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Stacey Barker Murder Trial Day One - Openings And First Witness
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by katfish | May 3, 2011 at 10:28 pm
2442 views | 7 Recommendations | 33 comments
The murder trial for Stacey Barker, 26 got under way on Wednesday April 27, 2011 in Lancaster, CA at the Michael Antonovich Antelope Valley Courthouse, with Superior Court Judge Hayden Zackey presiding. ( Tori reports Judge Zackey seems to be a very pleasant man...and I think he's pretty easy to look at as well!)
Stacey Barker is accused of killing her 18 month old daughter, Emma Leigh Barker, on March 18, 2009. Barker was arrested on April 27, 2009 and the charges filed against her include Second Degree Murder, Assault On A Child Causing Death and Child Abuse. The complaint alleges that Barker willfully caused and permitted the child to be injured and harmed and that injury resulted in death. If convicted on either of the top charges Barker may face 25 to Life. Barker formally entered a not guilty plea to all counts on August 12, 2009.
After selecting from a jury pool of over 80 venires,12 jurors and 3 alternates were finally selected on Tuesday. Tori said the jury consists of mostly women, 7 women and 5 men with 3 women alternates. They appear to range in age from 30 to 50 and a sidenote: 1 of the women juror is pregnant. We will update you more about the jury, this first day a LOT is going on. None our friends who have been attending the pre-trial hearings were able to attend the voir dire so we're not able to tell you what type of occupations the jurors have or much about them. Tori did mention that some are dressed nicely and more than she expected came dressed super casually...jeans and t-shirts.(At this point we haven't been told yet exactly what she said to Brendon but we do know she wanted him to stop and pick up her brother Nick from their home in Quartz Hills). The 911 call came in at 10:50 pm. Nick made the call from the car on the way to the Palmdale Park n Ride.
When law enforcement arrived at the Park n Ride three minutes later, Brendon and Nick were there outside of the car. Stacey was reclined in the front seat of her car, half naked and moaning over and over, "They took my baby". The sheriff's deputy asked Brendon and Nick to cover Stacey, so they both took off their shirts and covered her. She did have bruises on her forehead and ribs so an ambulance was called and an Amber Alert was issued for Emma. Barker reported at the ER that she thought she had been raped, so at 12:19 am the SART, Sexual Assault Response Team examined her and did find bruising injuries in her vaginal area. None of her injuries were serious so Barker was released at 5:30 am on March 19.
Court started at 10:30 am without the jury present so that Deputy District Attorney S. Kelly Cromer (KC) and Deputy Public Defender Roberto F. Dager (RD) could present their arguments to the court on several outstanding motions. One of the motions argued was over Witness X and the Massiah Motion to exclude his testimony. The defense would still like to have him declared a government agent. Judge Zackey ruled recently that X can testify to any conversations he had with Stacey Barker before he contacted the sheriff's department with an offer to assist them in this case. Zackey stopped short of ruling on the entire Massiah motion at that hearing because Kelly Cromer told the court she will only use X's testimony about the independent conversations with Barker and the letters Barker wrote to X herself (24 letters over a one month period of time!). Roberto Dager wants to use Witness X's prior criminal history at trial, the extensive amount of time he has spent incarcerated and what his convictions are (A couple Robbery and a burglary) . Dager also calls X a liar and a thief.
( A side note: Witness X commented on an earlier post at katfish ponders through a third party in response to some comments made by members of the Barker family.)
A Defense Motion to Exclude was argued as well. This motion asked the court to prohibit the state from presenting the evidence found in Stacey Barker's car. We haven't seen the motion but the defense argues it was irrelevant and prejudicial. The state said the evidence should be admitted because there were morning after pills found in Stacey's glove box that show state of mind, that she didn't want kids and the pink baby blanket that Emma kept close and called her "Binky" wasn't found in the car, with Emma's body or in the Barker home. The evidence (and lack there of ) from the car is coming in.
Seated at the table for the state are the Prosecutor, Kelly Cromer and Sheriff Department Homicide Detective Sandra Nava. For those interested in the "full picture" Kelly Cromer is a woman in her early 60's, dressed in a light blue suit, Jacket and skirt. Detective Nava is about 40, she is wearing a maroon colored pant suit. At the defense table Stacey Barker(SB) is wearing a dusty violet colored pants and knit shirt, her attorney, Roberto Dager (early 40's) has on a black suit with a blue shirt. Our friends in court have described Dager as looking like Snidely Whiplash. From Tori's description of the day, it seems Mr. Dager came loaded with "Snidely's"swagger today as well.
Opening arguments were scheduled to begin at 11 am. Things didn't get started on time though, because it was between 11:30 and 12:00 before one of the alternate jurors made it to court. After giving the late juror a severe abmonation about being late and holding up the court, Judge Zackey recessed for lunch.
The State's Opening Statement
Court reconvened from lunch at 1:30 pm. Before beginning opening statements the court announced that anyone who is on the witness list for either side must leave the courtroom until after they are released from testimony by the court. The Barkers were all seated in their "normal seats" although more of the family are present than at the pre-trial hearings. Stacey Barker's parents, Gary and Sue Barker, get up and leave, as does Sue's father. Barker's other three grandparents and an aunt and a brother remain in the courtroom. Brendon Borrelli, Stacey's boyfriend at the time of Emma's death, also leaves the courtroom. Brendon normally sits with the Barker family but today is seated with his mother off to the side in front of our friends in court.
Kelly Cromer rises to begin her opening for the state. ( FYI, Tori noted that for the most part the information in the state's opening is a rehash of the testimony given at the Preliminary hearing, but there are some extra things...so hear we go...) After introducing herself to the jury, Cromer informed the jury that what she or Public Defender Dager say to them in court is not evidence and is not to be viewed as such. She also told the jury not to try and "read anything" into the questions they ask.
Cromer said that what should be considered evidence is witness testimony and the exhibits, it is up to the jury to give the weight to the evidence that they deem appropriate. Roberto Dager objected and said a witness is not evidence. Judge Zackey overruled the objection.
Kelly Cromer began talking to the jury about the state's theory of the case and what they intend to prove....The state will show this "mother", after fighting with her own mother, took her 18 month old daughter Emma and killed her.
Stacey Barker's mother, Sue, changed her work hours to the night shift, 6pm to 2:30 am, so she could take care of Emma from 5:30 am to 2:30 pm, while Stacey worked. The arrangement seemed to work out at first, but things began to change with Stacey wanting to spend her time on the party scene after she began dating Brendon Borrelli in December 2008....just 4 months before Emma died. Stacey and Brendon did know each other before that from high school.
Evidence will show that on March 17, 2011 Stacey and Brendon celebrated St. Patrick's Day drinking at Coaches late into the night. Stacey didn't arrive home until 2:30 am but she still got up and dressed as if going to work for her 5:30 am shift. Stacey actually spent the day hanging out at Brendon's and they went out for lunch. Later in the day Stacey returned home like she had worked. When Stacey got home from "work" on March 18 she was late again, so her mother was mad. Her mother had an appointment and wanted to get some rest before leaving, something Stacey knew, but was late anyway. Thus the argument ensued. Sue Barker told Stacey to make other childcare arrangements and threatened to throw Stacey out of the house. Sue was feeding Emma a "Lunchable" when Stacey got home, so Stacey finished feeding Emma and said she was going to see Anthony for some money. Sue left for her appointment. Stacey then went to her brother Nick's room and told him she was taking Emma to the park. He was the last person besides SB to see Emma alive.
Cromer said phone records will show Stacey was sending text messages to Brendon at work from the time she left home all the way to Sylmar. Cellphone pings show that while she was texting Brandon that she was at the Lancaster City Park with Emma Barker's phone was pinging in LA. Later records show that Stacey called Brendon from the Park n Ride in Palmdale and said she needed him
At 8am Barker came to the sheriff's department for her first formal interview with detectives. Police records show the interview lasted one-hour forty-seven minutes and 7 seconds. By this time, LE were already noticing some inconsistent statements from SB and had gathered her phone records. From the start of the interview they confronted SB with phone records and said they have other evidence that doesn't line up with her story of being attacked. After being confronted, Barker admitted she hadn't been attacked, she said Emma was chewing on the baggy and choked. SB said she made up the story and hid Emma's body because she was afraid people would think she was a bad mommy. At that point, Detective Nava begged Barker to tell detective Marsh (March?) where she hid Emma's body. Emma's body was found at 9:30 am after Stacey finally told LE where she had hid her daughter off the highway in Sylmar.
At this point Kelly Cromer (KC) began showing some photographs on an overhead projector. The first picture was of a grassy field...the prosecutor pointed out if you look closely you can see Emma's raised leg. The next picture was closer and you could see that both of Emma's legs were raised and bent at the knees. The third picture was even closer and you could clearly see that Emma, dressed in blue shorts and a pink shirt, was in the position as if sitting in a baby car seat with her legs bent and her arms raised in front as if they were resting on the cushioned restraint bar. Cromer said Emma's body wasn't propped like that....that is rigor mortise. (Tori noted the next picture was harsh.) The fourth picture was a close-up of Emma's dirty face with blood in her nose. Cromer said this suggests that SB did something to Emma before she died and told the jury that Emma had triple the normal dose of Benedryl in her system at autopsy as well. The last picture shown to the jury was a shot from the roadway, KC pointed out that where SB left Emma, she couldn't be seen by anyone driving by, adding that Emma was left to be eaten by animals. (UGH!)
(Tori reported that Stacey Barker looked directly at these pictures of Emma with no emotion. Barker's family that were still in the courtroom didn't show any visible emotion either. Were they coached not to show their emotions? It's possible. Back to the rest of the state's opening.....)
My notes show here that Brendon Borrelli told detectives that he didn't want a family, he couldn't afford a family financially and isn't ready emotionally. He said he only met Stacey's parents one time, after Stacey was let out on March 19.
At her next interview with homicide detectives, on March 20, Barker stuck with the first account that she had told the day before, that Emma died accidentally by choking on a baggy that the baby got out of her purse. It seemed that Barker began changing her story to 'fit' what LE was telling her. Another account was that she was playing peek-a-boo with Emma with a plastic baggy. Detective Sandra Nava asked SB, "Why a plastic bag?" SB replied, "Well, it wasn't tight." When told that pink blanket fibers were found in Emma's airway (was this an interrogation tactic or a real finding?), SB changed her story again to say she was playing peek-a-boo with Emma using the baggie and the blanket. SB said she didn't hold that long, she was just entertaining Emma, adding, "I guess that wasn't the best option". After not hearing anything from Emma for two minutes, SB told detectives she looked back and saw the blanket over Emma's face, she knew Emma was dead and panicking took the next exit. Stacey claimed she put her hands over Emma's heart and face for signs of life, but there were none.
Dr. Ribe (Deputy Medical Examiner who conducted the autopsy on Emma) concluded that Emma was asphyxiated but said it took force to cause the nose bleed. Benedryl is often used as a sleeping aid.Was no baggy or pink blanket found in the car or with Emma when she was found.
Cromer moves on to wrap up her opening statement, that lasted over a half hour. She told the jury they will hear testimony from an inmate referred to in court as Witness X, a 3 strike felon who is covered in tattoos. When X first befriended Stacey Barker he thought she was innocent so he tried to help her. He told her not talk to anyone about her case or put anything in writing. Despite the advice from X, SB started writing him letters, she obsessed about tattoos and her plans to get some too. Her letters became sexually explicit and she was even trying out X's last name. In the 24 letters that SB wrote to X over the course of 1 month, Barker admitted Emma was dead before leaving Palmdale. DDA Cromer ended her opening statement by saying that Stacey Barker asked X to help her come up with a plausible story, adding she has been practicing in her cell for court, but needs help to make the story fit.
The Defense Opening Statement
Roberto Dager began his 20 minute opening statement by telling the jury that after Emma died, his client Stacey Barker did some stupid things, but she had no reason to kill Emma. Emma was basically a miracle baby because Stacey had been told she may not be able to bear children.
Dager actually dares the jury to find someone who will say Stacey Barker was a bad mother. Kelly Cromer rose and said, "objection!" Before she could even get the basis for her objection out, Mr. Dager says, "withdrawn."
Stacey was dating others besides Brendon, she had dated Mark before Brendon even came along and at the same time she was seeing Brendon she was having a sexual relation ship with Sheriff's Deputy Villa Lobo.
Dager continued, Stacey did make up a cockamamie story, but he has a real problem with detectives Nava, McCarthy and Marsh. They are trying to make the story that Brendon Borelli and Nick Barker helped kill Emma and conspired to cover it up.
Dager told the jury when they see Witness X take the stand, they will see a manipulating snitch who is a liar and a thief. Kelly Cromer says objection and asks for a sidebar. When they return from the sidebar Dager moves on.
Roberto Dager wrapped up his opening statement by telling the jury they will see that Emma was always well dressed, Stacey supplied what her baby needed and cared for her baby...her love. She had no motive to kill her, she just used bad judgement.....
(Dager didn't say what type of abuse Sue allegedly suffered. Tori said she looked at Sue's family when he said this and saw no response.)
First Witness - Sue Barker
Stacey Barker's mother, Sue Barker, was the first witness to be called in the state's case in chief. I plan to write this in a question and answer format. Sometimes it seems as though the questions are all over the place. Kelly Cromer told the jury not to try to read anything into the questions she and Dager ask or how they are asked so I'll take her word for it. :)
I'll use abbreviations as follows for the defendant and those speaking in court today....
"JZ" for Judge Hayden Zackey
"KC" for Deputy District Attorney Kelly Cromer
"RD" for Deputy Public Defender Roberto Dager
"Sue" for Sue Barker
"SB" for Stacey Barker
KC - You were served a subpoena to appear today. Do you want to be here? Sue - No, I don't want to be here.
KC - Would you identify Stacey Barker if you see her in the courtroom? Sue - Points at Stacey at the defense table.
KC - Would you tell the court your kids names and birth dates? Sue - Matt, Stacey 01/02/1985, and Nick (I listed in birth order but didn't note birth date for the boys.
KC - How long has Stacey been living with you? Sue - Stacey got her own apartment when she turned 18, but she moved back home as soon as she became pregnant with Emma. She lived back at home for 27 months. She continued working while pregnant but took a month off work before delivering Emma by C-section and then 3 months after Emma was born.
KC - Who cared for Emma when Stacey went back to work? Sue - When Stacey went back to Bank Of America (BOA) she went on the 5:30 am to 2:30 pm shift and I went to the 6 pm to 2:30 am shift so that I could watch Emma while she worked. She paid me $100 a week for babysitting.
KC - Who took care of Emma the most? Sue - I did, but everyone had their own room. Emma slept in with Stacey until she went back to work and then we converted an office into Emma's room. We gave her a crib for a gift. Emma was a normal baby but she had delayed speech.
KC - Why delayed speech? RD - objected, speculation. JZ - Overruled, she can answer if she knows.
Sue - Yes, because she was spoiled.
KC - How was Emma treated? Sue - Like a princess.
KC - How was Stacey treated? Sue - Like a princess. She was always a Daddy's girl.
KC - Who did Stacey start dating New Years Eve? Mike from work? Sue - I can't remember the other guy's name
.
KC - Was Stacey often focused on new relationships? Sue - Yes, sometimes, but Emma came first.
KC - Did she ever date a Hispanic guy, dye her hair black, tan and shave her eyebrows and then draw them on with liner? Sue - Yeah...she lived with that guy.
KC - Did Stacey try and take on whatever persona or role she thought a guy wanted her to be? Sue - Yes.
KC - Was she treated bad by men? Sue - Yes.
KC - Did she approach her relationships with such intensity that she drove them away? Sue - I can't remember.
KC - Since Mr. Dager brought it up, are you an alcoholic? Sue - Yes.
KC - Have you drank today? Sue - It's been 12 days since I drank alcohol. I drank before Emma died, but after she died I drank everyday.
KC - Do you have depression? Sue - Yes. KC -Does the depression or medications cloud your memory? Sue - No.
KC - Who did you sit with at Emma's funeral? Sue - I sat with Nick, Stacey and my sister at the viewing. I sat with my son and my sister at the funeral.
KC - Why didn't you sit with Stacey? Sue - I don't know.
KC - Was there anything that you did after the funeral that you didn't do before? Sue - No.
KC - Did you lock your bedroom door? I can refresh your memory with a transcript from your police interview, Who were you afraid of ? Sue - Stacey
KC - Not trust her? Sue - Yes. KC - Did you think she was capable of murder? RD - Objection! JZ - Over ruled. Sue - No.
RD - Objection! Opinion! JZ - In 2009, did you think she was capable of murder and now you don't? Sue - No response given
KC - On 3/19/2009, did you think Stacey killed Emma? Didn't you tell Detective Nava if the things you were saying about Stacey got back to your husband, Gary, that you would lose him? (Showed transcript)
Sue - Yes.
KC - When Stacey told you what happened to Emma on 3/20 what did she say? Sue - An accident with a baggy playing peek a boo and the blanket got caught on the car seat. She was worried people would think she was a bad mother. Brendon came and stayed that night. She wasn't crying when telling the story but after she was confronted, she cried. RD - Ask to strike as hearsay! Was last question and answer striken?
KC - Did Detective Nava ask you did Stacey do this? Sue - Yes, I did tell Nava that
KC - Do you believe she is capable of killing Emma? Sue - Yes
KC - Was Stacey going to Long beach to see Anthony on the 18th of March? Sue - No. KC -Going for money? Sue - No, she was due to get several thousand dollars back in income tax, she didn't need money.
KC - Did Stacey express any regrets? Sue - I asked her if she tried to save Emma and she said no.
KC - Did Emma have an incident with an allergic reaction to peanut butter and jelly sandwich? Blotchy itchy lips? Sue - Yes, Stacey took Emma to the emergency room right away.
KC - Did you and Stacey have fights before March 18 about caring for Emma and threaten to kick her out of the house? Sue - No
KC - Did you ever argue with Stacey about you coming home from work and needing to find someone to watch Emma? Sue - I can't remember.
KC - Did Brendon back track to your house on March 18 to pick up Nick? Sue - Yes, I didn't know then.
KC - Did Stacey get a new cell phone after law enforcement took her phone? Sue - When the box came I thought it was some DVD and toys that I had ordered for Emma but didn't come until after...
KC - Who bought things for Emma? Sue - I bought most of her toys and Stacey bought her clothes. Emma had a stuffed animal she called "Bear Bear" and a blanket she called "Binky" that she like to take with her in the car and she always she slept with.
KC - What happened to Binky? Sue - I don't know. KC - Did you put Bear Bear in Emma's casket? Sue - Yes, when I asked Stacey where Binky was she said she didn't know. KC - To put in the casket too? Sue - Yes
KC - On March 18, 2009 you argued with Stacey about coming straight home from work, was this the first time? Sue - Coming home on time? KC - Only time? Sue - Only that day. I had an appointment at 3:30 that was only 5 minutes away so I wanted to take a nap before.
(Tori notes here that Sue seems flustered with these questions, possibly because she didn't want to say they argued because Stacey hadn't got home the night before until 2:30 am. When asked in the preliminary she said she wouldn't know what time Stacey got home because she was at work. Remember, Sue told Detective Nava that she was afraid of losing her husband if she said anything against Stacey. Court breaks here for 15 minutes. back at 3:15. When court reconvened Stacey Barker's brother, Matt, came into the courtroom....after the break, Tori noted many of Sue's answers to any "hard" questions was "I don't recall.")
KC - Was Stacey neat or a slob? Who cleaned Emma's room? Sue - We both straightened Emma's room but the maid cleaned.
KC - Was Stacey a good student? Sue - She got some A's and B's mostly C's.
KC - What did Stacey tell you about the baggy in her purse ? Sue - I saw the baggy. She had Girl Scout cookies in it, Thin mints. KC - What kind of a baggy was it? A real ziplock baggy or another type?
Sue - real
KC - Did Stacey keep a neat purse? Sue - Yes. KC - She wasn't like me...bag stuffed with every receipt? Sue - No. KC - Did you ever see Emma play with Stacey's purse? Sue - Yes. KC - Did you lie to Detective Nava about that? Sue - I was in shock. KC - Is your memory better now than then? Sue - People remember important things.
KC - When is dinner time for Emma? Sue - I don't know I went to work at 5:30.
KC - How coordinated was Emma? RD- Objection, calls for speculation! JZ- It's first hand information. (The question wasn't answered although it sounds as though JZ permitted it. KC moved on.)
KC - Did anyone give Emma Benedryl ? Sue - No KC - Was Emma teething? Sue - No, but we used Tylenol and a teething ring when she was.
KC - asked some questions about the Lunchable that Emma had for dinner that night, where it was bought and what was in it. RD- objected, relevance ? JZ must have over ruled the objection .Sue- answered it was bought at Stater Brother's Market. I didn't get Sue's answer about the contents of the lunchable. Court recessed for the day. Sue Barker will be back on the stand tomorrow, Thursday April 28.
It was a long day in court for everyone. Thanks to Tori for taking such in depth notes...it was much more than I expected. Kudos to Tiff, ANurse, Ange and Gabe for helping to fill in some blanks as well.
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katfish
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nnhansuat 23:42 on May 3rd, 2011
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Katriortonat 02:02 on May 4th, 2011
Not all areas are taken at high resolution. In areas where the pictures are still low resolution, you will not really be able to make out houses.
Ultraslim
at 06:53 on May 4th, 2011
Girls,
Someone found this for me and it sends chill through me...MAX knew toooo much back then before we did....things we are finding out this week that HE already knew that we didn't! Max was never at PISH that is a different Max...Max the Cat! this one is Max Shines...anyone got any Ideas of who it is??
at 10:56 on May 6th, 2011
Anyone reading this....BB lied on the stand.....HE SAID HE HAD 1 1/2 BEERS AND SB HAD 1/2 BEER THAT NIGHT. THEN THEY DROVE TO 60TH W. AND LOOKED AT THE VALLEY LIGHTS...BULL--IT! THEY WERE DRUNK AND WENT THERE FOR SOME OTHER REASON, HE DID NOT WANT TO SAY HE OR SHE WAS DRIVING DRUNK....
HER CELL PHONE TEXT MESSAGE RESPONDING TO A QUESTION HER FRIEND HAD TEXTED HER SAID "LOL, EXAUSTED, HUNGOVER CALLED IN TODAY"
ARE WE EXPECTED TO BELIEVE SHE GETS HANGOVERS AFTER 1/2 A BEER? BB DID NOT SAY THEY WENT BACK TO HIS PLACE AND DRANK, BUT THEY WENT TO HIS ROOM TO LAY DOWN....I WONDER HOW MANY OTHER LIES ARE GOING TO COME OUT.....I HOPE SHE IS MADE TO GET ON THE STAND BY DAGER!
at 14:31 on May 6th, 2011
Are we surprised? No... It's called CYA - In a major way!
The next and obvious question is will he be made to answer for it?
I gave BB the benefit of the doubt right up until hearing he drove into the PnR with SB, left her there - dazed and alone (RIGHT!), while he went to pick up Nick. This makes no sense.
Further hinky behavior was how he suddenly disappeared from the hearings after 4/1 - the day the PnR info became public and his snippy comments to Judge Z (not to mention to Ms Cromer while on the stand).
Putting her on the stand will be a waste - she lies too.
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stupidass (not verified)at 22:15 on May 25th, 2011
BB was not allowed back into the Court Room because it was made known to him that he was going to be called again at a later date. He was not allowed by the judges orders to BE IN THE COURT ROOM. Disapeared he was ordered not to step into the court room by the JUDGE!
at 00:16 on May 28th, 2011
StupidAss.
WE already knew this....I think I was the one to say that he was SUBJECT TO RECALL
that is why he could not come back in...
But cool thanks for your thoughts.
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stupidass (not verified)at 22:20 on May 25th, 2011
seriously do you people really not get it here is some of the transcript obviously you didnt really remember what was said this girl was sleeping with everyone well does that make you believe she was???? a lot of what the attourney said is not proven fact its speculation.Dager actually dares the jury to find someone who will say Stacey Barker was a bad mother. Kelly Cromer rose and said, "objection!" Before she could even get the basis for her objection out, Mr. Dager says, "withdrawn." Stacey was dating others besides Brendon, she had dated Mark before Brendon even came along and at the same time she was seeing Brendon she was having a sexual relation ship with Sheriff's Deputy Villa Lobo. Dager continued, Stacey did make up a cockamamie story, but he has a real problem with detectives Nava, McCarthy and Marsh. They are trying to make the story that Brendon Borelli and Nick Barker helped kill Emma and conspired to cover it up. Dager told the jury when they see Witness X take the stand, they will see a manipulating snitch who is a liar and a thief. Kelly Cromer says objection and asks for a sidebar. When they return from the sidebar Dager moves on.
at 00:12 on May 29th, 2011
StupidAss,
Yes, KC proved that she was sleeping with all the guys she went out with, Deputy Villalobo got on the stand and said that he slept with her after knowing her 2 months, she was just a "Sexual relationship" and nothing else and she did it right under BB'S nose while she was having Sex with BB also and they both hid it from him....Not a good thing to do!
BB said on the stand that he started having Sex with her in January 2009, that is not even a month after they first kissed on New Years Eve...
Mark? I thought they said Mike from work, oh well. you know if she is going to have Sex with guys she has met within the first 1 or 2 months, that would make me think she is promiscuous and had sex with all the men in her life..most of them it was unprotected sex also because she said she was on birth control pills, but on the stand she said "just because I have them doesn't mean I take them" remember? so, she lied to the guys she was having sex with too.
I guess in one Interview with Det. Nava BB said that SB was more into him then he was in her. that was said at the prelim back in 2009.
RD knew he could not DARE the Jury to do anything that is why he withdrew the Statement.
I don't think BB had anything to do with Emma's Murder, but if he did try to help her after the fact and cover it up, he did something Illegal for her, and for what, she clearly could not be trusted to even stop or not start having sexual relations with other guys while she was with BB.
I think he got caught up in something, he thought he was helping her but in reality he was hurting himself if some kind of charges come out of this.
Yeah, her Attorney dared people to find someone to say she was a bad Mother, no one said she was a bad Mother, she just didn't care about Emma any longer, she may have been a great Mother in the first year of Emma's life but something changed.....you also have to remember he put NO one but her family and MV on the stand, not even Emma's God Mother and SB'S best friend, AB, so I guess he couldn't find anyone else to say she was a good Mother...that is really not even a question here Bad Mother, Good Mother, she still took her little girls life...
RD and KC had to have a sidebar about KC'S Objection to RD talking about X because it was a 402 motion about his past that Judge Zacky ruled on as not admissible long ago and Dager was trying to bring out things about X that could have gotten him hurt. Dager was overstepping the boundaries of what he could say about X to the Jury...that is why he had to move on and not say anything else about X in his Opening statement.
KC objected about the 6 pack line up because they are still Investigating, Judge Z said Dager could not say anything about the 6 packs due to an ongoing investigation, not into the Murder but maybe Accessory or Accessory after the fact. KC did say that Nick was not under Investigation because it was not him the Security lady saw pull into the park n ride that night in the Car with SB.
I hope BB is a better Judge of character with his next girlfriend...he was not the only guy she duped in her life...
at 09:59 on May 29th, 2011
sa - SB's sexual promiscuity really has nothing to do with Emma's death, while I believe the State proved their point, SB could have been bedding the whole western fleet - I don't care. What I do care about is a helpless 18 month old baby who was brutally murdered by the person she loved the most in this world.
Witness X may well be a snitch, that is not a crime! A liar and a thief is not a murderer! X himself said he originally believed SB was wrongly accused - she changed his mind with her ever evolving story that she asked him to help concoct!
So Dager doesn't like the cops who recorded her statements! Big surprise!
If I recall, Nick Barker has been cleared of any involvement in Emma's murder - he also had an alibi! If I also recall DDA Kelly Cromer said SB is the only one accused of murdering little Emma - so where does Brendon Borelli fit into this mess? Apparently he lied on the stand when he said he got a phone call that led him to pick up Nick Barker and "find" SB at the Ave S PnR. A witness places him driving SB's car there before any 911 call is made. He left her there, went to the Barker's with a cockamamie story that someone made up and returned with Nick Barker - then lied about how he happened to be there. Not looking good for Brendon Borelli - if he was not involved in anything to do with this crime, why did he lie?
The trial of Casey Anthony began this week - she is accused of murdering 34 month old Caylee Marie, wrapping THREE pieces of duct tape across her little face and hiding her body before starting a 31 day party spree. 8 witnesses took the stand and said she was a good mother! I disagree. Good mothers do not hide their baby's body following an accidental death! Good mothers don't fail to obtain medical help, attempt to resuscitate or call 911 following an accidental death! Good mothers don't concoct cockamamie stories following the death of their baby! GOOD MOTHERS DON'T MURDER THEIR BABY!
SB has been proved to be a BAD MOTHER! A MURDERER! A CHILD ABUSER! If Brendon Borelli is involved in the coverup of Emma's death he committed a crime and his days on the party circuit are numbered! Accessory or Accessary after the fact - both will lead to a prison sentence.
at 07:05 on May 4th, 2011
Challange Questions (not verified)
at 00:34 on May 4th, 2011
Is this what you're looking for? Copied and pasted from Now PublicMax Shines (not verified) at 18:19 on May 18th, 2009
Good Evening Folks, Okay with the real Syn stand up......... A person has to know who their talking to from time to time otherwise, I end up downtown pushin a basket and having conversations with self on a more constant basis. (max... attempting to keep a straight face)
LC..... not to worry, but I think your 'puter is in serious need of counseling! (grin)
Okay kiddies..... lets assume the DA has the proof to back the charges. State options weather to plea bargin or take case to trial, why, if I can plea bargin the case to say, 25 to life w/wo parole without jury trial it just cuts a long lenghthy trial of which the outcome may be unknown (ref point: OJ, Officers in King beating). Funny thing, not one of us can figure the outcome of a trial. I honestly believe that the DA would only use SP for leverage or because she knows she can explain and prove exactly what happened to Emma that night, also, because she was a child who could not fend for herself in accordance w/ age.
Everybody seems to be on the same page when it comes to actions: The actions do not match what happened. I know no-one reacts to the same situation the same way but when I think about it, it still makes no sense.
You say your childs death was an accident, okay, so why all the mellowdrama? You were scared of how bad you would look, oh in that case, you had Emma just to look good... (max is now concerned on a number of levels). I dont give a sh*&^& what the hell just took place, if there was an inkling of an opportunity to save my child from harms way or death...... I'd of sacrificed life and limb (been there, done that). If my child had lost breath, lips blue... the whole nine, how could you fail to call 911 drive directly to a hospital and hope there was a chance for revival or at least called your parents and have them take the child to a hospital to see if anything could be done? Or dropped the child at the front door. If you want me to go with the irresponsible acts of a 24yr old, not buying it.
You drove around with a lifeless childs body in your car..... for how many hours??? Exactly how much time did you have to think about it, how much time did you have to think before you drove to the Roxford Exit of the 5 freeway, turn left, go up a hill, find a fenced field and dump, not place but dump the body of an 18 month old child. (DA will drive this point home every chance he/she gets)
I hear another story of her choking on a plastic bag.... how big is the damn bag? Doesn't this bag have to be over Emma's entire face to stop her from breathing, I mean a sandwich baggy.... you need to sell me on that one.
Im not sure but I think SB drove more than 100 miles that night, well get that info later on at trial.
Now ladies and Gents, here is your challenge: Here are the questions: * Timeline…… what time did this actually take place, what time is the official time of death as prescribed by the corners office.
* If the official time of death was appx 4p(guess), what happened in those 5 hours.
* What do her cell phone records say, what towers did she pass in those 5 hours?
* Has anyone here seen Lancaster Park at 5p.... you can see the whole thing from the 14 freeway and there is only one way in and out of the childrens section (swings/slides). Someone had to have seen her there. What about park and ride, you can see that from the freeway and from Ave S, again no one saw anything?
* What did she say during the first, second and probably third interviews w/ the sheriffs investigators?
* Suffocation is the cause but in what way…is it a plastic bag or at the hands of another? * If the corner cannot prove what happend, would the charges stand or woul the DA impose the lesser of the charges?
* Why the drive from Lancaster to the Valley (perhaps Long Beach) the back to Palmdale?
* What would be the reason for dumping a child (someone your supposed to love) by the roadside? (note) That is not an easy place to find.
* The emotional reasoning of the SB around and at the time of emma’s death.
* Does anyone think any of the following: A. Spur of the moment, did she loose it and something happened, B. Could she have been jealous of the attention Emma was getting in the family and became outraged. C. was she angry because she wanted to continue with a life style the did not include children or strengthen her relationship with her man. Or did she simply decide she did not want to be burdened with child anymore?
* What will be Prosecutors opening argument?
* What evidence will be produced by Plaintiff?
* What evidence will be produced by Defendant? Media: The media is coming..... believe me, they are coming, the timing is not appropriate as of yet.
All I can say is WOW.. I don't know if our thoughts on his questions are on this thread that Challenge found, but notice the date on these questions are less then 2 months after Emma's death.....
at 09:05 on May 4th, 2011
Wow! @ Max, sure would be nice if you could come see us again, even if you don't identify yourself. :)
Challenge, thank you for taking the time to look up these questions! very much appreciated!
Tori, hope you have a good day in court today :) I'm working on getting day 2 up sometime today.
I don't know why the pictures I uploaded aren't showing up on the story page....the 1st picture shows on my channel, so I know they uploaded. Hmmmm
at 23:21 on May 4th, 2011
Hey ladies! Well, I just read this whole post, and after doing so, I have decided that I need to step away from all of this for awhile. Unfortunately, it's affecting my ability to focus in school and things like that, and I have midterms coming up next week. And please don't get me wrong, these stories are so well told. I think it's just getting to me a little too much right now.
It's so unfair, and wrong, and I just don't understand.
Tori, LCM, and Kat, I hope that I have made it clear to you all how much I appreciate everything that you have all done involving this case. But, I now have a new-found respect for all that you do. It takes a very strong person to be able to sit through all of this, write about it, and read about it, and right now, I don't think I can do that.
I don't know how her family stayed emotionless through seeing those pictures of Emma, even if they were asked to. I started sobbing just reading about it. And I can honestly say, that I have never been more disgusted with SB than I am at this very moment. I hope that little face haunts her every time she closes her eyes.
Feel free to pm me if you would like. I will at least come on and check that, and I'll be back on soon, hopefully, to read the rest of this. ((Big hugs to all of you!!!))
at 04:55 on May 5th, 2011
AX7 Big hugs to you - you need to do what you need to do, to take care of your boys and finish school. (((HUGS))) SB will be locked away and forgotten and you will be a fantastic nurse - don't let SB get in the way of that. Besides you know where to find us.
Good luck on those midterms and give your babies a big hug -
You're right - it is wrong and it is unfair. If SB wanted to take off and live her life doing whatever - something tells me Emma would have done just fine without her, instead SB destroyed Emma and several families - she is a heartless, cold beotch. Forget her and remember our little Angel running and playing in Heaven.
at 01:13 on May 28th, 2011
Mommy,
Like LC said You do what you need to do for you and your family, they come first. you know where you can ge ahold of us if you ever need to. Good luck on your Mid terms and take care of ther boys....we still hold you in our hearts as "one of us" and that won't change because you have other things to do, we all have Families and lives we understand. Big Hugs to you girl!
Girls,
I am just going to run down day 4 and 5, BB has been questioned, mostly the same thing over and over again...
Ok, we get it! HE did not want to get close to EB because he did not know how far it was going to go with SB....He was a party dude and he told her that, he said "This is who I am and this is what I do, there are some parts of my life I can't change and won't change for you"
They go back over St.Pat's day, what did you and SB do? we went to Coach's KC, where you drank? yes, I had 1 1/2 beer and SB had 1/2 a beer, they left at 10:30(day one) today he said that they left at 12: 30 from Coach's...what did you then? went to 60th W and looked at the lights then went back to my house, what did you do then? we went to my room and laid down to sleep.
We have already heard this so many times it is getting boring, he takes her to her home at 4AM she dresses for work, she left and went back to BB'S house, they spend the day together, go to lunch, discuss things about EB, Finances and about how she did on the Sheriff's test she had taken in the prior week....
This had just come out that she had studied and taken the the test to become a LASD Deputy.
Do you think that because Mike/Mario (the LASD Deputy) and her were having "Hook ups" while she was seeing BB? MV did pay attention to EB at gatherings at the Barker home, at the Baseball field, although he did not want a relationship with SB just sex, maybe SB thought if she was a Sheriff too MV would want to start a Dating relationship instead of a "Booty Call" and she would let BB go for MV. (these are MY thoughts only)
BB said that he has had "hook up's" since SB went to Jail but did not start any new relationships....he has seen her in Jail, talked to her on the phone and I think (this is me talking here) I get confused because one time BB say's they are casual, then he calls her his girlfriend then it is back to it was not a big thing yet....well SB did not look to happy about that, that he had hook ups....JZ asks what is a hook up? BB said, kissing and having sex..so you have not started any new relationships? BB no! how long a period between your last girlfriend and SB? BB: I would say about 2 to 3 years. KC why so long? I didn't find anyone that I liked until SB.
RD asks him if he had said that he Texted her 50 to 75 times a day? he said he did so RD tells him IT WAS YOU that was obsessed with SB not her with you Right? he said no, it was a new relationship, I liked her and I don't like to TALK on the phone so I texted.
Next on the stand is the SART forensic Nurse...OMG they show pictures (on giant overhead viewer) about 3 views of SB'S Vagina Inside, pulled open to show the scratches on labia minora, she had 3 scratches, they show 1 of the outter lips with a scratch on it. then they show a picture of her Anus nothing on the outside, then it is a picture of it pulled apart and with some blue dye on the scratches to make them show up better...she does have a couple inside her Anus. the rest of the pictures are of her well manicured hands and feet, some of her ribs (no brusing).. I will let Kat tell what went on from here in her update... but I just want to say that SB must have wanted to DIE of shame with her Grandparents and everyone in the room seeing her Private parts in magna vision!
Next Witness was a forensic cell phone Det., Nick Cannis..he said he got the Emergency cell phone records to track where she had been and so forth, he went through a list of times and calls and what cell tower they pinged off of. she was past Palmdale at 4:18pm that day, she continued down the 14 pinging out the path to somewhere near LAX.
During this drive she gets a text from someone and SB answers the text with...."LOL, Exhausted and hung over, had fun, called in sick today"...
I want to know how someone gets a hang over after 1/2 a beer????? BB did not say they went back to his place and drank....he said they laid down to go to sleep! someone has been caught in a LIE.....
Also there are no pings for almost 4 hours while she was near LAX at 5:22pm, the next ping is at 9:09pm and she is still near LAX.. where did she go, what did she do for the time of no pings on her phone?
She speeds back here to the PNR and makes up the story.....
I will be back later to fill you in on more gotta go now...T
at 09:10 on May 5th, 2011
LMAO about seeing her Private parts in magna vision!!!
It made me cry about the pictures of little Emma, how she was found.... I think I might have been sick had I seen them in person. And I agree that I hope that little face haunts SB. How could she sit there emotionless!!!!!! It makes me SO angry. I just dont understand how you could suffocate your own baby and then drive around for hours then decide to dump her in the weeds! I know this is all been said before, I just cant possibly wrap my head around it...... I cry for all these poor innocent babies that are brougth into the world by these self centered evil monsters WHO DONT DESERVE THEM, then abused, murdered and thrown away! Her mom said she wouldnt put it past SB to hurt Emma, right? Well what I dont get is why then did she not step up and take Emma? Or is it because she was afraid of SB? I think she would have been just fine with Gma and Gpa and her uncle(s).
Anyway~ keep up the good work, thanks again for updating us!
at 12:15 on May 5th, 2011
She's pizzed at BB for having hook-ups over the last 25 months - yet she had multiple "hook-ups" during the 2.5 months they dated!! Too bad they didn't get more from him, it may have made her mad enough to TALK about her baby's death - not that she really cares about him or anyone other than herself. After all he owes her one!!
Kab - that's vagna vision! Blech - I feel like I know way more about her than I ever wanted to!
I think Sue's remarks were hindsight - it's hard to think about our kids not being good, decent people, but almost impossible to think of them doing something as heinous as hurting or murdering their own child. I think Sue thought she was doing her best for Emma - after all SB was only taking care of her for a couple hours a day...
at 12:20 on May 5th, 2011
Stacey's Myspace page from a friend named "CAsSandra":"Feb 20 2009 10:18 AM
LOL sounds like Marlie haha. They must get it from their Mama's =) Wow sheriff huh? That is awesome. Its a tough career but worth it. Nothing really new with me. My b/f and I have our own place and just takin it day by day. I dont work, I went through college and graduated blah blah but I got prego my last 3 months...so I couldnt just hop up and start working. Now Danny makes enough to where I dont have to. So I just do the whole housewife Mommy thing.
Where do you live at? I would love to get together sometime!!"
"CAsSandra" was one of the first to "un-friend" SB....
at 13:11 on May 5th, 2011
Thought... could Emma have been dead BEFORE SB put her in the car and drove off??? Did coroner give esstimated time of death?
at 15:09 on May 5th, 2011
Kab - at this point there are some people who think so... there's a very tight time line for SB arriving home late after spending the day with BB - fighting with her mom (prior to Sue B leaving for her appointment) and SB telling Nick she was taking Emma to the park - plus she gave Emma a triple dose of antihistamine in there somewhere.
Personally I'm still up in the air on where the deed took place - leaving Lancaster at 4 and no pings from 5:22 - 9:09 (assuming she didn't stop somewhere before 5:22) Tori?
SB still could have been anywhere by 5:30, pulled in somewhere - committed the murder then drove around with Emma in the car or even sitting somewhere secluded - leaving LAX area after the ping at 9:09 and dumping Emma in Sylmar I believe somewhere between 10 and 10:30.
In an average person at ordinary room temperature, rigor usually becomes apparent at 2-4 hours after death. It usually is complete at 12-18 hours after death.
Lividity generally becomes visible between 1/2 and 4 hours following death. It becomes well developed within the next 3 to 4 hours.
Babies don't always follow this timeline because they have less muscle mass but apparently Emma is in this general time frame - she was in full rigor when dumped and also had marked lividity - so a TOD from 4:00 - until as late as 6:00 still works (barely).
Sorry, I know these things are very unpleasant to read.
at 15:28 on May 5th, 2011
It just seems to make more sense to me that she did it before she left..... I think she was probably most angry and upset right after she argued with her mom..... why would she drive and drive and then do it possibly out where she would be seen? And I dont know about you, but when I'm upset I take a drive to calm down..... She took a drive trying to figure out her story so the no pings from 5:22 - 9:09 would fit in with "being abducted" and not having contact with anyone.... Interested to see if we ever will find this fact out.
at 17:06 on May 5th, 2011
I'm not against the idea it happened at home except that her brother was there - risky behavior.
The other big ??? to me is the baby Benadryl - why give your baby a triple dose - then not give it time to work? Pre-medication can cause a "soft-death", someone snowed won't put up as much of a fight - but antihistamines can cause the opposite reaction in young children - so what if Emma was wired and crying - kicking the back of the seat... According to SB's police report Emma tried her hardest to fight off the monster.
I cannot imagine driving calmly with my dead child in the back of the car - but I cannot imagine smothering my baby either - so you could be right (some of our friends think so) I'm just not committed yet...
ETA - SB has supposedly told Witness X Emma was dead when she left Lancaster - if this is true then home is most likely where Emma died IMO.
at 08:25 on May 6th, 2011
Good point with the benadryl.... it would need some time to work. My boys have the opposite reaction to it, it definitely doesnt make them sleepy!
at 15:30 on May 13th, 2011
I have wondered if SB gave that triple dose of Benadryl to Emma with the intent to knock her out so she could drive around in peace and decide what to do (after Sue threatened to kick her out and no longer care for Emma).....but her plan backfired and Emma had the opposite reaction and was screaming her little head off in the car. Of course this is speculation but we do know that Emma was present during the argument between Stacey and Sue. I believe Nick testified Emma was screaming when still at home. My personal experience has been that kids "emotions" often reflect the adults around them. Did the benadryl not do the job because Emma was already too wound up? Was SB so off the hook that she shut Emma up...once and for all?
A jury will decide....hopefully soon!
at 09:45 on May 6th, 2011
Hi LC and Kab25,
SB does tell X that EB is dead before she left Lancaster but it is told by Nick (on the stand) that when SB goes into his room and tells him she is taking Emma to the park..he said that Emma was alive and well and on SB'S hip when he last saw them both that day as they left the home.
She has told so many lies it is hard to keep up with them....we will have to wait for X to find out what she really told him.
The Cell phone pings were explaned by Nick Cannis, forensic cell Investigator for LASD(I think that is his title) the Cell tower picked her phone up near LAX at a little past 5pm and did not pick up the next ping until 9pm still near LAX...Nothing in between there..this is what has me puzzled what happened in W. LA for the 3 some odd hours she had no other tower pings on her phone? NC said that sometimes that when a person is going a HIGH rate of Speed, the closest tower will pick up that call, so if she was driving fast somewhere else during that time period maybe another Carrier's (Verizon,Metro PCS,Sprint ect) towers could have picked up her ping...then it would not show up on her phone records. when she was confronted with the phone record and had lied about where she had been, she led LE to Emma's body
Yesterday was a VERY hard day in terms of emotions for us! The Coroners investigator, Denise Bertone, is on the stand, the overhead is not working so the Jurors have to be shown 8x10 pic's (20 in all) of Emma at the dump (eeekkk, sorry ladies) site. DB walks by the Jury with the pic held up and tells them what each pic is of. she is VERY good, she seems like she is a teacher, teaching a class, she tries to be as detailed as she can be so they understand the full Investigation (not only with the pic's but with every question on the stand also) the first 5 pictures are the one's we saw at opening from KC.
The next pictures are the area, the fence, the bushes then come the Hard ones, they are close ups of Emma's face....1 or 2 is of some redness on the cheeks with LINER patterns inside the redness, one is of her mouth, Jaw stuck in full rigor, next is one of mouth open after DB had to break rigor to get it open, it shows pinkish white watery froth running down side of face. next is froth on mouth and cheek and on tongue, next is the liner marks again but closer up, another is close up of her lips and gums, they are purple and blue, this was so close the gap in Emma's front teeth could be seen...next is the photo of the blood in and around the nose and a dried drop above the lip, next is a pic of her eye pulled open to show no petecia (sp?) that is the red pin point spots in the eyes of some victims of death, next is pictures of her socks the next pictures are of her doing the external exam of Emma on her trunk (coroners car). she is showing that Emma is in a position that her arm is raised and hand is lifted, hips bent and knees raised, there are a few of these ones.
This was sooooo hard, we were sitting next to AH'S Mother and Sister, I don't know if they want their names said so I will leave it as Mom and Sister until I am told I can address them by name...we were all crying, we can see some of the Jury is also weeping, SO what does this twit SB do? she starts some silent water works!!!! REALLY, RD asks Johnny for some tissues...from where she is sitting she cannot see the pictures, DB is with her back to SB and showing the Jury the pictures, at no time can SB view the pic's (unless RD has the same pic's at the table and we don't know it) we can see every picture because we are sitting at the end of the aisle by the last Juror....this is the first time she has tried to show any emotion in the last 2 years I feel it was not real, that she just did it because some of the Jury showed sadness at the pictures and she as the Mother had to show them some emotion, if they only knew that she had not cried in court any other time in 2 friggen years would they think she was putting on a show for them? so I guess this makes the 12th time in her life that she has cried....
DB explains the Froth and how it did not come out of her mouth until after DB broke rigor in her Jaw and moved her head to the center position (her chin was resting on her shoulder), she said that the froth is lung fluid..I will not go on with this, Kat is doing the day by day right now so this will come out later.
RD tries to get her to say that SB could not have killed Emma because there is no Petecia present in her eyes, DB said children are different and that most of the time no matter how they die do not get petecia, she has seen that many times in her investigations.
RD asks her if she was told the story at the scene? she said "some" we need to know some things in order to know what to look for, but I don't think I was told the whole story. He then asks her if she listened to Det Marsh and direct her Investigation towards what HE wanted her to say? She said NO, I direct my Investigation towards what I SEE and not on what Det's want sir! RD did this case disturb you? Well, yes, anytime I have to Investigate a dead child it disturbs me sir. RD more so then an adult death? yes, In an adult case the lifestyle has contributed to their death, a child has not contributed to their own death! RD are you disturbed now? yes after I file the case and it is closed I get disturbed, but as I am doing the Investigation I form no feelings about what has happened to the child. Told you she was GOOD! there is alot more from her but that will be in the trial update later by Kat.
Next is Dr. Ribe.
He will say that he had 4 signs that she was smothered, not choking on baggie.
1) Froth (lung fluid) in mouth 2) Swelling of the Brain, this shows a slow death. 3) Blood dark, almost black unclotted and watery 4) Blood in nose and around the nose.
He said it would not take any force to smother a child as their nose is still mostly tissue and could be compressed, cutting off air supply without leaving any signs of doing this. he goes on but that will be discussed later...he has a long testimony but I will give you this...
When RD questions him, he asks why he did not say anything about the blood in the nose earlier? he said he did not see the blood that is why, RD tells him KC told you right? yes. so RD goes into "haven't you changed your COD in other cases" KC objects, Judge Z sites the SALAZAR case and tells RD that Ribe only changes the time of death not the cause in that case, this one he has not changed the cause of death either, he has only added one more sign of Suffocation. so Dager did not win this one, he has not discredited Dr. Ribe.
RD is speaking to Dr. Ribe in the hall outside the courtroom, when we get back from lunch we hear that someone has said something, it is thought that it was something mean being said to Dr. Ribe....we wait until after Dr.Ribe is dismissed and JZ said we finished early, the Jury can go with the exception of Alt #3, yes you in the blue.
The Jury leaves and JZ starts to ask her if she had tried to contact RD in the hall? she answers JZ before he is finished asking the question...I know I am sorry I was on the phone with my daughter and was thinking I had a question to ask him and before I knew it I just blurted out to him...JZ said what were you going to ask him? she said she didn't remember, yet it had just happened mins ago....sure! he pressed for the Question but she did not say, she just said she knew it was wrong and she was sorry, JZ said the jury had been admonished not to talk to witnesses, council or anyone else and she broke that rule and they will talk to her later, wait outside, as she was leaving she half turned as if to leave her notebook, RD was looking at her and she just walked away, JZ saw this and told her she needed to leave her book on the chair! she put it back....they talked after she left and Dager said it was no big deal and he would keep her, JZ said what do you think Kelly? she said I WANT HER GONE! they discussed if she was just being scatter brained or was it a real attempt to speak to RD..RD thinks it is scatter brained as she did forget to leave the notebook, Kelly still wants her gone! JZ is going to look up Jury conduct and let us know today if she stays or goes.
Witness X will be on the stand next week ya'all! yeaaaaahhhhh, can't wait! talk to you later T
at 21:54 on May 16th, 2011
In the Salazar case the petitioner Jose Salazar was found guilty, the verdict was appealed. The Supreme Court finding said: Although the Court of Appeal failed to discuss an essential element of a Brady claim-i.e., whether the district attorney's office had suppressed the allegedly exculpatory evidence-we decline to remand the matter to the Court of Appeal for reconsideration because we also find that the evidence allegedly suppressed was not “material” within the meaning of Brady.
We therefore reverse the judgment of the Court of Appeal.
The defendant was still deemed guilty in the death of 11 month old Adriana Krygoski. The perp shook the baby to death, hitting her head against a hard surface - because she pushed her spoon away, getting baby food on his new sweats.
The complete - horrific story should anyone want to read it:
http://caselaw.findlaw.com/ca-supreme-court/1151108.html
at 11:35 on May 6th, 2011
Great Summary T! I'll come back later to "really" comment....the sunshine is calling....unlike you desert dwellers...here in the Midwest when we get the opportunity for sun you have to jump on it. :)
at 11:31 on May 6th, 2011
Day two posted:
http://my.nowpublic.com/culture/stacey-barker-murder-trial-day-two#comment-581585
at 23:34 on May 10th, 2011
Hi all,
I have been in court as much as I can, but no need to report the court facts as Tori is excellent in her reporting. Just a thought on the benadryl story, I have some theories. No one knows when the benadryl was given, right? And to answer the above questions on why did SB not give it time to work? I don't think she was that smart to figure out she needed time to make it work. An allergy medication that is used as needed is given right after being exposed to an allergen or if someone is showing symptoms. You see SB is a compulsive liar, no doubt about that. So in her head at the time of or around Emma's death she is already thinking of excuses and lies. She probably gave her the benadryl to support a suppossed "peanut allergy" so then she could say she panicked and gave her a dose but not sure how much. Or like I said previously, gave it to her not realizing it had to "kick in" before she killed Emma. Or she is going to use the excuse that Emma got into the Benadryl herself.
But one thing is clear and has been consistent over time, SB still remains emotionless. I know in the past blogs I repeat this over and over again, but after what I saw today in court I am even more convinced how this will all end. The evidence speaks for itself, but the cold and calculated demeanor of SB, well let's just say she has already convicted herself.
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SS_8 (not verified)at 16:49 on May 11th, 2011
Dear Ladies, Today was the first day I was able to attend the hearings, May 11th. I noticed your small ladybug pins and knew you were the ones who have been there throughout this whole ordeal. I sure hope I wasn't offensive by coming up to you. I was nervous and don't know what court protocol is for civilians. I have a vested interest in this case as a family member of mine sat close to Stacey at work. That person remembers very clearly Stacey's behavior exactly as the prosecuters are presenting her as and as her own mother admiited in court. Stacey would do anything to keep the man in life. At times she almost seemed desperate to keep her love interests alive and intact. My close relative was also one who got to hold Baby Emma when Stacey introduced her to my relative. I remember the comment that the Baby was beautiful and it touched that person deeply to find out that Stacey actually admitted to smothering her child. I might be vague about who my relative is, but I'm sure you understand and appreciate anonymity. I just wanted to say that I wasn't at all impressed with Dagers arguments. You can see all that he's doing to make the LE and detectives look bad, when actually the opposite occurred. He's only grasping at straws right now. It's obvious from my vantage point that the jurors "know" the truth and it is just a matter of time before the truth can be served to Miss Barker in the form of a conviction to a sentence of life without the possibility of the parole. I hope for Emma's sake and the sake of what's right, that she gets what she deserves. It's also a shame to have all these poor people dragged in her muck that she put them in. Keep up the good work that you do informing us what goes on. I left work early today and had the opportunity to meet you all and see for myself that justice for Emma will soon be metted out and hope that all can somehow move forward in this. Thanks again for all you do. I mentioned that I might come back for sentencing, if I do, I will be there to celebrate what justice needs to do for Emma's sake. SS_8