This trial started November 24, 2003 and is ongoing.

March 3, 2004
by
Hilary

1:50 pm
Today the taped testimony of Jimmy Miyoshi began. I couldn't come until after the lunch break, and I must have missed the explanation of why this testimony was allowed to be presented on video tape, filmed beginning on August 13, 2003.  I'm supposing it was an agreement reached for scheduling convenience with Mr. Miyoshi, who presently lives in Japan.  Anyway, I'm not quite sure how Jimmy swung that, but at any rate, I'm finding it easier to listen to than regular testimony on account of a) the louder volume and b) the legal transcript of the testimony that is projected on screen at all times.  The written record onscreen helps me get names and dates mentioned correct, too.  The Judge comes in post-lunch break, and begins with the typical update on the heating and cooling situation in the courtroom, which is an ongoing comfort issue for the jury. 

When the taped testimony resumes (they started it earlier in the day, after finishing up Thompson the day before, March 2) I immediately recognize the voice of James Konat.  The camera captures only Jimmy Miyoshi's face, and does not deviate from this line of view for the duration.  The Judge and attorney's voices can be heard, but still the camera remains steady.  James is asking about the timing of a visit Miyoshi had with his girlfriend.  It sounds like Miyoshi (henceforth referred to as JM) is saying he and Atif and Sebastian first conversed about killing the Rafay family in a car ride to Vancouver, BC.  JM says he knew the murders were motivated by insurance.  Voice of Robinson objects.

(Note to reader: If I simply say something happened in this narrative, such as "Atif lured his mother down the stairs," please be aware that this "happened" according only to the testimony of Jimmy Miyoshi.  I just get tired of writing "he says" or "he claims" in front of every sentence.)

JM says AR & SB had other reasons for committing the murders, though he doesn't think they were "verbalized explicitly."  JM had three conversations with AR & SB, after AR came back from Cornell, and before the murders.  JM believes there were even more conversations after (what is referred to as) the "creek incident."  Konat asks "When did you understand that there were reasons beyond insurance (for the murders)?"  JM says he always knew there were other reasons, but he "didn't necessarily understand" those reasons.  He does not explain how they were expressed to him either (since before he said it the reasons were "not verbalized explicitly"). 

The summer of the murders, JM worked for environmental consulting company, and he confirms that AR and SB visited during work in summer of '94.  JM says they discussed the killings during that visit, too.  JM confirms that AR used his parents' car, a brownish Honda Accord, and that neither SB or AR had their own car.  The meeting at his work was not planned.  He says on the day they visited his work, he believes they came to give him information about the baseball bat.  It is not explained what their motivation would be for delivering information about the murder weapon to JM prior to the murders.  The visit to his work lasted less than 1 hour.  Konat asks what was specifically discussed.  Jeff objects, and is overruled.  JM says they told him something about the bat, but he doesn't know what exactly.  JM says he did not know when Sebastian and Atif planned the murders, but did know they were headed back to Bellevue.  He confirms that he did speak over the phone with the defendants after murders, but not necessarily about that.  He says it was more of a "'Hello.  How are you.' kind of thing."  He did, at times, call the Rafay's home both before and after murders.  I believe James says the work-place conversation was their 4th talk about the murders.  JM says he learned of the murders some weeks later through a friend's phone call.

JM confirms that police came to his home (he lived with his parents at the time) because of argument between JM's parents, post-murder.  I'm not sure how this domestic dispute fits in.  JM says he phoned the Rafay residence after the murders out of concern for SB & AR.  They spoke on the phone, and also in person in Vancouver, and they did speak at that time about "what had occurred."  JM always uses such terminology to refer to the murders.  He never refers to them directly, but instead always says "the event" or "what had occurred."  JM says Atif told him he lured his mom into basement, where SB began the attack by striking her from behind.  According to JM's testimony on conversations he had with Burns, Atif was apparently distressed by "the event," but knew after the first blow there was "no going back."  Miyoshi claims Atif confided that they took the VCR from the home and made efforts to make it look like a robbery (we never do find out what happened to the VCR, and JM claims to not know).  Jimmy says Sebastian went to Tariq's bedroom and also "struck the sister" while Atif "did something" with the VCR "and stuff."  JM can't explain what he means by "stuff."  JM says Atif and Sebastian didn't tell anyone else about the murders.  Sebastian told JM about "lots of blood in (Tariq's) room," and that it "was hard" for Atif.  JM says they also talked about their alibi plans the night of the murders: going out and making sure they were seen around town and so on.  He also says they talked about throwing away the bat & "other things." 

One thing I find peculiar about Jimmy's testimony is that he refers to he, Atif, and Burns as a collective "we." "We were worried it wouldn't be safe," "WE bought the Mustang convertible."  Also, so my reader might better envision these proceedings, I should point out that Miyoshi speaks, softly, halting and hesitating often.  At this point in the testimony, hat lady comes in, looking extra "fancy."  Maybe she has an important dinner tonight?  I notice there are only a couple other people here.

 Moving on...

JM says he doesn't know which theater they saw Lion King at.  A month after the murders, JM moved out of his parents' house and began living with AR, SB and a fourth roommate by the name of Robin Puga.  They decided to live together because, like most 18-year-olds, they didn't want to live with their parents anymore, and they were all good friends.  JM quit his job "because of these events," meaning police interaction, and constant media attention.  Their address in Vancouver was 2021 Phillip Avenue.

Robin moved out first, after some months, because the other boys "no longer wished to live with Robin," so they "found a way to make that happen."  JM isn't sure who's idea it was to get rid of Robin- all three had "reasons."  JM moved out after 8 months, & AR & SB continued to live there.  JM says SB didn't "work," on account of being "worried about being a suspect," which proved too stressful and time-consuming for him to be capable of working.  None of the three were employed, which causes James to pry into their resources. Konat asks "how did you live, pay bills?" JM explains that they all shared resources.  JM testifies that AR & SB were on public assistance for about 6 months at the beginning of their living together.  He doesn't remember what it was that caused them to no longer be in need of public assistance.  He goes on to say that living together was stressful because reporters were always around and the police were "on their backs." 

Robin & JM went to Rafay home in Bellevue at some point to "look at the house; the estate."  According to JM, it was either Atif or Sebastian who asked THEM to go, because it was "very possible" that they could be arrested if they went themselves.  Jimmy "kind of remember(s) something about picking up (Atif's parents') vehicle."  Jimmy says he "doesn't remember" or isn't sure at least 75 times during testimony.  Apparently Bellevue Police came while Jimmy and Robin Puga were at the Rafay home.  They were detained, separated, & questioned regarding the murders.  JM refused to talk or cooperate, believing that to be in his best interest at the time, and "doesn't really remember" what was asked.  They stayed in jail over night. 

(At this point, I should explain I can't use the first names of the two individuals from the Royal Canadian Mounted Police who a posed as organized criminals.  I will refer to them by their last names and/or titles, Corporal Shinkaruk and Sergeant Haslett, respectively.)

JM continues: Shinkaruk and Haslett were two individuals SB said were criminals.  JM believed they were organized criminals. JM met both, first Shinkaruk in Victoria BC because Shinkaruk and Haslett were "offering work to us."  The job: Shinkaruk would give them money, which they would deposit it into a specified account.  They did this between six and a dozen times, totaling thousands, "but less than $10,000."  JM and SB stayed in Victoria hotel together.  JM met Shinkaruk once or twice before his arrest.  Sebastian and he were paid $1000 between the two of them for their services to Shinkaruk and Haslett.

JM testifies that he was indirectly affected by hub-bub surrounding Sebastian (and to an apparently lesser degree, Atif).  The friendship between the three became stronger when moved in together, and with Robin too, until Robin moved out.  JM describes the friendship amongst he, AR, and SB post-Robin as "the same, but...roughly speaking, things changed."

JM met Haslett at a Victoria hotel, the Landis, at Sebastian and Atif's request. Atif drove them in a Mustang "we" purchased a month or 2 prior to the meeting. 

JM was not living at 2021 Phillip Avenue at the time he was apprehended for conspiracy to commit murder.  He says he was "vaguely aware" that Sebastian and Atif took a trip to the US border.  SB asked JM to go meet Haslett and tell him that he "was involved" in this case, in order to gain Haslett's trust, to "enhance" their relationship him and the "resources available to him."  Conversations between Sebastian and JM (which sometimes included Atif, but not always, apparently) that took place while they sat on the roof of the house come up frequently in the testimony.

James brings up a "code" the boys developed about how they would speak to one another, which was "not explicit."  They referred to the murders, for example, as "this event" or "this incident."  (Which probably explains why Miyoshi continues to do this throughout testimony.  He only says the word "murders" when specifically pressed by either Judge Mertel or by Konat, as in: "When you say 'this event,' you refer to the murders," to which he answers yes).  Through James' questioning, JM explains how the word "jello" at the beginning of their friendship was used to signal that they didn't feel comfortable saying something.  For example, when speaking on the phone, if someone else came into the room, they would use the word jello conversationally in to indicate that they couldn't proceed talking about whatever it was they were talking about.  Konat also mentions the word "cooler" being used in lieu of "car," but JM claims he does not remember this.

JM says he "doesn't know" where the money came from to purchase the '92 Mustang convertible, bought in 1995.  He "thinks he kind of remembers" remembering where it came from in 1995 (yes, you read that right.  He thinks he kind of remembers remembering at one time where it came from...but he forgot.).  He doesn't believe it came from money he produced, though.  Through questioning, all other sources of money are ruled out as being used to purchase the vehicle, except  "money related to Atif's parents."

At The Landis Hotel, Haslett asked JM if he knew about "what happened" prior to "it" happening (the murders, that is).  JM says he was encouraged to answer by Sebastian.  JM was reluctant because he suspected that "this wasn't what we thought," and that it would be "on tape somewhere."  He decided to give a non-verbal reply, and nodded in response.

SB, AR, & JM discussed on their roof the suspicion JM had that Haslett was an undercover officer. JM doesn't remember if AR or SB expressed suspicion. They did express concern that the house was bugged though.  James doesn't manage to make Miyoshi say this explicitly, but this concern does explain why they talked on the roof.  One topic that was discussed between Jimmy & SB on roof was that SB had already told Haslett about his, Atif's, and Jimmy's involvement in the case, and he encouraged Jimmy to confirm his involvement to Haslett, at his request, in order to "curry favor with (Haslett)."  In exchange for confirming his involvement, and that he knew about the murders in advance, Jimmy said Haslett was going to "help us," but doesn't recall how.

At this point, James asks questions about JM's attempt to collect a hair sample from someone (he approached strangers with a comb/brush) to give to Shinkaruk and Haslett as "evidence."  He acted like a "crazy person with a hair fetish."  I'm unclear on the details here- apparently it had to do with a promise from Shinkaruk and Haslett to "destroy" evidence linking the boys to the murders.  This topic is dropped suddenly and questioning goes back to JM's suspicion that Haslett was an undercover detective.  According to JM, the boys discussed that the information they were giving to Haslett was not new information, that it was all already in the newspaper, and that would provide them with a "cover" if this type of "confession" ended up getting them into trouble.

On July 31, 1995, Jimmy Miyoshi was arrested for fraud and conspiracy to commit murder, and gave a statement.  He says his statements weren't entirely honest, but that "they were answers (w/ the intention of protecting) Sebastian and Atif."  Why? "In a way to also protect myself, but also I didn't want Sebastian and Atif to be arrested & convicted."  He got a lawyer, and eventually entered into an immunity agreement with the Regional Crown Counsel (Canadian prosecution), on 10-15-95.

8.24.95: RCMP interviewed JM while he was represented by Nancy Kalid, lawyer.  They are now confirming with Miyoshi all the dates of the documented interviews he had with officials.

Questioning jumps back to the hair sample.  He says Sebastian told him Shinkaruk and Haslett were going to have evidence in Bellevue, which apparently was incriminating to Sebastian, destroyed.  The hair he collected was going to be part of that evidence (though I'm not clear on why he would have to create evidence to become part of the evidence to be destroyed...)

Adjourn for the day.