This trial started November 24, 2003 and is ongoing.

February 05, 2004
by
dll

9:10am - Arrived at court.  All attorneys heading back into judge's chambers.  Some man in a nice suit is wandering around the courtroom examining things.  Probably a witness for the prosecution.

Written on a white board behind the prosecution:

Jimmy Miyoshi
1640 Queens Ave., W. Van.
604-922-3802

Sebastian Burns
5680 Keith Road, W. Van.
604-921-8427

9:15am - Attorneys exit judge's chambers.  AR & SB brought in.  SB in gray pants, blue shirt.  AR in hounds-tooth suit.  SB putting on tie and belt.

9:18am - Judge enters.  Attorneys going over some "evidentiary issues."  Song wants to make sure some questions that were asked, objected to, and sustained in the pre-trial will not be asked again in front of the jury.  Judge address that with Roger.

9:30am - Jury enters.

9:32am - Roger calls Jeff A. Gomes.  Mertel swears him in.  He's a detective for the Bellevue PD.  Been w/BPD for 29 years.  He was raised in Hawaii and then moved to Seattle to go to college.  Testifying that he was the person who contacted SB & AR about gunshot residue test, although he wasn't the one who gave the test.

Rogers asks about the demeanor of the two defendants when asked to take this test:

SB - "His demeanor was that he was quiet.  Lacked emotion.  Cooperative."

AR - "My initial observation was that he was more emotional.  Not overly, but some.  I felt like it was a touchy situation.  He was surprised and said, 'Do you think I did this?'"

"I told him no, we just need to do this as a matter of protocol."

Gomes then testifies that at 6:35am he met with SB & AR at the police station.  They were interviewed separately.  Met w/AR first.  Recorded interview.

Roger brings out exhibits 68-73.  Sixty-eight and 69 are transcripts of the interviews.  Seventy through 73 are the tapes themselves.

Roger takes a long time to find these.  Guard in the corner playing with rubber band.

Gomes is handed a transcript of the interview with AR.  When asked if the detectives were satisfied with their interview with AR he says no.  Said that AR was not as detailed as they would have liked.

"He was very generic.  'Walked in.  Found bodies.  Called 911'.  We wanted details like what lights were on, what door did you come in?  We needed that information."

An alternate light source was used in the interview room to see if there was any crime-scene evidence on AR's clothes or body or hair or shoes.

Gomes said there was blood on one shoe.  Prosecutor had to say crime lab found no blood on AR's shoes.  Gomes says, oh it was a dark spot we thought was blood, but turned out not to be.  Gomes states there was nothing found on clothes or body of AR.

Gomes talking about SB's Police Station interview:

"Mr. Burn's was calm.  He was cooperative.  No real emotion on his face or in his demeanor."

States that Burns was checked with alternative light source as well.  Nothing found.  His interview was recorded as well.  (tape recorded, not video)

"He didn't give enough detailed information.  I wanted more.  What they touched, where they walked, what they heard... I didn't get any of that."

10:35am - Break.

10:37am - James and Roger up at the front looking over transcripts.  AR's team out of the courtroom.  SB's team going over papers at their table.

10:40am - AR's team back.  Veronica eating a banana.  Some couple came into the courtroom around 10:30am.  Look middle-aged, dressed very nicely.  Thought they might be relatives of AR or SB or the witness.  But now that it is break they talk to no one but each other.  They are pointing at the jury box.  Relatives or friends of a juror?  Will have to look when the jury comes in to see if any of them make eye contact.

10:47am - Couple leave, never to return.  Mystery stands.

10:55am - AR & SB brought back in.  AR eating snacks, talking animatedly to Veronica and Marc. 

11:05am - Jury files back in.  Roger questions Gomes about AR's response to telling him he needed to talk to his relatives in Canada about the death of his family.  Song and Marc make many objections as the witness tends to give more information than asked.  Judge sustains most of those.  James comes over to Roger and whispers to him.  Prosecutors asks judge for side bar.  Judge Mertel refuses.  

11:17am - Roger asking Gomes about Bellevue Motel (where they put SB & AR after the murders).  He is sort of fumbling over this question.  Talking about it as if it still exists (when in opening arguments we heard that it was torn down).  Says it had all amenities (when in opening arguments we heard it had no phone).  Gomes went to the hotel the day after the crime to get AR & SB to go to the police station to be finger printed and photographed.  

Gomes had a conversation with SB in the car on the way to the station.  Asked him what towel he had used the day before for his shower and where that might be located.  SB said it was a red towel but wasn't sure where he put it.

12:05pm - Lunch break.  Jury files out.  James tells the judge why he called the sidebar.  He said that during witness testimony, when Gomes said that AR asked him not to contact his family in Canada, that Veronica said, "That's such bullshit!"  And that it was loud enough for him and some of the jurors to hear.  He wants the judge to instruct the jury not to pay any attention to the attorney's behavior or demeanor during the trial.  He also wants Veronica moved further away from the jury, because one time previously he heard her say, "Jesus Christ" when some witness was talking.

Veronica defends herself by saying she was communicating with her client and whispered, "That's bullshit, right?" to AR.  She said it was very quiet and the judge can even ask the jury if they heard it or not.  

Judge Mertel said he would really prefer not to muddle the minds of the jury with that sort of thing and that it would be time-consuming as well.  He advised, pretty much, that everyone mind their P's and Q's.  

The funniest part of this was when Veronica said to the judge, "I'm sure he would like me moved further away.  Like outside the courtroom."

1:55pm - Defense objects to playing parts of the tape of AR being interviewed by Gomes.  Says prosecution already played the entire tape and playing his favorite parts would be cumulative.  Roger argues it's just a short 10 minute snippet, relevant to this witness. 

Judge sustains objection.

2:05pm - James asks judge if he is going t read a statement to the jury about Veronica's comments.  Judge says no.  Veronica says the prosecution just wants her table (it's closest to the jury).

2:08pm - Jury files in.  Roger resumes questioning of Gomes.  

2:25pm - As Roger is about to ask a question he alluded to before, "What was AR's reaction to your question to him, 'What if I told you your family is already in town?'" Veronica asks judge for a sidebar.  Judge denies it.  Veronica says she insists on a sidebar now.  Judge agrees.

2:28pm - Everyone comes back.  Judge dismisses jury for break.  Song suggests they break for the day.  Judge agrees.

Adjourned until Monday 9am.