Day 6


Day 6 11/3/10

Ex#4 River searches for Lori B. 

State calls Marion County Sheriff B. Sutter:  Searched area around Marion Forks.  Didn’t locate.  11/9 plan to keep searching with Linn County Search and Rescue and Detectives.
11/10- Looking for evidence or body or part of a body or clothing.  If they found anything would radio it in, GPS, detectives would go.  Painfully detailed in searching. 11/9 & 11/10- Info was body dumped 6 miles North of Marion Forks.  + 11/10- more detailed location provided, shifting to Linn County.  Another search- April or May- Crook, Linn, Jefferson, Marion (lead), on river up towards Detroit Lake.
Ex#10 Map.  Dams located on opposite side of Detroit Lake.  None up river.  Topo, slow drop, water fast.  Just natural, fluctuations daily-Rain, snowmelt, wind.  11/9- April- River lad gone up and down, ran high most of winter.  One point was really high, had stripped bark from some washed down trees-powerful.  Search in spring was also a training exercise.  Approx 60 people, certified.  Search by food and afloat- 4 to 5 vessels on lake.  Teams on both sides of lake from high water line to low water line.  No more q’s.

State calls Michael Harmon:  Detective with Linn County Sheriffs. In 2010- contacted on 11/9/10 by Bend PD, possible homicide, victim may be located in Marion Forks area, Hwy 22. Kindel from Bend had contacted, took part in search 11/10.  11/13 received more specific info, through Marion County.  Kayakers had found a body near where Lori was last seen.  11/12 Sgt. Clark told Def had shown area, shifted from Marion to Linn County.  Resources- cadaver dog, dive team, walkers up and down river.  Linn County Search & Rescue.  No body located.  +11/13 next search 12/13-Kayakers found body, nearest phone Idanha, was getting dark, was in Linn County. 13th planned a search.  River was moving rapidly, rapids above, dumped into a pool, that’s where seen. Had search, divers, then continued down stream.  Difference in river 11/10, 11/12, 11/13-12/13, yes big difference- dramatically faster.  No further q’s.  No further attempts to find.

State calls Joseph Larsen:  Emergency services for Linn County coordinator.  Search and Rescue coordinator in 2010.  Asked to assist Marion County in search for body dumped in river.  “rescue” more dangerous.  This is recovery mission.  Remote area, sparse population-area along river very dangerous, brushy banks, rocks, narrow, cliffs then water, river changes daily.  Was out several times-weather, snow melt changed levels, 11/9 first search with Marion County, at Bruno Mt. Bridge and up stream.  Bend detectives suspect told where he put her in the water.  In charge of search effort. Ex#9 Photos of location.  Road #47.  Small dirt road off of Hwy 22, big mud puddles, off shoots, one road-goes straight to river, had been raining a lot, standing water. 
Deputies paid and volunteer, youth trainees, mounted posse, and dive team.  Ex#11 Documents search areas.  11/13- 2 search teams, cadaver dog, covered down to white water bridge.  Several dates out searching.  Late on 12/11, call from Marion county.  Lori’s body was spotted, went out next day-had rained all night, divers had very difficult time.  Water at highest level.  12/12 searched bank, right of river only, makes eddy on right.  Search not successful.  01/20/11-39 people from Des, Linn, Marion, Benton counties, separate area last seen to Detroit Lake, 10 river miles.  Marion County Marine, searched lake.
04/01/11-2 days searching, Detroit State Park, Linn County side of river and Detroit reservoir.  Separated tasks-search teams at different points of river all the way to reservoir-took a couple days.  No further searches.

Defense-
Month & 1/2 Lori’s body only moved short distance.

Pros-
Things can get stuck in river? Yes. Log jams. Kayakers to next day, river went way up.  Easily could’ve been flushed.  Log jams, dislodge with water rising.  On 04/01 search- debris and big logs peeled of all bark, river miles, like if walking in river, def dumped to kayakers, 1600 meters maybe. (about 1 mile) Ex#10 & 11  Maps of search areas.  No more q’s.

State calls Robert Clark:   Detective Sgt Linn Sheriffs Office 27 years.  30 years on dive team, for Sheriffs, body recovery, rescues, crime investigations, asked to assist in Lori’s recovery vs. rescue- recovery not as immediate, can put a plan together.  Familiar with North Santiam? I am now, spent 10 days there.
2-3 fast, deep, boulders, swift.  Precautions. 10 dep Sheriffs & 2 civilians on team.  Was able to look online for water levels.  11/13 first responded, 4 divers, analyzed river (Dep Barker first on scene), swam across then caught in current, used lifeline, did only shore search.  Didn’t locate anything.  Called back 12/11, 11:30 PM, Kayakers spotted a body, arranged response on 12/12, (6350 cubic feet/second, 1.5 ft visibility) much faster and higher, did put diver in water, whirlpool, branch, couple times- no one there, can communicate with diver.  Moving water difficult to do a good search pattern.  On 12/12 did several passes, had 2 holding lifeline, 12/17 (2,000 cubic feet/second clearer, 3-4 feet visibility) responded 4 divers, drifted river from kayakers point- 3 miles down river, didn’t locate anything.  02/10- Helicopter fights over lake and river.  3-500 feet above water.  04/03-  Coordinated search on Detroit Lake, cadaver dogs hit on island, couple spots, 3 divers responded, didn’t find anything.  30-40 feet deep (further out 100 feet deep). River from 47 down, river bottom, boulders, log jams, obstructions, very difficult in moving water.  Can get trapped.  Can pull into tree & down.  11/10-present, changes-down to 446 feet/sec.  January 9,000 cu ft/sec, fluctuates greatly, can change daily.  Ex#? River Levels.  Was a spike up to over 6,000 in December when kayakers found her.  No more questions.

State calls Gregory Klein:  Crime deputy Sheriff Linn County 22 years.  Contacted 11/13.  November 2010, assisted in search.  Set up command post, post 62 on hwy 22.  Joe Larson, Bend detectives, Stewart, Cane.  Primitive camp site- overcast and rainy.  Brushy, steep, large old growth fir trees, rhododendrons.  Incident command remained at post on radio with teams.  No cell coverage, tested radio connections first.  Also searched on 01/20/11, full scale search.  Searchers were not successful.  No more questions, excused.

State calls Brad Goetedmoetter:   Lives in Salem, web developer, kayaker 16 years. N. Santiam has a run, only when it rains.  Water was rising fast, fluctuates a lot, upper part runs, rains, 5-10K a day.  Looks up river levels before going, to see if river rising or falling, can check web sites.  Kayaking on 12/11/10-checked level, was running fast.  2600-4800, 5-6000 when got off river, by next morning 7-8000.  Familiar with this run-best for play boating.  Got on river, late Am, noonish.  David went with him, put on at Amelia Creek.  1st mile waves, eddies, got warmed up- hydraulics, wave or hole to surf, play spot.  In eddy for quite a while.  Staying stationary while river moving.  Can get washed off?  Yes.  If eddy can roll up, bet back in eddy and get back up, side by shore runs up-stream.  047 road area? Below Amelia Creek.  Can access river a few spots from there, play wave, campground, stay to R road goes to where eddy was, down stream from 047, playing on wave, quite a few tricks, not uncommon to be wood in river, had to keep going around a log- got out, stretching, Dave came up and said there’s something in the tree, looks like a body.  Skin gray, peeling off, a hand, motion & action-when water went down hand floated on top.  Tried to get a picture, couldn’t, fogged up and paddling with arm, didn’t want to touch it.  Instead called cops.  Idanha closest, take out of river at car, went to Idanha, store, called police about 3:00 pm, 4:30 getting dark, still not there.  Sheriff & Forest service got there at dark.  Didn’t know by road how to get there.  Next day river tripled in size.  On 12/12, showed location, was sure it was the right spot.  Eddy, in summertime nice swimming hole, easy to notice.  Map Ex#11- Id on map, where put on river, Amelia creek, put in up river.  When saw hand and realized what it was, didn’t want to look anymore.  Steep trail, trash can, Photos Ex#?, recognizes location, water level looked lower in pictures.  Points out beach.  No more questions.
Def, no q’s

State calls David Kinker:  Artist, Bend area, murals around town, Tower theater.  Water kayaker, summer guide 27 years.  Looks at water levels, geology, weather.  Different rivers during year, different kinds of boats.  Some rivers known for play spots.  North Santiam certain times of year, excellent play river. Bruno mtn, put in or 4 miles upstream at Amelia, 15 miles stretch to Detroit.  Obstacles occur, wood always an issue, keep aware.  Areas- piles of logs, debris, usually to sides of river.  Water level very important, want to get on when peaks.  12/11 river rising, still lower level, river rose in time on.  There to play, had done run many times before, know spots by sight.  While surfing play area, saw something-eddy-got washed down-had to go around a tree, saw a hand.  Cloudy rainy, wasn’t muddy, hand sticking out of water, could see a body, skin- algae, greenish, hand was in a fist.  In the tree.  Thought she would’ve stayed there, the tree was also gone, was in middle of eddy, calm, large tree, stayed 15 minutes.  Thought about taking her to shore (Brad didn’t want to) Never found human body in river before.  Pad paper, draw what you saw Ex#97.  After body found, 2.5-3 hours before made call, went to Idanha, no cell service, owner called.  No more questions, Defense- no q’s.

State calls Lt. Ben Gregory:  21 years Lt for city of Bend, assigned detective division.  Lt in 2010.  Rec’d call from Defendant, end of November, maybe 12/1- wanted to file a complaint vs. detective who unlawfully taken a pillowcase from residence.  Was not yet arrested.  Sgt. Kendel, arranged scent dog to track her, had arranged with Def, passed to Detective Jordan (surprised about complaint) Did report of incident, on how obtained scent sample.

State calls Tim Knea: Detective for city of Bend Police, police 10 years, 5 in Bend, obtained all phone records.  Ex#95-comprehensive summary of phone records, both Lori’s and Steve’s cell phones.  Missing person cases- used to locate them, in this case, observation.  Spec. date on 11/1/10 Lori’s cell ceased to make calls. PING from phone company, cell activity, cell sites being used & direction & distance from cell tower. Ex # 96 Power point presentation, ping records. 10/27-11/2/10 both phones, copy to jury.  Takes cell, on network, constantly looking for best reception/signal.  Cell outside of towers, drop calls, no signal.  Tell time and date connectivity to a cell, sectors of tower, date & time.  Can tell where tower is and which sector, plus distance.  ‘Cell face” (sector)  Sample record, has distance, site, direction, address, lat/long of tower.  Geographic/obstacles usually determined by phone co. Switch-given name.  Were not able to match up ALL calls.  Time on 10/27/10-real time SMS call detail-stopped-told at Verizon-
(Objection-Defense) Ping records, Verizon towers.
10/27-3 calls (5:48)  (11:46pm) Bend
10/30-Silverton-text-Steve-tower 262 9.3 miles from tower
10/31- phone 9:40 am, tower 333, 5.7 miles, in Silverton
10/31- 14:37 (2:37) pm-phone call-tower 174, Marion forks, steve’s cell
10/31-6:52 PM-rec’d call from 408-7820 to Steve.  .38m from 1060, area of Reed pub
10/31-7:10 pm- incoming to Steve, from same #, .8m to tower10.55, Reed pub.
10/31-8:09 pm-Steve called Rocky-Reed pub
10/31-8:21 pm- Steve called Mike Fridlund.
-Lori’s phone-
Incoming :32 seconds from Kelly Fletcher 20:58
20:59-outgoing call to Lori’s voice mail (tower 1060)
One minute later, incoming call to Steve from Kelly Fletcher, Reed pub.
9:18 pm-Rec’d steve’s phone- Reed pub, tower 1077
11/1-Bend area, Reed pub
From Lori’s phone, outgoing to voice mail, tower 1055,
? rec’d by Steves
20:37 Steve called Ron Blaylock

Last call from Steve’s cell to Lori’s cell  10/27  11:46 pm- ping tower 1039, call lasted 19 seconds.
No more questions.
Defense- wants to see Ex#95 (ping records).  How points determined, (Tim) re-explains earlier stuff.  How rough are they- cannot tell.  How do they estimate distance? Unknown.  No more questions.

Prosecution-Generally familiar with other evidence placing Def. Yes. Ping info consistent with other evidence. Yes.

Defense-Reed pub info came from particular tower

Prosecution-Particular tower, someone at Reed could access more than one tower.
No more questions.