Day 8
November 7, 2011 Monday
Defense begins.
Jury Out- “Motion for acquittal”
Defense-
State has not shown motive, how she dies, where she died, forensic evidence lacks any significance. State has alleged intent- has not shown.
Prosecution-
Proof- how- Not required to prove how. Def admits killing her, and here in Deschutes County. Pointed out where he dumped her, is hiding evidence, clothes, all you need. Intend seldom has direct proof. Objective facts: Never calls police, self defense or missing, lies to everybody about what has happened to wife. Def omits most powerful motive-$$. 10/28 Lori had out documents on aunt’s estate, the day after he caused her death. Direct evidence she wanted out of marriage. She was breadwinner, preparing to divorce Def, powerful motive-intent. Competing inferences- State/Def- a jury does not engage speculation- inference to draw is for jury to decide.
Defense-
State must show act tied with intention. 10/27 Def hid body, lies, conscious of guilt, not establish he was conscious of murder. Motive- pure speculation doesn’t show prior to 10/27 Def knew he would inherit, no evidence.
Judge Adler – Denied
Prosecution- same process with Def’s witnesses as Def did w/pros.—‘No hearsay’.
Defense calls Linda Benton: from Oklahoma, knows Def 28-29 years, worked together at Mt. Bachelor in 80’s, rental shop 8 seasons, has socialized over the years. 89 or 90 left, kept in contact socially. 2010 Superbowl, was here in town staying at Riverside Motel. After Superbowl, got a call from a friend. Steve was upset and was coming over, showed up, he was upset, animated. Said Lori hit him over the head with a beer bottle while he was driving. Swollen around his neck, knot on head, scratch on neck and arms. He didn’t know what he did, couldn’t have kids around this, she gets angry and jealous. Kept repeating himself.
Prosecution-
How many times see Def in 2010, about a dozen- February and September, after Superbowl, police officer, had said he was highly intoxicated, separate superbowl parties, about an hour after Superbowl. No one else was there, didn’t witness the fight.
Pros- State objects to witness-“hearsay” based on claim of self defense- Def would have to testify, she personally saw nothing.
Def-8033,2 State of Mind, wants hearsay evidence allowed. Lori had tendency toward violence. 4042B Self defense claim. Evidence he was not first aggressor. Saying he was attacked on 10/27.
Pros-02/07/10 Not relevant- State of mind.
Objection overruled- Jury back IN
Linda Benton- Story from before. Added-He wouldn’t let me call anyone- wasn’t going to let him drive- He stayed the night ‘Like my little brother’. Stayed until she left for work to go get motorcycles to go riding with his son. In September, Mt. Bachelor 80’s party with Lori. No further questions.
Defense calls Kerry Kenecht: From Portland Oregon, family business, known Steve 25 years- Mt. Bachelor 3 or 4 seasons, socialized as well. ‘Close knit’ friends with Linda, on Superbowl 2010, drove back to Eugene after game, got call from Steve, knew something was wrong, he was panicky, wanted to know where she was. He was hurt, driving, told him to pull over, should call 911, he said he was bleeding, he was cut. Told him to call Linda & go there. Didn’t sound intoxicated.
Prosecution-
Been in contact since arrested, close relationship- sign ‘I love you’, Def would sneak out to go see her. Hug, kiss, friendly. 02/07/10- did not ‘see’ Def, so did not know if he was drinking, didn’t see injuries, told police Def said he was bleeding all over, would be surprised to hear there was no blood. Never witnessed striking Lori, recall when Def told everyone she walked away. Spoke with him after murder, 10/29/10- She says she was off all week, he doesn’t drink any more that us, had been drinking at Superbowl. No more questions.
Defense-
Never had sexual relationship, more like family/brother. No more q’s
Defense calls Nicholas Parker: Police, Sgt, Bend PD -11 years, was with Redmond, academy in 10-11/10, not detective, was on patrol, Craig- 11/02 informed about missing person, had been detective in the past. Interviewed Rocky. 11/02/10- 4:40- During Def’s interview, issues of domestic violence, how did Rocky describe. Was aware of a lot of incidences, both had different stories, injuries on Steve, never saw visible injuries on Woody.
Prosecution-
Rocky had also never witnessed altercations- Lori had told her she feared Def. On 10/31/10 did she indicate she saw a scratch on face? Yes. No further questions. Released
Defense calls Officer Eric Suppler: Police Academy, training, etc. Canine officer at Bend PD.
05/03/10- patrol for city. 2671 Genet Court, Def was at that address (looked different than today). Dispatched 911-Domestic violence. Lori stated- physical, beers thrown at her, has 2 to 3 domestic calls per shift. Look for certain things- physical injury. Walked up, no one there, didn’t hear anything, could see Def sitting at breakfast bar by kitchen, Spoke to Def, didn’t make a report. 911 phone call notes. Talked to both. No injuries on Lori, no one taken into custody, both were there when left. No more questions.
Prosecution-
Stood outside, 1-2 minutes, walked to open door & knocked. Def allowed in, but didn’t get up. Signs of intoxication, slurred speech, annoyed Police were there, arms crossed, short answers. Lori- went to find her, in bedroom down hall, master bedroom found her. She was in fetal position on bed, hysterical, crying. Didn’t see injuries, believed she had been drinking, slurred speech. She cooperated, she wanted him (Def) to leave, afraid he was going to hurt her. She said it was her house and she’s not leaving. Another officer was there. No further questions.
-break-
Defense calls Julia Bachofer: Nurse @ St. Charles- 23 years, lives NE Bend, neighbor of Lori’s 15 years. Friend outside of work, more when single. 11/04/10 interviewed by investigator. On phone, about Lori, asked questions about incident when she wound up at your (Julia’s) house. Prior to this conversation, saw Lori 10/23 at work, seemed fine, incident some months before, 6-12 months previous to conv. Lori showed up at house- she drove truck, light outside, Lori was composed, Steve had choked her to unconsciousness. She did not look for injuries, did not notice or look. She seemed normal, don’t recall saying Lori ‘over reacts’. No further questions.
Prosecution: Nurse quite some time, strangulation not her field. Don’t recall what wearing, she stayed the night (hadn’t done that before). Close friends. Lori said they had ups & downs. Had Lori confided in (Julia) about relationship? Objection-Defense-‘Hearsay’. Jury Out.
Had Lori described difficulties in relationship, yes, occasionally, Steve did not have a job, didn’t contribute and when he made $ he sent it to his kids. She implied difficulties, but didn’t say physical. Jury back In-
Pros Cont’d- Night of strangulation, didn’t say why they fought. She stayed the night, concerned for her safety. Statement to officer about ‘exaggerating’, did not think she was exaggerating at all. Would do things outside of work 15 years. When married, saw less often. Change after marriage? Yes, didn’t smile. At work extremely reliable, great pride in her work.
Defense-
Had never ‘seen’ them fight. No further questions.
Defense calls Detective Brent Crosswhite: Deschutes County Sheriff. 2010 assisted in case. Interviewed Julia Bachofer, had recorded it. Goals- When last seen Woody, prior incidences? Relayed info on- came to spend the night after Def choked her, said no marks or bruises, or change in tone etc. had tendency to exaggerate, or overreact, yes.
Prosecution-
When spoke with both of them, on phone (early stages missing persons) Lori had showed up after strangled to unconsciousness- Julia spoke mostly- said she was upset, crying. Lori had asked them not to call police. Relayed info to Bend PD. No more questions, excused.
Break till 1:30.
Defense calls Officer Mike Arrasmith: City of Bend Police 20+ years. November 2010, on patrol- doing investigation of missing person- spoke with Jeff Brown. Jeff called- asked for phone contact- Co-worker of Lori- provided info about conversation with Lori 2 weeks prior. Lori had said she called 911 cause Def choked her, he had been arrested. Writes reports to remember details later. Jeff said Lori said Def was upset, couldn’t buy firearms due to domestic charge.
Prosecution-
Additional info in report- Lori told Jeff Def was a severe alcoholic, blackouts. They (3 of them) met at Brother John’s for dinner, suggested seek counseling, Jeff was concerned, upset- memory of phone contact? Could he have ‘asked’ if she called 911, vs. saying she did call? Not sure. Def had children- went over Santiam pass regularly. No further questions. Released.
Defense calls Lenora Hill: Bartender, Reed Pub, 7 years. 21 years in Bend, came to know Def and Lori 5 or 6 years. Knew Def, had many conversations- some with Lori. Aware he got married, they came in and told her. Def was a ‘regular’, less often after marriage. Lori never came in as much as Def. Injuries-only after marriage. Scratches on face and neck, never seen on Lori. ‘Not a good one’- describing their relationship. No further questions. Released.
** Questioning this witness was like pulling teeth. He was NOT truthful.
Defense calls Rick Davis: Plumbing Contractor- Known Def since 1975, related to Terry Blaylock (close friends) met Def at Mt. Bachelor. Would see at family get togethers- hired him for construction on jobs, after Def was let go from Brian’s cabinets, laid off. Very good worker. Any signs of violence? No. Socialized at Reed pub once in a while. Met Lori, knew her few years, friend of a friend, weren’t close. Def lived with him 2 years ago, before married. Limited contact, met up for football games, dinners, bbq’s, few times Reed. Relationship-good most of the time. Lori would go silent, be upset, no idea what would upset her. Def would also get quiet, never saw them physically fight. Week of 10/25/10, Def’s work schedule, pretty busy, kept track of hours, can’t recall the following week, maybe couple of days. Typical day-7:30am to 4 or 4:30 pm. Lives just down street from Lori. Were working south of Sunriver (10/25 week) One day that week, saw Def’s injuries. Went out to pizza on Wednesday or Tuesday, treated Def to lunch., didn’t monitor his phone calls, recall injuries explanation-what happened to his glasses (that happened before). (Objection- State- Hearsay. Sustained) No further questions.
Prosecution-
Terry Blaylock, cousin to Def. Knew her since ’75, a little longer than knew defendant. Recall a conversation, about injuries on face. Didn’t personally observe how got it. Did Def tell (Objection-Defense) Jury Out-
Pros- Conversation about injury- on 10/27?, uncertain what day. ‘Lori had wigged out, walked out of home, hasn’t been seen since”. Objection overruled- Jury back In-
Prosecution- Week of 10/25 testified saw injury on Def, scratch on cheek. (showing picture) didn’t notice any other injuries. Had conversation, talked with Police 11/2- told them that’s what Def said on 10/28, Thursday. Relating to incident the day before, talking in person, at his house in AM. Said “Why haven’t you called the Police?”- Said 11/2 talking to Kendel, Def didn’t say anything. Doesn’t recall asking him that. Def doesn’t say Lori attacked him? He said “she went crazy” “it’s just a pattern”. Knowledge of pattern? Testified- never seen behavior, between then, physical. About 10/29 or 28, first conversation about Lori disappearing- didn’t say he strangled, suffocated, kill, dead body in the house decomposing? No. 11/2 Police-didn’t want to get Lori in huge trouble, thought she would show up- Lori always very friendly towards him, Def worked when available- Woody ‘Breadwinner’, if she kicked him out- he’d have nowhere to go? He had choices, options. 11/9- Police- told them ‘Def would have nowhere to go’. Had talked to Def about staying with him. Def, led to believe he had tried to call Woody. When he tried to call her, got old service VM. Doesn’t recall- Def saying if she doesn’t call, I’m not going to call. Talking to officers at house- had said that. He had said she took her phone. –Def still had stuff in his house, talked about coming to get it. “Steve was always getting kicked out of his house.” Told Detective Jordan, “Steve moving some property from residence cause the relationship was bad”. Particularly in October. Never told about previous strangling. Motorcycle trailer, always took over to valley. Have you talked to Def since in jail? 2 or 3 times. Wasn’t allowed to visit, written letters back and forth, didn’t turn them over to police. Didn’t think pertinent. In writing letters, discussing this case? Maybe briefly. Paul Blaylock- 1/2 dozen times over in past year, about this case, Jane Blaylock- (Objection-relevance-) Jury Out-
Prosecution -believes has communicated with Def anticipated Jane being called- impeachment. 12/2-letter confesses murder, written to Jane- tell about communications with Jane. Talk occasionally, how’s Def? Etc. Don’t talk about… Not sure of question… Communications about? Just how Def’s doing, brief. About this case? Just briefly, stories from paper. What did she tell you? That Def was lucky he wasn’t dead. She heard he was attacked, didn’t see or talk about letter, knew there was a letter. Got jist of it, suicide note. Conversation about Lori’s purse on phone? No About Terry Blaylock? Jane’s husband, friends +30 years. Learned about case, shaped his testimony? Terry discussions, very minimal, upset, try to keep it low priority in life. Talk to Jane more. Defense- No more questions. Objection overruled. Jury In-
Prosecution- Conversation with Jane Blaylock? “Yes”. How many? Don’t know, about 1/2 dozen. Written? No. Writing with Def? Yes. About 2 or 3 times. Did Def tell about purse? No. Discussion about those? No. Talked to Def investigators? Meeting with Mr. Spears very briefly. No further questions.
Defense-
What did we talk about? The 8 of us- told to be honest, saw what we know, tell the truth, the schedule, straight up. Demeanor- Lori towards Def. Hot/cold. Got along most of the time- silence from her. Observe- Lori- when Def around other women. She would go silent. Demeanor would change. No further questions. Remain under subpoena.
Contradictions: Talking about case, Discussions with Defense investigators, “No” to talking about schedule, then “yes”, also conversations with police.
Defense calls Cindy Wheeler: Bartender at Reed Pub- 5 years, since she worked there, knew Lori, Steve a ‘regular’. Prior to Lori see injuries? After marriage? Yes. Twice remember- bruising around face, contusion. (Objection-Pros-Hearsay, Did he tell or did you ‘see’?) Jury Out-
Defense-position? Ms. Wheeler, contusion, did he tell- no not specific- altercation between him & Lori. Subsequent incident- another injury. Cut on neck, can’t say when, looked fairly new. Tell how? Was at friends, sporting event, on way home, knife to throat while he was driving, demeanor- upset, contusion- upset.
(**Def had told Linda Benton Lori hit him over the head with a beer bottle while he was driving)
Prosecution-
Upset how? Frustrations with relationship, distraught, how manage relationship & make better. Upset? Depressed. Anytime see Lori strike or cause injury to him? Did not witness these. Objection sustained, Jury back In-
Defense-
After marriage, injuries? Objection-already asked- Contusion? Yes, cut on neck. Time of year, does not recall. (Objection-leading-sustained.) In pub together seemed happy.
Prosecution-
Calendar, date wise- week of 10/25-29 did see him. Mid-week. Conversation- there to see her- he bought ski’s from her for Marley for her birthday. Worked 3-4 days, T-F? When Def came then –injuries? Def skii’s- motocross with children. Had knee surgery. No further questions. Released.
(**Notice this witness- gets recalled day 9, has changed story, seems like she was led by defense team to tell a HUGE lie, that is later stated by Pros team in closing statements. Unbelievable!)
Defense calls Patricia Lassiter: Mt. Bachelor, 4 seasons, knows Steve 25 years. Met at Mt. Bachelor, co-workers. Socialize with Def annually, once a year- camping, maybe 1 time @ Reed Pub. After married-knew Lori through him, camping, Labor Day weekend. 08/10 for 10 days. Went to concert in Portland, so left camp after 5 days, came back 5 more days. Physical injuries on Def? Yes, after concert. Marks across face (like ran into a tree) (Objection to ‘his response’, sustained.) Lori- had no issues at camp, camped right next to them. After camping, met at her house, Patricia has Crone’s disease. Did Def ever come to you after incidents? “I believe so.”
No more questions.
Prosecution-
Time in October. 9-15 in hospital, had plans with Lori- had to reschedule, couldn’t reach her. (10/27 meeting) before noon (her first day off). Ex#204-+. After 10/27- learned following Monday, Def asked if seen Woody, she’s missing. Later on talked- wife missing-No other details. No more questions-released.
Recess until tomorrow 8:30.
