, it was connecting with a cell-site in Moorpark, California?

ED: Yes.

EH: Let’s go to item #224, voice usage, page fifteen. Mary Mercedes at 10:25 pm called 4596 on July 28th 2008 is that right?

ED: Yes.

EH: Line item #112 to #217 to review. If there was any phone conversation between 4586 Joey Moya and Mary Mercedes in the week before July 28th 2008. (Let’s) see if there were any contacts by way of telephone and Mary Mercedes and when it was if at all. (Ask if you could review for us) (line item? 228?)

EH: So roughly From July 1st to July 28th. (snip) (To) speed things up item #164....

ED: I see two.

EH: Tell us about those.

ED: Item #129 and item #130.

EH: #129 (and #130?) appears to be 4583. We’re looking for 4586.

ED: Sorry about that. Line item #164 was a push-to-talk in (the) week before. It occurred at 3:50 pm and it was push-to-talk, which was zero minutes.

Dixon explained push-to-talk but I don’t have any notes on it.

Direct is finished and cross begins.

MW: There's no way for you to know from looking (at the records) what words were in one minute in a text?

ED: Yes. (Correct.)

MW: Or what words were said, correct?

ED: Yes.

MW: In fact any phone call that lasted a minute or less, you cant even say if the call was picked up or if it went to voice mail, correct.

ED: True.

MW: Phone from Moya now to be clear, you don’t know, whether it was actually Mr. Moya using that phone?

ED: Yes.

MW: You only know that its the phone attached to Joey Moya by this subscribers. (snip) Your talking about phone communication with phones. You don’t know who was using those phones or communicating with those phones as you sit here today?

ED: Correct.

Werksman now going over calls from Moya and Mary Mercedes from the week before the murder.

Dixon found no communications up until the day of the murder and found only one text on July 25th.

MW: Did find on on July 28th, 4586 two calls between Mary Mercedes and Joey Moya?

ED: Yes.

Line #197 and #199. 4586 (Moya) There were zero text. There were two push-to-talk.

Line #194 item incoming call to 4586,time 9:51 am from ? 4585 incoming call. Receiving incoming call?

(?) What number is receiving the incoming call?

I’m totally confused by Werksman’s cross.

More questions.

MW: Entry #197 phone call. Moya calls Mary Mercedes 4325 4:07 pm? (I miss the date.)

MW: On July 28th, up to that time, that was the only call up to the week before? (snip) July 27th and 28th, and this is the phone attributed to Mary Mercedes 4325?

JK: I’m confused. (See. I’m not the only one.)

MW: July 27th and July 28th that were calls made to and from Joey Moya. (snip) There are no calls from 9:00 (date?) from the phone by Mary Mercedes?

MW: If we go to next page, 3:01 pm page 113, from Mary Mercedes calling 4586. Call 3:07 pm. We don’t know if it’s 10 seconds or 58 seconds? (snip) Then the next call that comes in from Mary Mercedes...to (?)

(Maybe Werksman was going through this so fast that m notes just became a mess.)

MW: Item #199, July 28th at 6 pm. What is the very next usage of phone assigned to Joey Moya?

ED: Call into voice mail at 10:30 pm On July 28th.

MW: So from the time the call is placed from Mary Mercedes phone to Moya, at 6 pm the Joey Moya phone is not used again for 4.5 hours?

ED: This phone, for voice usage, Yes.

(?) There is also a data usage, so we’re looking at the entire (activity).

A text message (from) Moya to Mary Mercedes phone.

Judge Kennedy asks Werksman to use the phone numbers to identify the actual phones.

MW: 6:00 pm to 10:30 pm on July 28th. From Moya to Mary Mercedes. Do you have the data information in front of you?

(?) July 28th, correct?

(?) Page 20 of bill 4586 bill?

JK: So is there (?) entries from 6:00 pm and 10:30 pm on that date?

MW: Page 22. Text usage for 4586 on July 28th on screen correct?

ED: Yes.

MW: So you have text between 4586 and 4308 number starting at 4:00 am on July 28th, but there is no evidence of any text messaging between 4586 and 4325 on this page of the bill correct?

MW: That's from the early morning hours of July 27th, until 9:09 pm on the 28th, and it follows out the next page the rest of the no text messaging between 4586 and 4325?

ED: Correct.

MW: But you do see quite a few between 4208 and 4586 during this period. See a lot of that? (snip) If you go forward a bit, to page 20, text messaging bet 4506 Joey Moya and 4308 James Fayed?

MW: Number 86 text message from Joey Moya to James Fayed at 12:39 am on July 19th. There’s no information of what is being communicated?

ED: Not at that time, correct?

MW: July 29th, James Fayed at 12:35 pm in the middle of day?

ED: Correct.

MW: On the 24th, text between (?) Moya phone?

I’m confused all over again.

MW: Are there are (?a number) of calls in the middle of the night? If you agree, there you see quite a bit of calling in the middle of the night. (By Fayed?) And that goes on (for) many days in July, that’s covered in this bill correct?

(Late night calls from Moya to Fayed.)

MW: Back in time, July 18th, line #69 Flip Phone, 0120 James Fayed, this phone Joey Moya is texting the Fayed number at 1:34 am on July 18th?

MW: At 5:21 pm, July 18th regular call?

MW: At 10:08 pm (same date?) between Fayed (?) phone and Moya phone 4586, correct?

MW: At 12:33 (pm? am?) text between (these) numbers on July 19th?

MW: So would you agree that texting between the three numbers, it happens at all times of the day and night over the month of July?

(?) Midnight, one in the morning...

ED: Correct.

MW: Now at texting between 4586 and 4325 bill.

Werksman is saying that this texting regularly went on between these phones at all hours.

MW: (The) 4325 phone sent from (?) ....text messages...

Werksman can’t find it.

ED: Not to easy is it?

JK: That’s why we have someone like you here.

MW: And you looked from July 21st, thru July 28 for text between (?) and you found none, correct?

MW: Did you find any to 4325 in that same time frame?

ED: I didn’t find any.

MW: Thank you. No further questions.

No redirect.

Call Marney McCoy?

He stops at the podium where the counsel stand to question. He is directed to where to stand in front of the jury box, face the clerk and take the oath.

#18 MARTY MCCOY

I’m not positive, but I believe Jackson presents the witness. I forgot to write this in my notes.

People’s exhibit 1 is put up on the overhead screen. It’s a photo of Pamela Fayed.

AJ: Do you recognize the woman in the center?

MMc: Pamela Goudie Fayed.

AJ: When did first meet Ms. Fayed?

MMc: Approximately eleven years ago. (snip) I did provide to her and her husband life insurance on our initial meeting.

AJ: Did you become close friend with Pamela Fayed?

MMc: Very much so.

AJ: In fact, did Pamela do some work for you in 2000?

MMc: Yes, about a year duration of work, (snip) taking care of all the paperwork of all the cases I had.

The witness knew that they were in divorce.

AJ: Were you ever accused of having an affair with Pamela Fayed.

MMc: ALL THE TIME.

AJ: What was your relationship? Romantic or just friends?

MMc: Just friends.

AJ: Then (at some point) did she leave your employ and start to work for Goldfinger?

MMc: Yes. She did leave my working situation and start working for her husband.

AJ: (After she left, you and she) still remained friends?

MMc: Absolutely so.

AJ: In October 2007...

MW: Objection! Hearsay. (Ruling?)

AJ: You found out she was going through a divorce.

MMc: Yes. She told me.

AJ: I’d like to take you to July 4th, 2008, (and) a party you might have gone to. Do you remember that?

MMc: Yes I do.

AJ: Did you go to a party (with Pamela and someone else)?

MMc: Maryalice(?) Courdner (?). A party. Maryalice? Pam referred to her as Mary.

AJ: Did you go to that party with Pam in the same car?

MMc: Yes i did.

AJ: Did you meet another person, Mora Dina?

MMc: Yes a woman. (snip) She drove separately she followed (us).

AJ: Where did you (all?) meet up ?

MMc: Camarillo Starbucks during the daytime.

AJ: Did you know the woman hosting (the) party?

MMc: No I did not.

People’s next in order, photographs. Appear to be photograph taken at a party. There are four women in photo.

AJ: Was this taken at (the) party on July 4th?

MMc: Yes, that’s correct.

(?) Pam is in the blue shirt in the center.

MMc: I met the woman. I can’t remember their names. (The) hostess is standing next to Mary in the red dress.

AJ: Is this Mary, Pam and young woman?

MMc: That’s the young lady who followed us.

AJ: How long did you stay at this party?

MMc: I would say until 9:00 pm in the evening. (snip) She (Pam) drove me back to her vehicle back at her house. (snip) (When we left, the party was coming to the end.

AJ: Did you guys walk to her car, and then drove back to Camarillo?

MMc: Correct.

AJ: Where was the party?

MMc: Malibu.

Direct ends and cross begins.

MW: The party began about what time?

MMc: We arrived around 1:00 (pm) ... 12:30, 12-ish 12:30.

MW: You and Pam in one car and the woman in the black (?) followed you?

MMc: Correct. (snip) It was at a home”

MW: Was the party outside on some kind of patio?

MMc: Yes.

MW: Overlooking the ocean?

MMc: I’d say overlooking the beach.

Werksman asks what street the house was on.

MMc: I would say it was on Broad.... I’m forgetting exactly the name of the street.

MW: Describe the street.

MMc: Residential.

MW: Somewhere off PCH (Pacific Coast Hwy)?

The witness thinks it was residential street, right on the ocean.

Werksman asks if there were a lot of cars on the street.

MMc: Yes, but not a lot.

MW: And you stayed around until 9 pm?

MMc: Yes.

MW: Who left the house with you side by side?

MMc: I believe the young lady left before Pam and I.

MW: How long did you have to walk to get to the car?

MMc: I believe we were parked right in front of the house. (snip) Then I drove back to Pam's and I retrieved my car.

That’s it. no more cross or redirect. The witness is excused.

Now going to take our afternoon break. I get up to stretch a bit. Counsel chats in the well. The other female reporter (who I think is from Dateline) is chatting with Greg Fisher from CBS and Steve Meister. Teri Keith who left earlier comes back. Terri and Marjorie exchange business cards and chat about when they each have to file their stories.

2:59 pm. Bailiff puts his weapon away in the box beside the door to the holding cell area to go get the defendant. Fayed is in the yellow shirt and tie from Monday.

The female reporter I think is from Dateline, like Marjorie, is very professionally dressed. She’s wearing short black heeled boots, a nice jacket, and top with black pants. Her hair is past her shoulders a bit and is almost jet black.

3:02 pm the court clerk is calling for the jurors. We are missing one alternate and one juror. Lori goes out to look . Alternate #2 comes in and Juror #2 follows.

People call their next witness.

#19 DAN JENSEN

Mr. Jensen is a records custodian for Sprint and Nextel. He is a custodian of records and expert witness. Two binders are at the witness box with him.

Deborah (?) Marquez (? I’m not sure that’s correct.) phone records. Entire binder. Binder for Steven Simmons Sprint records. I believe Harmon presents the witness.

People’s next in order, #132

EH: Before you sir, are records provided to us from Sprint in response to an inquiry for business records?
DJ: Yes.

Jensen has been a custodial of records. He’s been doing if (this job) for five years.

EH: Are you qualified to testify in these records?

DJ: Yes.

EH: Briefly explain the difference between Sprint Nextel.

DJ: (They are the) same company, with two different reporting structures and types of equipment.

132 record for Gabriel Marquez, turning to page #267.

EH: Explain or us briefly the call record as it related to this number. And (the people have) put up a poster board that explains what we are looking at. (Poster board is next to the jury box and has the phone numbers and large photos of Simmons and Marquez.)

DJ: These are call detail records.

805 223 9763. The witness explains and goes over the detail of the report. He describes the columns and what they represent.

A line record is discussed but I miss getting what it says.

EH: The records do say if call was forwarded to voicemail?

(Yes.)

Nextel network has much more information than ATT, starting with the cell tower and ending cell tower. However, it doesn’t tell which towers used between the beginning or ending of the call.

Calls on July 27th, 2008 (originating in) Oxnard.

More to come. This day is not finished....

I'm totally exhausted, and there are pages and pages of notes on this witness, and the next witness Detective Salamm Abdul-Rahman still to go. Tomorrow is closing arguments. I am going to work on my laptop for closings and I'm going to publish in draft mode during lunch and at the end of the day. The following day, I will be on jury watch inside the courtroom and I will get Days 5, 6, and 7 caught up on jury watch. Sprocket.


May 18th, 2011

DJ: Oxnard. Reading (the) first two. When (you) get down to bottom of the page, it becomes West Simi, Skirball and Avenue of the Stars. (These appear to be the names of cell tower/locations.)

These are just names given to tower by company that might correspond to the geographical location.

EH: To determine location, would need to look up on a site key?

DJ: That’s correct.

EH: Page 269. (Please look at calls on July 28th, starting at 6:29 (pm?). (snip) All of these several calls that are highlighted, they utilize the same cell tower?

DJ: 298484, Yes.

EH: How do you find the exact location?

DJ: Take those group of numbers. Take the numbers, go to the cell site list and it will give you the latitude and longitude.

(EH:?) And to find out the exact location?

(DJ:?) (The) cell site list.

EH: highlighted 29848. (That) #4 does that indicate the sector or side...?

DJ: That would help me determine the sector.

EH: Latitude and longitude listed... says sector 3?

DJ: Yes.

EH: So as far as you can tell, all of these calls right here were made utilizing the same cell tower on the Avenue of the Stars that we just talked about:

DJ: Yes.

EH: (?) at 6:54, 6:57, all the way down to the bottom of that same page 'til 9:44 (am?) of the same day, does the cell towers relate back to the same ones before Oxnard, Oxnard, cell-mountain?

DJ: Yes.

EH: Did this....

I see Pat Dixon, Department Head of Major Crimes enter the courtroom and sit in the back row.

EH: Did this cell phone communicate with 4586? (snip) (Phone number) 9763 do you see see this communicating with 4586?

DJ: (Yes?)

EH: Go to page 126. On that page what day corresponds with those calls depicted there May 29th 2008. This handset ending in Marquez make contact with 4586?

DJ: Made at 2 2:32 pm and 2:36 pm

EH: And calls in the duration of seconds as depicted here?

DJ: Yes.

EH: Page 129. May 29th 2008 at 11:06 11:06 11:12 11:21 pm. (snip) Did the subject 9763 communicate with 4586 at least four times on that day, roughly at that time?

DJ: (?)

EH: Page 134 June 1st, 2:27 pm. (Did) Marquez communicate 4586 with Fayed? (My notes may be wrong here. I thought 4586 was Moya.)

EH: Go to page 142, June 4th 2008 at 12:52 pm. Does this handset communicated wit 4586?

DJ: Yes.

EH: Page 145 June 5th, 11:42 am on June 5th, (did) 9763 communicate with 4586?

DJ: Yes.

EH: Page 153 June 7th, 5:11 pm; same question with respect to this page?

DJ: Yes.

EH: Page 169 June 14th, 11:03 pm; same question?

DJ: Yes.

EH: Page 170 June 15th, 9:58 pm; same question?

DJ: Yes.

EH: Page 172 June 16 at 9:52 pm; same question?

DJ: Yes.


Pat Dixon leaves the courtroom at 3:32 pm.

EH: 6419: Steven Simmons phone records. Are these records also kept in the ordinary course of business and generated at the time of the data?

EH: How is it that these from Nextel are different from the ones we just saw?

DJ: This phone uses Sprint Network. Call detail records are different.

EH: Same type of information but presented differently?

DJ: Yes these are call detail records. They will tell if the call is a routed call to voice message. And also will document if the call is going from one market to the next (Los angeles market vs NY market)

More information about the records.

EH: July 28th, 11:49 4081

DJ: Last three digits tower number 081...tower ?

The first call they are talking about. I miss the address of that cell site.

DJ: 2070 Century Park east in LA Ca.

EH: Page 392. Calls made from to or from 6419 steven simmons ... Calls that are made 3:07 in afternoon of July 28th 2008. Are the cell sites utilized (for those calls) is the cell site 081 is that same cell site?

DJ: Yes.

EH: Bottom of page, 519 (?) 5 :30 at 7:18 pm. 519 is that same cell site #081?

DJ: Yes.

EH: 519 cell site is zero. Can you tell us what that means?

DJ: Appears to be a routed call sent into voicemail.

EH: (The system) could not locate phone so sent call to voicemail?

DJ: (Yes.)

EH: 5:30 and 5:42 pm same cell tower #081?

DJ: Yes.

EH: Time? Next time? Using two different towers?

DJ: 7:19 pm using two different towers. Sante Fe Springs phone switch starts on tower 345 which is on 4th Street LA and ends on tower 77 which is located at 1701 East Caesar Chavez in Los Angeles, CA.

EH: 391 page (?) around noon calls on July 28th communicates with hand set 9763 12:04 and 12:08 pm?

DJ: Yes.

Harmon asks for a moment.

Direct is finished and Werksman has no questions for this witness.

Witness excused.

I believe Harmon informs Judge Kennedy, “We’re prepared to enter into stipulations, if we can take just a moment and speak with (opposing counsel).

JK: Okay.

People: Stipulations E-mails. Two e-mails. Three page document People’s #136 fingerprints. Peoples #137, three page document consisting of photographs Steven Simmons. People’s #138, document four pages.
Lastly four page document, DMV information Robert Tokarcik. (sp?) (Marjorie has spelling of name in her last story. Robert. That’s Mary’s son.)

Jackson is at podium. Read stipulations into the record. Judge Kennedy instructs the jury on stipulations.

JK:: (There is) no dispute about these facts.

People (?) by counsel

1. James Fayed Blackberry 805 797 4308 was recovered from hs residence and placed in evidenced case #BA...

People’s item #354. Owned and possessed by Fayed at the time of his arrest and called defendants Blackberry.

2. No text messages from Moya on (July?) 27/28//29 contained in it (Blackberry?)

3. The e-mail which is placed on the overhead screen. Contained e-mail marked People’s 134 as well.

4. Swab containing blood from the SUV DNA analysis (by the LAPD crime lab) and determined the blood was that of Ms. Pamela Fayed.

5. Criminalists from LAPD photographed items on the green parking ticket. Forensic analysis of print (determined it) was left by Steven Simmons. People’s 136 copy of Steven Simmons fingerprints. Copy of the green parking ticked (that was) chemically processed.

‘s6. people 137 contains a face, front on photo of Steven Simmons; a profile photo of Steven Simmons is page two and a photograph of the back of Simmons head, with tattoos.

#6. Al Guttirez (sp?) if called and duly sworn in these proceedings to would testify to following facts

(?) Emily for 13 years married to (missed who)

Emily’s brother is Jose Moya.

Mr. Guttirez has two children, Emily and Shiela (unknown spelling of female names)

Melissa Moya’s niece has a child with Gabriel Marquez.

(I know I don’t have the above information exact. Some of it is wrong.)

Further, he paid for Melissa's telephone #890 7634.

#7 Robert T (Mary Mercedes son) drove the red SUV suzuki from approximately June 3rd to July 19th, 2008. On July 19th he purchased a new 2008 Nissan Sentra. He relinquished control of the red Suzuki on that same date July 19, 2008.

MW: Defense so stipulates.

Jackson is now signing and dating copy to so stipulate.

I still don’t get all these relationships to Marquez.... Somebody was married to somebody’s niece or something like that.

Attorneys ask for sidebar. Shawn is called over and is doing something. I think he’s turning on the court reporter’s microphone.

I can hear Harmon mumbling from here. Barely make out what he is saying. Werksman is whispering now.

3:50 pm. sidebar still going on.

DETECTIVE SALAAM

SALAAM ABDUL for record. (I note that on the detective’s business card, he has a hyphenated last name, but the second part he does not give the court. I’m sure there is an innocent explanation for that.)

Harmon presents the witness.

Fayed leans into whisper to Werksman. They talk for a few seconds. There’s about 20 minutes left of court I think.

Det. SA: I’m a homicide detective assigned to Robbery Homicide Division.

He has been with LAPD for 23.5 years, a detective for 10 years and with Robbery Homicide for four years.

EH: What is Robbery Homicide?

Det. AS: It is an investigation unit that handles high profile homicides, crimes against police officers, arson murders, etc.

On August 26th, 2008 he became involved in this case. On that date he assumed responsibility for this case.

EH: James Fayed was in federal custody?

Det. AS: That's correct.

EH: And the other people, had they been arrested yet?

Et. AS: No.

There are street map photos up on the overhead screen of the Century City area and surrounding areas. Areas are marked where cell towers are located on those maps. Questioning about cell phone records and where various individuals were when calls already discussed were made. Question about taking a secret voice recording of Mr. James Fayed.

EH: When starting to investigate this case, you came into possession of phone records for Moya and Fayed?

Det. AS: That’s correct.

EH: Are you experienced with how to look through these records and find where the calls were coming from?

Det. AS: That’s correct.

EH: People’s next in order #139 Moya.

People’s #140 Fayed
People’s #141 Simmons
People’s #142 Marquez map

Up on the overhead is a Map of Fayed and Moya’s cell phone calls at a particular time and where they were when those calls occurred.

Now going back to the street map exhibit #139. Moya.

EH: is this a map of the area of Century City in Century Park East and 405 to the west?

Det. AS: (Indicating on map) ...area were icon is here, that depicts where a cell tower stands.

EH: Icon I’m circling here in red?

Det. AS: Excuse me. That's where the homicide occurred.

The detective describes general area.

Det. AS: That’s Century Park East. It’s an affluent area. I would say it’s a rich area, high rise area. All buildings, accompanied by different law firms.

EH: How far from the murder (is the) 405 freeway?

Det. AS: I would say approximately mile.

EH: Did you try to determine where it was that Mr. Moya’s cell phone was used when he received an incoming call on (?) at 2:52 pm on and the same (outgoing?) call?

EH: Is that cell tower where this call is? (snip) 3:01 pm, cell tower (?)?

(Miss answer.)

EH: 3:53 pm and at 6 pm, cell phone tower where the flag is how far from tower to the murder?

Det. AS: Approximately 300 feet.

I’m not going to write the detail much more. Just suffice to say, they are showing visually where the towers are in relation to the murder location and that the handsets for these phone numbers were in the vicinity of these towers when they received and sent phone calls and text messages.

EH: And the towers mentioned are within 1 mile from murder?

Question now about James Fayed Flip Phone, 0120 accessed a cell tower on Ave of Stars just a short distance from the homicide.

EH: Until 7:06 pm, from Flip Phone, utilized the cell tower a short distance from the murder?

Det. AS: Same distance, 300 ft.

EH: When you started with this case, you knew that there was a video documenting Mr. Fayed in this area entering and exiting the building? (snip) Who did he call ? Det. AS: Basically, Mr. Moya.

EH: Mr. Fayed was already in Federal custody in 2008, then in Sept. 11th or so, Mr. Moya was taken into (LAPD?) custody? (Miss answer but believe it is “Yes.”)

EH: Were you able to determine who the other perpetrators were in 2008? (snip) How were you able to determine who the other perpetrators were in...?

MW: Objection!.

JK:: Sidebar.

It’s 4:04 pm right now. My back is counting the minutes to when I get to stand up and stretch then walk to my car.

In September, 2008, Mr. Moya was eventually arrested for this crime?

Det. AS: Correct.

EH: You believed based on the video that there were other perpetrators outstanding, including the stabber?

Det. AS: That’s correct.

EH: You continued to investigate ... (?) (snip) You eventually took another look at fingerprint? (snip) During the two years, you continued looking for other suspects?

The detective then got other information, that sent him in another area (direction?). The investigation into the fingerprint and it’s comparison came back to Steven Vincente Simmons.

EH: Is he depicted here in this photo, People’s #137?

Det. AS: Yes.

EH: Are his tattoos also here in #137?

Det. AS: Yes.

EH: And then did you also look at based on officer Chacon’s (information?) and her identification card, (the relationship) Mr. Simmons had with Mr. Marquez ?

Det. AS: Yes.

Another photo of Marquez is up on the overhead screen.

EH: You knew that, Mr. Marquez and Simmons were in the same gang in Oxnard, Calif and (that) Mr. Marquez... (snip) Mr. Simmons is his “little homy,” based on the fingerprint and the relationship of those two men?

The detective utilized phone records to look at their relationship and investigate. Now going over Simmons phone calls on date in question. I believe at this point on the overhead, a photo of the Watt towers. (?)

EH: Were you able to figure out that Mr. Simmons had made three calls with a tower in Century City?

Det. AS: That's correct.

(I have three times I think, but they may not be right 12:03 at 5:41 pm and at 3:01 pm.)

Tower 81 at Century Park East.

EH: On the date of the murder, Mr. Simmons whose fingerprint was on that card (parking ticket), was within feet of the murder making phone calls?

Det. SA: That’s correct.

EH: In regards to Mr. Marquez... (was he within area of the ?) cell tower area?

Another question about Mr. Marquez.

Det. SA: Mr. Marquez number came to us through Jose Moya’s number.

EH: You looked through Moya’s (calls( to see wo he had contact with?

Det. SA: That’s correct.

There’s something about the Family relationship with Moya and Marquez; (?) married to sister (or a niece?). I still don’t get the relationship.

Emily G. is Moya’s sister and one of her children, I think has a child with Marquez. Melissa Gutierz, (is the?) daughter of Emily G.

There are cell phone calls linked to a tower just a few feet from Pam’s murder.

EH: You could plot out his (whom?) movements from Oxnard to Century City and then back that same day through cell phone tower calls?

Det. SA: That’s correct.

EH: (Did you further investigate Mr. Marquez (and) did (you) recover a photo of Mr. Marquez, people’s exhibit #143?

Up on the overhead screen is a group photo with lots of individuals I believe Harmon states it was obtained from Oxnard PD.

EH: Photo of Marquez posing with Lomas gang. He’s here in the front where it says Gabriel Marquez?

Det. SA: That’s correct.

I note there were lots of people in that photo. Too many to count.

EH: When you examined the Fayed Flip Phone, were you able look through it to identify some of the contents?

Det. SA: That’s correct.

Harmon marks next in order, People #144, and #145, photos.

EH: Is this the Flip Phone that was seized in the search warrant?

Det: SA: That’s correct.

Now going over with the detective the phone records of the seized Flip Phone and outgoing text message from the phone Jose Moya.

EH: See all those outgoing text messages? (snip)

EH: Did you search for those text messages (in the phone) to see if they were deleted?

Det: SA: Yes.

EH: Were they deleted?

Det: SA: Yes they were.

More listings are gone over regarding deleted text messages.

EH: Those were all deleted from the one (phone?)?

Det: SA: Yes.

EH: Were there any other text message on the phone?

Det. SA: No.

EH: none at all?

Det. SA: No let me back up on that. I believe there were some text messages from his daughter, but no one else. (snip) I believe those text messages were from throughout the year.

EH: Some text messages were retained?

(Yes?)

EH: Any that he sent out?

Det. SA: No.

EH: 4586 (Moya’s phone) How about the phone reported lost stolen?

Det. SA: No (did not recover).

Searched the happy camp property.

On August 26th 2008, the detective took over the investigation. He read all (the prior) police reports, got up to speed.

EH: At some point were you made aware that Shawn Smith wanted to talk to you?

Det. SA: Yes via the US Assistant Attorney General.

Harmon marks next in order, a photo of Shawn Smith.

EH: This man Shawn Smith, did you talk to him?

Det. SA: Yes I did.

EH: Was he in federal custody at the time?

Det. SA: Yes.

EH: He wanted to talk to you in relation to this case?

Det. SA: Yes.

JK:: Might this be an appropriate time to stop ?

EH: Yes.

I believe this is Judge Kennedy addressing the jurors.

JK:: It’s very likely that we will finish all the evidence in this case tomorrow. The defense expects to present and conclude his case tomorrow. Jury instructions can’t be finalized until all evidence is in. But, if all goes well we may be in final arguments on Friday. Once those arguments have concluded you would begin your deliberations. That’s the tentative schedule right now baring any unforeseen circumstances like, if the sewer lines break again. Hopefully, all will go according to plan.

Judge Kennedy admonish the jury again about talking about the case. Once the jurors have left, Judge Kennedy goes over tentatively with the first stab of jury instructions.

JK:: Any other issues? Jackson mentions his scheduling issues on Thursday.

AJ: It couldn't come at worse timing (for the closings). I have to be out of the courtroom at 11 am until 2:00 pm.

Jackson's preference. if tape being played would it be possible to break at 11 and resume at 2:00 pm.

JK:: I think that it’s not going to be possible to break at 11:00 am.

AJ: Could we start back up at 2:00 pm?

JK:: One of the thing that drives me crazy is to waste jurors time. I’m very cognizant of jurors time, and I don’t like to have them waiting around and it leaves time for mischief.

AJ: I can’t imagine why. I will confer to the court’s decision your honor.

And that’s it for this day. Judge Kennedy leaves the bench.