Friday, January 18, 2008

ABA Journal mentions Trials & Tribulations

Sometime last summer, late August actually, I was contacted through the blog by Stephanie Ward from the American Bar Association Journal (ABA), asking me for an interview. I was intrigued because I wondered why the ABA Journal would want to interview me.

In her email Ms. Ward said she recently found my blog and was really enjoying my in court reporting. She also said she was interested in why I was "pulled from the press section," and she thought that might be an interesting article for the ABA Journal. I was dumbfounded that the ABA Journal had any interest in a mere blogger. This was after I was told I would have to sit in the back row of the courtroom (Remember that, lol?) and after I had made my decision to walk away from the trial.

At the time I spoke to Ms. Ward, she did not know if her editors would pick up the story or not, but she would let me know. Less than a month went by before I heard from her again when she told me the ABA did want to go with the story about "crime trial blogging." I had no idea when the story would be published and after awhile I totally forgot about it. In checking my STATS page a few days ago, I found someone had reached my blog through a link from the ABA Journal. That's when I knew that the story had finally been published. It appeared in the January 2008 issue which took me totally by surprise. Two other bloggers are also featured in the article. Here is the online copy of the January article.

Overall, I think Ms. Ward was quite kind to me and the other bloggers mentioned. She acknowledges that bloggers are here to stay. This reminds me of something a reporter said during the Spector jury site visit, while I was hanging out with all the "real" reporters in the staging area. I had congratulated Carolyn Kellogg that two of her fellow bloggers at LAist had been picked up by respected papers. One of the reporters in that group, I can't remember who it was specifically, said, "Bloggers are the new trout pond," indicating that the mainstream media (MSM) pays attention to certain parts of the blogger sphere and looks to bloggers for the next emerging talent. So, what does this mean? There are individuals that blog that are respected by both the public and the MSM. Steve Huff is an excellent example.

I do have to point out some nuances in the article. Ms. Ward led off her piece with a statement
she attributed to me, but was actually made by a guest commentator to the blog, my good friend Sedonia Sunset. Sedonia Sunset did a fabulous piece that was originally posted on the now defunct CTV message board, detailing her observations of all the major participants in the trial, several of the witnesses and their testimony. She also made some visual comparisons to many of Spector's witnesses to other real life characters. It was well done and had a sense of truth to it as well as comic relief and spot on reality.

Another nuance was the part about Juror #9, Ricardo Enriquez. First off, I did not write the entry that Enriquez responded to; a guest commentator did. And second, the blog entry by the guest commentator did not state that Juror #9 was one of the not guilty voters, but originally stated that Juror #3 was one of the holdout votes. That's what Enriquez read and responded to. The entry was later changed to reflect the correct juror numbers after Enriquez contacted me to tell me who the actual two holdout jurors were. And I have to add here, I had the best time talking to him on the phone. He is a delightfully funny person.

Roger Rosen. Just those two words could be a whole blog entry, but I really don't have the time to waste. What I will say is, that it is my belief that Rosen is being disingenuous when he is quoted by Ms. Ward that he "never read" Trials and Tribulations. I know for a fact that one of the defense team's staff was reading my blog. When I was in the courtroom, I paid attention when new faces ended up sitting on the defense side of the room. I noticed when this slender woman who usually wore a black or navy suit, her dark brown almost black hair pinned up on her head, showed up in the courtroom. It was obvious from the way she dressed, carried herself and the fact that she spoke with the defense attorneys assigned to the case, that she worked for Spector's defense team. Back on August 25th, I wrote the following:

I know for a fact that the defense team reads my blog. Their clerk had a HUGE stack of paper she was carrying, almost an inch thick, and the top page, was my blog header, very distinct with the deep maroon Trial & Tribulations text.
On August 16th, Judge Fidler started out the morning admonishing me for supposedly talking so loud the jurors overheard me. Fidler was given inaccurate information and he made a point to apologize to me the next day that court was in session on August 21st. Here is the YouTube video of that apology. However, at the morning break outside the presence of the jury on the day I was admonished, Rosen stood up and made this statement in open court, a request from "the family." Although Rosen did not mention my name or my blog, it was clear he was talking about me and it's clear that Fidler understood who he was referencing.

Now, do any of you logically thinking individuals out there honestly believe that Roger Rosen, defending a client in a murder trial, would stand up before Judge Fidler and make a complaint about my blog writings for "the family" that he now says he never read? Give me a forkin' break. If you believe that, I've got a spare Golden Gate Bridge in my back pocket that I'll be happy to sell you.

Thank you ABA Journal for shedding light on the fact that bloggers can be a significant source of information regarding criminal trial reporting.

Special thanks to Sedonia Sunset for putting up the YouTube videos. I can never thank you enough for all you help and support.

Mark Jensen Murder Trial Day 9

Day 9 - 1/17/08

The day starts with Dr. Long back on the stand for more torture. Craig Albee is rehashing much of the same material from yesterday. Albee seems to take delight in pointing out mistakes. However, Dr. Long owns up to whatever error there may be. To me, mostly the errors are based on semantics.

Albee is going to try and impeach Dr. Long on a case, Patricia Stallings, from 20 years ago. Albee claims Dr. Long’s report was erroneous and Mrs. Stallings went to jail because of this. Ryan Stallings died as an infant from what appeared to be ethylene glycol poisoning. He actually died from an extremely rare genetic disorder that pretty much mimics ethylene glycol poisoning!

Objection! Irrelevant case over 20 years ago. Jury sent out. Time for another Jambois/Albee show down!

Judge Schroeder and Albee go at it! Credentials can come into question, specific incidences DON'T. Albee argues with Judge, who argues back.

Best line of the day: Judge: "Mr. Albee, I don't care what you think!"

The judge has a dilemma - if he allows Albee to ask about Stallings and Dr Long's opinion, Albee will have to accept the answers given. Judge is not going to allow the re-trying of Stallings by bringing in experts to testify to the mistakes in Stallings, because that would be a trial within a trial.

Calling a new witness out of order, and the Dr Long issue will be revisited later. Tadeusz Wojt, former neighbor, called to the stand.

Julie told Mr. Wojt that she suspected Mark of seeing someone - that was 5 to 6 weeks before she died. She also suspected Mark of doing computer research. After Mark went to work, she would notice sticky notes around Mark's desk - stuff on the notes about different poisons.

Julie was very suspicious, and confronted Mark. On a daily basis she would tell Mr. Wojt about her suspicions.

About 2 weeks before her death, Julie was really worried about eating or drinking anything in the house. Jensen would come home from work and offer her a drink, but she wouldn't take it. She was suspicious, because it had always been that she would fix a drink for Mark when he came home from work - he had never done this for her. Until 2 weeks before she died, and he kept trying to give her drinks.

Wojt is a good witness. Albee can't rattle him. He seems extremely intelligent and knows what he knows.

Jambois on redirect – Asks Wojt is Mark was controlling. When Julie's dad wanted to visit (he was dying of cancer, to spend time with his daughter and grandsons) Mark made it so miserable that her dad had to go stay at a motel!!!

Back to the Dr. Long argument. Judge Schroeder googled Stallings trial. TLC article:

Dr. Long's work called "miraculous" on this case. Another lab also found ethylene glycol in child's body twice.

Dr. Long not "tagged" for any unethical behavior or misconduct in the case.

Albee blabbers on. Judge Schroeder is getting very loud. Albee keeps trying to interrupt him. Now they are shouting at each other!!!

Dr. Long recalled to the stand. Albee continues cross.

Long was called on to test blood of Ryan Stallings 18 yrs. ago. Tested blood twice... post-mortem and possibly anti-mortem.

Prosecutors contended mother had fed the child ethylene glycol.

Long's test was positive for ethylene glycol, but they have since changed the protocol to include GCMS testing due to problems in case.

Albee reviews case...Dr. Long is clearly fed up with Albee.

At the Stallings trial, Long testified Ryan had been poisoned with antifreeze.

Dr. Long is given pages of deposition from Stallings case to read.

Jambois asks for copy of testimony (1000 pages) since it was not provided to him. Albee is picking and choosing a page here, a page there. Albee will give Jambois the papers to copy.

Dr. Long will continue some time next week to give Jambois a chance to prepare.

Court adjourned for the day. As I wonder every day of this trial, what must the jury be thinking?

Special thanks to Intrepid and ritanita for their major contributions to this report!

Thursday, January 17, 2008

Mark Jensen Murder Trial Day 8

Day 8 - 1/16/08
Det. John Zielsdorf called to the stand. He is in charge of the Kenosha jail phone system. Jail calls are recorded; date stamped and show the phone number called. Zeilsdorf provided the tapes of the calls that are going to be played for the jury.

Wow, they actually read the phone numbers aloud for Kelly LaBonte and Jensen's parents and Kim on TV!

The calls will probably be pretty damning if allowed before the jury.

Of course, Albee is objecting. Judge Schroeder and Able speaking very loudly at each other.

Sounds like Kelly was asked for the money and mom was going to be the conduit to get it to Kim. Does seem like neither of them really had a clue about the kidnapping of Klug.

A big smack down on Albee by Judge…objection overruled. Judge also tells Albee he's not going to argue with him.

Judge is pretty cranky with both pros and def today.

Albee has his own tapes he wants to play that show Jensen was being bullied and forced to do things he didn’t want to do. Additionally, having to pay Thompson. Albee says Jensen's voice is strained and the tapes will show he is under a lot of stress.

Next, Dr. Christopher Long on is the stand. He is the pathologist from St. Louis toxicology lab. This is the guy who lost files.

Albee doesn’t want Long to testify as he didn’t perform the tests, his staff did and that’s who Albee says need to be questioned. Judge says that Dr, Long can testify because he is here and if the lab techs need to be brought in, it can be done at a later date.

Because of the objections the jury was sent to early lunch. Wouldn’t ya think that all of these crazy objections would have been taken care of prior to the trial? This is no way to run a court!

The rest of the day, Albee “tortures” Dr. Long, the court and the audience with the repetitive line of questioning and the snide, insulting comments.

I hope Mr. Albee gets to see video of his performance. He certainly isn’t endearing himself to anyone. His style of cross-examination is just purely condescending and nasty. Watching him on cross, I was thinking of putting my head in the oven, but then realized its electric.

Tomorrow we have the last of the jailhouse snitches, Timothy Tally.

Day 7 - 1/15/08
First witness of the day is Nathaniel Clanton, another snitch, with 10 previous convictions. He is an Inmate in federal facility, presently serving for delivery of crack cocaine. He also has battery and armed robbery charges. He and Jensen were both housed at the Kenosha County Jail.

Jensen told Clanton that Thompson told him he could make a witness disappear. Clanton told Jensen that was just stupid.
Clanton states that he felt Jensen had made up his mind to take Thompson up on the offer.

So, this guy didn’t add anything to this case, but he does corroborate Thompson’s testimony.

The rest of the day, Rhonda Mitchell, the forensic computer analyst is back on the stand.

So, we find out the cops turned on the Jensen computer 12/17/07 and it possibly overwrote or deleted some files. Computer should have been write blocked first.

Albee challenges Mitchell’s CV and experience and is basically getting her to say she has no idea who, in the household was actually using the computer. Albee can, and has been very snotty with prosecution witnesses.

We start the tedious (already over-done) line-by-line examination of every single hit on the Internet. It's impossible to even report on this drivel.

I have never heard such totally boring testimony and I’m sure the jury is as tuned out as I am. Heck, I’d rather listen to 5 hours of forensic pathology testimony!

To sum up today’s proceedings, the best line of the day from my friend ritanita, “Will this go on forever? I'm going quite INSANE!”

Day 6 - Monday 1/14/08
The day of the snitch
1st witness of the day is David Thompson, currently a federal prisoner with 9 adult convictions of misdemeanors or felonies. Yikes!

The convictions include two counts of bank robbery, car theft, armed robbery and possession of drug paraphernalia. He said no one made any concessions to him for his testimony.

Thompson and Jensen were housed in the same cellblock. Thompson claims Jensen told him he was worried about a former co-worker who was going to testify against him. Jensen told him he wished Ed Klug - would "just go away."

Thompson asked what that meant and Jensen said he wanted Klug to disappear until after the trial. Thompson told Jensen he had a friend who would do it for $1,000 and Jensen agreed.

Thompson called his fiancée, Kim, and told her to get in touch with the district attorney. Thompson says he had made up the part of having a friend who could help.

Jensen was going to have his girlfriend, who was actually his current wife, Kelly LaBonte give the money to Jensen's mother, A tape is played of a jail conversation between Thompson and his fiancée. Thompson had her tell Jensen the plan was in place. Jensen got on the phone and Kim told him, "Everything is planned". Jensen responded, "Sounds good. Appreciate it." (Note: Jensen’s parents were visibly absent from the courtroom through this testimony!)

Jambois asked Thompson whether Mark Jensen discussed killing his wife.

Thompson said he found Jensen sitting on the edge of his bed one day, crying. He asked him what was wrong.

"He broke out crying and said 'I didn't mean to do it. I'm sorry,'" he said.

Defense attorney Craig Albee tried to shatter Thompson's credibility, carefully cataloging his many offenses. Thompson faces 68.5 years to life for all his crimes

The trial continued Monday afternoon with a series of neighbors who testified about Mark's nonchalance after Julie's death, his quick explanation that a drug interaction caused her death and the pile of garbage bags and women's clothes they saw outside the Jensen home in the days after Julie died.

The jury is really getting their exercise. They are sent from the courtroom when objections are being argued and believe me, there are many!

Todaystmj4.com latest report.