This trial started November 24, 2003 and is ongoing.

March 9, 2004
by
dll

2:00pm - When I come in everyone is discussing someone called "Pro-Video" who is going to orchestrate some witness testifying remotely.  I'm not sure who, what, when.

2:05pm - Roger doing a direct examination of Dr. Richard Harruff, Chief Medical Director of the King County Coroner's Office.  Doctor talking about the autopsy of Dr. Rafay.  Roger asks when autopsy was.  July 14, 1994.  Sultana's and Basma's were as well.  Talking about specific injuries to Dr. Rafay's head.  Discussing angle, direction, force of attack.  Said the attack was on the front of the face, both on the left side and the right side.  

Something I've never seen happen before happens.  Roger says there are two questions from the jury.  He says the first one is can the Dr. tell which side of the bed the attack happened?  Dr. says no.  Second question is can the Dr. tell if the assailant was left handed or right handed?  Dr. says no.  Funny because I know I have written in this diary before that either SB or AR is left handed, but I don't remember which.  Sounds like the jury wants questions more specific to WHO did it, rather than how it was done.  I also wonder often during question why it matters how many blows to the head Tariq took.  We know he was murdered.  How do the number of blows to the head help figure out who killed him?  But this is not a made-for-TV drama.  This is real life, and the answers do not come simply.

Slide on the big overhead screen of the right side of Dr. Rafay's head.  There is a cut on the neck.  Dr. says it is different than all the other injuries which were of the "blunt force trauma" variety.  Now have a blow-up of the cut.  Now saying the wound has the "appearance" of an "incised" wound.  A stab, by definition, has to be as deep as it is long, and this one does not meet that criteria.  This cut is very shallow and about an inch long.

Roger now asking the Dr. if this injury was caused by a baseball bat.  No.  Is the injury consistent with some object getting between the neck and baseball bat?  Could be, but can't say definitively.  Were there any other injuries like this one on his body?  No.

Now asking if Dr. Rafay had any defensive injuries.  Dr. says there wasn't much movement by Dr. Rafay during the attack.  At the crime scene all the blood seemed to resonate from one small centralized area.

As the Dr. looks through the autopsy for a paragraph Roger wants him to read from, Judge Mertel stands up and has the jury stand up.  Says this is "slow going."  Questioning resumes and jury sits down.  Judge remains standing.

2:35pm - Roger asking if Dr. Rafay's legs showed any signs of movement during the attack.  No.  His legs had blood spatter consistent with being in one position only.  Left hand, arm and elbow had bruises.  Roger asks if these were "defensive" injuries.  It is possible, but could also have been simply reflexive.  Now showing photo of left hand (on big screen).  It is bruised from wrist to fingers (back of hand).  Now showing bruise on left arm (between armpit and elbow).  It's a U-shaped bruise - two inches long.  Now showing photo of elbow - some red marks.

Now showing really horrific photo of Dr. Rafay in bed in white PJ's with blue stripes.  Very disturbing picture.  SB and AR not looking.  Jury looking at SB and AR to see if they are looking.  I hate it when juries do that.  Like they can tell if they are guilty by seeing their reaction to some testimony or picture in court.  You can't, so stop doing it!  

2:55pm - Asking how long it took Dr. Rafay to die.  Dr. listing off lots of life-threatening injuries - brain damage, bleeding at brain stem, fractures of the neck bones/wind pipe.  Said he would have been dead almost instantly.  

3:05pm - Break.  Detective Thompson and Jeff talking about basketball injuries.  Thompson has stitches from a recent injury.  Jeff talking about when one of his lenses from his glasses got knocked out and INTO his flesh one time.  Song is disturbed by this (as am I).  Veronica on phone.  I talk to James about a DVD I gave him of our TV appearances.  He's wearing some cologne that smells really good.

3:30pm - Break over.  Judge address jury.  Tells them to stand up anytime they feel they need to.  Says it is important to stay alert during the proceedings.

Roger now focusing on Basma's autopsy.  For some reason they used a male figure in her autopsy diagram (where they use a generic outline of a body and then diagram injuries with marks and notations).  It is pretty much covered w/markings and notes.  Poor girl.  Now going over every injury, what type, where, size, etc.  Now showing skull diagram.  Roger asks if these injuries are consistent with a baseball bat.  Yes.

4:00pm - Still talking about skull lacerations.  Where they interconnect with each other, what force was used ("a significant, high-energy force").  Anything unique about Basma's injuries?  Says they are very similar to Sultana's.  

4:08pm - Picture of Basma's bloody, BADLY injured head pops up on the big screen.  Jeff shakes his head.  Roger asks Dr. if these are the pictures HE picked out to show the injuries the best.  He says yes.  The first picture was Basma's head w/hair.  Then her head shaved comes on the screen.  Shows the lacerations better.  Keep thinking poor Basma was buried with a shaved head.

4:12pm - Roger asking about defensive wounds on Basma.  Picture on screen changes to the formerly mentioned male body diagram.  "Significant defensive actions."  Sultana showed no defensive injuries.  And Dr. Rafay had "minor" defensive injuries.

4:15pm - Break for the evening.  Court resumes at 9am tomorrow.

After the jury leaves the attorneys stay and discuss the up-coming calendar.  Roger says that they have no witnesses for next week, because "everyone in Canada" is apparently on vacation next week.  They talk about Monday and Tuesday doing some "pre-trial" arguments before the Canadians come to testify.  Not sure what they will do Wednesday and Thursday.

Roger says they are going to "wrap up" their case soon.  Judge Mertel says "Thank goodness."

The prosecutors then proceed to list off some witnesses who are coming up, and some who won't be called.  Not calling Foote.  Talk about calling someone from Walt Disney or getting a "stipulation."  Wish I knew what that was about!  Dr. Blake - yes.  Swartz for Wednesday and Thursday. 

They talk about the videos and how they are going to be used during testimony as opposed to playing the whole thing through for the jury.  

They say the undercover cop will testify starting around April 1st and he says they don't expect that to take "over three weeks" and they should be resting their case around May 1st.  Judge Mertel is unthrilled.  He says he can't keep the jury and their employers happy indefinitely and was trying to aim for May 15th, since April 15th was obviously out of the question.