This trial started November 24, 2003 and is
ongoing.
January 29, 2004
by
hbm
I come in around 8:30, to the courtroom
on the 9th floor marked "Judge Mertel." At about 20
minutes to 9:00 (9 am being the trial start time), a totally
different case begins. What? Will this be over in time for
Rafay/Burns? My fears are put to rest when I see the Burns defense
team enter: Song Richardson and Jeff Robinson. They begin preparing
for another day in court by examining some evidence at the front of
the courtroom: what appears to be two glass shower doors.
8:51: More official-looking people
filter in: Rafay’s defense attorneys, Veronica Freitas and Marc
Stenchever. As the defense attorneys shuffle about in preparation,
the small dispute before the court continues: a Mr. Jerimiah is now
arguing with the judge. Frustratingly, the dispute is barely
audible, and I never can quite determine what the case is about.
The defense attorneys all examine the shower doors. The dispute at
the front of the courtroom has wound down, and as Judge Mertel exits
for a quick break, I figure this is my last chance to use the ladies
room before the Rafay/Burns trial begins for the day. When I
return, what proves to be the most dramatic event of the day is in
full swing: the Court Clerk, “Bob,” and Ms. Freitas are engaged in
what sounds like a pretty serious verbal altercation. Bob is
furious that Ms. Freitas was looking at the evidence exhibits. He
grows more and more irrational in his comments, and actually tells
her to shut up several times. She responds in her cool-headed,
lawyerly way, which only serves to patronize him, making him more
and more angry. Clearly there is some bad blood here, outside of just
this morning. To conclude the argument, they both agree they don’t
like each other’s attitude. They’re quiet for several minutes,
until the clerk starts in again. It’s amazing to see these people
interacting like regular co-workers. Well, this particular event
was perhaps less professional than regular co-worker interaction.
But still, in a job where the fate of two individuals (and potential
justice being served for the three murdered) hangs in the balance,
it’s amazing to realize that at the same time, it’s “another day on
the job.”
Atif Rafay and Sebastian Burns are brought in.
Atif is a TINY person. Burns adds a belt and tie to his ensemble
after his handcuffs are removed, and both defendants are wearing
tidy, though mismatched, professional attire. Both seem calm,
detached. The court session begins at 9:20. Mr. Robinson starts
with a witness, a Mr. Nichols, forensics/finger-print specialist for
the City of Bellevue. They are speaking about a gunshot residue
test. Early in the questioning, the witness says he “can’t
recollect whatsoever” certain details. This is not surprising, since
the details he’s being asked to recall are buried nearly a decade
back in his memory.
A Rundown of the Day’s EVIDENCE:
Shower doors: Finger prints found on
very top of door, must have been placed before the doors were
installed, as the spot touched would have been inaccessible, lying
in the track after installation. This is significant because the
prints could place another individual- other than the
murdered family or the defendants- at the scene of the crime. That
is, unless the prints were placed there by your friendly
neighborhood building contractor upon installation.
Box: Burns' prints were found on a
cardboard box. But do Burns’ prints correspond to a bend in the
box? And did he bend the box to make the scene look like a robbery?
My own two cents here is that in the week preceding the murders,
when Sebastian and Atif spent time bumming around the Rafay’s
Bellevue household, the minor bend- and three fingerprints- could
have been left on the box inadvertently by Burns through normal
activity.
Insurance papers in plastic billfold case:
It is the prosecution’s argument that insurance money was the motive
for the murders. If that’s the case, the defendants may have wanted
to look at the policy at some point preceding the murders. No
prints were found on the case or insurance papers, despite that (as
demonstrated by Nichols) it does seem in normal, casual opening of
the case, a thumb pressed onto the plastic would be awfully handy!
Crutchfield Catalog and Cadillac Magazine
(?), telephone, all of which had defendants' prints. But when
were they put there? Could have been in the week before the
murders, or before the family even moved from Canada!
One interesting point, brought up by Mr.
Robinson, is that no bloodied finger prints whatsoever were
found at the crime scene.
Throughout the proceedings, my mind is curious
about how Rafay feels seeing these photos of his murdered family’s
home. Especially on the chance he’s innocent of the crime:
rehashing the details of his (presumed) loved ones’ murder would
seem unbearable. Guilty or innocent, this is naturally a solemn
affair for all involved: the jurors look serious, at least appearing
attentive at all times. Some take notes. Burns and Rafay DO NOT
speak to each other at any time, despite sitting inches apart. I
wonder why- what is the back-story of their friendship? After years
of living in jail, and living this case, is there any
friendship left? Or have their attorneys simply requested that they
remain silent? Burns appears grave; staring unwaveringly at the
front of the courtroom as the case unfolds before him. Rafay seems
slightly more relaxed, chatting and joking periodically with his
attorneys. Occasionally he scans the room behind them. I’m struck
by how few people are observing: an attractive young woman, taking
notes (perhaps an assistant to the court? I see her speaking with
Judge Mertel later), a scruffy younger man in leather, and an older
woman, jauntily wearing a green hat and headphones, and at times,
reading the paper. One or two others, probably reporters, shift in
and out of the courtroom. No one in the way of family or “loved
ones” is present to provide moral support to the accused. Wading
through the evidence and arguments is a long, lonely journey.
The session adjourns around noon because a
juror has a stomach ailment and can no longer proceed for the day.
The defendants are re-handcuffed, and de-belted. Burns averts his
gaze sharply away from us as he and Rafay exit with King County Jail
guards.
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