l-r: Extra deputy, behind, Judge Kennedy's bailiff
Lonnie Franklin, Jr., center, Deputy Sargent Westphal, right
Photo Credit: Pool Camera, Al Seib, LA Times
Continued from Day 9, Part I......
T&T Case coverage and Media Links HERE.
Thursday, May 26, 2016
1:34 PM
I'm inside Dept. 109. People are slowly arriving. The defense is all set up. The prosecution still needs to arrive. Reporter Terri Keith takes a seat beside me and immediately starts working on her thick file of documents. She's one of the hardest working reporters I know.
1:39 PM
The court goes on the record. Amster wants to address the documents again. He's referencing the law to the hearsay exception rule and arguing court cases. Conclusions of opinions are inadmissible under the evidence code. "We think the people are looking to get the proceedings of the German court into evidence by Mr. Pyle. ... And that's what we're objecting to, based on various levels of hearsay. ... The sixth amendment deals with hearsay. ... Those are our objections. This witness should not be able to testify as to what's in the records." He continues on how the people should or should have laid their foundation.
The court turns to the people with their response. DDA Silverman responds. "As I indicated we laid a foundation ... testimony to come in under a section of the evidence code 1280 where the defendant has written down his information on documents. Those are his admissions." Judge Kennedy states that she would have a problem with the report of the criminal proceedings. DDA Silverman tells the court she made that clear before lunch that she wasn't trying to put the report into evidence. She's only saying that the report was a part of the [defendant's] personnel file.
The court asks for Amster's response. "We still feel that anything covering that report as it's contents we're objecting to. ... As this moment we don't feel this witness should be asked [anything regarding this report]."
Judge Kennedy rules. "I believe the contents, summary, his conclusions, his thoughts, clearly are not relevant. The fact that there is a report [in] regards to the trial, that is contained in this packet of materials, I believe that fact is admissible. And if you want to back out the other parts of it ... that would be one way to do it, and just not admit it at all ... and just say that there was a report involving Lonnie D. Franklin in German court."
Amster continues to argue after Judge Kennedy has ruled. He does not feel that this witness should be able to explain anything more from this report. DDA Silverman counters that she's not wanting to get any of the records in. "I said that there were records ... because I don't believe that the contents are admissible."
Now there is back and forth about who will "mark" an exhibit. The defense wanted the people to mark it. DDA Silverman counters, "Mr. Amster, if he wants to put it on himself ... he's mentioned several times he wanted me to mark it so if he wants to do that, he can do it on cross." Amster continues to argue that the records are hearsay, and that there's no hearsay exception that allows for that under the code." Judge Kennedy makes her final ruling. "I understand your objection and I'm overruling your objection as far as the record is identified. ... Can we bring the jury in now please?"
1:47 PM
We have our witness on the stand and we are back on the record. DDA Silverman resumes questioning of Lamar Whatley, the records supervisor for the Army.
39. LAMAR D. DERICO WHATLEY
Before we broke for lunch, did you review the official certified personnel file for Lonnie David Franklin, Jr.?
Yes.
Are you familiar with all of those documents in a personnel file?
Yes, I am.
Do all [personnel files] include an enlistment contract?
Yes.
What type of information does the individual fill out on that document?
Name, birth date, his home of record.
His home of record for when he came into the army?
[Yes.]
Does that include a service number?
Right.
[The enlistment, or service number is the individual's social security number. That number is protected and not stated in testimony.]
Does the document also contain a signature by the person enlisted?
Yes it does.
DDA Silverman presents her next exhibit, the service contract #655. Amster asks for a sidebar.
1:51 PM
DDA Silverman continues. The exhibit #655 has two sides, a and b.
Showing you this document, do you have this same document in the personnel file?
Yes.
What kind of form is it?
[DD Form 4?]
Does that have the name of Lonnie David Franklin, Jr.?
Yes.
Amster interrupts, "Could the court please [have the prosecutor?] leave the editorial remark that she stated?" [I somehow missed an alleged editorial remark.] The court responds, "Neither of you should address each other. And if you need to go to sidebar, we will."
The social security number is his identification number in the military, is that correct?
That's correct.
Do you recognize what you see there [pointing to the document up on the ELMO]?
Yes. This is an enlistment contract.
Shows the name where the address is on [West 85th Street?] in Los Angeles. Points out the date of birth.
Would that be based on information that the enlistee gives to the contract, July 26, 1971?
That is the date he enlisted into the army.
The back of the document has the date the defendant actually went on active duty. The document also has the defendant's signature.
Is the individual fingerprinted at the time he enlists?
Yes....
People's 656, a fingerprint card.
Objection! Sidebar.
1:58 PM
Several of the jurors chat with each other during the sidebar.
Do the records indicate where he was assigned after he enlisted?
Objection, hearsay. Sustained.
What is a DD 214?
It's a certificate of discharge in the defendant's name.
Objection. Overruled.
Showing the top half of exhibit #657. Do you recognize this document from the personnel file?
Yes, it is.
Other than the ID number of the individual that I cover, does that document also contain the same name?
Yes it does.
The same date of birth?
Yes, it does.
And the same residence?
Yes, it does.
Does the document also say he was last assigned to overseas service in Germany?
Yes, I believe it does.
By the way, in the terms of what we [said?], what is a National Defense Service medal?
Objection. Sustained.
Judge Kennedy has a look directed at DDA Silverman that is not positive.
Do the documents in the file also describe .... include a trials observers report and document and notes of a trial?
Yes, it does.
And the end of the trial's observers report, does it have the name Frank Pyle?
Yes it does.
Nothing further.
Amster has no questions for this witness, then asks to approach at sidebar again.
2:05 PM
The people call Romy Lampkins. Unfortunately my notes are not clear, but I believe DDA Rizzo presents the witness.
40. ROMY LAMPKINS
Do you know someone by the name of Lachrica Jefferson?
She's my sister.
Who's older?
I am.
By how many years?
17 months.
Do you have any other brothers or sisters?
No. ... She was my best friend.
Did you share a bedroom together?
Yes, we did. ... When we were little girls. ... She slept on the top. I slept on the bottom. ... I slept in her bed at night so I wouldn't get tinkled on.
They would do things together. Go to the park, the beach, roller skating. They both liked to skate.
Who was the better skater?
She was more outgoing than I was.
What were her favorite things to do?
She liked to dance. She loved to sing.
Since you shared a bedroom, would you talk all the time at night about things?
Yes.
What were some of the things [you would talk about]?
Some girl things. She said she never wanted kids. I was the one that had kids. ... She wanted to be a pediatric doctor. ... She figured that would be enough kids for her.
What kind of person was she?
Outgoing person. Happy go lucky. She was well loved.
What about holidays growing up?
It was fun. We had family gatherings a lot of good things going on ... when they would get together.
Since there was the two of you, were there other family members around LA?
Yes.
They would celebrate with extended family. She remembers them getting Barbie houses together and her sister knew how to put her house together. They had their fights about sharing Barbie doll clothes.
Would you say you were the closest person to Lachrica then?
[Yes.]
How was it you learned about her death?
A detective left a card at my mom's house, and then I came over. I stayed on Western.
And a detective came and told you?
Yes.
What was your reaction?
I was devastated. In shock. I couldn't believe it. It was unbelievable.
Did you have to tell your mom?
I had to go over and tell my mom because [I? she?] wasn't able to drive.
How did your mom take it?
Very hard. Very hard.
Did she break down?
She did. She did break down.
How did it affect your mom afterwards?
She was over protective of me then. She was more protective of me. ... I was 23 at the time.
So your mom clamped down on you and she wanted to protect you?
Right.
To make sure it didn't happen [to you?]?
Right.
She helped her mother plan the funeral.
What was that like?
It was hard.
Did you ever think you would be planning the funeral of your sister?
No, not at all.
You went to the funeral?
Oh yes.
What was that day like?
It was the most hardest day of my life.
Do you still think about that day?
I do.
What do you think [about]?
Just trying to go on.
She went to the cemetery that day. She doesn't go to the grave site today. It's too difficult for her.
What day is her birthday?
November 23, 1965.
Do you do anything on that day?
Sometimes, her birthday would fall on Thanksgiving.
During the holidays, her sister is gone, her mother is gone. She celebrates with her children, but it gets a little depressing for me though.
I'm going to show you some photos.
Okay.
Exhibit 490. It's just a face photo of Lachrica Jefferson.
That's "Chrica"" my sister.
Was that a nickname?
Yes. We called her Chrica.
Another exhibit, #629
Do you recognize that photo?
That's my mother and my sister. Mom on the right and left Lachrica with her head on mom's shoulder.
Do you recall when this photo was taken?
I believe it was the day we had buried my grandma.
Another exhibit #658. She points out herself, a cousin, her auntie and Lachrica, next to the cousin. This photo was also taken at the grandmother's funeral. The next photo on the exhibit is of Romy again, her auntie and Lachrica and other cousins. Same event, grandma's funeral.
Exhibit #659. Romy is in the front and Lachrica in the back. This was their elementary school graduation. Exhibit #660. Romy and her sister again, taken outside of a house. Exhibit #661. A photo of Lachrica with her oldest son. He was three at the time. The next photo is of Lachrica at Christmas time.
[Tell us about this photo.]
She loved to pose. She was just modeling.
The next exhibit is the memorial program with a photo of Lachrica.
That was the day we laid her to rest. And that was the front page of the funeral program.
The next photo is a photo of Lachrica's headstone. It's a beautifully carved plaque. There is also a photo of the grounds around her grave site.
What is it that you miss most about your sister?
Her smile and her dancing.
No questions from the defense. Witness is excused. Romy testified in a low toned voice. She appeared very sad to me. The people call their next witness, Billy Ware. DDA Rizzo presents the witness.
41. BILLY WARE DION, JR.
Who is Barbara Ware?
My sister. My baby sister.
How many years older?
18 months.
Did your baby sister have a nickname?
Beth. ... It was a full middle name, Bethune, but we called her Beth.
How old were you at the time of her death?
24. ... I have a brother in Houston, Texas. I have one in Oakland and a sister that resides here. ... Me and Beth, we grew up in the same household. We had the same mother. [My] other siblings had different fathers. ... We were born and raised here. ... When I was in sixth grade, she was in fifth. We were very, very close.
Were you like the same person almost?
Yeah.
What would you do together?
A host of things. ... Most of all, we'd watch cartoons together, eat cereal. We played together, fought together, went to school together. ... We went to the same school at the same time. ... She was always right there with me.
Were you her protector?
Yes. And she was mine as well.
Bach and forth, is that right?
Yes.
What was she like?
Very outgoing, very sweet. She trusted people a little bit more than what she should have. ... She gave away too much in trusting people. ... She would think everybody was okay.
She never questioned people and their motives?
Yes. ...
She would give them the benefit of the doubt; not suspicious of anyone, right?
Right.
She.... we would ride our bikes together. ... Right up to Hollywood and we would catch the bus to Burbank Studios. That's when you could pay to ride the horses. We'd take the Western [Ave.] bus. And then we would take the bus or ride our bikes back home.
They did that when there wasn't such things as iPads or thinks like that.
What did she want to do when she grew up, did she tell you?
No, she didn't. I had a feeling that she wanted to do something that would help people, I really do. In my heart I believe that.
And what about holidays? Do you remember any special holidays?
I have a lot of fond holiday [memories] growing up, and Christmas is one of our favorite times of the year. ... Christmas is one of our joyous holidays. Christmas was like our thing.
Now, when you celebrate Christmas with your kids?
I do. My kids are 13 and 10. ... I speak of my mother and sister constantly. I show them pictures. They are very much aware of what's going on today and they know.
So you try to bring Beth alive in pictures?
Yes I do.
How old were you when your mother passed?
I was 14. Beth was 13. ... Then our dad remarried Diana Ware. ... Beth never got to meet my kids.
Did Beth talk to you about her problems in life?
Yes. I was aware.
She had some struggles?
She did. ... When [our?] grandparents died, and Beth came for the funeral, and I could see that she was going through some troubles. And I asked her to stay with me in Wichita. ... And that was the last time I saw her.
[When was that?]
April 1987.
The spoke on the phone often. The got in trouble for running up the phone bill. They would keep in touch.
Would you say that you were the closest person to Beth?
Yes, I would, besides her daughter.
She has a daughter? What's her daughter's name.
Naomi [Shae?] Ware.
Did you get to meet her daughter?
Yes.
How old is Naomi now?
Somewhere between 27 and ... I don't even know my own kids age that good.
How did you get to meet Naomi?
Naomi was five before I moved to Wichita.
He still keeps in contact with Naomi, who has her own family now, too.
You were in Wichita when you learned about Beth's death. What was your reaction?
The witness pauses before he answers.
Just shock.
He takes a moment to speak. He takes his glasses off and he puts his hand over his face. He sobs. He then tells DDA Rizzo, "Go ahead."
Was it like a part of you, your best friend had died?
Yes.
How were you able to go on and deal with it?
Up until five years ago, I wasn't able to deal with it. I went through mental health counseling. I went to drugs and alcohol. And about five years ago, when I was told that Mr. Franklin was apprehended. I thought that was ... I took a tailspin with drugs and alcohol. That's the toll that it took on me.
Do you feel like you are moving forward?
I'm a lot better now than I was. ... I'm clean almost three years now. ... But no, prior [to that] ... that was my way of dealing with the pain. ... And that went on for years.
The pain is still there?
Yes. The pain is still there. And I know how to deal with it [now] without turning to that ... and the pain will always be there.
I'm going to show you some photos.
People's exhibits #469 to 470, 472, 476, 475. Photo of Barbara Ware. It's a photo of their mother on a sofa holding Beth on her lap.
That big guy there, that's me.
How old is Billy?
I'm saying two, three years old. But yeah, that's us.
Another photo. Billy identifies his father, Beth and her daughter Naomi. He doesn't know when the photo was taken. Another photo of Naomi very young.
That looks about the last time I'd seen her [Naomi]. That was about that size and age.
Another photo is presented, exhibit #474.
Do you recognize [that photo]?
Yes. I do.
Who is that young man?
That would be me.
Hold old are you?
Probably about 12 or 13 maybe. ... That's my grandfather and Beth.
What year is that?
Maybe 1975, 1976.
The middle to late 70's. Two smiling kids, standing with their grandfather.
What do you miss most about your sister Beth?
That she's not here with me. I often wonder what she would be like as of today. I often wonder what was on her mind when she was going through what she was going through. ... I wish she was here so I could talk to her. ... I miss that I don't have what I had with Beth, with my other brothers and sister. ... And I miss the fact that she's not here.
No cross examination. The people call Diana Ware, stepmother to Beth.
42. DIANA WARE
Do you know someone named Barbara Ware?
She's my stepdaughter.
How old was Barbara when you married her father?
She was 8.
And her brother Bill a little bit older?
Yes. He was about 10.
When you married Barbara's father [did you already have a family?]?
I had a son and a daughter.
So you had melded your families then at that time?
Yes, we did. We had a blended family.
Kind of like the Brady Bunch?
Yes.
Where was Barbara in the age order?
She was the youngest. ... She was a baby.
At that time, you all lived in Los Angeles?
Yes, we did.
Did you call her Beth, too?
Yes. We called her Beth.
[Tell us about Beth.]
She was a very outgoing and fun loving child. She had her challenges when she was older. She loved to roller skate. Her and her brother were very close. Later on she did have her challenges. And she did go to stay with her grandmother in Houston for a while.
And that was to help her get through some of these challenges?
Yes, it was.
And her brother Billy said they would like to go out and ride horses?
Yes. That was when they were younger.
What did you do as a family?
Universal Studios, Disneyland, ball games, recreation areas.
Would you say that you would do a lot of things together on weekends as a family?
I'd say so. Especially around the holidays, we'd get together with the other family members.
Would you be the host?
Most of the times we would be the host.
Did you have a big house so that you could host everybody?
Yes, Thanksgiving and Christmas.
Did Beth like those holidays?
Yes, she did.
How did you know that she loved them?
She was always very happy. And I remember one particular holiday, we were waiting for guests to come. ... There were all kinds of guests coming. There children and ... She was always very happy when we would have people over.
There were cousins in the same age range?
Yes. There were cousins.
She enjoyed seeing the cousins?
Yes. ... Her and Billy, they were very close. He would stick up for her and vice versa. She was rough. She could be a tomboy at times.
She wasn't afraid of anyone and wasn't going to let them pick on her brother?
That's for sure.
How long was she in Houston?
That was after ... She was just starting high school, so she was there [about three years?] ... so she came back.
Did she tell you what she wanted to do?
Yes she did. She liked to care for others. I figured she would be in the nursing career. That's what she tended to do.
If she'd gotten the chance, right?
Yes.
How did you learn about Beth's death?
A detective went to my husband's place of business. And then he [husband] came home and told me.
What was your husband's reaction?
He was devastated. ... When he came in I knew something was wrong by the look on his face. And then he told me. It was just ... hard to believe. That it just happened, all of a sudden you know?
Did you believe it?
No. I couldn't believe it. It was very hurtful.
Did you have to tell other family members?
Yes. We had to call my sister-in-laws, and her grandmother and cousins in Houston.
Did you have to let the family from Wichita know about it?
Yes, yes.
Diana, did you plan the funeral?
Yes. My husband and I planned the funeral.
What was that like planning the funeral of your stepdaughter?
No parent thinks that they would ever [have to] bury their child.
[She grabs a tissue and dabs at her eyes.]
My husband was very devastated so I had to take over a lot of it so. ... I did have the help of my sister-in-law. ... My other stepdaughter came from San Diego and she pitched in to help us.
Do you think her father ever got over it?
No, no.
Do you remember the day of the funeral?
I remember it very well. It was very sad. Especially at the cemetery, that we had relatives that had come from Houston. And they were all gathered around so it was a very sad occasion.
Do you go to visit Beth at the cemetery?
We go twice a year.
What about on her birthday, to remember her birthday?
Not anymore. We did at one time on her birthday. ... Other holidays, especially Christmas, we always remember her. We always say a special prayer at that time. Not only for her but for my husband and all the other ones we lost along the way. ... We have pictures and things that we go through ...
You have a granddaughter named Naomi. ... What happened [to Naomi]?
Naomi was adopted by one of Beth's cousins, right after Beth passed away. Her cousin wanted to adopt her and he [Beth's father] agreed. He wanted her out of Los Angeles.
And your husband was very protective of her?
She could come back in the summer and she would spend a few weeks with us.
So your granddaughter was cared for in a loving family?
Yes.
And you would see her about once a year?
Yes. When she was younger she would come back. .. She has children of her own now. ... We don't see her that much anymore. We talk occasionally on the phone.
2:52 PM
Photos are shown to the witness. The first one is the same photo with Barbara and Billy as very young children.
Do you recall that photo?
That's Beth and her mother. Barbara and Billy. She identifies the same photos that Billy did.
Beth was about 12 when her mother passed and she came to come live with us. ... Naomi was five when her mother [Beth] died.
Do you know if she realized what happened?
They told her afterwards. She didn't remember.
She was too young.
Yes.
More photos. This time it's the witnesses identifies her sister-in-law Sherry [sp?] and her daughter Angela. In the middle, Beth and Naomi. On the right is Treva and her daughter Tia. Treva lives in Los Angeles. That's her other stepdaughter. Another photo #471, of the young ones. Angela, Naomi, Tia and Shawn [sp?]. Shawn is Treva's son.
Next, Diana is shown the memorial program for Beth.
Do you recognize this?
That's Barbara's obituary.
She recognizes the photo but doesn't know when it was taken. She's then shown a photo of inside the program, listing some of the relatives and friends Barbara left behind. More photos of Barbara when she was in junior high, possibly 8th grade. Her school photo. Another photo Diana describes.
That's Beth in a yellow dress standing by a car, when she was staying with her grandmother.
Late teenage years?
Yes.
Another photo, exhibit #476. It's Barbara in a uniform, in a crouching position.
That's Beth. She was working at The Hungry Owls Barbecue on Western Avenue. She was about 21 in that photo.
Exhibit #482, a photo of Barbara's headstone.
Yes, that's her grave site.
What do you think about when you're at her grave site?
Oh, ... I just think about the good times we had. And that's at Inglewood ... My husband is there as well and Barbara's mother is there also.
What do you miss the most?
Mostly her smile and the good times we had. The laughter. Just miss her. ... A [spot?] in our hearts that is always there. ... We think about her everyday. ... Prayers have got me there, but it's rough. ... Glad that things have gotten me to this point where things have gotten better.
Direct is finished and there is not cross. The people rest with the admission of the exhibits evidence.
3:01 PM
Over at sidebar. Amster did not want to start until next Tuesday with his case and I'm guessing they are arguing about that. Then it's over and Judge Kennedy addresses the jurors.
"To give you a timeline of where we are. The prosecution has rested in the penalty phase. The defense is going to present witnesses in the penalty phase. There wasn't a lot of cross examination so it's hard to predict how long it's going to take to put on the evidence. ... I have the defense counsel, that he could start the presentation of his evidence on Tuesday, anticipating that we would have [more of] this testimony tomorrow and he relied on that though."
"Most likely, the entirety of the defense case will be finished on Tuesday, or if not entirely finished. ON Wednesday is a graduation and I indicated that we would not be in session on Wednesday. And Monday is Memorial Day ... So I'm sorry for the little bit of disjointed days here. There's a light at the end of this tunnel, and we're almost finished and I do believe we will have final arguments and instructions on Thursday and maybe begin your deliberations maybe late on Thursday."
"What does that mean for tomorrow? We have some things to do on Friday. I'll ... we'll be working for the lawyers tomorrow. Going back to work on Wednesday the first. But I order you to have a wonderful holiday on Monday and I hope everyone has no bungee jumping ... It's possible [you will be] in deliberations by Friday, June 3rd."
One of the jurors has a doctor's appointment scheduled for June 3 and on June 6, and doesn't know how long they will take. The juror is going to see if it's possible to move her doctor's appointments. The court asks, "Why don't you verify that information and we'll talk about it next time I see you. ... I appreciate all of your dealing with our crazy schedules and you've been absolutely incredible jurors."
She gives them her standard admonition about not discussing the case or watching TV or reading about the case in the Internet, and no research. The court orders jurors back at 10:30 on Tuesday.
"Have a wonderful Memorial day."
The jurors and alternates leave. The court discusses logistics of going over the admissibility of exhibits on Friday afternoon. Modified jury instructions are also mention that those can also be reviewed. The length of closing arguments is discussed. DDA Silverman states she will speak for a couple of hours.
And that's it.
Continued on Day 10 with defense witness testimony....
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