Day 2 10/27/11 (Day 1 of testimonials)
Defense brings up that a family member/witness of the state was in a store in line and behind a juror discussing the case. (about ½ hour discussion, eventually topic was dropped)
First witness, State calls Deidre Moore.
Went to Lane Community college with Woody, worked at St. Charles for 19 years as Respiratory Therapist. Describe Lori-Def objects-improper, overruled.
Deidre: outgoing kind, independent, dependable. She hadn’t changed in 20 years. Socialized together, at the lake. Alcohol was consumed, Lori liberal with consumption. She would get happier. As a co-worker, was better than the rest. Always took care of patient, RT stressful? How did Lori handle it- smoothly, did her job.. Ever frustrated? Handled things well. Ever strike, hit kick anyone? No. Know Def – not before married to Woody. Met 09/09 at Cultus, he seemed happy to be with her. She owned house, truck, boat, before married. Last saw her 10/26 at work, Tuesday 11/2 reported her missing, called her 10/28 left message. Missed dinner wed night, informational & also department meeting, was odd, she didn’t show. Concern started on 11/2. Woody was called off that day, but hadn’t heard back, called cell-no answer. Asked husband & 911 to do welfare check.. No one had talked to her since 10/26. 11/3 called 911 to report Woody not showing to work. Search organized by Rocky. Def was there to take part in search, he seemed sullen.
-Defense-
Deidre married, 3 kids 14, 10, 5. Pretty busy. Probably why hadn’t seen her much. 10-12 times over to Woody’s house. Alcohol consumption liberal self-admits alcoholic. Good worker, never intoxicated at work, demeanor would be different under influence than at work. Indicated Woody-independent, strong, athletic, skiing, active, not sure of her ‘strength’. Her home was her own. At work was self-sufficient, wasn’t a afraid to speak up to a co-worker, could assert herself, Wilson- had relationship with woody, were engaged, few years since he worked at hospital, on day of search didn’t’ speak to def. Lori-self admitted alcoholic, aware of other substances? Yes, smoked marijuana. Don’t know regularity, no other controlled substances. She missed dinner meeting-promotional spouses not invited, wasn’t a big deal, missed department meeting, became concerned.
-Prosecution-
Alcohol conversation, 5 years ago, time frame & now, no change and did not get help. How alcohol affect her? More outgoing, louder, not angry drunk, superbowl party, Cultus, Pauline Lake, did she become angry or violent? No just having a good time, ‘assertive’ not bossy, had open dialogue, calmly discussed when seen smoking Marijuana, 16 years ago at Cultus or 18 years ago at her apartment.
No more q’s.
State calls Kelly Fletcher
Defense objects – Jury Out-
Knew Woody 10 years, Def 2.5 years, did they date, married, after marriage Lori discussed marriage, fearful of def. Last 2 weeks didn’t want to go home, fearful of what would happen. Work @ ICU St. Charles, had contact at work 2-3 days a week & outside of work, discussed concerns.
Defense-
Lori had told her she didn’t want to go home to def. specific description: he’d be drunk and they’d get in a fight, argue over stupid things, $, children, what she said. She loved her home, didn’t want to go home to def. She wanted to go to counseling.
Prosecution- should be allowed, shows Lori’s state of mind (exclude prior bad acts-not allowed)
Defense-
Not fear, just not happy going home, mis-characterization of Def.
Judge Alder-Objection overruled, Kelly to testify before Jury. -Jury Back In-
Kelly-met Lori 2001, has 3 kids, hiking, boating, water ski, tubing, drinking at bar. How alcohol affect her? Amount – depended on how long there, if she didn’t like something she’d move away from it & at times she’d disappear. She’d go home. Great co-worker, loved her job, above & beyond, do anything for anybody, was her life, reliable never failed to show up for work, Stressful situations all the time, she was rational can calm, never lost her cool, get flustered, Functions, parties, motorcycles, kids, Def consuming alcohol-he’d not answer. Never seen physical abuse, had argued (camping) only him yelling-last seen Sunday on 10/31 Def was intoxicated. Stumbling words and fell the plan was to talk and relax, didn’t go well. Def was different, def was drunk, had spent previous time w/ Def. maybe taken back by meeting Robbie. Verbally outspoken, stuff he bought, shotgun & stuff for Nash & Marley. On 24th decided to leave, didn’t like how it was going, was there 1-1.5. Prior discussions she had expressed concerns, wanted to go get help, counseling w/def, marriage counseling. Express ‘fear’ of going home –objection-leading- ‘concerns, drinking & fighting over drinking or money. Him being drunk when she got home. Were supposed to watch World Series, got a text back from Woody's cell phone, her voice mail messed up, just text. Submitted phone records to the state. 10/28-made contact, left voice message, got text back, never talked to Woody that day. 10/31 Def called her, left message that woody walked off. Called def, said she walked off, was odd cause she wouldn’t leave her home, she goes to it. Said she was drinking, fumbled with keys so she walked off. He hadn’t said anything about altercation, asked if she was there or if had seen her, wouldn’t mind if she was there. She called around looking for Lori. 11/2 talked with Deidre. Never saw her strike or assault anybody.
-Defense-
Knew 10 years, owned house, car, boat, very independent. Knew direction she wanted in life, no problem standing up for herself, did she ‘assert’ herself and speak her mind, Knew def 2 years, socialized outside of work, observed her drinking-wasn’t signs of intoxication, would walk off. Also at bars, would hang out for Woody & def. physically fit, ski, hike, took care of herself, one of times had superbowl party (2010) 10-12 people alcohol consumed by all-observed Lori & def-loving couple. Stayed till end. Def returned to her house looked upset, Pros-objection-Jury Out
Def’s state of mind-relevance. No signs of physical injury he said she poured a beer on him & held a knife to his throat. Asked if he did something wrong at party, def upset crying.
-Jury back in-
Defense
10/24 Dr. Sherbal to home (left cause things were uncomfortable) Def-did construction on & off was told didn’t know about his job, didn’t work much. Aware she smoked marijuana, not that night, Aware she’d provide marijuana to the Dr. ? No
-Prosecution-
Called Def am of 11/2 7am, trying to get info & going to call police 11/3.
State calls Rick Frost
Works at St. Charles – RT with Airlink for 34 years, Mt. Bachelor brought to C.O. work rewarding, stressful, life & death decisions, intense at times. Rick hired Woody-staff RT worked w/her for all of her employment, supervised-no negative reports, just positive feedback. She was excellent. High standards & created relationships w/nurses docs, patients, she was very present in her job
Woody did good job at work never no show, late, stressed in job. Dealt well, helpful, team oriented, always 'easy to find'. Would want her to be the one to treat him. Socialized with Lori, work functions, etc. Personality the same outside of work. Funny, energetic, extravert. Met Def at wedding ceremony. Was surprised she said she was getting married. Had only known Def a couple months. 8/09. Relationship change after marriage? Only saw her 2 or 3 times socially, short interactions.
Defense-
Exemplary employee, Deidre, non supervisor. Described Lori as 'independent', in performance. assessment of situation and helping patients, beyond work, impressed when bought boat, rigged the trailer and lights herself. Doesn't recall being paid for marriage ceremony.
Pros-
Never saw her strike somebody, instrumental in confusing situations? No was good team member.
State calls Jeff Brown
Def objects –Jury out-
Pros-
Respiratory Therapist at St. Charles-knew Lori 19 years, close relationship, she would confide in him-concerns in respect to her husband, frightened, tried to strangle her, didn’t want to call police cause he had guns. Couple occasions-discussed strangulation, once, she said counseling wouldn’t do any good because of his drinking. Met at restaurant to bring up subject of counseling in Steve’s presence, Def realized they had talked about the strangling, changed and avoided subject.
Defense-
Busy at work, conversations, working side-by-side, not just on breaks. Were always close. Nervous or scared, frightened when discussed strangling. Def told her not to call police cause it would spoil the chance to buy guns. Questions about what Jeff had told a police officer. Objection-Jury Out-
Def-objects to hearsay statements also police report different. Lots of major blah blah blah. 8043G no evidence from State as to testimony of Lori, defense trying to throw out Jeff Brown’s testimony-Overruled-Jury back in-
Jeff Brown-cont’d, in front of Jury
Pros-
RT at St. Charles, knew Lori 19 years, Worked together became very close, confided in each other, after marriage didn’t see her as much, socialized before her marriage, seen her drink-amount? Beer only, micro-brews, always well behaved, never intoxicated. Holidays, special social occasions, at work very professional, patient first always on time, rarely ill, had cancer, superficial, on leg. Confided in him concerns of marriage, gives story about the strangling, guns etc. from above… On Monday he called on 15th, met at Brother John’s had met Def 3 times before, cordial greeting. Conversation went quickly to counseling, as employee benefit Def looked at both of them and quickly changed subject. Never seen her become violent, stressful situations-handled very professionally, dealing with conflict-more flight than fight, consummate at her job. Knowledgeable.
Defense-
Conversation with police, he called them-doesn’t remember date or officer, overtime we tend to forget specifics? Jeff ‘I’m human’. Officer Arasmith 7:45 AM on 11/4/10 told officer him & Lori worked together 18-19 years, married after 1 month, told he was arrested and could not buy guns. Have no idea how she behaved behind closed doors on alcohol? Jeff responded’ sure’. She was different after marriage? Jeff said she was ‘devoted’, happily married and wanted to be home. Have you previously met w/state? Jeff-didn’t know what they were going to ask, not staged. Lori had taken to wearing turtlenecks and long sleeves, hadn’t seen any bruises or evidence of abuse.
Pros-
Can you remember details of conversations-crux of call, was that he may have info for them. Lori made comments about alcohol, wouldn’t do any good to get counseling. Change in demeanor after marriage-believed she was trying to save her marriage.
State calls Steve Johnson
Def objects-hearsay, improper character– Jury Out-
Respiratory Therapist worked with Woody 1995-2010. Had going away party (transfer to Prineville) McMenamins, Lori and Def were there. Interacted 3-4 hours consuming alcohol, not large quantities. Afterwards Woody pulled him aside and asked him to go home with her cause things were ‘escalating’. He went stayed about an hour, sat on deck, talked with Def, Woody fell asleep on front lawn and they put her to bed. Phone call in spring, they had briefly separated cause of a fight. Offered to come move his stuff out, she declined.
Objection overruled –Jury back In-
Pros- re-asks questions.
Def-
Time of party, ended before dark, when arrived at Blaylocks, converse with them at mcmenamins, stopped at his house first. Any signs of turmoil? No. It was only 15 minutes before he realized she wasn’t there, and was on the lawn. Def alert and conversing, signs of escalating, was aware of def being previously kicked out of house.
State calls Richelle Hartman
Pros-
22 years at St. Charles. Battling cancer since 2003 breast cancer. Just finished Chemotherapy, feeling great. Met Lori early 90’s, formed friendship quickly, spend more time with her away from work, ball games, cooking, beading, coast trips, sporting events. Times when consuming alcohol, about 2 x a month after married, before Steve got together couple times a month. On weekends off she’d do stuff with Steve, motocross and camping, Steve’s kids. Locations-Deschutes brewery, more recently Reed pub. Lori when drinks, fun, funny quiet at times. Friendly, outgoing, approachable, if she’d had enough-she’s know to just leave. Never gotten out of control, never attacked, hit or kicked anyone. Stressful situations she was collected, calm, professional. Had a health issue-melanoma on her leg. Had surgery, wound wasn’t healing, needed would pack, off of work for a time. Compassionate, devoted, caring, worked extra. Bedside manner-took care of her patients. Knew Def prior to marriage, met at Reed pub 1 year before he met Lori. Both 49ers fans, Coors light, talk knew some of his family. Once a week or 2 at Reed pub. Steve wanted to meet Rocky’s friend, at first Woody didn’t want to meet him. Then she started ‘crushing’ on a guy, the def. Spring of 2009, continued to meet up at Reed, prior to Lori being gone didn’t talk much to def, but after 10/31 talked regularly, Halloween at Reed, said she left house Thursday night after game. Def’s demeanor not emotional, casual. Details Lori deleted his phone contacts when he was in the shower, didn’t have anyone’s #’s . Wednesday while he was sleeping Lori elbowed in the chest and tried to show Rocky his wound on ribs, she didn’t see anything. Lori taunted him with ‘Pizza Boy’, she kicked him out of the house. He grabbed sleeping bags, slept in car, while at work she changed the locks, and had a new key for him and wanted to talk. Then he changed to going home and talked (not changed locks) with Lori, settled in to watch the World Series, made a $2 bet. Game was over, Def said you owe me $2 and she said ‘I don’t owe you shit’. She left took keys, dropped them on the driveway then walked away. His demeanor while telling his story-he was normal. Def said they had plans this weekend, Silverton, Eugene, then home, he went ahead and left. She asked how he could leave. Didn’t recall any injuries on def. Immediately went home and called everyone, except 911 (tears)
11/2 Told steve were going to the police he said yes, he was working. He was at police station waiting for her, Rocker had organized a search 11/6, gave search details, groups, grids, sign in & out. Def took part in search. He said where’s your purse cause it was like woody’s. Believed him on 10/31 then she knew something was not right. 11/8 in to police dept. they asked her to call Def to have him come down to look at some evidence (he wasn’t returning police’s calls) phone call was recorded. Demeanor during phone call-agitated, trying to work, do paperwork, said he spent ample time at station, he said he’s always talking to someone different, hadn’t slept, etc. Then he agreed to come down (recording of phone call). 11/4 doing fliers and got message at Northside pub. Beers, tacos, talked about Aunt Arlene Keesley’s estate, Woody was executor of estate. 11/4 Lori had taken out $18,000.00 of money in last 2 weeks. Met 1/2 brother Ron and Theresa, scent dog, remodeled house, last day seen 10/17 for breakfast and Seahawks. She was quiet and tired. On payday (Thursday) was going to have extra $2,000.00 because of tons of over time.
Defense-
Was present when they met-had known def 1 year, heavy drinker, no. alcohol consumption increase? “I’m not an alcohol monitor”. There had been arguments, didn’t pry. Would bump into steve at pub, def would say they had fights. There had been scratches but unknown how they were caused. Didn’t observe injuries on Woody. Told officer Parker they had gotten in a fight? No only arguments. He would sometimes be kicked out of the house. He has family there, def work stuff, had child support to pay. Lori was very proud of her home. When got inheritance from her mom, purchased a boat.
Prosecution-
Comment to her about-yes-defense objects-Jury Out-
If anything were to ever happen to her, Lori reenacted a confrontation in bedroom. Said he had her on the floor between bed and dresser (May of last year) and was choking her. She got away, called the police. Def was just sitting on couch when cops arrived. She said ‘Rocky, if anything ever happens to me, Steve did it’. She was calm at the time of the reenactment.
Objection sustained- Jury didn’t hear that part.
