Monday, October 28, 2013

Joshua Woodward Prelim Day 1, Part II

 Joshua Woodward, after his arrest in 2009.

Continued from Day 1.....

October 21st 2013, Morning Session.
(Continuing with Detective Shafia's testimony under Prop 115 regarding what Ms. Doe told him. Sprocket.)

Ms. Doe thought that the whole process of Woodward reaching into the backpack, putting his fingers inside her and then going to the restroom afterwards was Woodward masturbating. She did inquire as to what he was doing. (I miss the detective's answer.)  The last time he reached into his backpack his phone lit up.

Ms. Doe stated that one time, between the third and fourth time, she felt like Woodward was hurting her, and she asked him to stop.  He was pushing his hand and fingers insider her vagina too hard. Before he left that night, she grabbed his hands, and her hands immediately started itching.  One of them asked the other if they were okay, and then Woodward left, around 7:00 AM.

Ms. Doe told Detective Shafia that the issue was the phone light coming on. (He?) moved away from the bed. Ms. Doe said he was down there with his phone, with his backpack. She saw this and said, "What the fuck are you doing?"  Ms. Doe said that Woodward replied that he was checking his emails.  Ms. Doe demonstrated for Detective Shafia what Woodward was doing. He was on his knees and had something in his hand, moving around inside the back pack.

Around 8:30 to 9:00 AM, she started to have severe cramping. At 10:00 AM, her cramping was more severe and she was throwing up, nauseous. "She was describing cramps like she had never felt before."

HB: Did she tell you how long?
JS: Until around 2:00 PM.

She was able to get to sleep then woke up around 5:30 PM.  Ms. Doe was still throwing up.  She moved to the bathroom and found spotting in her underwear. Ms. Doe's cramping was in her lower abdominal area. She took off that pair of thong underwear and changed to a larger turquoise pair.  She was still cramping. At some point, she noticed spotting in the turquoise underwear. She also noticed a white powder in her turquoise underwear. She went and looked at the thong underwear, and thought she found a similar powder.

She continued to have abdominal cramps. They got more severe and she started to have more blood come out. She called her sister and best friend McKell (sp?) for advice about what was happening.  She put tissue paper in her underwear.  The advice she received was that her symptoms were not a miscarriage.

Detective Shafia testifies, "She told me that she felt some excess come out of her."  Then she saw the baby come out of her ... the head, arms, and legs. ... Her demeanor changed. she was crying." 

Eventually her friend McKell showed up. Ms. Doe and her friend called the doctor at Cedar's Sinai Hospital.  The doctor told her there was nothing they could do.  The doctor recommended flushing the baby down the toilet.  Ms. Doe couldn't do it. Her friend couldn't do it.  Eventually her friend's husband flushed the baby.

On October 25th, Detective Shafia spoke to a Dr. Barry Brock.  "He told me it was an unusual phone call he received. ... He told them to flush the baby."

Ms. Doe went to the doctor on Monday at 2:00 PM.  After the 19th, 2:00 PM, she was no longer pregnant.  Detective Shafia had a discussion with Ms. Doe on whether or not to tell the defendant about the miscarriage.   Ms. Doe brought the topic up. She was very upset. She didn't want to tell him about the miscarriage.  She talked about Dateline and those shows.  She wanted to withhold the information from the defendant and have an investigation progress.

Detective Shafia's position was that she was upset, very emotional. It would have to be a choice that she made, if she did that.

Detective Shafia had another contact with Ms. Doe on October 21st. Ms. Doe called him about getting video from her apartment building and who she needed to call. She also told Detective Shafia that the defendant would be in Los Angeles on October 24th.  At that point in time, and the next day, Detective Shafia was able to do research and call the District Attorney and had formulated a plan to deal with the case.

Detective Shafia told Ms. Doe his plan and asked if she would participate and pretend she was still pregnant. Detective Shafia asks Ms. Doe to tell Woodward about her severe cramping that happened. That the doctor told her that if she ever did that again, she would miscarry and not have the baby.

The following day, Detective Shafia confirmed the defendant would fly in the next day. Ms. Does understood the information and relayed it to the defendant.

On October 25th, 2009, Detective Shafia took the lead role in the case. On October 25th, he went to the area of Ms. Doe's apartment building.  He arrived in the area around 1 AM.  He had Officer Javier Hernandez with him. He went to the parking lot of a Kentucky Fried Chicken (KFC), which is across the street from the building.

11:35 AM
People's exhibits #2, #3 and #4, are photos of the area.  People's #2 is an aerial photo of the apartment complex. Detective Shafia identifies where the apartment is in the photo, and marks on the photo where he parked in the KFC parking lot.  People's #3, more close up photo, that shows the buildings around the KFC.  KFC is on the NE corner of Hauser and 3rd Street.  People's #4, photo of KFC parking lot. This photo was taken at a different time than Oct 25th.  Detective Shafia marks on the photo the original position where he was parked.  The car he was driving was a 2007 Ford Crown Vic, 4 Door, dark gray with emergency equipment inside.

People's exhibits #5, people's #6, and people's #7, more photos.  People's #5 is another photo of the intersection of 3rd and Hauser.  People's #6, street view facing west bound.  People's #7, gate entrance directly across the street of the apartment complex.  The gate referenced in the photo is directly across the street from a portion of the KFC.  The handicap ramp at KFC is identified. There is a direct, diagonal line from (the gate?) to the handicap ramp outlined in the people's exhibits.

People's exhibit #8, another photo of Fuller and 3rd Street at the KFC.

On that day, Detective Shafia was not wearing his police uniform.  He was parked in that location because it was the best observation point where the victim said Joshua Woodward commonly entered the building.

The detective is asked to describe the neighborhood and the types of businesses.  Above 3rd Street, there's primarily residential buildings.  South of 3rd street, there are a number of multi-story buildings.  The only business on the north side is the KFC and a few others.

Detective Shafia and his partner were still in the vehicle at 3:00 AM. There were no businesses open. Detective Shafia doesn't recall seeing any foot traffic at that time in the morning.  At approximately 3:15 AM on October 25th, Detective Shafia and his partner observed a person.

Defense attorney Janet Levine states the defense will stipulate that it was Mr. Woodward.  DDA Balian would still like to have the defendant identified.  Detective Shafia states he recognizes the defendant. "He's waring a brownish-green suit and a blue tie."

Detective Shafia is asked were 8 oz Burger (aka Table 8) is located in relation to People's #2.  "It's somewhat northeast of this location."  People's #4 is presented.

HB: When you first observed the defendant, where was he?
JS: He was walking westbound on the sidewalk.

Detective Shafia places an X with an arrow on the exhibit.  Detective Shafia had already pulled forward and out into the drive. His headlights were on the defendant.  Mr. Woodward continued to walk westbound on the sidewalk. After he passed him, he pulled into the street westbound and ultimately made his way to the handicap ramp.  Detective Shafia pulled his car into blocking the back of the handicap ramp to block Woodward's line of travel.  Detective Shafia shows where on the map the movements he just described.  It appeared to Detective Shafia that Woodward was going to walk down the handicap ramp onto the street.  As he pulled up, the defendant kept walking. As the car blocked the ramp, he pulled up a bit so his partner could exit the vehicle.  Detective Shafia observed the defendant changed his direction.

Officer Hernandez quickly exited the car and addressed the defendant.

JS: I believe my partner said, "Are you Joshua Woodward?" ... He changed his direction to the car, walking northward.

Detective Shafia was still inside the car. He observed the defendant facing (his partner?) and asked if he was Joshua Woodward.  The defendant answered, "Yes."  He reached both hands into his front pockets of his pants, as if to get identification.

Then the defendant turned slightly to the right and pulled his hands out of his pockets.  He then observed the defendant rubbing, or grinding his right hand into his pants just below the pocket.  Detective Shafia didn't see anything in the defendant's hand at that time. He then observed a small piece of clear plastic fall to the ground out of the defendant's hand. To Detective Shafia, it appeared like the defendant was grinding something into his pants. Detective Shafia immediately grabbed Woodward's left hand. He then pushed Woodward back into Officer Hernandez. This move was to separate the defendant from the dropped item. Detective Shafia asked the defendant, "Joshua, what was that in your hand?"

There's an objection by the defense on Miranda issues.

12:00 PM
The lunch break is called. 

1:30 PM
I believe I am the only person in the gallery who is not related to or a part of the defense team.  There are quite a few here.  Ms. Levine and Mr. Currie are at the defense table.  There is another attorney of record on the case, Megan Weisgerber who is sitting in the chairs directly behind the defense table. There is a black gentleman who is sitting next to her.  This could be another attorney or the defense investigator.

In the gallery, there are three attorney's sitting in the front row, spread out. From memory, all of them have a legal note pad and are taking notes.  Sitting in the 3rd row directly behind me is a woman who I mostly saw work on a laptop and a man beside her who was often working his cell phone.

Over on the other side of the aisle, there was a youngish looking slender man with gray hair who is in the front row.  I believe he is also taking notes. In the row behind him are an older couple who, from the body language and from observing them communicate with the defendant, I believe they are most likely the defendant's parents. Sitting to the mother's right is a younger looking man who also has a notepad.

There are two men sitting in the third row far off to my left.  They are both all dressed in black. Black suits, black shirts black ties. At first, I thought they might be security for the defendant, but I've not seen them interact with the defendant.  They didn't act like Phil Spector's bodyguards did during his two trials. I have not seen them interact with the attorneys either.  My only guess is that they could be drivers for the family and/or the defense team.

When we go back on the record, Judge Pastor asks counsel if they wish to deal with the objection by the defense.  The people inform the court they wish to keep that issue pending and interrupt Detective Shafia's testimony to take the testimony of an out-of-town, expert witness.

To be continued in Day 1, Part III.....