This trial started November 24, 2003 and is ongoing.

 

April 1, 2004
by
guest writer Carmen

10:01am
I just got here and they’re playing audio tapes.  I can’t understand most of it but every once in a while I can hear the words like “fuck” and “people”.

So this morning I’m a little under the weather and therefore crabby.  My cat yakked all over my clothes that I laid out this morning to wear.  I ran around trying to find something else to throw on then headed out the door to get some coffee.  Some dude in the coffee place says “your shoes are untied!”  I look down “April Fools!” he says, all smiley.  Ha ha, very funny Mr. Genius.  The Barista is all distracted telling everyone about her secret admirer and mostly ignores me but manages to make my drink.  I tip her anyway.  I’m driving away and realize that she’s forgotten the chocolate – Hellloooooo -  so I circle the block and run back in.  She’s all bitchy at me and dumps in some chocolate but tells me I have to stir it myself ‘cause she’s too busy (there’s one guy in the whole place) Good God Woman!  Just use the spoon!  I’m stirring my coffee with a bendy straw, walking to my car and I realize that I’M GETTING A TICKET!  So I have a crappy coffee and now I owe the City of Seattle $38.  yee-freakin-haw.

The guy in front of me (suit type) is completely nodding off.  The Judge, Jury and lawyers are all following along the audio with their transcripts.  I don’t know how else they would be able to understand anything except for the occasional swear word.

Everyone turns their pages simultaneously – courtroom choreography.  Bonus.

Fun Fact:  The human ear can listen at a rate that’s 4-5 times faster than we can speak.  I say they speed that sucker up.

Right now there’s a lot of laughing on the audio.  Every once in a while I can make out a word.  Here are some of them:

             - stolen                         - money                                   - looks good
             - forgery                      - fuck                                      - murder
             - people                      - map                                      - smart
             - inevitable                   - the states                               - dilemma
             - arrogant

It sounds like this wah wah wah well wah wah wah about wah wah wah fuck with a LOT of fuzz going on in the background.  Reminds me of the Charlie Brown parent speak.

I just picked up the words “30 fucking grand” and “inevitably at some point” and now there is some yelling.  10 seconds of silence and then everyone turns the page.

The jurors have a look of bored concentration (or maybe concentrated boredom).

There are only 5 observers today (including me) and no hat lady – or at least no one wearing a hat.  One works for the Prosecution (he chats with them at breaks), two look like reporters and then the last one is writing a lot and has on a suit (he’s also the one that looked like he was nodding off earlier). 

I can sort of hear what’s happening now.  A voice (the crime boss?) is telling S.B. that he has a “bad fucking lawyer” – it’s ‘fucking lawyer’ this and ‘fucking lawyer’ that.

10:22am
S.R. is stopping the audio for cross.

S.R:
Was part of the plan to ask S.B. about his lawyers
Witness:  not planned.
S.R.:  Was S.B. leading the conversation?

Objection – foundation
Sustained
Request to strike. 

10:24am
Returned to audio. 

If I remember from yesterday one of S.B.’s lawyers arguments was that the Mounties were trying to drive a wedge between S.B. and his lawyers.

Currently on the audio is a great deal of swearing with Canadian accents.  There is more swearing on this audio than I’ve heard in gangsta movies.  I just heard “fuckin’ murder” and “that’s what it’s all aboot”.

Now there is a new voice, very low and mumbly which makes it even harder to hear than the other guy.  The most clear things the mumbler says that  I can make out are:

“fuckin’ pressing charges”
“shootin’”
“I’ve done a lot of time”
“I’ve been down that fuckin’ road”
“Fuckin’ cover it up”

Then there’s a bunch of stuff I can’t hear.

Then S.B. says “I totally understand”.  I’m uncertain what he understands though.  Maybe ‘jail is bad’ or ‘cover your tracks’?

Mumbler:  “it’s your life.  I’ve been down that road.  I’ve been down that fuckin’ road”

Oh – the audio just changed and I can’t understand them again.  However, I did just sneak a peek over the bailiff’s shoulder at the transcript and it says “Audio from Project Estate.”

I can hear them again.  S.B. is now talking about how he either got a police manual or would like to get one so he can become “the king of forensic science”.

It’s hard to tell if he’s a murderer or a scared kid trying to talk big to impress a crime boss.  He seems like a caricature of an up and coming mobster – like what you’d see on TV or something.  Very big talker.

I swear every other word is fuck.  It’s kind of gross actually.  It’s so often that it’s almost completely lost its meaning.  They may as well be saying ‘donut’.

Everyone with a transcript laughs.  I have no idea what was said.  Argh! 

10:38am
Judge motions for 5 more minutes.

On the audio they are now talking about sex saying “what do you call it when you have relations with the opposite sex?”  Now they’re laughing again, but I can’t hear the punch line.  A.R. even thought it was funny.  He seems to be calling it “macking?”  I thought macking was making out… I am soooo unhip.

I just realized that the Inspector is TOTALLY nodding off on the witness stand.  Ack! 

10:41am
Break for 15 minutes.  They buckle up the defendants and everyone heads out.  I try not to look at them when they walk by.  I can’t decide if they’re guilty or not (?)  either way it’s kinda icky to think about so I’m just looking at my shoes like they’re completely enthralling. 

11:03 am
The guys are back and the Judge is telling everyone that we’re going to run to 1:00pm today and then break for the day.  He’s negotiating with the lawyers about coming in tomorrow (Friday, and they’re never there on Fridays) and trying to finish up testimony from one of the witnesses.  Apparently one of the inspectors would like to go home to Canada.  Success – they are on for Friday at 9am. 

11:13am
S.R. begins the audio at the bottom of transcript page 111.  This information is helpful to everyone in the courtroom but me.

They gave A.R. a jacket and a sweater today.  I think this makes him look a little bit bigger.  That guy is tiny.  He can’t be more than 5’5” and 120lbs with a very slim/slight build.  S.B. towers over him (actually, everyone does).  I think I could take him – actually I think a strong wind could take him out. 

The audio now has them all discussing what they call sex and girls.

I can hear S.B. talking about how he ‘tried to smoke dope’ but didn’t like it and that it brought on depression.  Apparently he also has allergies.  The undercover cop says “I have allergies too”.

There’s a bunch of mumbling and static and then I hear “that was fuckin’ fun, man!” and then a toilet flushes in the background.  From what I can make out the gist of this conversation is that they took him to a ‘hot part of town’ and that they ‘don’t fuck around for fuckin’ 10K’.

Since I can’t get but every 5th word or so I tried to sketch what the court looks like today.  Maybe someone will scan it in so the readers can get an idea of what the court looks like (and also take a gander at my fancy stick figures). 

The undercover cop says “Work for me.  Make me some cash.  Make yourself some fuckin’ cash”. Then the f-word about 4 times and the word “car”, then more f-words and “car in 15 minutes”.

Great, there’s a new guy that just came in and sat down right in front of me.  He’s enormous and now I can’t see the witness stand or the judge.  Good lord there are all but 3 people in here and 100 places to sit and he chooses right. there. in. my. way.  People suck.

U.C (Undercover Cop).: “are you gonna take the money?” followed by 5 seconds of silence…
S.B.: “what do you want then? “
silence
U.C.: “go around”
silence
S.B.:  “take that.  Take that back”
silence
U.C.:  “don’t call me at 5”  ?
S.B.:  “by the way, uh, you know <unintelligible>?”
U.C.:  “I don’t know what kind a lawyer you got…I got 3 lawyers that don’t fuckin’ move unless I talk to them…talk to your fuckin’ lawyer, if he ain't the fuckin’ guy you want, get another fuckin’ lawyer.  Cost me fuckin’ 80 grand to get that fuckin’ guy out of fuckin’ jail.”

S.B. is now talking about how if he ‘wanted to practice law’ he would have been one of the best lawyers.  He also talks about how he can’t afford to waste his lawyer’s time. 

11:48am
Audio stops.  Time to switch CD’s. 

11:49am
We’re back on.  Man, that undercover officer sure has a potty mouth.  The building hasn’t made the spaceship noise yet today.  Maybe the retrofitters aren’t here. 

11:52am
Paused the audio for a question.

S.R.:  do you recall at that point if he was on the telephone with you?
Witness:  no, I don’t recall at that point.

One of the jurors stands up.  I think his back hurts.

Back to the audio.  S.B. is apparently on the phone but it’s mostly silence and mumbling. 

Another juror is trying really hard not to nod off.  OH!  He caught me staring at him.  Ack. 

11:58am
Shift change for the bailiffs.  There are now 5 bailiffs in here.  I just realized that I have to go feed the meter!  I’m going to run out – they said that they were going to do another break but so far there hasn’t been one.  I can’t get another ticket today. 

12:09pm
I ran – made it 4 blocks round trip in 11 minutes.  I saw a guy talking to a lamppost and saying woo-ooo woo-ooo woo-ooo while flapping his arms like wings.  Neat.

The audio is still going, still static-y and still full of mumbling.  Lots of swearing.  I know army guys who swear less than this guy – every other word is fuck.  It’s really starting to gross me out.

Does S.B. have parents?  Just a thought.  (Note from Hilary: Yes.  Mr. and Mrs. Burns live in Canada). 

12:18pm
Ow!  Totally LOUD static and now it sounds like a ham radio..  Ugh – this is awful!  It reminds me of when the microphone breaks at the drive through. 

12:20pm
Jurors are getting a 5 minute potty break is all.  A couple of them run out.

A.R. is joking with his lawyer.  I’ve noticed that A.R. and S.B. don’t talk to each other – or at least they haven’t in the last two days.  Odd. 

12:24pm
Jury is back.  The lawyers are talking about a fake memo from the Bellevue police.  S.R. notes that S.B. was worried about faked evidence.  The judge asks the witness to speak up (the alien space craft is landing again) but the witness now can’t remember the question.

 S.R.:  are you saying that he said it but you didn’t believe him? (regarding the worries of faked evidence)
Witness:  no

The discussion now is about conversations that took place on May 1, May 5 and a couple of conversations afterward.  Apparently there were multiple channels of audio for different places and phones.  This is the chart that they have: 

Conversations from Part IV

     Date                                       channel                                  time
May 1, 1995                            Channel 34                               01:35
May 1, 1995                            Channel 34                               21:19
May 1, 1995                            Channel 34                               21:36
May 5, 1995                            Channel 35                               21:17
May 5, 1995                            Channel 34                               21:23
May 30, 1995                          Channel 35                               19:44
May 30, 1995                          Channel 34                               -  

S.R.:  In general, the undercover officers themselves don’t learn much about the actual investigation?”
Witness:  That’s the way our operations have evolved, yes.

Gist:  it’s so the undercover officer learns information from the target and not from the other officers in case they need to testify in court.

 S.R.:  do you recall getting information from inspector Schwartz about A.R. & S.B. discussing (the “Crime Boss”)?
Witness:  I don’t recall any specific conversation.
S.R.:
  what about a conversation in the house between A.R. and S.B. about ‘I hope they have some jobs for me in the future?’
Witness:  I don’t recall
S.R.:  Do you recall a conversation on 5/1 between S.B. and his roommates about (the “Crime Boss”) talking about what he was going got say to him – like ‘I’m not going to put up with his crap anymore?’
Witness:
  no
S.R. .. or ‘one day I’m going to make him a lot of money?’
Witness: no
S.R:  do you recall being told before 5/6 that S.B. said that he didn’t have time for your tiny crap and ‘I’m only going to do something if it’s worth 10 or 15 grand?’
Witness:  no

<<the witness tries to pour himself a glass of water and pours into his pants.  Then he consults his notes>>

S.R. explains how when (the “Crime Boss”) called S.B. on the 30th (channel 35 is the wire tap) and also listened on another monitor (channel 34 – wire in the house).  The reasoning is that you want to know what S.B. is saying to his friends after talking with the undercover people on the phone.

 S.R.:  do you recall being told that after the phone call with (the “Crime Boss”) S.B. told Jimmy Miyoshi and A.R. that ‘a weight of anxiety has been lifted off my chest because (the undercover officers) are not going to be around?’
Witness:  no

S.R is now asking about the 15th & 16th money laundering scenario.

 S.R.:  is this were S.B. learned names?
Witness:  company names or people?
S.R.: company names.
Witness:  yes
S.R.:  If (the “Crime Boss”) were really a crime boss and if they were really doing money laundering S.B. would have learned of 7 different banks to do money laundering?
Witness:  he didn’t need to know which bank, they only had 1 actual account set up at the bank of Vancouver. 

Next they go through all the bank locations where the laundering was to occur with the witness.  Names and addresses of all the banks.

S.R.:  June 28th& 29th more laundering was done?
Witness:  yes
S.R.:  and on July 10th?
Witness:  yes
S.R.:  on those dates they were taken to even more locations that they ones we just discussed?
Witness:  yes
S.R.:  both Jimmy and S.R. knew that (the “Crime Boss”)was a murderer?
Witness:  <pauses>  yes
S.R.:  and a money launderer.
Witness:  yes
S.R.:  and S.B. had a license plate number of one of the boss’s underlings.
Witness:  yes.

Break for the day.

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