This trial started November 24, 2003 and is ongoing.

May 12, 2004
by
dll

Missed morning session.  Read about it here or here.  

1:30pm - Courtroom full, lucky to find a seat.

1:39pm - SB and AR brought in. James and Bob come in.

1:40pm - Judge enters. James and Roger looking all over the courtroom for the remote to the big screen. Judge says he has the same problem at home. They never find it. Roger addressing issues he wants to introduce to the jury during his cross examination of SB.

• His yearbook quote
• The play he was in in HS - "The Rope" (loosely based on the story of Leopold and Loeb)
• Mr. Burns' thoughts on morality
• False insurance report where he used a movie as an alibi
• Attendance and demeanor at memorial
• Philosophical beliefs of Mr. Burns
• Superman theory
• An email between SB and AR found on AR's computer
• "The Great Despisers" screenplay
• Plans to bomb the Austria Consulate in Vancouver (what the fuck?!?)
• Stealing a girlfriend's credit card and using it (Nozgol)

Jeff argues the prosecution has had plenty of time to prepare for their cross examination of Burns and they should do it that afternoon instead of stalling with all these issues. Judge rules that the prosecution has not had access to the defendants in years, since before their arrest, and they need more time to prepare, so he will let the jury go for the day and they will spend the afternoon going over this list.

2pm - Judge dismisses jury. Apologizes for not doing so before lunch. Jury files out. Judge tells Roger to start his argument list. Judge asks to see the yearbook quote. Roger starts with the notion that Burns tried to explain away his motive, alibi and intent. Roger says he will start with the alibi. Says no one can testify that SB and AR stayed through the movie. On June 1st of 1995 they were seen disabling an alarm on an exit door at a movie theatre in order to let some friends in. Roger wants to use this information while crossing Burns, saying if he knew how to do it then, then he must have known at the time of the murders. The movie incident happened the same time the RCMP "stole" their car in order to bug it. Roger wants to call some RCMP "special ops" to testify to this.

Jeff argues that there is no proof that 1. SB and AR exited the Factoria Cinemas through the exit doors and 2. that the exit doors on said theatres are remotely similar and 3. that SB and AR had ever been to the Factoria Cinemas before to see what kind of door they had. Judge rules for the defense.

Roger continues with an incident in 1992 where Burns had a single car accident, running his car into a pole. He and his friend took the parts and drove to car to a movie theatre parking lot and made it look like the car was hit while they were in the movies, even went and bought tickets to a movie to prove to police that that is what happened. Roger wants to bring this incident of "insurance fraud" up during his cross of Burns and also bring in two witnesses, Dave Elton and Matt Zouls to testify, from Canada.

Jeff argues that this not a provision under 404B as Roger states. 404B (as Noel told me) is "Prior Bad Acts." These must be somewhat similar to the current charges. Roger argues that using a movie theatre for an alibi is exactly what they did in this case too. Jeff argues that it was not insurance fraud, but just that Burns didn't want to piss off his father off, and making an insurance claim was more a part of the ruse to appease his father rather than the intent of moving the car to the parking lot. Judge rules in favor of the prosecution.

Roger argues yearbook issue. Roger reading the quote out loud. Says I can't even pronounce some of these words, stumbles over labyrinth. Roger says that because SB believed he was superior to other people, this directly connects to his confession to Haslett. I don't' understand his reasoning, neither does the judge.

Jeff argues that lots of people probably felt the same way Burns did in HS, does not mean he killed anyone. Judge says teens say silly, bizarre things yearbooks all the time Burns quote is certainly bizarre. Says it would be grossly prejudicial. Yearbook quote excluded, judge rules for the defense.

Memorial service attended by SB and AR where they are seen on camera, filmed by a local TV station, laughing, covering their faces and running to a car. Veronica says the tape is far more prejudicial to her client than to Burns and they would ask for a separation of the charges and ask for a mistrial. Judge agrees with her, says he'll view the tape one more time but it seemed to focus more on Rafay than Burns.

Break called and I left.