This trial started November 24, 2003 and is ongoing.

 

May 3, 2004
by
Hilary

10:15ish am
When I come in, the place is PACKED. For the first time ever I have to sit in the front row, directly behind the defendants, which is reserved for press and attorneys only. There’s a mix of really old men and lots of young women here today.  I presume the women are students (and to be fair, there’s probably some young guys in the mix.  I don’t really get a good look because I’d have to crane my neck 90+ degrees and look right back at them like some stalker freak-show, so I refrain).

Song Richardson is re-crossing Haslett.  I can’t tell you why exactly, but when as I sit down and get myself situated, she shows a portion of the July 18/19th scenario (the “confession tapes,” if you will) in order to point out that Sebastian said the Lion King “was a shitty movie.”

She continues on about the July 19th scenario.  Haslett and the defendants had a conversation about the VCR (the one that was missing from the Rafay residence, which Sebastian and Atif allegedly stole then dumped in order to make the crime scene look like a robbery).  Sebastian said he disposed of it after he and Atif were seated at a table at Steve’s Broiler, the restaurant they went to post-murder (or post-movie, depending on which version of their story you believe).  He says he got up, walked away from their table, and went outside, where he proceeded to stuff the VCR into a dumpster.  Song points out that Sebastian said he went by himself, though no employees at Steve's Broiler saw Sebastian leave at any time without Atif.  The Bellevue Police Department also searched all dumpsters around Steve's Broiler and didn't find it. Song asks: After the RCMP heard this disposal method from Sebastian, they would have checked that this was plausible, right? Roger Davidheiser objects and is overruled; I don’t quite catch Haslett’s answer.  Song is moving really fast, and she’ now on to Atif's comment to Haslett that he cleaned up in men's room at Steve’s Broiler post-murders, and didn't shower.

Sebastian's clothing is also a point of contradiction and confusion.  Sebastian said "um, yeah" when asked by Haslett if he brought a change of clothing with him (to the restaurant? I don’t really catch where he brought it….or maybe it was that he had clothes waiting post-murder, because I’m pretty sure Haslett asked him that before too, and he said he did). Haslett says that at the time he asked Burns this question, he had assumed Sebastian had committed the murders wearing clothing (normally a safe assumption, but Burns later said naked, and at another point said in underwear). Sebastian was wearing the same clothing both before and after the murders.

Song: when one is attempting to establish an alibi, the intention is to be remembered, to be seen; or at least that's what the hope is when you plan an alibi.  Haslett doesn’t confirm this in response.  Song moves on at lighting speed.

July 18th, pg. 18 and 19 of the video transcript:
Haslett asks about where Burns and Rafay’s bloodied clothing went.  Sebastian replies: "they're gone, disposed of."

He asks again, the same day, pg 28: "how do you fuckin' hit someone with a baseball bat, have to shower, and not get blood on you?"  Burns’ response: “You do it naked.”  Burns later says he committed the murders clad only in his underwear.

Song plays a part of the July 19th, 1995 scenario, in which Atif, put to questioning by Haslett, can't remember what he was wearing the night of the murders.  He’s saying something about wearing a “t-shirt type thing” (not exact quote) and he and Sebastian look back and forth at each other, as if searching for hints on what to say next.  Song is bothered by this, but Haslett doesn’t find it too disconcerting, saying it would be hard to remember what one wore a year previous.

Song remarks that they each told different stories about disposing of their clothing.

Song asks Haslett to turn to the transcript of July 18th, pg. 19-20, where Sebastian described throwing clothes away "in dumpsters....each article in a different one" (and in context, he meant both his and Atif’s).  Atif, on the other hand, says their “socks and gloves…I think…they got hucked out the window."  Haslett explains this difference between the stories by pointing out Atif’s specific mentioning of socks and gloves (accessories, not clothing per se): Sebastian’s dumpster story applies to the rest of their collective clothing. In the scenario, crime-boss Haslett also does not miss this detail, and asked why their stories of clothing disposal contradict each others.  Sebastian says Atif is using the phrase “hucked out the window” to be colloquial for "tossing the crap out." Both sound like they're making it up as they go along.  Since only Sebastian knows what he’s said to Haslett the day prior (the RCMP planned the scenario to ensure that they could not communicate between Sebastian’s July 18th statements, and the statements made the following day by both he and Atif), it’s not surprising that Atif’s statements contradict his.  It appears (to me at least) that Sebastian is continually trying to smooth over Atif’s various story lines so they conform to the ones he himself gave previously.

Song asks Haslett “you'd be concerned if what targets said was not supported by crime scene evidence, right?”  Roger objects, but is overruled because it's a hypothetical question.  Haslett's response is that it would depend on the situation, and on how contradictory the statements were.

A juror raises her hand and says she has to go, so we have a morning break.

Turns out the juror is ill, and the jury only reconvenes in the courtroom after break long enough to be told they're dismissed for the day.  After they've already filed back out of the courtroom, the defendants are accidentally brought back in.  The guards apparently didn't get the memo that court's out for the day.  Since they just came all the way down there for nothing, everyone pauses and chats for several moments, as if for lack of a better idea of what to do.  Then everyone packs up their things and saunters out.  It's only 11:30 when I'm outside.

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