Both the prosecution and defense presented compelling opening statements in the Ulisses Rodriguez trial. They finished a few minutes ago and the prosecution is calling witnesses.
The first witness is from CALFire. He left in a few minutes.
There were delays before today's court session could even start. I heard family members talking about specifics of the case in front of the jurors before the courtroom opened. Judge Gregory Elvine-Kreis talked with family members privately. After that there was a missing female juror who never showed up or communicated why. After attempting to reach her and several minutes, Juror #6 was replaced with an alternate male juror. Judge Elvine-Kreis read standard initial instructions to the jury.
FBI agents, CAL Fire; former HCSO Sgt. Diana Freese and former Second District Supervisor Estelle Fennell are some of the witnesses. 40 to 50 potential witness which include many DA investigators, HCSO detectives and deputies. There were a lot of resources put in this case from DNA analysis to law enforcement.
Charges were amended recently. Count 1 murder. Count 2 murder. Count 2 has one special allegation of using firearm during the commission of a crime and another special allegation of multiple murder victims. Count 3 is criminal threats with a special allegation of using a firearm during the commission of a crime. Count 4 is arson.
Rodriguez turned down an offer made by the People on January 18.
If you read my previous posts, there is information about 2019 arrest for John Doe and a probation search and investigation for another witness Randall Reese. There are some rulings on motions in limine.
Victims are Tiffany Marie Ellebrecht and Jeremy Dieter Kuemmel.
Family members were in court. Before the courtroom opened; statements about the case were made by family members in the presence of the jury.
"It has been a long time coming," said one man. "Another woman said she made the ID long before I gave the DNA. "
Ms. Andrea Sullivan is Rodriguez's attorney. Deputy District Attorney Luke Bernthal is the prosecutor and Deputy DA Trent Timm is second chair for the case.
John Doe and Roeiciano "Chano" Sanchez are the two witnesses who worked on the grow site with Rodriguez and the victims. John Doe is represented by Ms. Kathleen Bryson.
Mr. Bernthal said his opening statement was not a comprehensive view of all the evidence because it would take all day. He was going to talk about some of the witnesses and how the investigation would develop.
"On August 14, 2018 , around 8 p.m. on Briceland Road near Ettersburg Junction, civilians see a vehicle on fire," said Mr. Bernthal. Civilian witnesses called 911 about the green Ford Expedition.
"The fire department puts the fire out and sees two dead bodies. The Humboldt County Sheriff's Office gets involved. HCSO does investigation."
Forensic pathologist Dr. Mark Super testified Kuemmel had three gunshot wounds "to the back and "penetrated his lungs and heart."
Ellebrecht also had three gunshot wounds; "technically had 4 gun shot wounds," said Mr. Bernthal.
The day after the bodies were discovered, John Doe came forward and gave a statement. Doe and "Chano" Sanchez also gave a statement. Both of them and the victims worked at a grow site.
Doe said marijuana plants were missing. Rodriguez, their boss told the victims to leave and not come back. Doe claims Rodriguez said something bad would happen if they did. Kuemmel and Ellebrecht came back. Doe and Sanchez were at another part of the grow site. They heard arguments and gun shots. Doe said Rodriguez asked for help to dispose the bodies. "There was difficulty in moving the bodies. The tow chain was wrapped around the victims to drag them to the back of the seat.
Shattered glass, burnt electronics, blood splatter was found by HCSO.
Mr. Bernthal ended his opening statement by asking the jury to hold Rodriguez accountable on all charges.
"It has never been the law of the land and shouldn't be the law of the land that whoever gets an attorney first doesn't get prosecuted," is how Ms. Sullivan started her opening statement.
"The witnesses enlist a local attorney the day after the incident," said Ms. Sullivan. "This attorney was able to elicit favorable treatment."
Regarding Doe and Sanchez, Ms. Sullivan asked this question, "They ask this person who brutally murdered two people if they could go home and not call the police?"
"The prosecution is asking you to turn suspicion into proof beyond a reasonable doubt."
"Where is the physical evidence of marijuana theft?"
Ms. Sullivan said defense forensic expert Nikolas Lemas will testify that fatal/toxic levels of meth were present in victims' bodies. "Did meth play a role in the victims' deaths? The victims were homeless. How did they get so much meth? How did they pay for it?"
Ms. Sullivan asked the jurors to critically examine the evidence. She said there was a connection between the witnesses and Rodriguez was the "odd man out."
I am not covering the entire trial and every witness. There are a lot of witnesses and a lot of information that has to do with chain of custody; technical procedures; witnesses talking about circumstantial evidence.
While the jury needs to hear all the evidence; I am not covering 10 or 20 witnesses saying they saw some guy who looked like Rodriguez or everyone who called 911 or a deputy testifying how he collected and booked items seized into evidence. By the time statements were given, there was information out on in the news and social media. How do we know it did not influence civilian witnesses and their testimony as well as what Doe and Sanchez said later?
The People do not have to prove a motive but they are claiming the marijuana theft theory. If all they have is the testimony of two witnesses who have plenty of reason to scapegoat Rodriguez and save their own asses, then it comes down to who and what the jury believes.
The People also have to prove murder and that it was not voluntary manslaughter or self defense. The disposing of the body and fleeing is a problem for Rodriguez.
It does not sound like there is an eye witness so it is going to come down to the credibility of two witnesses who worked at the grow site who heard gun shots and arguments and Rodriguez's side of the story. That is if Rodriguez testifies. Any case involving marijuana, meth and especially in Humboldt is complicated; full of shady characters and a pain for the prosecution and defense.
Recent posts have information on motions in limine and witnesses.
Recent posts:
https://johnchiv.blogspot.com/2022/01/one-day-and-12-jurors-already-finalized.html?m=1
https://johnchiv.blogspot.com/2022/01/jury-selection-to-start-tomorrow-in.html?m=1
https://johnchiv.blogspot.com/2022/01/quarantine-amended-complaint-and-more.html?m=1
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