Day 4


(Note:  This is where the ‘letter’ comes in. ex#36 from def to Jane Blaylock)

Day 4-11/1/11

Detective Hartley (cont’d) on stand.  Re: interview.  Knew phone records, Lori didn’t show 11/2 to work, last seen 10/26.  No phone calls from defendant to Lori at all.  Traced to Reed pub on (10/26?) Her behavior out of character, walked away from house, left truck, had been in a fight.  Friends reported her missing not def.  Not typical interview.  Multiple red flags throughout.
  1. Def didn’t report her missing for +5 days.
  2. Def not wearing wedding ring
  3. Def didn’t use her name throughout interview
  4. “This was the 3rd time Lori changed the locks”
  5. Had not called her cell phone entire time she was missing
  6. Asked Def if he called her, he said yes
  7. Brought up inheritance paperwork-implying Lori looked at them on Thursday
  8. Def called Lori 11/27 @ 11:46 pm, when he had said he slept on the couch
  9. Thursday when Lori texted Kelly Fletcher, he knew verbatim what the text said
  10. Silverton-2.5 hour drive, he was hauling trailer.  Said he left town at 10:00 am, had a text from his son Nash at 3:30 pm ‘where are you?’  He was going to birthday party, should’ve been there at 1:00
  11. Dropped off trailer at x-wife’s house
  12. Reluctant to have calls at work-even if she’d been found
Asked about injuries-scratch on left cheek.  Photos ex#1 photos of injuries, NON injuries.  Scratch also on hand, arm
Detective asked about injuries, he said none.  Ribs-later asked again and he said they’re sore, not concerned.  Had def write out time-line ex#37.  On time-line-fight for life? Attacked? (no) Objection from Defense. Sustained
Content of time-line- def’s work schedule, baseball game, Silverton trip, home, ends with coming to police department.  When detective left the room intentionally, focusing on phone records, wed fight, Thursday baseball. Find out with other detectives they knew he didn’t call, other detectives talking to def c0-workers, Rocky, phone records during gaps of interview, talked with other investigators.  After interview-evidence to contradict- human blood inside trailer he took to x-wife’s house.  1st week of Nov-Def on 2nd got search warrant and tracking device for trailer, tracking order.  Installed on 11/5.  Prior to tracking, def was under surveillance, search warrant on house and him.  Evidence in house, confession/suicide letter-Objection-sustained-characterizing letter- letter about ending his life.  Loaded shotgun when searched house on 11/2, was unloaded before.  At that time def taken into custody, house searched 11/9.  Ex#57-wallet def had on him when searched, ex#60 10/23 bi-mart receipt for shot gun shells $297.00, ex#61 10/24 shotgun and 2 boxes ammo, ex#62 back ground check for purchase of guns, ex#61 Big 5- 10/31 Return receipt for snowboard boots.
11/12 Def transported to Marion Forks Hwy 22 Left on FS road 47, came to steep embankment 100 feet to river, he carried her down to the river.  It was dusk, getting dark, tree canopy thick, have returned many times, extremely steep, forested, mossy, wet, slick, treacherous.  Def pointed out (from top) where he dumped her body, carried her down, clothing had fallen off of her, he put it under a piece of bark.  She was going towards a snag, couldn’t see from top.  Found clothing, very difficult, black & white striped sweater and pink bra.  Blue blanket down embankment by water.  Clothes were 1/2 way down by a stump.  Took video of road and path ex#13- video from hwy 22 to top of embankment, about 1/4 mile.  Road 047 forks off at turnaround with 3 trees, took middle road, loops at end, lots of trees in center, camp spot, to left is the stump. 
Ex#5-pictures of clothing and blanket, bra was broken, b/w sweater with horizontal stripes.  Ex#4 photos of river, (1/4 mile down stream from where found/dumped?)  Ex#2 photos of area/stump.  Ex#3 photos of river where def claims to have dumped her, corroborates with how def describes her body floating away, into snag where river turns to the left. 
Now believes her to be deceased.  Which makes all of def’s statements questionable. 
Went to Jane Blaylocks with search warrant, obtained a letter.  Ex#36 letter from def to Jane Blaylock.  Copies handed to jury, going to read out loud? Instead everyone reading own copy, (we don’t get to hear it, that was rude. recess 15 minutes.  Defense team gave a copy of the letter to Mackenzie from KTVZ, and said to return it, I asked her if I could read it & she didn’t want to ‘ruin her chances’ with the defense.)

State calls Sharon Vittone:  Unemployed, lives in Silverton 20+ years, @ Max Place, local tavern 10/30 Saturday.  Def came in.  Please describe.  Was with x-husband, went in, sat at bar, heard someone yell ‘Vittone’- was def, ‘nice happy guy’.  They were discussing-upset wife didn’t come see daughter, asked if she had a sister, yes she did, in Prineville.  Def wanted her to call her sister.  She didn’t because she didn’t have on her glasses.  Talked less than 1/2 hour, def went over by pool tables.  5-6 pm, Ducks game.
Defense-no q’s

State calls James Vittone: American Eagle rafting, 10/30 in Silverton, Max Place-tavern, USC game.  Def sitting by himself, def said ‘hey Vittone’- went to High School together, hadn’t seen him since.  Drinking beer, 10-15 minutes.  Def in Silverton to see children, def talked with his wife ‘do you have a sister, well set me up with her’.  He wanted to be set up with sharon’s sister in Prineville.  After conversation a girl comes in- ordered a drink, then def followed her to pool tables.
Defense-no q’s

State calls Elizabeth Ann Bernt:  Oregon corrections 4 years, Silverton all of life.  Knows def, x-husband.  Married 1991-2005, 2 children 18-Nash, 16-Marley.  Keep in contact. Def pays child support, not full amount.  Marley’s birthday 10/27, party scheduled.  Mid-day, 8 years same birthday event went to Salem, def was supposed to be there to hang out with Nash.  Got a call on Thurs or Fri from def, prior to visit said Lori was gone again, they had a fight.  Def arrived around 3, text 3:30, maybe 4:00, she was in Salem.  Saw def early eve, Steve & Nash came 6 or 7:00.  Def had been drinking, behavior seen before, alcohol caused problems, didn’t help marriage.  Alcohol more important than family, def not working ongoing problem.  On 10/30 saw he’d been drinking, she doesn’t spend 1 on 1 time with him.  Def left after hour or two because she asked him to-being obnoxious, giving boys a bad time, rude. Def-on Sunday came back, left some items at house, wasn’t sure what would happen next week, uncertain because of fight, he might be kicked out.  Left trailer, 2 motorcycles and 3 or 4 firearms, some brand new, one was for Nash.  Keys to vehicle, trailer, son’s truck.  Leaving trailer there, common depending on time of year, never left for entire winter, he would come over to race with Nash.  Knew Lori, got along, cordial, got along with children.  On 10/30, when came home, observed mark on face, def complained of pain in ribs, tailbone, had been hit and fell on tailbone.  Didn’t know what caused it.  Kids would come over 3 or 4 days, every other weekend.
Defense-
Mark on def’s face.  There was blood not a bruise.  Def said it was caused by Lori, they had a fight. 27th? From phone calls didn’t know it was physical until scratch, never had a physical fight, hadn’t seen him fight with anyone.  Def left Saturday, didn’t often stay at hotel, would stay on couch.  Def and Nash were shooting at friends farm during party.  Nash’s shotgun was a gift (not birthday).  Sunday arrived noonish-stayed 1 hour.
No more q’s, remain available

State calls Rebecca Brown: Respiratory Therapist in Montgomery, Alabama.
Defense objects to witness- Jury out-
Knew Lori- 2006 summer-St. Charles contract for 3 months, employee, were friends, Jan 2007, fired full-time, worked with Lori, very close friends ‘sisters’, confided in her.  Been physically hurt by def on 2 occasions.  Lori had called, asked her (3/10) to come over, she had gone to bed, def choked her, fell against wall- was tired, distraught, neck swollen, couldn’t swallow, bruising on neck, shaky- scared, upset, def not there, spent hours talking, should report, get restraining order, change locks.  Lori’s cell phone missing-Isuzu blocked her truck so she could not leave.  She slept in car.  Didn’t change locks that day-didn’t go to police cause of his children, Rebecca did call hotline-crisis, Lori in denial.  After that time-concerned Lori hadn’t told her stuff.  In May-next situation-Lori called and called police, they escorted def away.  Rebecca stayed for a while.  Lori strong in character, she was frightened, like a child, right hand swollen, was happy she had called police.  Lori asked her to stay.  Couple other times stayed with her and changed locks, while Woody went to work.  Married end Aug 2009, summer 2010 left back to Alabama.
Defense- shows ‘prior bad act’, ‘hearsay’, no relevance
State- Victims state of mind, demeanor, notice of self-defense, makes relevant.  Act of conformity brought up by defense.  Overruled.  Jury back IN-
Repeat of previous testimony.  At work Lori knew what to do and did it.  Trauma, multiple injuries, Lori stellar employee, prioritizing, ready.  Met def 07/04/10, brought her son.  Didn’t hang ‘as much’ after married, such as new marriages go.  Always wanted a family, had some concerns.  Loved Rebecca’s son and Lori’s niece, loved children-Steve’s kids.  After incident in may and changed locks-for 7 days later reconciled with def and said were going to counseling.
Defense- confused. first contacted by Lori after incident, not night it happened.  Couple days later went to Tim & Julia’s.  Concerns- locks, cell phone missing, called and went & got another cell phone.  That night she couldn’t- spend night in the car. (State forgot about def blocking Lori’s truck in driveway) 2nd incident, hand was hurt, swollen.
No more q’s.  Release witness

State calls Detective Mike Tabor:  City of Bend, 29 years, 5 in California.  Bachelor’s in Chemistry.  Special training police FBI DEA Dept. Justice, undercover, homicide.  11/3 Kendall-briefed on case- def trans trailer- Id and locate.  Drove over to Silverton to Betty Bernt.  Asked about def, trailer, def brought it over 10/30 asked her to keep it for entire winter season.  Asked to look inside, she opened it, large open area in back of trailer.  Authorized to photograph exterior until phone call on 11/3, rec’d permission from def to search.  She had gotten call also from def, ok to search.  Ex#6 photos, search on 11/3, overall view, 1st 2 stains, possibly washed down, step stool, moved & another stain appeared, quite possibly blood.  Took swabs of all stains.  Trace evidence. Ceased evidence, paper towels etc. used luminal-displays blood not visible to naked eye.  Photo 6e- ex#33-2 swabs of blood stain, ex#34 3rd swab bloodstain to crime lab in Portland, ex#35, tests positive for blood, human blood.  Spent night watching trailer, significant evidence- drove to PDX with samples. Rigged trailer so they’d know if it was opened.  Outside-trailer was clean, should’ve been dirtier from drive over- fender, wheels, etc. exceptionally clean.  11/5 attempted to contact def, left several messages compelling him to come to station for another interview- def being evasive, said ‘located purse at a crime scene, come see it to identify’.  Ex#77-phone conversation with def on 11/.6 Saturday 8:22 am.  Ex#78-recordings of messages left on 11/5 played- on purse- asap.  After 3rd call, with Id of police department, used a device-using Kelly Fletcher’s number (mimicking), def was speaking with her face-to-face- so phone was picked up then hung up.  Ex#78, def called Tabor- Tabor explains def asked where they found it, going to search party.  8:45 def arrived-Tabor interviewed.  Ex#16-video recording of interview.  Purse, trailer showed def pics of stains, he said looks like blood, ‘I get injured all the time’, didn’t know, scared-knuckles story.  Tabor didn’t buy it.  brought in her purse. Back to stain- ‘she scraped her knee-pulling weeds’.  Proceeded to talk a lot about motorcycles & stuff.  BS about some guy stole something from him.  Tabor-Mon (knee incident) doesn’t time out- def ‘she’s in there all the time’.  Ex#79-82-photos shown to def in interview.  Purse & blood stain.  About interview- def brought in Loris purse, said it was identical.  Her purse has never been found. About blood. Def kept changing subject, Tabor, DNA, said a lie, consistent with wife’s blood, now def says’ she cut her knee, didn’t know how, later he said ‘pulling weeds’, had a band-aid on.  Asked def about Lori’s phone, confusion about what she took with her.  He had said he tried to call her.  He also said she didn’t have her phone. So…  Mrs. Bernt (x-wife) said Def said she left without anything.  Trailer, when ‘luminol’ (a forensic technique) had a strong reaction from stain, and overall glow on floor, could be cleaning agent.  Found fibers embedded in blood stain and floor going to back of trailer, corner of bumper, and on doors.  Appeared something had been dragged.  11/8 called def.  Calls were unanswered.  Messages left asking def to come ID some items found on search.  Rocky was down there with Lt. Gregory.  11/9 Tabor 7:10 am went to def’s residence with search warrant for house and person.  He eventually answered, said he got messages but know the items were not hers (but didn’t know what they were).  Changed subject.  Called work, said he’d be late.  Took def to Police Dept. for DNA tests.  Ceased hair samples, cell phone, took photos. Ex#32 Def’s cell phone. 

Defense: (Dekalb)
About repeated calls, don’t know if he was working.  Other times, also work day. Tabor-some calls made after work hours.  Auto VM system.  Stains-blood-about 1-2 feet long, had settled into the wood.  Other 2 stains have not been tested.  Looked washed.  To be processed later.  No more Q’s.

State calls Lt. Bryan Kindel:  City of Bend, 18 years experience.  2001 came to bend, 2004 became detective, 10 months LT.  11/2 got involved with case, Det. Hartley, OR state crime lab and other agencies.  9 detectives.  Linn County, and Marion County.  11/2 went to Def’s residence with Jordan and Hartley.  Photographed.  Looked in freezer, no other bottles, looked lived in, shotgun in bedroom, unloaded.  Stacks of papers in living room.  After search, went up street, collected pillowcase for canine track scenting.  Ex#39 Pillowcase.  Def was actively being watched.  Hartley waiting for permit, tracker put on vehicles (GPS).  11/2-11/6 tracked def’s actions, hopes he would lead them to location of Woody, didn’t happen.  Was at the search, a lot of people, about 75.  Went to Santiam (after arrested) def took them to scene.  Hartley, Kindel, and 2 jailers.  Def showed where he took Lori down and where sweater and bra and blanket were.  Very difficult terrain.  Kindel ex#41 sweater, was wet, blood on side and front, sent to crime lab.  Ex#83 Pink bra, was inside of sweater, torn in front (still clasped in back).  Bra and sweater were taken off at same time, bra was inside of sweater.  Blanket was right by water.  Bra and sweater 3/4 way up embankment under big piece of bark.

Defense-
N. Santiam, did get to see sweater? Clothes intertwined and inside out.  Sent for analysis? Yes.  11/2-Jordan and Kindel went to home, day of week-Tues 6;45, locater placed few days later, not a lot of movement.  Garbage day? Unknown.  Had not seen evidence of foul play there.  Was there 30 minutes, no sign of foul play.  No more Q’s.

State-
Animals, cat box, back left bedroom, heavy odor & utility room.  No further Q’s

State calls Detective Jason Maniscalco:  Bend PD 12 years, detective 2010.  Got involved 11/3 or 4.  Info from Kindel-Go to Silverton to cease trailer, did surveillance.  On 11/6 got warrant authorizing ceasure.  Read warrant to Elizabeth Bernt (x-wife).  Put trailer on flatbed tow truck, took to Salem.  11/5 & 6 rained a lot, water could’ve gotten into trailer.  Went to search house 11/9, ended 11/10.  Ex#8 House diagram.  Ex#7 Photos he took of house.  Had learned missing person, human blood in trailer, no info on how, where, etc.  On 11/9, also forensics lab and other detectives.  Didn’t know specific area to search.  Took video of entire residence before anyone touched it.  Ex#12 to be played. 11/9 Crime lab, first did video with plaquards and photos.  Searched piece by piece.  In first bedroom were 2 cats, a loaded 22 rifle, stains on carpet and cat feces in laundry, Tupperware with Lori’s belongings- Piano room(C) Went to room (I)-Master Bedroom.  Det. Wyles, found file box on floor of Living room, had Lori and her aunt’s name on them.  Ex#75 File box (Personal observation-Steve really didn’t like that)  Documents on coffee table with her name.  Ex#56 Open view, investment accounts, banking info for Lori.  Found by cat post Ex#67 Jmm21 Investment, attorney’s letters.  V. Dickerson (crime lab) 2 rings Ex#31 Rings located between mattresses in master bedroom.  Satchel under bed in MB, with blood stains and had ammo inside.  Jmm#56 Envelope, Elizabeth Bernt, not book, 4 DMV titles, photos of E. Bernt and paperwork.  Ex#25 Jmm52 Notebook.  Jmm60#26 Contained photos of E. Bernt.  Ex#25 Contents of spiral notebook.  Copies handed to Jury and counsel but not read aloud.  No more Q’s.


* after lunch I had submitted query to DA through bailiff requesting copy of letter or have it read aloud in court.  There was never a response.



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