Day 5-November 2, 2011
Prosecution:
Continue with questions with Detective Jason Maniscalco
11/9/10 Execution of search warrant 7:15 am-7:30 pm. 11/10 started at 11:30 am. Secured residence went back twice, 1:45 returned, residence undisturbed, was there 1/2 hour, left residence secured. Went back for doorknob and dead bolt, with another search warrant 7pm on 11/10. At that time the door jam was cracked/split, someone had broken in. Noticed more papers strewn about, garage door open, mattress in Master bedroom had been moved, drawers in MB open. Initially found old lock set and deadbolt with packaging from new set ex.#28. Deadbolt and doorknob that was on door ex#29. Ones in cupboard in kitchen one new and one old, ones taken from front door were new. Put another set on to secure residence. No vodka bottles, lots of beer cans & bottles (my note: there was vodka on initial search of residence)
Defense:
Search garbage cans? Yes, had garbage bags. Nothing of significance was found. Documents were put in evidence. Def ex#4 photo of MB bed w/ skirt, flowered duvet. Bed looks used, slept in. Def ex#105 photo of room (H) guest room. Stuff on bed did not look slept in. Def ex#107 photo of bed in room (C) bed is made, box on top (boot box) looks more readily available to sleep in. Stains on carpet, tested, not blood, 2 cats were in the room. 11/9 Hubbard, Wiles, Dickerson from crime lab, Maniscalco did most of gathering and labeling evidence found by other detectives & crime lab. Wiles – found manila envelope in night stand ex#25. Def ex#103 letter from before plus “you will find her in the N. Santiam river 6 miles from Marion Forks”. Visual observation – didn’t look like someone was killed there, looked ‘lived in’. 11/10 Defendant had been detained, someone had broken in. No further q’s.
State calls Detective Faith Wiles – City of Bend law enforcement, 13 years (10 years police, 3 years detective). Got involved 11/9. Search warrant. At that time knew Lori missing, suspicion of Defendant, and blood in trailer. Didn’t have specific room to search, worked as a team, did thorough search, didn’t know what happened, started with Hubbard and Maniscalco. Searched island in kitchen and pantry, fridge, laundry room, guest bathroom, master bed and bath. Documents – quite a bit were strewn about – portable file cabinet ex#75 found in Living Room, by cat post. Open file box, went through entire box. Items of interest – state paperwork, documents for Arlene Keasling, $98,581.51 is value of her estate, Morgan Stanley file, ‘Money I paid’ file, Arlene’s debts file, Legal/court file, Pam Parliani (lawyer) file. Other documents relating to Keaslings estate were about in room (I) MB, envelope in night stand, LOG of Steven Blaylock, and also titles for vehicles, photos, letters to family, race results news clipping. Read logbook, was taken as evidence, copies were made. After saw log book, were concerns, directions to Loris body in river, and maybe DEF was suicidal. 1 firearm in coat closet in LR, also in MB, other items kitchen ex322 and 23 Receipt for ski pass and carbon copy of check written by Lori for upcoming ski year, she planned on being alive. 23 list found in breast pocket of brown jacket hanging on chair by island. List said ‘check passport, life insurance, camping equipment, cash paychecks, new accounts, credits, check her pay stubs…… (more) some were crossed out. Vodka in freezer door. Day 1 of search there 12 hours, day 2 morning to 1PM.
DEFENSE
Marijuana in freezer, looked like butter cube, not a large amount, less than a cube of butter. Defense ‘is that how people make hashish at home?’ Faith – I’m not sure. Did not analyze coat for fingerprints etc. Def-was def in custody? Faith – unknown. Had minimal involvement in this case. Yes. Def – You didn’t see anything indicating someone had died? Faith – Unknown, but several things that could’ve been used to kill her. Def – No bullet holes, broken furniture, etc? Faith – No.
PROSECUTION
Ex#23 – List: ‘Check HER pay stubs’. Was in Males’ jacket. A Male wrote that being there was 1 male and 1 female living there.
No more q’s.
State calls Dr. Karen Gunson: State Medical Examiner
– DEF objects -JURY OUT- What are State’s intentions? Opinions, speculation? Def has issues with Death Certificate, no body. Judge – has nothing to overrule or sustain since Def doesn’t know what they’re objecting to.
– JURY BACK IN-
Dr. Gunsen, graduated Whitman in 96, 72 science degree, med school, 4 years MD doctor’s degree, clinical pathology and atomic pathology, tissue under microscope, diagnosis. Medical examiner since 99, violent and unusual death, worked on 5-10 per year for 26 years.
Pros. – Are you familiar with this murder? Yes. Talk about decomposition after death. Break down depends on temperature. 1st post mortem rigor, 12 hours, after 24 hours goes away. Blood settling, green discoloration at bowels, few days see blood vessels – Arborization. Odor, putrefication. 5 or 6 days decomposed skin comes off, and hair. Body green, black, bloated. Change in features. A month – flesh falls away, after a year only skeletal remains left. This is at room temperature (70 degrees). If colder, process is slowed down. Body in air decomposes faster than in water.
Water – Lori dead 3 days before thrown into river. At this temp, rigor passes off, body limp, green abdomen, odor, arborization. Then dumped in river, very cold, retard development of other decomposition. Stop bloating, debris and rocks would rip tissue. Skin, fat in cold water – material forms on body-edopoceer-like wax on cheese. Can protect the body from crawdads, sturgeon, and bottom feeders-difficult to eat body through waxy coating.
Would probably lose head, feet, hands because of delicate nature, rocks and debris.Breached area – more likely to lose tissue.
Search began 2 weeks after dumped into river. Not unusual to not find a body.
Violent death, strangulation, manual w/hands. Cause obstruction of blood vessels in neck, struggle goes on, jugular veins, brain to hear. Corroded deeper, thick walled heart to head. If jugular obstructed and not corroded-pressure in head, blood spots in eyes. Takes 22 lbs of pressure – eclude corroded and unconscious. Takes 2-5 minutes to actually strangle someone to death. They can wake up again. Can break larynx. Signs of strangulation – leaky eye, neck muscles, bruises, scrapes.
Death by suffocation – obstruction of airway, more subtle. Still 2-5 minutes. Victim usually the weaker one. Easier to suffocate if intoxicated or strangled unconscious.
12/2/10 Letter written by Def describes how he choked her with one hand. Unlikely to strangle her to unconsciousness while she’s above him-and both corroded with one hand-takes 22 lbs of pressure. Letter also describes she comes back to consciousness, he pushed her off the bed. Assessment – she strikes head on corner of bed, never moves again. Why did she die at that point-implying broken neck? Unusual positioning, would take quite a bit of force, not likely the way he describes. At santiam, her body now, face and neck first to decompose. Very difficult to ID signs of strangulation or suffocation, evidence of blood, blood on sweater typical? Around face area – purge arises out of lungs, fluid and blood, saliva. Saliva has enzymes, would break down DNA, moving the body would affect purging. Several hour is still, moving body increases purging.
Letter 12/2/10 describing scene, fighting for life, defending himself, said he was struck many times in face and head. Photos of Def ex.#1 taken on 11/2/10 (even occurred 10/27/10-6 days prior) Letter describes multiple blows, would expect contusions, bruises, there were none. Scratch on left cheek wouldn’t be from a fist or open hand. – About residence, not obvious someone was killed, after strangulation, you may see nothing, depends on struggle. Difficult to move a dead body? Yes. “Dead” weight, odd package.
Def-recess 15 minutes. Objecting to witness being called-forensic expert, Miss Bordner, room C, no one knows what objecting to. Miss Bordner remaining in courtroom to hear Karen Gunsman remaining testimony, sustained.
Cont’d Karen Gunsen:
Defense-
Letter 12/2, read, testify ‘unusual’, c1 or c2 vertebrae from hitting the bed, yes. ex Ex#108 Copy of letter, have Karen read out loud, a portion. She jumped up attacking etc., landed awkwardly on her head and neck. She just couldn’t tell. Showed photo of room, she had seen it. Could be read-landing on ground. Amount of force applied to have her die, unusual to get force when he’s on his back. Also had problem with strangling from below with one hand. Is it possible? Yes. Probable? No (c1 and c2 on floor) Is Lori’s weight a factor? Yes.
No further q’s
Prosecution-
Somehow catapulting her off bed, physics-bed vs. hard surface. In experience, cases where fractured c1 and c2, force required in fall. Base of skull, sudden death, relatively protected- car crashes, plane crashes, penetrating, like lumber/logging accidents, or a person jumping from top of a building. Improbable to happen falling off a bed. No more q’s, witness excused.
State calls Victoria Dickerson: Forensic scientist Or State Police since 2005. Latent print and processing, crime scene investigation, became involved 11/9 with team and detectives. Knew Lori missing, husband suspect, blood in trailer, job was to look for evidence of altercation-found trace evidence. Ex#8 Diagram of house. Presumptive test for blood. Found in Hallway, Spatter on wall by Master BR, blood smear on laundry room door. Bathroom, bag under bed, sink in Master BR. Master bath had primarily male items. Blood on mirror, towel, floor, 2 blood stains, passive splatter in garage, passive (gravity) blood drops. Garage- ex#9 and ex#55 Charts identify positive and negative blood tests. Positives: Laundry room (D) smear, garage 2 passive, hallway-spatter stains, bathroom sink drain, bag in MBR, sink in mirror towel, towel bar. Then chart of negative tests. None in Living room, kitchen, guest room, utility room stuff. Extensive testing. Carpet cleaner was out but negative for blood. Not possible to age blood stain. Cleaner-water was reddish brown, saved sample for future testing. Letter-Beat around head and face in room C, but not blood found in there. It is possible to clean up blood & it not be detected.
Defense-
Paperwork ceased Ex#75 File Box. Fingerprint testing on docs, not sure if its those. 5/5/11 Docs Jmm21a cannot say if came from that box. DNA work? No- some were sent for DNA. Spots could be placed at different times, testing doesn’t say when, ones on carpet can’t tell how got there. Type of transfer, only ‘passive’, gravity, in garage. Did not test doorknobs or latch. Covers in bedroom C? No.
Prosecution-
Cat feces, brown stain. Test would not determine if human or animal, male/female. Latent print analysis, fingerprints are not always left behind. When processing crime scene, known individuals, don’t usually do it, more like if there was a burglary etc. No more q’s.
State calls Francis Faith Stockdale:
Farmer’s Insurance 4.5 years, was there 10/10 since retired, lic. Was contacted by def 10/25/10-called on phone 2:00 pm. Requested insurance quote on 93 Isuzu Trooper. Found out married to Lori Wright- had boat insurance, nice behavior, said would call him back with a quote. Was not able to contact him. No more q’s.
Defense-
Customers prefer to deal with local agents (she had referred him to Woody’s car insurance in Eugene- he declined) No more q’s.
State calls Devin Mast: Forensic scientist for OR State Police- 2004 to present. 3 disciplines- Chemistry, biological processing, crime scene investigation. 11/9 assisted search-Bend PD- with Vic Dickerson. Photos, stain testing. Knew missing, suspicious, see if could determine what happened. Ex#7 Photos of inside house, he took. Initial testing of stains, presumptive testing. 1st test- swab turns pink, looking for blood- could indicate altercation. Add’l swabs- turn over to Bend PD. Then turned to forensics lab. Sent to PDX for DNA analysis.
Ex#86-Swabs from def
Ex#87-Cutting from large stain on sweater
Ex#88-Cutting from neck of sweater
Ex#89-Cutting from sleeve of sweater
Ex#41-Sweater from which took cuttings.
Biological processing- rec’d sweater 11/23/10, examine for DNA. Establish ID of who was wearing-stain and for blood. ID blood source. No further Q’s at this time.
Defense-
Diagram- #’s of positive samples for blood, didn’t do DNA analysis- PDX does that. (Def talks to Candy Geise)- was add’l analysis on sweater and bra. Any unusual holes- one hole along a seam. How much blood? Unknown. Visibly obvious- yes. Not easy to quantify. Water added-make spread. Examine bra- damaged. Dirt, debris, broken in front, back still clasped, middle, no stains positive for blood. No further Q’s-witness excused
State calls Ryan Chambers: Forensic scientist- DNA lab State of OR, PDX- DNA analysis 3 years, DNA extraction, quantification, amplification, separation, ID. Pcr-make copies-15 markers separates markers by size- detection-comparison, sex- and if multiple sources. Not race, age, physical characteristics.
Received some material at forensic lab in Bend Ex#85 Lori’s toothbrush (secondary standard) obtained by officer.
Ex#86-89-material
Ex#32-34-Swabs from trailer.
Analysis: Sweater 88-89: Cutting from neck and right sleeve, obtained DNA profile- neck consistent with DNA from toothbrush. Lori wore that sweater. Swabs from trailer also matches DNA of Lori’s toothbrush. How is DNA degraded- loses repair mechanisms once deposited-begin degrading. Cool, dry, frozen can get DNA from hundreds of years ago. Sweater stain Ex#87-unable to obtain DNA, degraded. Could not profile. Sweater was under bark, wet, etc. Bra-also couldn’t obtain DNA, when exposed to elements, degrades quickly. Blood vs. Purge-able to decipher-more difficult to get DNA from purge (enzymes).
Ex#48 3/14/11 Analysis report
Ex#51 06/20/11 Add’l items report
Ex#? 10/13/11 Add’l items report
Reports are accurate. No more Q’s.
Defense-
Cutting from sweater-DNA test-Couldn’t tell what source of DNA was.
Pros-
Cuttings-Steve, mixture- Lori & Steve.
No more Q’s
State calls Detective Chris Kaber: Detective with OR State Police- long time. 11/3 was contacted, came here, briefed. Requested to interview Def- in Bend PD. Memorandum (before interview) Missing, prior interviews- concerns, cell phones, wanted fresh eyes to interview. Asked about investigation, what he told them etc. Initially he was at work (trs) said she’d been drinking vodka, had spat night before, game. She got upset-grabbed purse and left. He did not ‘seem’ concerned of her missing. Asked about her cell phone-he assumed it was with her-spat night before-said she turned on light and jumped on him & he rolled her off & she said he had to sleep in guest room. Asked if he had harmed her. He didn’t feel fair question-perceived-did bruise her- he didn’t see any, said he never harmed her ever. Spat night- sleep 9:30 when she came in and turned on light. She left after World Series- spat was night before-asked if Lori hit him-said maybe a ring caused scratch on cheek. No other injuries. (concerns about earlier briefing) Spat, cell phone, did he try to call Lori- stopped at Detroit Lake, no reception, not an answer. Argument- her behavior 99% no problem, 1% when drinking, unpredictable. Late in interview, why did he think she came in room- he said ‘vodka’. A standard question- what should happen to someone not telling the truth? Def didn’t know how to answer. No more Q’s.
Def- no q’s, recess.
State calls Cody Periman: Reed Market Pub & Mother’s Café- 3 years been here 6 years, Reed Pub 5 years. Reed- has surveillance at Reed? 3 camera’s always on. Reed small local neighborhood bar. Locals, 20-30. Steve regular at Reed. (Cody)There on 10/31-Sunday- 1-9:30, know most by name. Also saw Rocky 10/31. Remembers-only 4 people there that night. Had talked to Detective Jerry Hubbard. Discussed video-explained who/where. At one point Def only one at bar. Def talking to Cody, Rocky, Jeff Modry, discussing that Woody hadn’t come home. Call police? Wait, and give another day. Saw def there earlier that week, scratch on his face. Didn’t discuss-would’ve been a tues or wed? Worked only Sat & sun, was there as customer, was moving. Recall conversation on 10/31. Overheard. There about 3 hours, talked about making phone calls- he went out to patio. No further q’s.
Defense- No q’s.
State calls Detective Jerry Hubbard: Police officer, City of Bend, 14 years. Bend 10, Madras 5, specializing in computer forensics, digital analysis in crime scene investigations. Involved with investigation from beginning. Search warrants, obtained video from Reed Pub, Def’s cell phone, and laptop at house, Exhibit- Diagram of house. Assisted in search, LR (A) closet, Remington shot gun, loaded. 1 shell in chamber, ejected it. Took pics, also kitchen, garage, guest room (H) 2 purses, books, storage. In kitchen was a present and a card Ex#21, 21A Package (kitchen) wrapped with a ribbon- Happy Birthday Marley- 21A $100 bill & a necklace charm (dragonfly). Present/card Ex#96 Chart hubbard made, read out loud: Dear Marley, Your love and light are key, old friend, I will always be there for you and your family. Happy shopping. Hope you like your dragonfly. I’m so lucky to have met you 1.5 years ago. You’re a beautiful young woman.
Def’s cell phone Ex#32- his phone lgux5500-verizon, too to Deschutes Co Forensics lab. Parody box- go on w/o connecting to server, to avoid info software, hardware, celebrek deck-for law enforcement. Secure view, got sms messages, contacts, images, call logs, call recopos Ex#63-Items accessed off of cell phone. Includes contact list & call history, texts (sms messages)-can get jumbled around wasn’t all in chronological order, dates and times. Ex#76 Verizon records, cell sites, 31st and 1st to Woody’s and Steve’s phones.
Obtained a copy of surveillance video from Reed Pub. Used surveillance vendor to help. Video from 10/31 &11/1. On video discrepancy on time- :39:12 slow. Difficult to view, verified w/Cody to identify video. Def last one to leave bar. Phone calls-at times on video. 10/31 call 20:58:54 call made from Fletcher to Woody, went to VM. 10/31 less than one minute. Woody’s cell phone dialed own VM. Kelly’s # to Steve’s phone 12.6 minute conversation.
First-Phone call to Lori’s phone- VM access from cell phone- if he had her phone. Then watched video again, person at bar in video (def) has 2 cell phones, timeline on Verizon records, compared to video times, video quality is not good, see him reaching down by right side pocket, changes to left elbow, reaching for left pocket, flash of light in hand-cell phone. Light goes away & then back, same time VM (Lori’s) , looks like he puts it in pocket, Kelly calls his phone, big movement, on right can see the light when talking, puts away. Takes drink of beer, then leaves bar, Cody locks up Ex#91 Picture of bar, can see video camera, & #92 Pic of inside of bar, shown to Jury, Play video.
Ex#90 Surveillance video;
20:19:42 Kelly calls Lori’s cell phone
20:20:25 Call to her VM
20:20:34 Kelly calls Def, talks 12.5 minutes.
He had Lori’s cell phone. Also video coverage from 11/1/10- S. end of bar, by camera, can hear TV monitor, describes: 20:?28:26 pm, right arm, lit screen, 20:26:25 phone to Lori’s VM, again matching actions with known records on Lori’s phone, and his. Another officer had records with locations of phone.
Defense-
Able to determine cell phone #, would be under contacts, Steves , Lori 541-480-6213
16 of 28, text message-way records broken down, like a table number, column next, name, may have been jumbling in date/time-right just not in chronological order, smsc-empty column, title status, unsent, read, sent. January texts Lori to Steve ‘I love you” From Lori to Steve 10/21/10 12:33 PM marked ‘read’ inbox message ‘yeah sure, you betcha, is good, love you too.’
Received messages from Lori to Steve. 10/24-inbox, ‘read’, 1:07 pm, ‘Thanks for the nice surprise. I love you.”
Sent message from Steve to Lori. 10/24, 1:10pm, “got you beer”.
Sent to Lori 10/24 8:23 pm from Steve, “you made my day. I love you”.
10/25 Message inbox from Lori 10/27, 14:24, “ love you, do you want home dinner or out dinner?”
Sent to Lori from Steve 10/27 11:40 am, “How’s your day honey? Love you.”
10/27 14:57 –“whatever you want to do. Had a big lunch”
Inbox to Steve 10/27 15:30:00 From Lori “OK if you want something bring it home with you”.
In texts there are lots of ‘I love you” s, and also disagreements. No further q’s. Recess till Tomorrow, 8:30.
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