Monday, April 27, 2015

Cameron Brown 3rd Trial, Day 21 - Prosecution Testimony Continues

Lauren Sarene Key, 4, died November 8, 2000.
According to her mother, Lauren loved to wear dresses.
Copyright© Sarah Key-Marer, all rights reserved.

UPDATE 4/30 9:00 PM fully edited for spelling, readability and accuracy
Monday April 27, 2015
8:40 AM
It's a short half week this week. Court is dark from Wednesday afternoon through Friday. The jury site visit is scheduled for Thursday, May 7. As of last Friday, the defense still had not decided on whether or not Brown would attend the visit. I believe he attended the last two jury site visits.

When I started covering the case, I had initially planned on petitioning the court to attend the site visit as a member of the media. For personal reasons, I changed my mind.

Mr. Sprocket and I did an extensive trip out to Inspiration Point during the second trial in 2009. I documented that visit through video and photographs. The links can be found on the Cameron Brown Quick Links Page. Although I don't know specifically, which points the jury will visit, I believe I will be able to find out afterwards. Mr. Sprocket and I buried 'Rudy' Rocket Saturday evening next to his namesake, Sprocket. It's been a very sad time for both of us.

9:15 AM

Inside Dept. 107.

There is a hearing outside the presence of the jury going on as I enter Dept. 107. It appears to be information the Defense found out regarding Dr. Hayes testimony.  The defense expert thought he found something regarding Dr. Hayes exhibits. The defense expert told Mr. Laub what they thought they found on Wednesday. But

I walk in, in the middle of this. I'm not exactly sure what is going on. After Mr. Laub makes a statement that the prosecution had this information.

DDA Hum responds to Mr. Laub in a focused voice. "Do not smirk at my statements. Do not impune misconduct to me." For the first time, I see DDA Hum appear to get angry with Mr. Laub.

The court inquires and states that the defense expert had this [Dr. Hayes'] information since 2009.

The word "altered" and "molded" is thrown around.

The court states that Dr. Hayes should have been examined on it. He should have given an opportunity to address this information.

The court is grilling Mr. Laub on when his expert knew and when he told Mr. Laub. DDA Hum wants to make it clear, that Mr. Laub didn't know that this information existed until Sunday.

DDA Hum says, I think my problem is, we hear that we met with him on Sunday. Did Mr. Laub meet with him on any inkling of something was amiss [prior to that?]...

It's about a spreadsheet in a chart that allegedly was altered, or a line removed on one of Dr. Hayes' exhibits, regarding a trip and fall off of Inspiration Point.

Then DDA requests that Dr. Sigmund be precluded from testifying until Dr. Hayes could be questioned on this.

Mr. Laub insists that the first time he heard about this issue was Sunday. The court and Mr. Laub go back and forth on this issue.

The court states, how can Dr. Hayes be examined on something he never testified to. There was no foundation laid. He has to commit to a particular point, before Laub can impeach him. There in lies the problem, the court states.

It looks like the defense will not be allowed to call their expert to kick off their case. They will have to  call standby witnesses.

DDA Hum brings up issues with Dr. Sigmund's testimony and experiments that they did with a dummy off of IP.  Dr. Sigmund used a water rescue dummy.  Water rescue dummies have never been used to replicate human bodies and how they interact with the environment.

The court asks Laub if his expert will state that the dummy experiments can replicate what happened to Lauren. I believe that Laub states this is a possibility.  Then DDA Hum reads from the prior cross examination testimony of Dr. Sigmund. Dr. Sigmund testified in the prior trial that the dummy was not a representation of Lauren and would not represent how she would interact with the cliff.

DDA Hum details the difference between Dr. Hayes testimony and Dr. Sigmund. The pelican box gives us trajectory through space. The court states, that if the defense expert's experiments were to show the interaction of the body with the cliff, then that's different, and it's irrelevant.

The court asks Laub to bring his expert in and to consult with him in the jury room very quickly. The witness enters and Laub and the witness go back to the jury room.

9:55 AM
The court calls for the jury.
The court talks about the trip and one juror asks if they can wear shorts. Judge Lomeli doesn't care.

Contact with the defendant's wife on November 14, 2000. What happened on that date? We knocked on the door and announced who we were. Patricia Brown said through the door that Mr. Brown wasn't home. She couldn't open the door because she was not clothed.

We said that we wouldn't wait. She did have clothes on and she handed us the two business cards for the two attorneys. Patricia Brown declined to speak to them.

People's exhibit, a street map of the lower peninsula. It's a large exhibit. People's 137. Map of the general area between Lauren's preschool in Costa Mesa, and the residence of the defendant's and Patrica Brown's condo in Ventura County?  Yes, it is.

Preschool Montessori Irvine Address.
Ventura Condo.
Circle the area of Inspiration Point on the map and write Inspiration Point.

Did you interview Marlene [?] by phone? Yes.

Did you go to Inspiration Point and meet there with Sam Omar 11/15? Yes.  Did you take a series of photos with Mr. Omar? Yes, prospective photos.

Puts up the photos he took with Mr. Omar at Inspiration Point.  He was pointing to where he initially saw Mr. Brown and Lauren walk.  And also the last place he saw the defendant walk.

ON Nov 15, did you interview Deborah Jenkin, the woman from the Abalone Cove parking lot? Yes. Was that also the day of Lauren's funeral? Yes. Did you attend the funeral? Yes.  Could you describe Sarah's demeanor at that funeral? It was the most painful, horrific wailing I'd heard in my life.

Did you do anything else? We had set up a checkpoint, in an effort to set up witnesses.

[On] 11/16, did you interview Jeremy Simmons? Yes. Then Captian Curcio? [Yes.]

Did Captain Curcio tell you anything about what the defendant told him about Lauren in the water?

My conversation with Capt. Curcio ... was that the defendant had said to him, that he looked over the cliff while still at top, and was able to see her in the water. It shocked me, so I asked again. Objection shocked. Stricken.

[Another question.] I clarified with him. I asked him again are you sure what he said, and Capt. Curcio verified that was what Brown told him.

If you had known that statement, prior to knowing that, would you have questioned the witness about that because it was inconsistent with what he told you? Yes, absolutely.

On [Dec 2?], did you go back to Inspiration Point again? We wanted to see the inlet from the Sacred Cove side. We were unaware that there were two inlets and we wanted to see what it looked like on the opposite side. [You were] trying to look at it from Jeremy Simmons point of view? Yes.

Also went to the top of Inspiration Point, and noted that Ms. Key-Marer there with her friends and family. Laub objects, 352. The court over rules. [Can you tell us her demeanor?] She was just aimlessly wandering, aimlessly on top of the cliff itself.

Laub asks to approach.

With regard to Ms. Key-Marer wandering aimlessly, did she also request she take her to various locations at Inspiration Point? Yes, I got her off the cliff.

Did you also point out the area of the hike, that Mr. Brown took Lauren on? Yes.

Did you also take Ms. Key-Marer to the playground? Yes we did.

Did you interview [various other witnesses]? Yes.

Two weeks after Lauren's death, they also set up an additional checkpoint.  Also interviewed other witnesses.

Lauren's lunch pail was opened in front of Sarah Key-Marer.  Describes all what was in the lunch pail, and all the items that had not been eaten.

Details other witnesses that were interviewed.

On Dec 27, of 2000, did you prepare a search warrant for phone records for the defendant and Patricia Brown's residence? Yes.  Was there a particular call on 10:40 PM, to a number that you recognized? Yes.  That was on their phone records? Yes. What number was called on 10:40? It was to the home number of Patricia Brown's attorney. Objection. Sustained.

[Another question.] The business card that Patricia Brown handed to Detectives had the home phone number of the attorney written on it.

There was a search warrant served on Brown's home on [?]. They were at first ignored [by Brown and his wife] and then after they said [? they would have to damage the door, the door was opened.]].

Did you ask the defendant for his boots? He said he had thrown them away, because they had been ruined by the salt water. He said he would have given them to us, if he knew they wanted them.

There were two bedrooms, one was set up as an office. They seized two computers. References the print out of the computers that was stipulated to.

Found photographs of Lauren at the residence. Series of four photos, People's 69 for identification.

These are Polaroid photos. They are photos of Lauren's legs showing the tops and underside of her legs.

One page note was also seized. Addressed to Cam and signed Patty. People's 50 for identification. It's a handwritten note. [I note that it's written in a partial print, partial script handwriting. I remember seeing this note in the second trial.]

Ask for sole legal and and sole physical custody of Lauren If they tell you that you don't have a good chance of getting it, tell them you want to go for it anyway.

I love you
Stipulated #50 signed Patty, was written by Patricia Kaldis Brown, the defendant's wife.

Did you also from the residence seize an envelope, containing various pages of writing? Yes.

13 page document, the front is a photocopy of an address label Cameron J. Brown, be marked people's next in order. I believe it's 134.  Marked.

After Laub looks at the document, he asks to approach the court.

I believe DDA Hum needs to re-number the map of Costa Mesa to Palos Verdes .

Is that first page of a photocopy of the envelope where the documents were found? Yes it was a manila envelope.

Did you also find underneath the bed in the room that was being used as a bedroom, a box that was a cigar box? [Yes.] There were photos of Sarah KeyMar were cut out, they appeared to be cut out and they were placed in a cigar box? [Yes.]

Where was this box located in the residence? It ws inside a black suitcase, that also included some black candles and some black sculptures or something.

Next exhibit, photos of the suitcase, people's 149.

Photo A. Is that the suitcase in which you found the cigar box containing the cut out pictures of Sarah Key-Marer? [Yes.]

On January 19, 2001, did you interview Scott Simonson? Yes.

A few days later, returned the computer's to Patricia Brown.

Jan 18, had the meeting between the defendant and Sarah Key-Marer at LAX? I believe that was the date, yes. Also interviewed Jack Laisure, then Cari Dunlap.

Did you arrange to have Det. Lillienfeld interview the defendant regarding the defendant's claim that Sarah Key-Marer alleged to have killed him? Yes, I did.

How long after you received the attorney cards, did you serve the search warrant and seize the computers? Approximately six weeks.

Did you hear between the defendant and Det. Lillienfeld, that he claimed he got an attorney because detectives had come to his home and seized his computers? Detective Leslie did not tell Detective Lillienfeld about the business cards.

Received the results of the computer search from Detective Fortier. Computer printouts from Detective Fortier, recently stipulated to.

Did you examine that entire document? Yes I have.

People's 75, the Internet history for November 8, 9, 10, did you examine that document as well? Yes I have. Did you in fact, go to the websites that are listed on People's 75 for identification, from the printouts for 8, 9, and 10? [Yes.]

They were live camera surf websites. They allowed the viewer to see what the surf looked like from different cameras. The ones accessed from El Porto and [Long?] Beach as well as Huntingtion Beach as well.

Were there a number of sites accessed to specific related topics? [Yes.] What were the topics related to? There were 17 websites; 53 pages all had to do with father's rights. How to obtain custody of a child. Win child custody dot com. They were all geared towards fathers rights.

12:19 pm, the afternoon on November 8, 2000? Yes. That would have been about the same time that her father was picking her up from preschool? Yes, about that time.

Other than Nov 8, 2000, were there any other dates, where web sites were accessed from those computers? Were those types of sites, [child custody/father's rights, etc.] any other date were those web sites accessed? No, it was just that date.

No Internet history on November 9th.

Internet history on November 10, the live camera surf websites were accessed.

[Did you] meet with his partner, himself, Dr. Chinwah, Deputy Shannon from the crime lab and Dr. Lakshmana and showed them the top of Inspiration Point.  Yes. Did you direct them to a particular point that you had referred to, the point of departure? Yes, it was the U shaped area tahat I had referred to earlier?  Yes.

On Nov 16 of 2003, is that the date the defendant was arrested? Yes.

Once the defendant was arrested, did you stop your investigation? No. In fact, did you continue to conduct interviews with anyone that would have relevant information in this case. [Yes.]

August 23, 2006, did you travel to Colorado, to interview witnesses? Yes. And I went with you correct? Yes.

Prior, did you make calls to specific individuals? It was probably about half a dozen or so, that I was aware of that had spent time with the defendant. Did you advise them you were coming out to Colorado? There were about six [individuals]. Some did, some didn't meet with him.

Interviewed Jon Hans.

Sept. 16, 2006 interviewed Frannie Clifford, in Denver? Yes I did.

Interviewed Tony Poingsett  and William Gnam.

Obtained various recording from Sarah Key-Marer's home phone? Yes I did. The CD and recording is entered into evidence. Listened to four phone calls that were part of a series of recordings from the phone.

Those four specific phone calls were picked up on January 16, 2001? Yes. They were obviously recorded before that.  Transcript distributed to the jury.

Playing the calls for the jury.

[Although I hear Sarah make many calls, there were apparently only four calls where Sarah interacted with the defendant. Sprocket]

First Call
Hello? Cameron? Yea?
Why did you take my baby from me?
Cameron? Can you tell me what happened? Will you please tell me what happened?
Heavy sigh. Cameron it's the least you can do is tell me what happened. Why can't you tell me? Why don't you tell me? Are you trying to keep it from me? speak to me?
[miss line of dialog]
Is it really? You need to tell me what happened. You can't keep on ignoring me.

Second call

You can't keep avoiding me Cameron. You have to tell me what happened? You can't let her go like that and not say anything. You owe that to me.  You owe it to me to tell me what happened!

Why weren't you more careful? Why didn't you hold onto her?
I'm going to wait until you talk to me. This isn't over.
Are you too much of a coward? Why won't you tell me?
She was the most beautiful thing in this world. And now she's gone and you just don't want to say anything?

Third call
Phone rings many times.
No answer.

Fourth call.
Cameron why aren't you talking to me? Cameron?
Hang up

Fifth call.

Sixth call.
I believe there is a hang up.

Seventh call.
Hello?  [I believe Brown draws out the word a bit and makes the tone unusual when he says Hello.]
Stop playing games. Talk to me. [?] a coward.
I believe there is a hang up.

Eighth call.
Busy signal.

Ninth call.
Stop being such a coward.
[If there is laughter, I don't hear it.]
Funny? is this funny to you?
I believe there is a hang up.

10th call
Is this funny to you Cameron?
I believe there is a hang up

11th call
[I believe Brown says "Hello" in a long drawn out, almost a moaning voice.]
You better tell me what happened. You need help. You really do.

I observe Brown staring straight ahead as the calls play.

12th call
Phone rings, but I don't detect an answer.

13th call
Busy signal.

14th call
Busy signal.

15th call
You owe it to Lauren.
Hellooo? (Brown's voice is different and drawn out when he says, "Helloooo?"
You owe this to Lauren. You're sick.
I believe the call ends.

16th call

I don't hear anything else on this call.

Det. Leslie, were those four of the phone calls that were obtained on the recording device? Yes.

DDA Hum tells the court, the only other thing I have is the hike video. The court asks, "How long is it?"  Its 50 minutes.

The court calls for the morning break at 10:58 AM.

11:11 AM
Judge Shelly Torrealba enters with two Asian people, a man and a woman. [Later I found out this was a judge from Korea. Sprocket]  She speaks to DDA Hum and she introduces the two young people with her [a man and a young woman]. She was bringing them in to observe testimony.  DDA Hum tells her that unfortunately, they will be watching a video for 50 minutes. There will be no additional testimony.

Judge Torrealba then goes over to Judge Lomeli who is at his clerk's desk. They greet each other.  Then as Judge Torrealba and her guests leave I overhear her say that they are going to a courtroom next door to sit in on testimony there.

Judge Torrealba, before she took the bench, was with the DA's office. Along with DDA Shannon Presby, she conducted the prelim of the Stephanie Lazarus case. For a time, Judge Torrealba presided over Dept. 30, arraignment court.

11:19 AM
Brown was brought out a moment ago. He leans in, standing, to say something specific to Mr. Laub. Laub nods his head.

We are waiting on the DA's technical person to assist in getting the video to play.

11:26 AM
The DA's technical adviser arrives.

My 2009 trip to Inspiration Point.

Brown leans in and speaks to Mr. Laub as the jury takes their seats. Laub slightly lifts his hands, they are splayed a little, as he answers Laub.

Two pieces of evidence related to Dr. Hayes' testimony are entered into evidence. The PowerPoint presentation of Dr. Hayes and another exhibit.

The video Detective Leslie will present, was taken on November 10, 2000, the same day that Detective Falicon inspected the front facing end edge of Inspiration Point.

The video is played for the jury.  It starts off at the parking lot. The video goes back and forth, panning from the parking lot.

People are walking around the flat area beyond the parking lot.  There is someone with a rolling marker type of device, to measure distances.

There is a fenced area beyond the parking lot. There is a zoom shot on warning signs directly beside the trail head that leads down to the beach.

The walk to the beach begins. It's a tiny trail. There is shrubbery all around. Some parts of the trail only appear to be a few feet wide, or less. Only one person can walk on the trail at a time. At other parts, it widens out a bit and someone could pass.

The video was started a little before 4:00 PM. The time on the tape shows.

Here is a section of the trail, that is right along the cliff edge. The video pans out to look around.

Several parts of the trail, it' is in the shape of a V. It's not flat. Now they are on a wide dirt road that goes upwards. The dirt road now becomes more rocky looking.

Now they are at the nursery school playground. There are tables in an enclosed area. Now they are at the area of the playground equipment. Now headed out towards the beach.  You can see Portuguese Point in the background.

There is a walk along a wide flat path that leads towards the beach. Now on a trail that is alongside the cliff, along the beach edge. The camera pans down, to show how close the trail is to, the very rocky lower shoreline. below. This trail doesn't look easy by any means, but I don't know if this is the trail that Brown and Lauren took. I don't believe at this point, that detectives knew for sure, which way Brown and Lauren went. I believe they learned later.

At one point, the trail washes out it looks like you have to climb down steeply to get to the beach level. The rocks are big and walking would be difficult.  The camera pans out to the ocean. You can see Portuguese Point off in the distance.  The shoreline is not sand, it's difficult to walk on rocks.

I don't believe Lauren had on hiking boots, but tennis shoes.

11:46 AM
Detectives walk parallel to the shoreline on the rocks. It's like walking on a rock pile, but spread out.

The detectives get close to the edge of Portuguese Point along the shoreline in the video.

The video pans out back to the other people behind the video photographer. I see the individual again, with the distance measuring device.

The detectives are at the edge of Portuguese Point. They start climbing a wide road that a vehicle could travel on.

This dirt and gravel road is somewhat flat with lots of shrub and overgrowth on each side of the road. The road has a few curves in it, but it continues to go up.

11:55 AM
It appears as if they are approaching Portuguese Point. I see the beginnings of the eastern fence around Portuguese Point. The camera pans and for a few seconds, I see the rock retaining wall that holds the knoll above Portuguese Point.

DDA Hum asks Detective Leslie: Detective, where are we at this point? We are just approaching the top of Portuguese Point.

Detective Smith is using a rolling tape measure, that measures feet. The three of them walked on the rocks of the beach. The hike they took along the gully to the beach, if the defendant and Lauren had gone that way, that would not put them on the point where Omar saw them.

Det. Leslie states that he missed the trail head that would take them to the point where Omar saw Brown and Lauren. That trail [that Lauren and Brown took, was a steeper route up to Inspiration Point.

12:00 NOON
The lunch break is called. The jury files out.  Jeffery Leslie packs up the DA's files. Mr. Laub stops Sarah to speak to her as she is getting ready to leave. I don't know what he said, but I believe he apologizes to her for her loss.

1:27 PM
Inside Dept. 107. It's quite chilly right now. Someone must have turned the air conditioning up. My well insulated legs are shivering.

1:30 PM
Mr. Laub arrives.

1:32 PM
Brown is brought out.

1:33 PM
The clerk calls for the jury in the hallway.

Back on the record in this matter. The court asks the jury to pass the transcripts back down.

One page resume of Patricia Kaldis Brown, stipulated to.

The video is started again. The detectives walk from the western edge to the eastern side of Portuguese Point.

We now see the rock wall again.

Laub leans in and is speaking to Brown for a moment. He gives a small shake to his head as he speaks to Brown. Brown watches the video.

The video pans out towards Inspiration Point, then back to the eastern top edge of Portuguese Point.

Detectives point the camera down down a trail on the eastern side of Portuguese Point.

Now Detectives are taking a trail out towards Palos Verdes Drive South. I can see the cars on the road in the distance.

The photographer walks along the rock wall.  Now a trail leading up towards to road. It's very steep.

They now appear to be on barely a trail. It's waling along the face of a steep incline. Now I an see the beginnings of a trail. They are inland, off of the area of Portuguese Point, on the hillside, trying to find a trail now.

Now they are almost to Palos Verdes Drive South. You can see Inspiration Point off in the distance.

The video time is 4:40 PM. So about 40 minutes on the video have passed.

Detectives are waling along the rough side of the cliff, directly beside the road easement. There are these large [water?] pipes that run along the side of the road, just ocean side of the road. [I remember them. On our trip, we walked the mile back to the parking lot via this road.] Detectives are not walking along the shoulder of the road, but on the other side of the pipes, where there is a very narrow trail.

They are headed towards Inspiration Point, just to the right of the large pipes, that run along the roadway. Now they are headed out on a trail to Inspiration Point. It looks like this trail branches off the roadway.

The trail goes down, a shorty way alongside the western side of Inspiration Point, and then you go back up.

As we all watch the video, the court reads what looks like a magazine or periodical at the bench.

Now Judge Lomeli watches the video. The detectives are on the point. Mr. Laub leans in to speak to Brown as he watches the video. I see Brown quickly shake his head after Mr. Laub spoke.

The camera pans around the area. You can see Sacred Cove, aka as the nude beach, below. Now back to the trail on top of Inspiration Point. There is tall shrubbery, at least 5 feet high, on either side of the trial, all around. Now the trail comes very close the the eastern edge of Inspiraiton Point. The camera looks down.   Now we are on the flat open area at the end of Inspiration Point, heading towards the ocean end.

Camera pans to the rocks below the point where detectives spray painted numbers for where evidence was collected.

Video looking downwards now at the western edge end of Inspiration Point. Now video of the sloped area. I remember being on that same sloped area in 2009.

The video is at 4:57 PM.

Now panning the camera around the entire area of the point.

The video ends a little past 4:58 PM.

Detective Leslie, the hike that we just saw, is that the hike that you and your partner and Deputy Falicon took on November 10th? Yes it is.

Direct ends and cross begins.

This video that we just saw, if you were to take out all the places in it where the camera stopped on a particular location, where there was a deviation from a path, how much time actually was there, spend on the walk itself? That day, I have no idea.

You've been through this line of questioning in the past, as to how much of the video connects up into a solid walk? I'm sure I have.

You were taken through this, where there were stop along the way, once you eliminated everything, it worked out to about 38 minutes? That I do not recall.

I know I've done it in about 37 minutes. Yes, he's done this in 36 or 37 minutes after this date.

Along the way, as you went on this hike, and having a camera film everything, after Lauren's fall, you didn't see shoe impressions on the hike?  Along the hike that we took? Yes I did. Did you take any note of those? No, I did not.

At the top of the hike, one of the things you were able to see, there were a whole community of houses? Northeast, if you're at the end of the point, over a thousand of yards north east of you, there are houses.

Did you check in any of those houses did you talk to any of those people? I did talk to a Mr. Redfield who lived up there, but as far as knocking on doors, no we did not.

You know that it's a common thing in that area, that people use telescopes? I think that's feasible, but as actually knowing people who did, I don't.

You can see portions of the point from Palos Verdes Drive South, depending on where you are.

When you served the search warrant, he was cooperative? Yeah. I would say yes.

Once you were inside, am I correct you asked Mr. Brown to take a seat? I actually told them they were free to leave or free to remain. If they were to remain to take a seat. He spoke on the phone with his attorney for a while, and then he left.

He wasn't belligerent, he sat for a time.

[Question about Patty.] Mrs. Brown remained for a time, until she had to go to work.

There were some photos that were displayed that you found in a search of the house? I believe there were nine photos that were found. And in those photos, Lauren was a happy child? I don't remember.

Laub asks about the photos. These photos that were not like the remaining photos. No. The others were different. It was like at a party, family stuff.  I don't remember specifically, perhaps a birthday party.

And all those photos were seized by you? Nine photos were seized by me.

When you went through 90 pages of print out computer history. You didn't find any kitty porn? No. In fact, there were no pornography at all? No. You didn't find any evidence of any sexual relationship between Mr. Brown and Lauren? Not to my knowledge, no.

You testified to some phone calls that had been recorded on Ms. Marer's telephone. You picked them up on [?]. When were each of these phone calls made? They would have been made prior to when they were collected.

Asks about the call from the home to Patty Brown's attorney. This was a phone call that was made while Mr. Brown was cooperating? [I believe he was at the station by then.]

And this was while Mr. Brown was in accompaniment for about six hours? I believe that's about right.

Asks about the suitcase, and the cigar box and cut outs of Ms. Marer, you said there were some black candles and other things?  I believe there were black candles and some ceramics.

Where was Mr. Brown at this time? You didn't ask anything about who owns this or who does this belong to?  You know like there were other pieces of evidence. I don't know what's going to have any significance to the case. To me, they were odd.

You seized the computers but you didn't take the suitcase or the contents of the suitcase? I took photographs? Did you ever tempt at the scene, to take prints off of any of that material? suitcase, cigarbox, to have things printed? I did find those things. They were not fingerprinted.

You didn't take them into evidence? No, I took photographs.

The rest of the contents, nothing was printed at the scene? Taking fingerprints of a home that two people lived in, doesn't tell me much. I took the two photographs of Ms. KeyMarer, at the residence. 

Laub states that well, if you printed the items, it would tell you who might known about these items and the other person might not?  Absolutely not.

You would have to agree that if a fingerprint was there, they would have known about it? A lack of a fingerprint doesn't mean you are totally unaware of that item.

Why not take everything? I took the photographs that were related to the investigation, the photos of Lauren and Ms. Key-Marer.  So, the other items didn't have anything to this investigation. That doesn't necessarily mean they were not relevant. I took photos of the items.

The photographs seized were not fingerprinted.

How many notebooks did you generate on this case? Six. How many did your partner generate? Two. He did not note every single phone call that he made. He knows that he spent hours on the phone with Ms. Key-Marer, going over the same thing. He chose not to write notes on every phone call.

I know I had conversations with lab personnel. He had conversations with other personnel over the year,s it wasn't necessarily in my notebook.  The decision as to why he chose to note something.

It would depend on the conversation. If it was small talk, I don't generally note that in my notebook.  Listen to Ms. KeyMarer, cry on the telephone at Christmas, I didn't think that was something factual at the time to put on my notebook, and I'm sure on Christmas Eve, I didn't even have it [my notebook].

You testified regarding five photographs, that were photos of the tide at Inspiration Point, I did't catch the date they were taken and the time?  I don't remember the date, I know they were taken by Deputy Mark Robinson, they were taken around the same time the 911 call came in, about 3 in the afternoon.

Laub is asking about the date, the time of the phone call, may not be the same.

I can't tell you that it's exact, when I was out there, [with Detective Robinson] it was very similar to being out there previous.

2:30 PM
Laub switches to another binder.

In the affidavit that you filled out for the warrant to obtain the phone records, first of all, an affidavit, that's your statement to a judge as to why you should have a warrant? It's an affidavit to show cause. And in your affidavit, did you say that the owner of the cell phone, said that his eyes were dry? I don't know. I may have.

I do remember him testifying that they were wet, but I don't know if he said that when I originally talked to him. I don't know when he may have said that.

More questions about the statements he made, to get the warrants for the computer records.

Questions about Mr. Brown using coins to make a phone call from the parking lot at Abalone Cove. Detective Leslie doesn't remember Brown specifically saying that he used coins.

How this investigation was approached. Detective Smith, in his notebooks, a list of phone numbers, Mr. Brown had known, do you recall? I know what you're referring to. I don't know if that was in his notebook. And you recall how he referred to that list? Phone book assholes.

And that was his attitude towards Mr. Brown? I guess it could be. And the two of you worked together on this case for how long? I believe Detective Smith has been retired for about ten years. So about five years? That's about right.

When Detective Smith worked with you, he was the senior partner? That's incorrect. Well, he worked longer than you? No. How long had he been in homicide, I think about 2 years.

Detective Leslie details how he and his partner orchestrated it to work together in homicide [after working in a different unit together]. They worked well together.

Cross ends and redirect begins.

Detective Leslie ask you to look at exhibit 127. These are the tide photos. Wasn't the reason you went to that specific date and time, was according to the tide tables, the tide was at the same point in time as [Nov 8th]? I don't remember specifically, but it could have been.

Subject to the prosecutor recalling a witness before, the prosecution prepared to rest, subject to that. Tomorrow morning Mr. Laub will be calling his witnesses starting tomorrow at 9:30. We are out of here early.  The jury exits.

2:45 PM We are in recess until tomorrow.