This trial started November 24, 2003 and is
ongoing.
February 26, 2004
by guest writer
Brady
In the car ride to the courthouse I note that
I will have to replace my fantastical ideas of a Hollywood
courtroom with the beautiful tediousness of reality. I must quell
my ideas of renegade defense lawyers being held in contempt or
tyrannical judges throwing books and gavels every-which-way. No,
in reality two young men are on trial for a triple homicide.
Erin and I show up about 9:45. We are late and
her shoes make a loud clacking noise across the floor turning a few
of the seven or so heads in the gallery. We quickly find a seat and
Erin comments that there are a lot of people here today. There are
five or so Asian (students?) kids my age spread about the gallery.
One woman in front of us is still glaring at me like I just punted a
terrier into the middle of proceedings. It’s kind of creepy.
Thompson is still on the stand, and the
prosecuting attorney James Konat (it took about a half hour to get
my peoples in order) is questioning him about a man named Overcast—a
Canadian Border Patrol agent—and his contact with the BPD. This
leads to Konat’s questioning to the Royal Canadian Mounted Police
and when [Thompson] was contacted by them. At this point I am
trying to get my bearings and see if I can bring myself up to speed.
Konat takes a large notepad on stand and is
writing something on it. It is turned away from me and I am having
trouble hearing what is being said. I don’t think they are playing
Pictionary. But if they are, my money’s on Konat, I bet he draws a
mean stick figure.
About 10:15 I notice that I’m spacing out. I
look up at Bob. He looks very bored. I must make a mental not to
sit closer after the break. The students keep moving from seat to
seat making quite the ruckus. Between them, the clanking pipes, and
the sub-audible lawyers it is difficult to concentrate. Also, more
coffee is in order.
Thompson is wavering on dates. He checks his
notes. He isn’t quite sure when he was contacted by the RCMP about
surveillance on AR and SB in Canada. Konat starts switching gears
here at a pretty rapid pace. There is a quick question about Myoshi
and Thompson’s contact with him after his initial arrest. Once
again it is difficult to hear. I am confused. The Asian students
make a mass exodus causing one hell of a commotion. So loud in fact
that Konat falters in his questioning and shoots a look behind him
to see what is going on. The glaring lady turns around and has a
look of absolute contempt, which she then shares with me, like it’s
my fault. Apparently I haven’t lived down my late entrance. Talk
about begrudging. Jeez.
Next a question about Sept. 11th
2000. Thompson had gone to BPD to collect a piece of evidence
(hair) found in the Rafay Shower. Stuff…stuff. I’m spacing out
again. I need more coffee. Erin has to leave and as she goes she
reminds me to rise when the order is given. Her shoes are silent as
she slips out.
Ok, it’s about 10:25, Thompson is using a very
large map produced by Konat to show the jury how he retraced a
possible route from Steve’s Broiler in Bellevue to Somerset by AR
and SB on the night of the murder. I can’t see the map but I
imagine it looks very map like. Very map like indeed. Konat is
very concerned with the route taken and what time he did this. 2:00
am. He wants to know why Thompson chose this route. Thompson
believes it was the fastest.
At 10:30 Break is called. Coffee, thank god.
Everybody rises. I nearly forget.
All the attorneys seem very jovial. AR is
joking with the lawyers and seems in a good mood. SB looks stoic.
He doesn’t say anything. I run into Thompson outside by the
bathroom. I am curious as to how long the break is. He tells me it
is technically fifteen minutes but more like thirty after they cuff
the defendants and take them back to the holding facility and then
back again.
I get back with my coffee at 10:45 and there is
not much going on. I’ve positioned myself closer to the front right
side of the room so as to pick up more of the Q and A. Jeff
Robinson is setting up a power point presentation. I notice some
pictures and diagrams from the crime scene and other pictures of
evidence. The projection screen is apparently not cooperating and
there is some discussion about framing on the overhead. Roger comes
over to help out. He fixes the problem. Way to go Roger.
At promptly 11:00 SB and AR file back in and
there is more joking. SB still looks stoic. AR is smiling.
Robinson goes on record before the jury is asked back in. Some
thing about the Vancouver PD organized crime unit, I don’t really
understand as I am still bringing myself up to speed. He then
announces that the prosecution has some DNA samples in the works
(cigarette butts and the aforementioned hair in the shower). Jeff
is curious and wants some kind of documentation. There is some
question about Jesse Brar and if his DNA is an issue. Mumble
mumble, I think the answer was no. Can’t be sure. Roger says that
the samples are still being tested but should be in soon. This is
just a heads up so no one is caught by surprise. Judge Mertel tells
Roger to present it as soon as it comes in. And that ends that.
Bring on the Jury.
11:15: Judge Mertel asks Jeff if he plans on
finishing up his cross-examination of Thompson today or what. He
says yes but probably not until later this afternoon.
11:30: Jeff is concerned mostly with
conversations between Thompson and other officers (i.e. Sweeny and
Gardener) about not entering Dr. Rafay’s room to far due to blood
and other tissue on the floor. There are six or so objections from
Konat about relevance, Jeff withdraws or rephrases a few questions
and the last one is overruled. It concerns a diagram drawn by
Sweeny on July 15 showing red dots to indicate blood spatter on the
Dr. Rafay’s bedroom floor. The diagram is projected on the overhead
screen. Jeff is asking Thompson if he knows if you can see the east
side floor of the room from the doorway. Jeff makes it sound
unlikely.
11:45: Jeff is speaking somewhat abstractly
about the time Thompson has spent in the courtroom not as a
witness. He has the privilege of being present since he is the
investigating officer. Jeff is challenging Thompson’s memory due to
the fact that his recollection may be skewed or biased because he
has been privy to past testimony. Konat thinks this to be a little
sketchy. Judge Mertel allows it and then tells Jeff to get on with
it. Which pretty much ends that. I think Jeff got his point
across.
12:00: Jury is dismissed for lunch. Judge
Mertel says he has a meeting that could take a while so they will
not reconvene until 1:30. I forget to rise again. Have to jump up
quite awkwardly. I stay until most everybody is gone, look over my
notes and make my exit. I’m very interested to see what happens
next. Too bad I can’t make it for the afternoon session. |
