This trial started November 24, 2003 and is ongoing.

May 13, 2004
by
dll

8:40am - Judge Mertel is hearing another case.  Courtroom is pretty much full.

8:50am – Standing room only.  Bob Thompson, Roger, Jeff & James present.  Waiting for the other case to be over.  People are being noisy as fuck.  Like they are talking through the previews before a movie.  Roger preparing at the podium.

8:55am – Other case is done.  People still filing in and out.  No more room for any spectators.

8:55am – Marc enters.

9:05am – Veronica enters.  Song on phone.  Veronica & Marc talking w/Jeff.  James chatting w/some observers.

9:09am – SB & AR brought in.  AR looks at the galley and rolls his eyes.  SB comes in looking at the floor and stares at the floor all the way to his seat.  SB, Jeff & Song in a huddle.  AR whispering to his counsel.  This courtroom used to be so much fun.

9:19am – Judge enters.  Roger telling judge he intends to ask SB on cross about which jails he has been in for the past 9 years.  Jeff says it appears Haslett & Shinkaruk were in the media room when he walked by it (media room has some little monitors that the courtroom cameras feed to) and if they watch any of this trial they will be excluded as further witnesses.  James state Haslett & Shinkaruk are not in the media room, but were up until that conversation.  Courtroom titters.

9:22am – Jury brought in.  SB on stand.

Again, I'll put things SB says in red to avoid any confussion.  Also, all questions and answers are paraphrases unless in quotes.

9:23am – Roger starts his cross of SB.  Roger hands SB a transcript of the May 6^th scenario and one of the Royal Scott scenario and another.  June 28^th scenario & July 18^th scenario.  The July 26^th and a copy of your direct testimony from Tuesday.  Six transcripts in all.  Roger asks about a conversation between JM & SB in their hotel room alone after one of the "smurfing scenarios."  Do you remember when JM asked you what narcissism is?  Yes.  He is asked what he told JM.  He reads from the transcript where he explained the myth of Narcissus.  Roger asks if he described it further.  SB says No.  That is a flaw in the transcript, it should be hubris.  He describes it, reading from transcript.  At the time did you believe you were narcissistic/hubris?  No.  Do you remember talking to Haslett after Whistler, telling him that you and your friends were the smartest people in the world and you had no need for anyone not as smart?  I remember part of it, but I could have said all of that.  Did you believe that when you said it?  I’m not sure if I believe it but I thought it was a fun thing to say.  I liked to be arrogant.  Why was it fun?  I don’t know.  Why do you like to be arrogant?  I don’t know.  I just found it enjoyable to shoot my mouth off.  Wouldn’t you say that your conduct was similar to your attitude?  I can’t think of any examples of that.  This wasn’t the only time you said you were one of the most intelligent people on Earth, right?  “Correct.”  You believed that?  Jeff objects – asked and answered.  Judge overules – Different date.  I didn’t believe it.  You told Shinkaruk that you and your friends were so solid that you had done things together that no one would go to the police about.  I did tell Shinkaruk & Haslett that when they asked if they were solid.  Did this bond of trust pre-date the Rafay murders?  I could not have conceptualized the trust I had with JM and AR before our ordeal.  I didn’t have conversation about trust with anyone before I met Shinkaruk & Haslett.

9:45am – Roger asking if by the time he talked with Haslett & Shinkaruk he had only friends he could trust around him?  No.  I never made a conscious decision to be started at when I went to school, that just happened.  I told Shinkaruk I had enough things happen to me to eliminate anyone around me who I couldn’t trust.  When you told Shinkaruk you were smartest…. You were asked by Haslett how people perceive you.  How do people who don’t know me think of me.  Remember that question?  What did you tell him?  I told him that people thought I was a nice boy who people would give a ride to.  Is that all?  SB reads the transcript where he added even though I never gave anyone a ride before I'd give you a ride because you seem like a nice boy.  I was talking from experience because people have actually said that to me before.  SB looking at transcript and says I don’t remember if you question before implied that JM & AR were my only friends , they weren’t.  Also I don’t remember if you said the confessions or “false” confessions, but they were false.  March 2001, you were extradited to the King County Jail?  Yes.  You have testified that you gave 3 statements to BPD?  Yes.  A handwritten.  Yes  Taped one.  Yes.  Another taped one in the park?  Yes.  You made statements to the RCMP next.  False statements.  Your friend AR made statements.  False statements.  JM – he made very minimal false statements (chuckle).  You know if the jury believes your RCMP statements instead of the BPD statements you will spend the rest of your life in prison?  Yes.  You said the attention you received was debilitating to your lives.  That you registered for classes at college…  Jeff objects, says misrepresented answers.  Roger going over testimony where SB says he registered for classes.  SB says I don’t think I said registered.  Roger points out where he DID say it.  Roger hands him a fax from the college where it says he never registered for classes.  SB says there are two fees you have to pay – an enrollment fee in August, which I paid, and another when you register, which is not due until later – a week after classes start.  I never paid that fee because I decided not to attend.

And you testified that someone gave you an under-the-counter job.  Yes.  Ron Isaacs.  Your girlfriend’s father?  Yes.  What was that job?  Picking up debris at a construction site.  How much money did you get?  $12 an hour.  How much money did you make during the summer of '94?  Over $1,000.  Why did you stop working for him?  The job was over.  And you said your father & sister loaned you money.  How much.  $500 a month from father.  Two $800 loans from sister.  And you had no other employment or income?  Workers’ comp.  By the way, I don’t know if it is clear – I didn’t slip and fall, it was an old injury that was aggravated.  What did you tell Canada to get this money?  I had no job and a broken leg.  Can you tell the jury how in October you were stopped at the US/Canadian boarder in Montana  with $5000 US cash and $8,000 Canadian cash?  You said on Tuesday you guys were broke.  Well in August Atif was broke and in October he had money.  If I made a categorical statement saying he was broke between July 1994 and December, I would have been wrong.  What was going through your mind when you had those thousands of dollars?  I didn’t have any money, AR had money.  You said you and AR were broke.  I didn’t use your term “broke.”  But he didn’t have money in August but did in October.  Did he pay you back, the money he loaned you?  No.  Why is it that you want us to believe that you didn’t share in the proceeds of the estate?  SB rambles about budgeting, false statements to the RCMP.  Says you're trying to imply I profited from the Bellevue murders.  Roger says I never implied that.  Jeff stands up, objects, that's exactly what he's trying to imply (saved SB's ass there if you ask me).   Were you going to utilize AR’s money to make the movie?  If he wanted to.  Are you saying you had no persuasive power or authority over AR regarding the movie?  I had no power or authority over AR.  I could act like a jerk occasionally, but…

10:45am – Break called.  Veronica eats an eight grain roll from Starbucks.  And finished it off with an Altoid.  Sara Jean and Veronica chat.

11:03am – SB & AR brought in.

11:09am – SB at the stand getting some coaching (I hope) from Song and Jeff.

11:11am – Roger resumes.  Starts asking him about the border crossing.  Were you driving at the time?  I don’t remember.  Roger starts asking about a Mustang SB and AR bought together.  SB says his half was paid by AR who owed him $5,000.  AR then put in $5,000.  AR then put in all the money to fix the car up.  Where did you get $5000 to loan AR?  From various places:  my job, loans from my dad.  Asking about a transcript between SB & JM asking how much everything is going to cost?  23-1/2 grand.  “How much money is there?” JM asked.  How much money is where, in the estate? Is that what JM meant?  Probably.  Your answers – 300 grand or something. Yes.  What magazines were you reading at BN when the BPD came to interview you?  I don’t remember.  You said that you had no control over AR, but when the police came to get AR, you put your arm around him to keep him from the police.  I don’t remember doing it, but if I did, I was feeling very protective of him.  I was not trying to keep him FROM the police.  When did you become skeptical about the BPD?  The evening of July 14^th.  Were you skeptical of the phone placed in your hotel room?  No.  You used a pay phone to call Jimmy M. that night, when you had a phone in your room?  I did that at the insistence of my Dad.  I called my Dad first, my girlfriend next and JM third because that is where my girlfriend was.  What tactics did you use to track the activities of the BPD while they were in Canada ?  We didn't have "tactics." If someone talked to them they would tell us, but other than that, I had not interest.  When you called JM’s house you told JM’s mother not to talk to the BPD?  No.  You are denying that?  Yes.  Tell us about Capalana College .  You can’t get a degree there, it’s a community college.  When AR had a holiday break in December of 1993, he came to your house, not to his parents’ house in Bellevue .  He spent time at my place, I don’t remember who else he stayed with.

11:45am – You and AR visited JM the Monday before the murders?  Yes.  AR was with you?  Yes.  I’m not sure if he got out of the car, though.  Do you remember meeting Shinkaruk outside the hair salon?  Yes.  Roger asking about his Tuesday testimony about the Whistler scenario.  Where he said he couldn’t go to the police.  Was that true?  Yes.  Would you agree that there were over 50 intercepts where you or AR talked to people about your movie? Probably.

Noon – Kid next to me falls asleep and falls in my lap.  Jerks awake.  Asking about their intent to do the movie.  SB says they tossed around all sorts of budgets.  From 200 to 300 thousand to just a few thousand.  Roger says the name of the script, “The Great Despisers” at any opportunity.  Asking when they were going to film this movie, July?  We were thinking about it.  You believe this movie was going to be a hit, didn’t you?  I hoped so.  You told Haslett and Shinkaruk that if you were proven innocent, your story would make you millions of dollars.  Did you believe that?  Probably not; just an exaggeration.

12:15pm – Lunch break.  Be back at 1:30pm .

12:55pm – I wait outside the courtroom for it to be unlocked.  (This is dedication, folks.)

1:00pm – Shyrell comes and unlocks the door.  I’m first in.  Sara Jean (Seattle Times) is next, then Noel (King County Journal) and Tracy (Seattle PI).  We talk about how ridiculously small the courtroom is.

1:25pm – Observation area is about half full.

1:31pm – Veronica and Marc joking with Jeff and Song about asking for separate trials at this point.  All attorneys present except James.

1:34pm – James enters, sans jacket.

1:36pm – AR & SB brought in.  Jeff and SB chatting.

1:42pm – A mother and her approximately 13-year-old son are sitting next to me.  She says, “I wonder what they had for lunch in jail today?”  Son says, “Bread & water.”

1:43pm – Judge enters.  Jeff asks for discovery from prosecution on what intercepts Roger plans to play.  Roger says all incepts were given at discovery before the trial.  Jeff says, “Oh, you mean all 4,500 hours of them?”  Court laughs, including Roger.  Roger describes a few he plans to play, and says he has 18 others queued up to impeach the testimony of SB should he lie.

1:50pm – Jury enters.  Roger resumes his cross examination of Burns.  Why would you say your claims to Shinkaruk about a movie were an exaggeration?  There was no script, no budget.  I exaggerated the progress of the production.  Did you start the process soon after meeting Shinkaruk?  We started writing late May/early June.  We turned out a rough draft the morning of July 30^th.  Did you do anything else?  We thought about shooting for a day in August.  We were asking lots of questions.  We were uninformed.  We made phone calls.  We both talked to a cinematographer and asked lots of questions.  We had a vague idea of shooting one scene in August.  Roger says let’s listen to a phone call on July 28^th. 

The phone call is between SB and some cinematographer.  SB talking to him about getting together a crew.  Says the budget of the film would be 200-300k.  Cinematographer is busy.  They will drop the script off at his office. 

Roger – Mr. Burns, that was you talking on the phone.  Correct.  That wasn’t an act put on for Shinkaruk and Haslett, was it?  Correct.  This phone call was an accurate representation of what was going on!  Somewhat.  Can you tell the jury at this time where you were going to get the 200-300k for this film?  From Atif.  Within the 1 or 2 days after that I found out there was no money available so I wanted to get a grant.  You believed Haslett & Shinkaruk were going to take care of these charges and that you’d then get the insurance money and you’d have money for your film?  Yes.  You talked about movies on the way up to Whistler?  Correct.  When you were told you’d be driving a stolen car back to Vancouver , you were surprised, right?  Correct.  When you got to the Fog & Suds, you were upset about the money you got?  That's what I told them.  Were you satisfied with the $200 you got?  When I agreed to drive the car the money didn’t occur to me, afterwards the money was beside the point.  You were upset with the lack of planning for this crime.  I told him that.

2:15pm – Roger asking SB if he had any interest in stolen cars before the Whistler scenario?  Possibly.  I had conversations like that before, I guess that was a sort of interest.  On May 6^th you asked to buy a stolen car from them?  Correct.

2:22pm – Do you remember on May 6^th telling them you were worried about losing touch with them?  Yes.  Was that true?  No.  You asked if they know anything about wire taps?  Yes.  You said that by May 6^th your friends had talked you out of having any black market connection?  Yes.  Ask which friends ?  JM & AR.  Asks how to say JM's last name.  Burns tells him.  Roger says we listened to an intercept after a phone call from Shinkaruk, where they set up a meeting date, you were singing how happy you were.  I was singing ‘Happiness is a Warm Gun’ by the Beatles after the intercept when Shinkaruk called.  Did anything change between May 6^th and June 28^th?  No.  Why work for him on June 15^th & 16^th?  He wouldn’t tell me about his threat investigation until “later.”  So I had to work for him until I got that info.  You went to Vancouver Island with JM to find out whether you were a threat to Shinkaruk and Haslett.  Yes.  After the July 18^th & 19^th scenario, you said you were glad you didn’t hang out with Shinkaruk and Haslett.  You didn’t like him much, did you?  I don’t know.  I mean, if you are like you say, this intelligent guy who has no use for those of lesser intelligence, you must have really had no use for Shinkaruk.  After the May 6^th scenario I didn’t like him anymore.

2:50pm – Break.

3:15pm – SB & AR brought back in.

3:20pm – Jury brought back in.  Roger starts by asking about JM.  As far back as 4/13/95 you were referring to you, JM and AR to Shinkaruk and Haslett?  I suppose so.  You suppose so or you were?  When was that?  April 13.  Were you speaking of AR & JM?  I suppose so.  You were talking about your collective intelligence?  Yes.  When you were talking about your IQ, you said AR was methodically efficient?  Sort of.  You told Haslett that?  Yes.  The reference you made to JM & AR, are those the same individuals you were referring to when you said your friends would never betray you?  That’s correct.  You believed that, didn’t you? We didn’t commit the crime and I never thought someone would give false evidence against me.  You trusted JM as much as AR to stick to the story.  What I meant was that Haslett did not need to kill Jimmy or, as he said, “Kill any fucking buddies that would testify in court.”  You wanted Haslett to get rid of the evidence BPD had against you?  Yes.  You wanted Haslett to think you wanted to continue to see Haslett so that he would get rid of the evidence against you?  After they didn’t like that I was dismissive of their idea, then I was for it because Shinkaruk got mad at me when I said I wasn’t interested.  Weren’t you three as close as any three friends can be?  No.  Roger goes to transcript.  SB reads “if they were girls I would probably marry them.”  Prior to the murders you talked to JM on several occasions.  Yes.  On July 11^th you drove to Vancouver , Canada and visited JM, and Atif was with you?  Atif was in the car.  Did you ask him to come down with you to Bellevue ?  I don’t remember.  What time did you visit him?  3’o’clock or so?  You or Atif talked to JM for 6 minutes before going out the night of the murders?  Yes. I don't remember if it was me or Atif.

3:45pm – The trip you made July 11, to go to your home to get a change of clothes?  Yes.  You told Haslett you needed change of clothes for the murder.  You got money out of the bank?  Yes.  You needed money because you were going to the Keg, the movie, Steve’s, Weathered Wall?  I needed money because we were staying for a week instead of just the weekend.  You told Haslett you had been in every room in the house prior to these murders.  I think so.  You took the Rafays’ car when you went to Vancouver ?  Yes.  You went through Bellingham on the way back to Bellevue .  Yes.  You told Haslett you got the bat in Bellingham , right?  Yes.  The night of the murders was the only night you two went out together?  No.  I think we went to Pagliaci’s one night.

3:50pm – You told Haslett that JM knew about your plan to kill the family before you went to Bellevue .  Correct.  You told him how it felt to kill them.  Yes.   You told them in detail how it felt.  I remember Haslett asking and I gave him a solid answer.  And your answer was that you were happier that they happened then had they not?  Yes.  How did you derive that the BPD were out to get you from Bob Thompson when you didn’t talk to him since the interview in the park a few days after the murders?  He talked to AR’s lawyer, my mother and Robin Puget.  Did you really fear that Bob was fabricating evidence against you?  Yes.  Why?  My dad and Ron Isaacs (girlfriend's Dad) said so.  You want us to believe you were just a witness, how you say your phone is bugged?  Why would you believe that?  My father was adamant that the phone in our hotel room was bugged.  Why did you believe your dad?  He said Bob Thompson said to his Dad, “Nice kid, eats a lot.”  Meaning his alibi had him eating all over the Puget Sound area.  Says his dad talked to a lawyer who said if it was my kid I do down and pick him up. 

4:15pm - Court ends for the day.