Monday, June 13, 2005

Monday June 13th Court Watch

Trial began at 10:15 AM--an hour and 15 minutes late, due to a "transportation problem." William Dubois, attorney for Jose Merel, began his cross-examination of Jaron Nabors. He asked about Nabors' weight loss. Dubois seemed very interested, as if to imply that the weight loss was intentional--to illicit sympathy? Nabors testified that he weighed 150 lbs when Gwen was murdered, 205 lbs when he testified last year, and 170 lbs now.

Dubois is the new lawyer on the case, and he repeats questions over and over ( a tactic Mr. Serra seemed to realize might not have been effective last trial.) After deducing what Nabors weighed and when, he turned to Nabors' religious beliefs. Nabors' responded, "I wouldn't expect anyone to believe me because of my religious beliefs." Dubois-- (some sarcasm) "Are you living a 'Christ-like' life?" Nabors--"As much as can be possible...I don't expect it to mean anything to anyone else." Dubois then grilled Nabors for 30 minutes, with what seemed to most of us, a pointless debate about the meaning of the 23rd Psalm, his knowledge of it, and whether it refers to "a lost sheep, with a broken leg, who's strayed from God"--or not.

The questioning veered to what Nabors said to his lawyer, and several objections were made--most of which the judge sustained on the basis of attorney/client privilege. After this line of questioning went on for some time, DA Chris Lamiero asked if he could instruct the jury on the meaning of aiding and abetting, and what it means "to participate in a crime." The judge declined.

Dubois produced a small can of tomatoes, asks if it was similar to the can his client hit Gwen Araujo in the head with. Nabors said no, the can Merel used was bigger.

Interesting to note: Dubois always refers to Gwen as "Gwen"--not as "Lida," not as "Eddie." He is, after all, the new lawyer.

He questions Nabors about his testimony in the last trial, but Dubois only has a transcript "marked up" by his "predessor" (i.e. Merel's lawyer in the first trial.) It seemed odd to me that both Serra and Dubois don't seem to have any access to a copy machine, or admin assistants to make clean copies of transcripts for them...

The transcripts have Nabors testifying about the can and skillet used in Merel's assault. Nabors--"He (Merel) got a can and a frying pan from the kitchen, and that's what I'm still saying." Dubois brought out another prop--this time, a tiny frying pan. Again, Nabors notes that the pan is smaller than the one Merel used in the assault. Dubois seems to be laying groundwork to imply that Nabors struck her with something (a weight?) and not his client Merel.

Dubois moved on the describing Nabors' relationship with Merel as "commercial;" in other words, Merel sold him marijuana:
Dubois--"How often?"
Nabors--"Whenever the stars were alligned."
Dubois (apparently quoting from the musical Hair), --"You mean when the moon is in the 7th house?"
Nabors--"Something like that."
Dubois--"Grass brought you there?"
Nabors--"Yes."

Dubois stressed the affects marijuana has on memory, and how much he smoked over a 6 year period of time. Nabors acknowledged that pot affected his memory, "That's weed--there's something that you (used to) know, that you know that you know--but you can't remember it," but insisted, "...My memory was far from shot."

Dubois' main points, in short:
  • Pot affected Nabors' memory (was the can Rotel?) How far away was Nabors from Merel when merel struck Gwen?
  • Nabors promised his "friends" that he wouldn't tell what they had done to Gwen, but within hours, told someone--(another) friend Adam anyway. Why? Was he bragging? Was it his conscience? Both?) Ultimately, he led the police to Gwen's body, hoping for leniency, "a deal."
  • In his letter, Nabors didn't tell his "significant other" the real reason he went out that night (Nabors wrote his girlfriend that he was defending his buddies from"enemies," when, in fact, just wanted to "hang out.")
Although Dubois went on and on, and many objections were made, overruled or sustained, Nabors did well corraborating his original testimony. The props--the can of food and the tiny pan--seemed theatrically false--and they weren't the actual ones that Merel used to assault Gwen.

Does the jury know that?

Court recessed at 2:50PM, and I had to leave. I will be back tomorrow at 9 AM.
--Connie Champagne

5 Comments:

Anonymous Anonymous said...

TO BE HONEST WITH YOU I READ THE ARTICLE ABOUT DECEPTION AND TRUTH IS SHE WAS DECEIVING IF SHE WAS NOT LETTING IT BE KNOWN. THAT IS THE PROBLEM I HAVE WITH GAYS AND TRANSSEXUALS YOU THINK IT'S OKAY TO DECIEVE SOMEONE AND THEN WHEN YOU GET HURT YOU WANT JUSTICE. WHERE WAS THE JUSTICE WHEN SHE HAD OPPORTUNITIES TO SAY I AM A MAN.

11:04 AM  
Anonymous Anonymous said...

ANON, HOW STUPID. HOW SHE WAS GOING TO SAY SHE WAS A MAN WHEN SHE CONSIDERED HELSELF A WOMAN.
IT'S IRRELEVANT WHETHER SOME PEOPLE THINK IS DECEPTION OR NOT, NOBODY SHALL BE KILLED FOR SO CALLED DECEPTION.
WOULD YOU JUSTIFY THE KILLING OF A PERSON THAT WAS KILLED FOR THEIR RELIGIOUS BELIEFS, JUST BECAUSE THEY WERE NOT UPFRONT BEFORE HAVING SEX? (I.E, WHITE SUPREMACIST KILLS WOMAN AFTER DISCOVERING HE HAD A ONE NIGHT STAND WITH A JEW.)

MEN OUGHT TO TAKE RESPONSIBILITY FOR THEIR ACTIONS. NOT ALL BEAUTIFUL WOMAN OUT THERE ARE BORN THAT WAY. WHEN YOU APPROACH SOMEONE YOU MUST BE WILLING TO TAKE RISKS, AND YOU DON'T HAVE THE RIGHT TO USE VIOLENCE AGAINST A PARTNER BECAUSE THEY DIDN'T MET YOUR EXPECTATIONS.

4:08 PM  
Blogger Artemis said...

It is too bad that the DA has charged these guys with the wrong crimes. Jason Cazares did not commit first degree murder, and I doubt that the others did. It is definitely a hate crime, but the prosecutors have set the thing up to be lost. I think it would be a crime to charge Jason with first degree murder...when he even tried to help Lida at times.

10:34 AM  
Blogger wicked_girl said...

It's a shame that people at the party who sat back and did nothing aren't being charged with something here. Kind of reminds me of Amanda Milan and when she was murdered in the streets of New York a few years ago. Witnesses say the cab drivers and by standers stood by, applauded, and cheered as she bled to death on the streets.

artemis...you think they're charged with the wrong crime?? Well someone sure killed her, what makes you so convinced that it wasn't the people that beat her for a few hours? If you followed this from last year it was reported that Gwen offered Jason a couple of grand to save her, and the answer was obviously "no". So you tell me....did he help her?

2:53 PM  
Blogger Sophie said...

It should be against the law for these mistakes of birth to keep their gender secret from people concerning sex. If there had been a law, these men could have reported him for the crime and this filthy scum would have been arrested instead.

8:25 AM  

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