Joshua Woodward at a prior court hearing in 2012.
December 16, 2013
8:48 AM
I'm on the 7th floor of the Clara Shortridge Foltz Criminal Justice Center, waiting for Judge Pastor's courtroom, Dept. 51 to open.
Judge Pastor's court clerk and his court reporter, Mavis, arrive around the same time. Mavis says hello.
Once inside Dept. 51, I see Woodward take a seat in the last gallery row on the defense side of the room. He's hard at work on his cell phone. It's another day with a cold courtroom. The defense has their materials all set up. I think this is a new bailiff in the room. I don't recognize him.
The clerk goes right to work and Mavis starts setting up her desk. Mavis is wearing a very nice gray and black outfit with a long jacket. It's freezing, freezing cold in here. As Mavis and the clerk chat, I overhear the clerk say that she's comfortable. I'm amazed because she's wearing a short sleeved top. I hear that the back rooms behind the courtroom are warm, stifling, but the courtroom is freezing.
8:58 AM
Detectives Shafia and Fairchild arrive. Greetings are exchanged in the well. Detective Fairchild sits at the prosecution table and Detective Shafia takes a seat in the jury box. Clerks from the DA's staff arrive to set up the overhead screen.
9:00 AM
DDA Rizzo and Balian arrive. Ms. Rizzo is wearing a lovely cream trench coat. It has these very large tortoise-shell looking buttons down the center of the back. I love this coat. The defense team works with moving the overhead projector device to use for exhibits during cross.
Marguerite Rizzo sets up the prosecution's files. DDA Balian is at the clerk's desk, going through a stack of files, possibly the exhibits. The clerk asks the room, "Are we ready? People, are we ready?" Habib Balian answers, "Yes."
There are two defense attorneys in the gallery row in front of me and 2 directly behind me.
9:05 AM
On the record in People v. Woodward. Appearances are stated for the record.
Judge Pastor starts off by stating there was a telephonic conference last week to defer (arguing of the motions). I believe either Judge Pastor states or DDA Balian states that the people are researching more electronic documentation. They will return on January 23 for argument.
Ms. Levine gets up to continue her cross examination of Detective Shafia.
There are questions about screen shots on Ms. Doe's blackberry.
JL: Was that a direction you asked Mr. Hernandez?
JS: Yes. ... I directed him to take photos of what he thought were relevant.
JL: So he made a decision?
JS: (Yes.)
Questions about the names of the other detectives in the Wilshire Homicide Unit in 2009. Detective Wong: Director of the unit. Detective Carrilo (sp?) is D3, supervisor of Homicide Unit.
JS: He's one step above me.
JL: (?) returned to Ms. Doe's apartment next day?
JS: Yes.
JL: (?) Retrieved some items?
Detective Shafia was appraised of that and items were collected afterwards. Now there are questions about phone calls between him and Ms. Doe.
JS: She was complaining about how long it was taking.
JL: Do you recall an email from Detective Fairchild inquiring about those calls in 2012/
JS: Yes.
Detective Shafia states he wrote her back that he didn't remember the conversations and he has nothing else to help him remember. Shafia states he's never been inside Ms. Doe's apartment that she had in October 2009. Detective Shafia states he had no personal knowledge of what her view was from her apartment. People's exhibit 2 is put up on the overhead screen.
Judge Pastor asks for a moment. He leaves his bench for a moment to turn on his computer.
JL: Detective, do you recognize this?
JS: yes.
JL: ... and this is the area where you arrested Mr. Woodward?
JS: Yes.
JL: This photo has (indications?) of what's north?
JS: Yes.
JL: He was arrested on the northeast corner of 3rd & (Houser?)
JS: Arrested in a cut-out area for wheelchair (access?).
Woodward was arrested with the assistance of Officer Hernandez. There are questions about where his car was parked and what direction it was facing.
Defense N. Photo of parking lot of KFC and apartment building where Ms. Doe resided.
Detective Shafia points out in the image where a white car is parked, that his car was in the approximate same position but his car was facing out (not in).
JL: The photo is a fair depiction of what his view was like?
JS: Yes.
Detective Shafia states he could not see how or when Woodward arrived in the area.
JL: Do you know if any time elapsed between the time Mr. Woodward arrived in the area and time he arrived...
HB: Objection!
JP: Sustained.
Question about the direction Woodward arrived walking when he was arrested.
JS: He was walking from Pointsetta towards Fuller.
Detective Shafia had pulled out from the spot when he first saw Woodward. He pulled out as if exiting to the street. The KFC was completely closed there was no staff inside.
JL: Did you see a taxicab drop Mr. Woodward off?
JS: No.
JL: In direct, you said Mr. Woodward dropped a substance in a plastic bag?
JS: Yes.
JL: And Detective Hernandez swabbed the item?
(Exhibit 18 - photo of swab tube against pants).
JS: (Yes.)
There are questions about the swab tube and it's description.
JL: Did you see Mr. Woodward earlier that day or was that the first time you saw him?
JS: First time.
JL: Nothing further.
Cross ends and redirect begins.
HB: Prior to taking the swab, did Detective Hernandez touch the defendant?
JS: Yes.
HB: Describe (that).
JS: He took a tactical position and searched him for weapons.
The witness is asked to describe the tactical position.
JS: Got him ready to be handcuffed.
HB: Did you observe Detective Hernandez touch Mr. Woodward's hands?
JS: Yes.
There are questions about the underwear. Detective Shafia did not examine the two pairs of panties for powder.
HB: Why?
JS: Those items had already been booked into evidence.
HB: (Regarding the incident at) Jamba Juice. I believe you testified about what Ms. Doe told you. Did she ever tell you in the October 20 interview ... Did Ms. Doe tell you whether the nausea she experienced, compared to other times?
JS: Yes.
HB: What did she say?
JS: She said she had only been nauseous a few times. ... This was much more violent ... of puking.
The questions about alleged incident on October 18th, in reality were late ... Sunday AM.
HB: During her description to you of symptoms, she had with the defendant during that incident, did she tell you she experienced any vomiting?
JS: Yes. ... That she had been puking.
HB: Now, late Friday, early AM Saturday, October 17th. ... She did not tell you about any symptoms she had? ... On that interview and that date, she did not tell you about any symptoms she experienced?
JS: Yes.
Detective Shafia did not ask her any questions or follow up questions. He didn't really ask her any questions at all. "It was more an informal interview. ... I just listened." Shafia is asked about the reference in the file to coroner Dr. Young.
The clerk interrupts to speak to Judge Pastor. It's a quick exchange.
HB: Does that note have anything to do with this case or investigation?
JS: No.
This is a hand written log that he made up to try to remember the case as well as other cases. He also responsible to other death investigations. Those other notes were turned over that had nothing to do with this case.
Now questions about LAPD SID employee, Dan Anderson (Anderson testified in the Lazarus trial as well as the two Spector trials.) and inquiring about the potential of the coroner's lab testing Misoprostol. The lab did not have the blanks for the Misoprostol to test. Dan Anderson gave Detective Shafia the contact of another person to help him with the case. Anderson is a toxicologist at the lab.
The chrono log, Defense exhibit L, is a log he prepared in relation to his testimony. He did not prepare it while investigating the case. It's what he prepared, in order to get ready for the case. Detective Shafia testified on cross there was no record of the conversation with Ms. Doe.
HB: Didn't you in fact document that in .. You did document that contact in the original arrest report?
JS: Yes.
HB: Which report did you document?
JS: The original arrest report.
HB: Regarding the 2010 calls he received from Ms. Doe, I believe you testified on cross they were case related?
JS: The calls received ... were inquiries from Ms. Doe. (Such as) Who was the DA. What could she do to speed things up.
There are questions about the calls. Detective Shafia doesn't remember. It was about the content of the calls.
HB: Questions about how you were parked in KFC. What were you focused on?
JS: We were in a stand down position; waiting. ... call from Ms. Doe that Woodward was in route.
Detective Shafia wasn't looking at traffic or particular cars.
HB: Why were you there on that night?
JS: I had information from Ms. Doe that Woodward would be in town. That he would be coming there after he closed the restaurant, and that Ms. Doe told him that he usually would come through that north gate.
HB: The final incident. Did she tell you how long after the final incident she started experiencing cramps?
JS: 8:30 AM ... The intensified to extreme hard cramps. Enough to notify her doctor and sister.
DDA Balian asks the detective to go to Page 28 line 20 of Ms. Doe's interview to refresh his memory. Detective Shafia reviews the transcript then testifies.
JS: That the cramping symptoms were in full swing. The worst she ever felt. Nothing like it.
HB: What was her exact words?
JS: They were just full on. Like I'd never felt.
HB: Experienced when? What time?
JS: 10 AM.
Redirect is finished and Ms. Levine recrosses the witness.
JL: Communications with Detective Fairchild, about calls (from Ms. Doe), you could not remember the calls or the content?
JS: Yes.
There's no more redirect. Judge Pastor asks, "Should Detective Shafia remain on call?" The defense replies, "Yes."
Detective Shafia is ordered back on January 23 at 9 AM. There is a discussion about a health issue Detective Shafia has scheduled to address on January 24 and the stress of being in court the day before.
JL: Maybe we don't need Detective Shafia.
JP: That would be great.
Detective Kimberly Fairchild is called to the stand. She's still under oath.
DDA Balian presents the witness.
9:50 AM
Detective Fairchild is currently assigned to LAPD Robbery Homicide - Special assault section. She's been a detective for 12 years. Her assignment in 2009 was to the Juvenile Division, Abused Child Unit. She investigated deaths of children under 11 years of age. She was officially assigned the case on November 2, 2009. This is the type of case she would routinely handle.
She handled and booked (evidence?) under case number 09-0719880. She also wrote reports under 09-0719173.
On January 29, 2010, she interviewed Cheryl Will (sp?), supervisor for LAPD narcotics lab, who was overseeing the analysis of evidence collected in the case. Those were items #15, #16, #17, #18 and others.
HB: What did she tell you?
KF: Their labs were not equipped to do the testing.
HB: February 3, 2010, what action did you take with respect to this case?
KF: Transported items to the DEA lab in Vista, CA.
Detective Fairchild thinks the individual she handed the evidence items over to was a supervisor named (Cheche? sp?).
HB: Did you participate in an interview with Ms. Doe and Ms. Rizzo in this case/
KF: Yes.
Detective Fairchild identifies a photo of Ms. Doe. (The photo is not put up on the overhead screen.)
HB: What was her demeanor?
KF: She was very upset at times, crying and (other times) would be angry.
HB: Did it appear to you ... recalling information...
JL: Objection! Calls for conclusion.
(missed ruling)
HB: Did you ask her ... were questions asked of her?
KF: Yes.
HB: That asked for specific information?
KF: Yes.
HB: Based on questions asked, did she ever indicate to you, even though she was upset, crying, did she...
JL: Objection!
JP: Sustained.
HB: Given her demeanor, did she ever indicate to you she had difficulty remembering events?
KF: No.
Ms. Doe related events regarding (her interactions?) with Woodward. Also spoke to her afterwards. Ms. Doe identified a photo of Woodward. Detective Fairchild also identifies the defendant for the record.
HB: June 24, 2010, you interviewed Ms. Doe on that date. Did she tel you when she met the defendant?
KF: She said she met him in 2000. ... At the time she was a bartender at Saddle Ranch and she had met him there.
Detective Fairchild has been to Ms. Doe's apartment. She's also been to Jamba Juice; it's in The Grove mall.
HB: Interview on June 24, 2010. Did she at some point, she told the defendant she wanted to know the baby (due date?)/
KF: She said that he became very angry. (He told her) "You can't keep this. It would ruin me." ... I think she said that he threw himself on the floor and he was so angry.
HB: Did she tell you he did anything else while on the floor?
KF: That he would buy her a real estate business if she would abort.
HB: No, I mean, what else he did?
KF: No, I don't recall.
(Question or answer) He was crying and he told her it would ruin his life and she couldn't have it.
HB: Did she talk to you about the Jamba Juice incident at The Grove?
KF: Yes.
HB: Did she give you a specific date?
KF: She didn't give a date.
HB: ... went through steps to give an approximate time line?
KF: Yes.
Questions about Ms. Doe having (interview? meeting? with defendant?) at 8 Ounce Burger to, (possibly) a friend buy (her?) a business.
KF: Approximately in September. .. Her impression was, they were going to talk about the baby but they talked about his bankruptcy problems.
Another meeting Ms. Doe had with Woodward is discussed.
HB: Approximately when was the next time?
KF: She said weeks later ... would be in October 2009.
I believe the entire answer to the last question is stricken.
KF: She said next meeting was weeks later, after the 8 Ounce Burger meeting.
HB: The meeting at The Grove (Jamba Juice) was before that meeting? (Before Oct 18th?)
KF: It was before. ... She said she received a text message from Joshua telling her to meet him at The Grove. ... She met him there. He had a Jamba Juice ready for her. It was watered down. ... She did not ask him to order it. She accepted it. ... As they were shopping, she started to feel ill. ... They were talking about the baby and he seemed to be more accepting. ... She told him it tasted funny. ... He grabbed it; tasted it and said nothing was wrong. ... She continued to gt ill and went home. Twenty minutes to an hour later, her symptoms .... violently ill. She was vomiting and had diarrhea ... about five times during that period.
HB: During the interview on June 24, 2010, did she talk about the incident on October 17th, early morning ... Saturday?
KF: Yes.
HB: Did she tell you about what time he arrived?
KF: ... they are together and ended up in bed. She was describing the foreplay.
They began kissing. He reached down to his pants, then reached into a back pack. Then he put his fingers insider her. It was the same hand. He penetrated her vagina with his hand for about five minutes. It was very hard and uncomfortable. That was something out of their ordinary, in their sexual routine. He had never done that before. He stayed for a little while and left after seven or eight AM.
KF: She said she experienced abdominal cramping, fatigue and sweating, ... feeling out of it. She called the on-call doctor at Cedars. ... She called her work and called in sick.
HB: (What work?)
KF: She called into her bar tending and also her real estate (job).
HB: Did you write into your report Saddleback Ranch? ... Did you write into your handwritten notes?
KF: I would have to refer to my notes.
I am freezing in this courtroom. I don't know how I am going to last through the morning.
KF: It's not in my notes.
HB: Did you participate in an interview with Ms. Do, Ms. Rizzo and myself (on) December 12, 2012/
KF: Yes.
HB: (What was the purpose of the interview?)
KF: For Ms. Doe to meet you and also clear up what phone she used to make calls, and if she used a land phone.
HB: What was her response?
KF: She said she never called a doctor at Cedars in 2009.
HB: Did I confront her? ... Did I ask her if she had told you and Ms. Rizzo?
KF: She said, "I never said that, and you must be mistaken."
There are questions about Ms. Doe and the October 17 event.
KF: She then said, "I never said that. I never said there was cramping. I just said I was out of it and tired." Like she was in a fog.
HB: How adamant was she that she didn't experience cramping on the 17th?
JL: Objection! Conclusion!
JP: Sustained.
She was upset and very forceful that she had never called the on-call doctor and was very certain that she had never said (about) the cramping. (In relation to Oct. 17.)
HB: What was her demeanor when she said she never called the doctor?
KF: She was very sure, very forceful that she had never had that call. ... She was again very forceful that she had never called Saddleback Ranch. ... She said she didn't work at Saddleback. She worked at another location.
Detective Fairchild called Saddleback Ranch and spoke to a Mr. Pollack. He said Ms. Doe worked there from 2000 to 2002. She was not employed there in 2009.
10:30 AM
I'm watching the clock like a hawk since I am so cold. (They keep saying Saddleback however online it states the restaurant is Saddle Ranch. Sprocket.)
HB: June 24, 2010 interview ... where you said in your report where you report Ms. Doe experienced cramping. Is it possible that Ms. Doe did not tell you? ... How quickly, during that interview was Ms. Do speaking/
KF: She spoke very quick, very fast.
HB: She was speaking quickly?
KF: Yes.
HB: Was it hard to take notes?
KF: It was hard to follow. ... She would skip around on events, between October 17, October 18. Back and forth between dates.
10:32 AM
The morning break is called. I get up and move around to get some blood circulating again. Several of the attorneys are shivering like I am and commenting on the cold courtroom.
10:52 AM
HB: June 24, 2010 interview. Did you speak to her about the alleged incident that occurred on October 18, 2009?
KF: Yes.
HB: Did she discuss with you symptoms she experienced after Mr. Woodward left her apartment?
KF: Yes. ... She said that almost immediately after he left, she had cramps, feeling feverish, sweating and diarrhea.
DDA Balian ask her about a follow up investigation (report? chrono in log?) dated August 9, 2010.
KF: She said that she got chills. She began sweating and started violently vomiting. ... This was around seven to eight in the AM. ... Cramps like she never experienced before. ... She then laid down. ... She contacted the on-call doctors at Cedars. ... At 10:15 AM, she was still feeling sick, cramping and called in sick to her real estate job. ... She still was feeling sick, ... some cramping.
She said at about two to three PM, she went to the toilet to urinate and noticed spotting from her vagina when she wiped herself. ... She was concerned so she called the on-call doctor. At five PM she started to feel a little bit better. At six PM she was still feeling (okay?). Not a lot of symptoms. No symptoms in report. She said she still felt pressure in her abdomen.
At nine PM she stood up and water came out of her vagina. She went to the bathroom; there was more gushing out of her vagina, blood clots. She then looked in the toilet and saw her baby in the toilet. She wiped herself, called McKell, (sp?) her friend, and told her about it.
(A date, May 6, 2011 is discussed. This is possibly an interview with "McKell" (sp?). My notes are not clear. Possibly the interview was also with Ms. Rizzo present. Sprocket.)
McKell went to Ms. Doe's apartment. (Ms. Doe?) knew that it was Woodward's baby because she had not had sex with anyone for about a year. She had never seen a black backpack before.
McKells husband, Jay (Cremin? sp?) is mentioned. I believe Detective Fairchild interviewed him also. He was married to McKell. While Ms. Doe was miscarrying her baby, she called McKell.
Now there are questions about what Mr. Aremis said his wife said to him. There are several questions and then there's an argument about what Detective Fairchild can testify to.
HB: In interview with Jay Cremin, did he tell you what if anything ...
KF: He said that McKell received a phone call from Ms. Doe. ... He was present in the home. ... McKell left the apartment. ... The car ride from his apartment (to Ms. Doe's?) was about five to seven minutes. He had contact with mcKell, five to seven minutes after.
HB: Did he tell you that McKell asked him to do something?
KF: Yes.
There are lots of objections with this testimony.
KF: First, he went to Ralph's (grocery store) to pick up gloves and maxi pads. ... When he arrived (at Ms. Doe's apartment) Ms. Doe was out of it, upset and crying. McKell was there. ... He saw blood on the floor and on a towel. He opened the toilet lid and saw blood and saw a baby that was smaller than his fist and looked normal. ... He said he got some toilet paper and cleaned up and flushed the contents of the toilet. It took several attempts. ... He then went into Ms. Doe's bedroom. ... McKell was there. Ms. Doe was upset.
HB: Did he tell you whether he looked into a pair of turquoise underwear?
KF: Yes. ... He saw white powder on the turquoise underwear. ... He said that the police should be notified.
According to Jay, Ms. Doe did not want to call the police. She was not out to get the defendant. She had to be talked into it.
There is argument between counsel as to if this is relevant. Judge Pastor rules that he is going to allow it.
KF: Jay said that Ms. Doe told him that she didn't believe that Joshua would do that to her and she wasn't inclined to call police.
HB: Did Jay tell you whether Ms. Doe ... willingness to go and call police?
KF: He said at one point McKell Googled white powder. ... He observed McKell on the computer Googling white powder.
JP: In regards to Ms. Doe, evidence code 1250.
KF: Ms. Doe was present (as?) to McKell's Google search. ... Sometime after that, Ms. Doe (? prayed?) together.
JL: Objection!
JP: Sustained.
Gail became angry and decided to go to the police. Direct is finished and cross begins by Ms. Levine.
Ms. Levine asks about the Google search. The name "Google" was given to Detective Fairchild.
JL: Who's computer was it? ... Who told you which computer? ... Who searched what computer when and was the search for "white powder" and abortion?
(miss answer)
11:20 AM
October 5, 2012. Detective Fairchild verified that M.s Doe told her she searched "white powder & abortion." Detective Fairchild never searched Ms. Doe's work computers. A roommate named Sam, Detective Fairchild never interviewed.
JL: Do you know if Sam had a computer that was on the premises?
KF: No.
JL: When did you first obtain Ms. Doe's computer?
KF: I don't recall.
She first seized it in April 2010 and seized it again in 2012. There are questions about Detective Fairchild's training. She's been an officer 23 years and a detective 12 years. Ms. Levine asks the witness if she ever asked someone if they could slow down, or ask to repeat. Detective Fairchild is asked if she has ever taped interviews and about her experience in interviewing subjects before.
JL: Did you expect if Detective Shafia had spoken with Ms. Doe, he would tell you about it?
KF: Only if it was relevant to the investigation.
JL: You are aware that there were two calls in 2010 that lasted at least 20 minutes? (Between Shafia & Ms. Doe?) ???
HB: Objection!
I believe Judge Pastor rules 352.
Ms. Levine asks about an interview I believe in May, 2011. Detective Fairchild has been in Ms. Doe's apartment five or six times in the last three to four years. Detective Fairchild has interviewed Ms. Doe three times. During those different interviews (and /or visits to Ms. Doe's apartment), Detective Fairchild took photos, Ms. Do identified Mr. Woodward from photos and she returned Ms. Doe's laptop to her.
11:30 AM
JL: Did you ask Detective Shafia about the tape not working of the first interview?
KF: He just said that the tape just shut off.
In a question about missing photos when the file was transferred over:
KF: When I got the murder book, I thought everything was there?
JL: In conversation with Ms. Doe, did you ever have a conversation that (wasn't?) recorded on notes or?
The dates she interviewed Ms. Doe: April 2010; June 2010; May 2011; Sept. 2012.
JL: Did she ever call you ...
KF: (She would complain about the case.)
JL: Did you ever ask her any questions?
KF: No.
KF: She had mentioned that she was going to sue Mr. Woodward civilly.
Detective Fairchild didn't write that in any notes or logs.
JL: Did you inquire what she was suing him for?
KF: No.
JL: In that interview in Ms. Rizzo's office, was there some time limit?
KF: No.
After the interview, she wrote notes contemporaneously.
JL: Written contemporaneously? ... We you taking notes as Ms. Doe was talking?
KF: Yes.
JL: then you went back and wrote a report?
KF: Yes.
Defense exhibit P, her report (dated October 9, 2010?).
JL: Did you write this based on your memory and your notes? ... Did you ask Ms. Rizzo or did you do it all by yourself?
KF: I did it all by myself.
Detective Fairchild reviewed all the reports in the file and was aware of prior interviews.
JL: Were you present at a November 11, 2009 interview?
KF: It was conducted at Ms. Doe's apartment.
JL: You did not do an inventory of Ms. Doe's ...?
KF: No.
JL: Do you know if there were any drugs or alcohol ... in her apartment?
KF: No.
JL: Any Misoprostol?
KF: No.
Detective Fairchild was not present during the "sting." In the first interview with Ms. Doe with Ms. Rizzo, it went from topic to topic.
JL: You knew that she was an actress and taking acting lessons?
HB: Objection!
JP: Sustained. 352.
JL: At the time you interviewed her in 2010, you heard testimony that Mr. Hernandez was (authorized? with?) to take photos of text message of what he determined was relevant?
KF: ... first saw those .... can't remember. ... did not have those with me when questioning Ms. Doe.
Defense exhibit I. (I miss rewriting what this document is. It might be a list of text messages.)
Going over the photos of the texts dated October 7, 2009. The text messages mention Jamba Juice.
"I almost puked on you that's why I left."
JL: So that means the Jamba Juice took place before the first visit with Dr. Tsu.
More questions about the text messages. Part of the report said Ms. Doe accused Woodward of poisoning her. There's a question about the missing text messages that Ms. Doe deleted (off of her phone). Now there are questions about the first time Detective Fairchild saw the panties and the powder in the panties.
The first time she viewed the panties was at the property room and viewed the underwear.
JL: September 2013 about right/
KF: That's correct.
JL: Was the first time Ms. Doe told you you were wrong, was when Mr. Balian and Ms. Rizzo were all together?
KF: Yes.
The September 2012 meeting was to determine if she used a land line in 2009. That was the first time she asked Ms. Doe if she used a land line. Detective Fairchild never asked Ms. Doe for her phone bills. Detective Fairchild obtained Ms. Doe's phone number. She had two cell phones.
JL: She had two physical cell phones?
KF: Yes. ... I believed she used one and then it stopped. And then used another.
JL: Did she have more than one cell phone number?
KF: (No.)
JL: did she have more than one text address?
KF: No.
JL: Did you know that she communicated with Detective Shafia by email?
HB: Objection!
JP: Sustained.
JL: In the September 2012 interview with Ms. Doe, you were asking if she communicated with Mr. Woodward by cell or land line?
KF: I think that was to determine which phone she used to call in sick and to call the doctor.
JP: Did she indicate she had more than one bartender job in 2009-2010?
KF: No.
Detective Fairchild did not interview her boss at the bartender job. She did not interview him to verify Ms. Doe called in sick.
JL: Did you ask for information to show they dated?
KF: She said they had known each other for ten years and had communicated on and off.
JL: (She said?) she hadn't spoken to him in over a year in August 2009?
KF: Yes.
I believe Ms. Levine asks if Ms. Doe first told the detective she called in sick on October 17 but in a later interview she said she hadn't. Fairchild is asked abut the date of when she went to Table 8. Detective Fairchild's report says they were all drinking alcohol. Detective Fairchild states that Ms. Doe was referring to Joshua and the friends. Her report doesn't say that.
Cross is not finished yet.
1:30 PM
There are four defense attorney's in the well and four defense staff in the gallery. Woodward takes his seat at the defense table. Thankfully, the courtroom is much warmer.
1:33 PM
The clerk asks, "Counsel, are you ready?" DDA Balian replies, "Yes."
Judge Pastor takes the bench. He apologizes to Detective Fairchild for addressing her with an incorrect name. She retakes the stand.
There is some discussion about photos that had not been in the murder book in print form but were on disk. There's a question about cell phone numbers of Ms. Doe's phone and if it was used to obtain cell phone records. Detective Fairchild also had Mr. Woodwards' cell records by search warrant.
Cell records were obtained from August 2009 to October 26, 2009 for Ms. Do and Mr. Woodward.
JL: Did you compare photographs from Officer Hernandez photographing (the texts) to cell phone records obtained via subpoena?
KF: No.
There are questions about who did a computer search for "white powder" and "abortion" and who didn't.
KF: Ms. Verde (sp?) (This must be McKell's last name. Sprocket) said that she and Ms. Doe did the computer search.
Detective Fairchild talked to Ms. Verde about what she saw that evening.
JL: That she saw Mr. Woodward on the street.
HB: Objection! Beyond scope.
JP: Sustained.
JL: .... asked Ms. Verde about the 18th and the 25th?
HB: Objection about the 25th.
JP: Sustained on the 25th.
I believe the defense argues to get this information before the preliminary hearing. I believe it's Ms. Levine who makes an offer of proof to the court.
JL: Ms. Verde was parked on fuller on the 25th. She was waiting outside. She saw him get out of a cab. ... get out walking around ... on cell phone smoking.
HB: All of this testimony what she saw, would have been out of Detective Shafia's view.
I have in my notes more questions, and it appears that these questions were allowed by Judge Pastor.
JL: She (Ms. Verde) was parked on Fuller?
KF: Yes.
JL: She saw him walk up and down the street?
KF: Yes.
JL: She saw him make several phone calls?
KF: Yes.
JL: She saw him arrested?
KF: Yes.
JL: Did he walk around the block?
KF: Yes.
Now a question about the October 17th incident. Ms. Doe discussed the mechanics of the placement (of the white powder). Detective Fairchild went into Ms. Doe's apartment. The bed is higher than the floor. Ms. Doe was simply watching what Mr. Woodward was doing.
JL: Did you ask her if he used a lubricant? ... How the powder got off her hand ... got into her vagina?
KF: She said that she was excited and that the powder would have adhered to her.
Apparently, Detective Fairchild had not told that to anyone before today.
JL: Where is that in your reports?
(miss answer)
Ms. Levine goes over the sequence of events that Ms. Doe claimed happened on October 17 and 18. On the 17th, it happened once (insertion of powder into her). On the 18th, several times.
JL: Did you ask about (lighting?) conditions of ... room?
KF: No.
JL: Did you ask Ms. Doe if the light was on?
KF: She didn't specify.
JL: Did you ask Ms. Doe if she used glasses or contact lenses?
KF: No.
Cross ends and redirect begins.
HB: During the June 24, 2010 interview with Ms. Doe, did she say whether she saw the defendant before early 2008 - 2009?
KF: She said she didn't see him.
HB: Counsel asked you on cross examination whether Ms. Doe told you she was drinking alcohol when she was (drinking at the restaurant with friends & Joshua) ... that would have been .... do you recall that?
KF: Yes.
HB: Counsel said in report ... In your hand written notes, did you write: "Entered restaurant and sat down with friends that were drinking?"
KF: I meant that Josh and his friends were the ones that were drinking.
Question about an interview with McKell Verde (sp? on September 7, 2012.
KF: Yes, they were friends.
HB: Did she tell you about her relationship with Mr. Cremins?
KF: Yes. Her husband was Jay.
HB: Regarding the arrival of the suspect on October 25, 2009. Where did she (McKell) tell you she parked her car?
KF: She parked it on Fuller.
HB: Where did she tell you she parked?
KF: I believe it was on the west side.
HB: Could you look at your report?
Detective Fairchild takes out her report and reviews it.
KF: She said she had parked her car across from Kentucky Fried Chicken facing the apartment complex.
She (Ms. Verde) said Woodward arrived via taxi, just est of Ms. Doe's complex. He began walking down Fuller towards his car and he walked right past her. She observed him smoking a cigarette and talk on his cell phone. He was walking back and forth, pacing. Then he took off down the street and walked around the (corner?).
People's exhibit 3. Overhead view of the streets. DDA Balian asks the witness to indicate where.
KF: He walked past her car northbound.
The witness is asked to place an X on Fuller and a cross street.
She saw him go right. ... He left her view, eastbound. The next time she saw him, she saw him walking west bound on 3rd Street. That was toward KFC. This would be consistent with walking around the block. The cab dropped off Woodward in a spot that would be blocked (from Detective Shafia's view).
Ms. Levine has no more recross.
People would move all of people's exhibits into evidence. Ms. Levine asks that they hold on that until the 23rd of January. Then Ms. Levine asks for a few minutes as to whether or not they will decide to go over the exhibits now and decide on which ones to accept into evidence.
There is a short break. They go off the record.
2:07 PM
The prosecution returns. Ms. Levine asks to withdraw Detective Shafia's notes, informally 24A.
2:10 PM
Back on the record. Exhibit 24A is withdrawn. People's 1-24 are (received?) for in evidence. At this juncture, contingent on the upcoming (1/23).
I believe Judge Pastor asks, "Do you ... an affirmative defense?" Ms. Levine responds that it will depend on the results of the search (of records?) they are doing today.
I believe Judge Pastor asks, " Do you want any defense exhibits admitted?" I believe the prosecution offers, "If they want to let us know..." Judge Pastor responds, "I'd just would have as much notice as possible." I believe Ms. Levine states she would let the people know by January 10th.
Judge Pastor tells counsel, "If there is something else by (discovery?) standpoint, I'd like to be notified." I believe he then asks, "When can the defense have motions filed?"
The rest of the discussion is when motions and responses are due. Defense motion due by Jan 13th. Peoples response by 4 pm Friday 17th. That will give Judge Pastor time to review all motion documents.
Mr. Woodward remains on bond. He is ordered to come back January 23rd at 9 AM Thursday. There is a question about a telephonic conference and Woodward gives his waiver that his attorneys can represent him at that conference. And that's it.
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