Feb 5, 2015

"I know some of the things are not to be talked about in the community"

If you have been following the saga of the Rancho Sequoia murder on this blog, in day 3 of the trial for suspect Matthew Brown who is charged with the murder of Neil Decker, testimony continues to lean towards the defense opening arguments. Except for HCSO Sgt. Diana Freese who briefly started her testimony today, and Johanna Hames who testified the last two days, most prosecution witnesses and their testimony so far have helped the defense more than the People.

DDA Kelly Neel has a challenge of witnesses who seem to have amnesia about earlier statements when they are on the stand, who are non-responsive to questions, and who end up painting a sympathetic picture of Brown.

Then there is the issue of Decker's peanut gallery. Since Day 1, there have been two women and one young man in the audience. One woman is not a family member but a friend/community member and the daughter of a witness who testified favorably about Brown today, tends to draw a lot of attention and was the one ejected from the courtroom on the first day. Today, she and the young man glared at me since my posts yesterday about hallway conversations and their chatting with a witness.

Witnesses that are subject to recall should not be talking to others about the case. This was clearly stated by Judge Feeney when all these people were present. Whether any rules have been broken is yet to be determined but perception and the behavior of some Decker supporters and their absence in the courtroom certainly leads to some questions.

One witness, Brown's ex-girlfriend Kara Williams also known as Kessler was taken in privately for a few minutes before the courtroom was opened for the trial today. Witnesses starting today were now seated in a room, away from jury and others in the hallway. A bigger podium which prevents these supporters from making eye contact with the witness testifying was placed in the courtroom today and surprisingly, the young man and the woman  were not in the courtroom after the mid-morning break.

Conflict Counsel's Mr. Greg Elvine-Kreiss, who is Brown's appointed attorney, has asked several witnesses if they have been threatened about testifying or told not to say certain things and they have all said "no."

Today's hearing started off with Scott Johnson's and Neil Decker's friend and Brown's ex-girlfriend Williams ( also known as Kessler)  finishing her testimony.  Mr. Elvine-Kreiss resumed questioning her. She said "everyone had guns", even people who she didn't recognize but came to Johnson's property on and off.

"Are you in fear of answers you are giving?, asked Mr. Elvine-Kreiss.

 "I know some of the things are not to be talked about in the community," Williams responded.

"Has anyone told you not to talk about certain things?"

"No," said Williams.

Mr. Elvine-Kreiss then asked her that when she was talking law enforcement, did the other people tell her to hush. "Who would tell me to hush?" Then there was back and forth where she kept insisiting that no one told her to hush and that no one else was there with law enforcement besides her, until Mr. Elvine_Kreiss showed her the police report and her response. Then he asked her the question again and she just abruptly answered "no."

Ms. Neel's redirect instead of painting Brown in a negative light showed him to be truthful in telling Williams that he was seeing another woman, Sarrie Stillwell, who testified later today. Williams would quickly glance over at Brown in between her testimony and picking up on that, Ms. Neel asked her, "Is this difficult for you because you loved Scott Johnson and you were romantically involved with Matthew Brown?"

Williams' silence spoke louder than words.

On re-cross, Mr. Elvine-Kreiss asked Williams, "Is it difficult for you because you are scared of being ostracized if you testify?"

"It is difficult because I know a lot of things that don't want to be told," responded Williams.

Related post;

http://johnchiv.blogspot.com/2015/02/be-careful-what-you-say-about.html

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