This trial started November 24, 2003 and is ongoing.

March 24, 2004
by
dll

9:10am - All attorneys present.  Mr. Dallin is back, still dress in his... I don't know what you call it... outfit from yesterday.  He's deep in conversation with Bob Thompson.  James working on a timeline on a flip-board he used yesterday.  Really loud annoying noise coming from some construction going on upstairs.  Veronica talking to Dallin now about his uniform (that's the word)!  Asking why he is in his "reds."  Said his boss wanted all of them to testify like that.  Veronica informs him he's the only one so far.  He seems surprised Schwartz didn't dress up.

9:17am - Veronica and Marc talking.  SB and AR brought in.  Veronica says, "Atif, you look downright dapper!  Sebastian on the other hand..."  Both AR and SB laughing.  Veronica has a laptop today.

9:23am - Judge talking about deposing San Diego girl (I will write more about this this weekend).  Arguments for and against bringing this "surprise" witness from the prosecution in.  Judge decides she needs to be interviewed, under oath, by both prosecution and defense, Monday at 9am.  They will forego the normal trial for the day (much to James' chagrin) and just do her testimony that day, sans jury. 

10:00am - Jeff asking about Dallin testimony.  In his notes they discussed creating conflict between SB and JM, but they were afraid SB would "hurt" JM.  Jeff does not want this "opinion" testified to.  Prosecution says they have no intention of bringing that up.

10:05am - We take our morning break having never brought the jury in.  Marc, Jeff and Song stay in court.  Everyone else is gone.  Jeff talks to the stenographer about ordering transcripts.

10:30am - Judge/jury enter.  Judge tells jury no trial on Monday for them, but assures them the lawyers and he will still be working on the trial.  Dallin on the stand.  James resumes his direct.  Asking him how many TV's, radios and VCR's SB and AR had in their home when they went to bug it.  Dallin says don't know.  Said he talked to Bob Thompson about the successful installation of the bugs, and Thompson wanted to know if they saw a VCR like the one that disappeared from the Rafay home the night of the crimes.  Dallin says he didn't notice, but thought one sounded like the one Thompson was describing.  At this point Jeff objects to this line of "misleading" questioning.  Judge allows Jeff to question Dallin right there, "Did you at some time find out that the VCR from the Rafay home was indeed NOT in their possession?"  Dallin says yes, after they were arrested they went in and the VCR was not the one they were looking for.  

10:55am - James questioning Dallin about the audio tape of AR and SB talking about newspaper article that described and undercover "mafia" operation where cops caught a criminal like that.  James asked what he heard on the tape.  He said he heard them read the article out loud, then they said the names of the cops they were dealing with (thinking they were mobsters) (I'm not allowed legally to print the names), then heard a "low laugh."

11:05am - James asking Dallin about the insurance company.  Dallin called them to tell them that AR was going to be arrested for the murders of his family and they shouldn't give him the money.  He asked her not to relate to AR or his lawyer that the Canadian police were investigating him.

11:12am - Dallin asked to describe what "smurfing" is.  I've already posted this when he asked Schwartz the same question.  Much of Dallin's testimony is like this, testifying to what others have already said.  This will make for a shorter trial diary today because I don't feel like typing it all twice.

11:25am - Talking about dates of smurfing operations.

11:50am - Talking about the fabrication of a document to make it look like BPD had some sort of forensic evidence against Sebastian.  Knowing how little forensics they actually have, this is pretty amusing.  The reason they wanted to show this to SB was because they were going to offer to have this evidence "destroyed" by their supposed "in guy" at BPD in order to gain the trust of SB.  I think they actually did tell him all this at sometime.

11:59am - James done with is direct. Lunch called.

1:35pm - All attorneys present in court.  Good mood in the courtroom.  James telling a story about horse riding in Nebraska.  Veronica admiring Dallin's boots and spurs. 

1:47pm - Judge/jury come into courtroom.  Jeff starts his cross of Dallin.  Asking about Dallin's trip to Bellevue.  He drove from the Factoria theatre to the Rafay house to see how long it would take.  It was 3-4 miles and took 5-10 minutes.  

2:00pm - Jeff asking about some guns Dallin previously testified about.  Pearl-handled, chrome-plated 9mm handguns.  Jeff says that just because they were pretty doesn't mean they are any less deadly.  Dallin agrees.

2:35pm - Break.  Jeff and Roger talking about Scrabble.  Jeff says that S is the most important letter because you can always make two words with it, by adding the S to the end of one word and making a new word out of it as well.  Roger tells Song she needs to get Jeff out more.  Jeff says what's more fun than drinking Diet Coke and playing Scrabble with friends?  Jeff asks James if this is his longest trial?  James says yes, previously has only done a three month trial.  Jeff says this is about to be his longest too.

James talks to the judge without the jury present.  Wants to mention a screen play found on the defendant's home computer with a title of "The Great Despisers."  This is apparently a Nietzschean term.  Jeff and Veronica contend he can mention the screen play, but not the name.  Judge agrees.  

3:10pm - Jury back.  Veronica questions Dallin.  Questions him about the RCMP timeline, where they decided to start their own investigation.  They had decided to investigation SB and AR for "conspiracy to commit murder" because they thought they must have planned the murder while living in Canada.

3:24pm - Veronica done.  James does his re-direct.  Some juror is coughing up a lung and everyone ignores her. 

3:36pm - Sidebar happens after a flurry of objections as James tries to bring in evidence that SB and AR were trying to make a film and needed a lot of money.  Sidebar lasts an astounding 8 minutes.

3:44pm - Sidebar over.  James resumes w/Dallin.  Do you know how many phone calls were taped at SB/AR home?  No.  Shows him a synopsis of a call that was taped.  A call made out by Atif to a "Karen" about renting some video equipment.  James is going to play 5 calls made by AR.  Roger plays them but the sound won't work.  James goes and gets Mr. Techie guy who always helps them out.  Now James goes and visually inspects all the speakers.  Techie guy fixes problem.

1st call - AR calls and asks about renting movie making equipment.  Gets put on hold.  Song "Sultans of Swing" plays and Veronica starts grooving at her table.  People laughing.  Finally comes back on.  Says they can rent cameras for between $1,500 and $3,000 a day.  Hangs up.

2nd call - AR calls another place and asks about renting cameras.  Guy puts him on hold.  Comes back and asks if he can help AR.  AR says again he wants to find out about renting cameras.  Guy tells him to hold.  Girl answers the phone, AR tells her he is interested in renting cameras.  She says they have transferred him to the wrong place and he needs to call a different number.  He sighs and hangs up.

3rd call - Oh hold with same place as before.  Eventually hangs up.  (obviously they have crappy customer service)

4th call - Calls another place and asks about renting cameras.  They say they don't do that, only TV's and VCRS.  Hangs up.

5th call - Calls another place, and is transferred.  Talking to someone about cameras.  For 20-30 days it would be around $40K to rent them.  He asks about steady cam.  They don't carry them, says most people just buy those.  End of call.

4:10pm - James ends his re-direct.  Jeff crosses Dallin again.  Did you, while listening to these conversations, ever hear them say that they had enough money to rent this equipment?  No.  Ends questioning.

4:16pm - Questioning bounces from Jeff to James to Jeff to Veronica.  Not much to say about it.

4:19pm - Dallin dismissed.  Court over.  Starts tomorrow at 9am.