Opening Statements: District Attorney Patrick Flaherty
Steve Blaylock murdered Lori, and dumped her lifeless body in the North Santiam River. First witnesses will testify as to who she was.
She was last seen alive one year ago today when she told a co-worker “boy I hope he’s not drunk when I get home”. These were her last words in the parking lot at 6:30 PM
Rick reluctantly married them. She missed dinner meeting on 10/27 and staff meeting 10/28. On 10/31 Rocky sees def at Reed pub, he said he had and argument with Woody. On 10/27 he told rocky Lori had been drinking-they had a $2 bet, she lost, and she attacked him. Told him to get out, he had a cut on his cheek. He said he was kicked out on 10/27 and slept in his truck. He lies to everyone. His stories change. Next morning he goes to work, said woody called him, asking him to come home on the 28th, the locks have been changed and she gives him a key. This story changes with all questionings. 10/28 said we had a disagreement and Lori leaves, drunk, that’s what he wants people to believe. She goes out to truck, fumbled with keys, keys fall and she walked away. She takes her purse, cell phone with her.
11/1 there’s a video of Def on Woodys cell phone and his phone. 10/28 Kelly Fletcher called her & gets a text back from woody to text not call, Video shows Def with her phone on that day. He NEVER calls the police. 11/2 Kelly has a conversation with the Def and said ‘if you don’t go, I’ll go”, & he said he would, but didn’t. Later Deidre calls, the officer does a welfare check. No one there. She’s in the river. 11/2 welfare check, still hasn’t called police. First he calls Rocky, wants her to go with him. Told the story Def changed locks 11/2 police. Def had traveled to Silverton 10/30 for his daughter’s birthday. Went with Jane Blaylock. Got def call 10/28, said he can’t make it with her, will come later. Told det. Hartley he went over on 10/30. Pulls motorcycle trailer. Son texted him at 3:30 on 10/30 that he missed the party. Def tells x-wife Betty Bernt when he arrives, “I’m gonna get kicked out for good this time” so he left trailer, guns, motorcycles. He had bough 3 shotguns. 11/2 Silverton, trailer, lies about the time he got there. Det. Tabor goes over to talk to Betty. Puts trailer under surveillance. Search warrant. Det Hartley, Def said be careful of motorcycles. Callous. Opens trailer, obvious big bloodstain. Swabs, sends to crime lab to be tested for human blood. 11/3 Det Tabor has conversation with Def. He lies about cell phone, blood, said he scraped his knuckles when working on motorcycle. Def not asking about Woody, just talking about motorcycles. Tabor lies to Def and said they did a DNA test on the blood and it is Woody’s. Def, ‘oh she cut her knee pulling weeds on 10/25 Pretty good cut and bandaged.' Now to search for Woody. 11/5 Det Tabor, Ben Gregory, had been calling Def, he doesn’t call back, they go to him, obtain search warrant. 11/9 they search house. On 11/2 Def allowed them in the house, observations brought up later in trial. 11/2 dog handler asked for pillowcase for scent. Search 11/2 and 11/6 during that time, the only time Def calls is on 11/3, to get pillowcase back. Because one story is Woody tries to smother him with that pillow. 11/9 Search – find a letter appears to be suicide letter or confession. ‘I can’t spend my life in prison’. Noted: position of guns in house (earlier) Now guns in different places and loaded on 11/9. In letter ‘To all, what I’ve done can’t be forgiven, I just snapped, I can’t explain what I’ve done” He was taken into custody. 11/12 shows Det Hartley where he dumps her body in Santiam river, & where he hid her sweater and bra. Also where he last saw her body last floating down river. In jail he writes a letter to cousin Jane Blaylock on 12/2, which was another version of what happened. He murdered her on 10/27. She attacks him in bed, drunk, his him in the nuts 2 times, she’s hitting him & he still can’t hear out of his left ear. He grabs her with one hand and strangles her till unconscious, she craps all over. She becomes conscious, growls and viciously attacks him and tried to smother him with a pillow. Photos taken on 11/2 indicate just a tiny scratch on his cheek. Pros required to prove motive, not why or how or premeditation. Just he acted with conscious objective to murder. You’ll find it necessary to know, Lori was breadwinner, had inheritance, life insurance, money in bank, owned her house. Def had been going through inheritance papers, he said later ’I want the fucking money”. Lori was contemplating leaving him. Those 2 together = motive. When evidence rests we will not be asking why or how this happened but ask you not to let the defendant get away with murder.
-end-
-Defense opening statement- Atty Jaques McKalb
Will be brief. Not much despite events after her death. Disagree with Flaherty’s characterization, evidence shows he did that, absolutely, he lies frustrated family, body was never found, mistake lying, cover up what happened. Def finally comes clean about what happened in letter to Jane, explanation, truth, evidence shows 10/27 Def woke to alarm at 6 am, Woody had day off, had good sex that am. Def went to work as usual, sunriver area, had pizza. Def gets text from Woody, going to dinner plans, he’s not interested, wanted to watch World Series. When he gets home, Woody is intoxicated and angry, not going to be a good night. She’s calling him ‘pizza boy’ on and on. Woody and def’s drinking. 9:30 pm goes to bed in spare room. 1-2 hours later, Woody comes in angry, tried to pull off his wedding ring (her grandfathers ring), He just gives it to her. Grabs a present for daughter as goes out. Def just let it go, 1 hour later she comes in and attacks him, trying to smother him, and he chokes her with one hand in defense. She passes out, craps. So she’s out, pale, he scoots to corner of bed, what to do. She’s not lifeless, jumps up growling and attacks him. She flips over from being pushed, lands on head and neck on floor, at that time she’s dead. There is no crime in telling lies, def charged with murder. No matter how many witnesses there’s no explanation to cause of murder. State has to prove Def caused death o f Woody. Not how, wrong intention. Crime-Act, accompanying mental state. Occurring with the event. A person acts with intent when wants a particular result. Third, self defense. Laws allow for self defense, State just disprove beyond reasonable doubt, explanation-how she died, saying evidence doesn’t show HOW. She was intoxicated and she attacked him. He didn’t intend to cause her death. Marriage was a tragedy, drinking was main activity, no one expresses concern over this dysfunctional marriage. ‘Should’ve been man enough to walk away’ She was dominant, owned everything, in letter – her verbal abuse ‘Pizza boy” They water-skied but mostly alcohol. Def doesn’t have to produce evidence or testify wither he does or not determine guilt or innocence, but he intentionally caused her death beyond a reasonable doubt. State has burden of proof, -moral certainty-. Also verdict must be based on facts, not speculation, conjecture. Repeat-theory of her death, wont be there. Hope conscious of tendency to fill in gaps with speculation.
