court notes from 2-28-08
AM: The defense and prosecution discuss the instructions for the jury.
PM: The closing statements of the prosecution and defense.
2-28-08 am Briana Waters Trial
(this is a summary and not intended to be a complete transcript)
From 8:30 to 10:30, the lawyers suggested jury instructions.
10:45
Prosecution presented one rebuttal witness:
FBI Special Agent Christopher Ford who works out of the Seattle FBI office.
He was instructed by the prosecutors to drive from Ralph's Thriftway in Olympia to the Green Lake Bar and Grill (Inn?) in Seattle. He said it took him 67 minutes to drive the 68 miles at 60 mph.
He said that according to Naval astronomical records, on May 20, 2001, sunset was at 8:45 pm and civil twilight was at 9:24 pm.
He also looked into BW's Jan. 2002 hospital visit, which reported that she was at intake at 6:23 am and she was discharged at 10:20 am.
Prosecution: no further questions
Defense (D), Neill Fox, cross examination of SA Ford:
D: You took I-5 and exited at the NE 65th exit (Rovena)?
A: Y
D: You did not drive to the UW?
A: N
D: Did you keep your speedometer at 60 mph?
A: Y
D: Did you have gasoline or electronic devices in your car?
A: N
D: Are there traffic cameras along I-5?
A: Y
D: Are there other routes to get from Olympia to Seattle
A: Y
D: Do you know if there are traffic cameras on those other routes?
A: I don't know.
D: Are you aware if there was Tacoma Doem traffic on the night of May 20, 2001?
A: N
D: Were you aware that there was a Seattle Mariners game that evening?
A: No, I was not.
D: Traffic after ballgames is usually heavy on I-5, correct?
A: Y
D: Hwy 520 is an option, but you have to cross that bridge, correct?
A: I guess so.
exhibit (x) A216 flyer for a street fair in Seattle on May 20, 2001
D: Were you aware of this fair? Were you aware that oten they shut down streets during street fairs?
A: I'm not familiar with street fairs. I'm not aware of the traffic patterns on May 20, 2001.
xA217 webpage or flyer? about the street fair and road construction during May 2001
It described road construction in the UW area, including a shutdown of 50th St. and the reduction of I-5 down to one lane.
xA215 article form the 5-3-01 Seattle Post-Intelligencer describing backups on I-5, a couple of weeks of road construction, half the lanes on I-5 closed
SA Ford's driving times reported did not take these things into account.
Witness dismissed.
Prosecution case closed
Case closed
**
TRIAL NOTES 2/28 PM
2-28-08 PM
The jury is going to be told the rules of how to make their judgment this afternoon.
Prosecution: instruction 13a dealing with Robert Corina says he didn't lie under oath. We believe his testimony is for the jury to decide.
Fox: the facts are, he lied to a grand jury. He didn't remember about the car during the grand jury.
Judge: a brief recess to make changes to the instructions.
Jury leaves.
Judge: I've decided to remove 13a; the evidence is there for the jury to decide.
Fox: we "accept to failure to give" (after a long list of objections to the instructions)
Judge: are you ready to begin your arguments?
Defense and prosecution say yes.
The jury enters at 12:17 p.m.
Judge: the copy of instructions is available to you in the jury room. This decision is up to (Judge glances from jury to prosecution table and back to jury) you. (Friedman holds hands in prayer and fiddles with a paperclip.) Defense has pled not guilty and is not guilty until proven guilty. You need to find the accused guilty beyond a reasonable doubt.
-certain things are not evidence:
one), arguments and statements are not evidence.
2) questions and objections are not evidence.
3) testimony that has been struck in or you have been instructed to disregard is not evidence.
4) no evidence beyond the courtroom is allowed.
Indictment charges are for May 21, 2001.
1) Conspiracy 371 type 18.
-conspiracy to commit arson.
-using an incendiary device.
2) - Making unlicensed incendiary devices (incendiary bomb)
what is conspiracy? -- to more people in mutual agreement to commit a crime.
For Briana Waters to be found guilty, prosecution must prove beyond a reasonable doubt that conspiracy has occurred.
4) Briana possessed, or aiding and abetting with incendiary device (incendiary bomb)
Briana transported an unregistered incendiary device (incendiary bomb).
Destructive device-any incendiary device may be military into a region or homemade
grenade, missile, mine, bomb, gas, ____? A
5), charged with bombing of a building for state commerce.
6), using an incendiary device (incendiary bomb).
7) bombing of building to damage or destroy. Exhibits 781 - 85(pictures of burnt Center for urban horticulture).
Prosecution closing remarks.
This process must seem odd to you all, all the ins and outs. A trial is to find the truth. I'm going to tell you what you already know. We're here because Briana Waters, Bill Rogers, Jen Kolar and others conspired to commit arson, obtained a rental car, drove to Seattle and burned the Center for urban horticulture. I want to first focus on Lacey Philabaum. She came before you and testified. If you think she's a compelling witness with her attitude posture and demeanor, keep in mind she endured nearly a full day of cross examination." I bear no ill will towards Briana Waters, to anyone involved, to Justin Solondz... "
motive to cooperate? February 16 and 17th 2001, Friedman and Halla go to Eugene to see Suzanne Savoie and Chelsea Gerlach. They called Lacey Philabaum's father. Blah blah blah blah blah. You know how to tell when Bartlett is talking shit? His mouth is moving. Lacey Philabaum gave a proffer to us on February 21, 2002." It tells us tons of facts." Things we can come back up with physical evidence. Jennifer Kolar's calendar and "library" June 12. 1013c. hairnets were found for use in a clean room. Lacey's description of what the incendiary device looked like matches the one found at CUH. The conspirators made a pledge to not saying. Bill Rogers's book mentions the need to make a pledge in his pre-arson checklist. Briana Waters provided the rental car for the arson. She only nearby relative is Rob Corina. $200 cash deposit by Corina the week after the arson. The rental car had 237 miles put on it. Corina gave you a fairly detailed story "there's an implication that I am being kept from telling the truth, but if I or my wife were threatened. I would not capitulate... (cooperate. I would become exactly the opposite and be very difficult to work with.)" Why they Corina get the car for the weekend and drive to Otto's for bagels. The defense says that on January 21, 2002, 6 a.m. to 10 a.m. Briana Waters went to the hospital and Corina is confusing this with his story. I don't think Corina could be confused about this fact. Briana Waters borrowed Corina's cell phone. It's shocking how Corina's testimony is backed up by physical evidence. Corina made no other car rentals that year. 237 miles were put on the car. The week after the arson was the only time Corina made a $200 cash deposit.
Exhibit 735 of Justin Solondz's bank account. There was a $200 ATM withdrawal. The very day, February 19th the rental was picked up.
Exhibit 777, Corina's calendar
Jennifer Kolar-- her memory is suspect in some areas, but it is crystal clear that Briana Waters was there as a lookout on February 21, 2001. Exhibit 791, the contract with Jennifer Kolar, and FBI plea agreement. There were two arsons she was involved with. She had a motive to cooperate. She had a motive to identify Briana Waters. In December 2005, the house of cards was falling. It was time to tell the truth, but Jennifer Kolar isn't going to lie. If others are talking about who was involved in what.
February 4, 2006, road trip with agent Torres, Jennifer Kolar and agent Halla. Let's go to the Evergreen State College and drive around. She tried to find the soundproof room, where they had met previously but couldn't find it because of the construction in the library. All the way back to Seattle Jennifer Kolar told us about social interactions. Agent Halla said were thinking about talking to Briana Waters and Lacey Philabaum. Jennifer Kolar said, you should talk to Briana Waters, I think she'll cooperate. It's strange she doesn't remember Lacey and Justin were there, we can identify Briana Waters, positively.
Exhibit 740b, in New York Times article 1998, Briana Waters said, "as long as people don't get hurt then I guess I agree with it." Referring to the question, do you think arson and animal liberation are O.K.? Exhibit 614-- Manila folder with fingerprints on the folder containing articles. (The prosecution shows several pages printed literature with the print date in the corner and shows them on the video screen. One of them clearly said 10/04/01. Bartlett referred to the date as being January 4, 2001)
Exhibit 401a, printouts from the ELF website; literature found in Justin Solondz cabin; William Rogers literature at info shop in Prescott--- these things show that the conspirators were all socially together and held similar beliefs all based on each ecoanarchy literature.
During the watch mountain campaign, there was an office action, and someone said, "whatever it takes!"
Briana Waters gets William Rogers, a cell phone and he calls her more than anyone else on his cell phone. You all saw the graphs of when calls were not made. Photos of Justin Solondz, before and after a haircut. The only three times Waters used her debit card at Ralph's was before and after February 21, 2001.
Recall the jury instructions, number four tells you what evidence is. Number six consider only evidence that has been admitted to the court. The only things you can base your verdict on are testimony, exhibits, and stipulation. Number 16, government must prove guilt beyond a reasonable doubt.
Number 17. Multiple conspiracies? Only one conspiracy, as you look at the types of devices found and see them progress from less complex with a sponge and a jug of gas to more complex with a digital timer and road flare. This was one group that performed the above arsons.
Count 4 of indictment: possession or aiding and abetting of unregistered destructive device (incendiary bomb)
number 21. There are three kinds of destructive devices poison gas and explosive bomb and incendiary bomb. Number 22, (writer missed that one, sorry).
Number 24 count five of indictment damage or destroy property in building used in state commerce count six. U of Washington receives federal money to the amount of 5,000,000 for the College of Forestry.
Did this defendant aid or abet in the destruction of Center for Urban Horticulture?
Stan Meyerhoff saw Waters on March 16, 2006 and said it that she was innocent and uninvolved. Let's compare the initial notes of special agent Halla and special agent Torres. Both agree that Avalon organized the fire, and that Capitol Hill girl was there and that there was a lookout. Torres wrote in his notes that there was a punk boyfriend involved; they arrived in car/van. In agent Halla's notes the lookout was in the bushes with a radio.
In Lt. Priest's testimony recall his answers to the following questions. Were you interviewed by the police? Do remember telling anyone you responded at 4:15 a.m.?
Lacey Philabaum allegedly had an affair with Justin Solondz who he is a fugitive out of the country. There was a party at Ocean's house and Lacey visits Olympia. Is Jennifer Kolar, a spurned lover? And now is looking to get revenge on Briana Waters? I don't think so.
Imagine Jennifer Kolar and Lacey Philabaum on trial. Wouldn't they have similar character witnesses for the defense testimony?
Who has the greatest motive to live? This defendant.
You all took a vow to make the right decision and you will, I know.
We are a nation of laws, and everyone should be held accountable. I ask the jury to find the defendant guilty.
Defense closing statements.
Bob Bloom.
Good afternoon. Thank you for taking on the greatest undertaking. You can't convict on lies. I ask you to look past mine or Fox's mistakes and look at Briana Waters. The burden of proof is on the government. This is not about sympathy for Briana Waters. Certain things that Bartlett said, I must rebut.
-just think how please, the prosecution would have been if they had had the Ralph's receipt earlier, during the trial.
-Jennifer Kolar said they had met at Green Lake bar and Grill at eight or 9 p.m.
-Lacey Philabaum said they met at Green Lake bar and Grill in the late evening.
-supposedly the all the action in Olympia was at Conger Street, where the clean room was.
-unlike Jennifer Kolar and Lacey Philabaum, who burned down several buildings, Briana Waters doesn't have a reference point to figure out what she was doing on the night of the CUH arson
-the story Mr. Bartlett has told you comes from the mouths of Jennifer Kolar Lacey Philabaum and Rob Corina. There is only one question. Was Briana Waters involved in this arson at CUH? The government's evidence is on trial. Judge Burgess asked during the jury selection can you start from neutral. Consider Lacey Philabaum, which you want to rely on her word? Or Jennifer Kolar's? or Rob Corina's?
-one witness, that's not here because the government doesn't want him here, is Stan Meyerhoff.
-he pled guilty in Oregon case
-he has shown no reluctance to name people that were involved.
-when shown a picture of Briana Waters, he responded, "that woman looks familiar to me. But she wasn't involved in this arson."
-Jennifer Kolar said Lacey Philabaum wasn't at the arson. That's odd. She's the smartest one in the room or at lease one of them.
-there were other witnesses not called by the government. Chelsea Gerlach, Susanne Savoie, Kevin Tubbs, "Thurston", Jake Ferguson. The burden of proof is on the government. Why not call more people?
-there were five incubator meetings or book club meetings. Briana Waters wasn't at any of these meetings.
-why didn't the government call Kenny Clarke, who exchanged messages between Joe Dibee, and Jennifer Kolar. They didn't call Kara Larson, Rob Corina's wife. Rob Corina was waiting at home to return the car to the rental on Monday, February 22, 2001. He had a job five days a week 9-to-5. But at the beginning of his testimony he said they got the rental car so Kara could drive him to work because their bikes were in the shop. You can bet the government went to his work and asked if he was a work on the 22nd of February 2001.
-they also didn't call Spencer Moen, a punk boyfriend of Capitol Hill girl.
-they didn't call David Carr to verify that "Lacey Philabaum didn't tell the FBI. Anything they didn't already know.
-they didn't call anyone from the FBI to prove there had been an accident with the rental car.
-the FBI lab could have tested the car to confirm the damage and Lacey Philabaum claimed in her testimony.
Lacey Philabaum made a big deal, where using your own car was not acceptable in an action. Yet people drove their own vehicles to actions in the past. For example, Joe Dibee drove to Susanville, Stan Meyerhoff drove to Susanville, and Jennifer Kolar drove to the ray gun club.
-indictment one contains 25 overt acts. Ms. Waters is named in only one of the overt acts.
-a fire department's first response was, at 4:15 a.m. That was probably a typo. We are not out to say everyone is a liar.
-page 146 second days testimony, that's what you meant that nobody is going to jail because of you?
- Mr. Friedman told Kara about how her rental car was used at CUH.
-Lacey Philabaum said she spoke to her parents as her lawyers
-Lacey Philabaum's past information from the FBI, to his daughter. That's how the government got two stories to match.
-On December 16, Lacey Philabaum said to her lawyer the person that was a lookout was Briana Waters.
-on January 5, her lawyer tells Friedman.
-January 6, Friedman meeting, didn't talk about Briana Waters at that meeting or any others until 2006.
-Lacey Philabaum didn't mention Briana Waters, but identified five people as the participants of the CUH arson.
-int. December 16, 2005 agent Torres's notes with Lacey Philabaum
-int. Jennifer Kolar at Susanville was not sure of all the participants. But when talking about CUH. She was very certain about who was there.
-Jennifer Kolar doesn't remember Lacey Philabaum being at CUH.
-agent Torres takes better notes than agent Halla.
-Jennifer Kolar is a liar, and not to be trusted.
-Jennifer Kolar is a liar, and not to be trusted.
-she is not to be sentenced until after Briana Waters is sentenced.
-why would she lie to LEO's? Miss Waters rejected her and Jennifer Kolar's motive was to get back at Briana Waters. Remember how Lacey Philabaum at memory lapses while staying in Justin Solondz is bus. "Everyone knows it's a lie," said Bloom in regards to Lacey Philabaum testimony.
-why is it between January 6 and March 6 when there were seven meetings in three months. The government did not ask Jennifer Kolar about Briana Waters?
-if Kolar changed her mind.
-Jennifer Kolar committed 4 arsons
-another interview with Jennifer Kolar on February 4. Agent Torres and Halla took a road trip to Olympia. The notes read Jennifer Kolar:" I don't remember Lacey Philabaum, and Briana Waters being together. Briana Waters could not have committed the crime." In the final report, the Feds changed it to say" Lacey Philabaum and Briana Waters were not good friends."
-there is no lawyer client confidentiality for the tape she made of the ride with agent Halla and Torres to Olympia.
-no tape recorder for the interview on December 16. The FBI could have a tape recorder to use in the interview room to avoid confusion.
-Jennifer Kolar was facing life in prison. They are holding her sentence over her head. She has bought her way out.
-when Lacey Philabaum was first asked do you bear any deal will towards Briana Waters? Her response was- I have sympathy for all involved in this case.
Lacey Philabaum has lied to you in this courtroom
-she was at all of the book club meetings and had an alias-Reba
-proxy service, codes, Jennifer Kolar brought PGP to Santa Cruz book club meeting.
-Lacey Philabaum went to Justin Solondz's cabin and sat on the bed. This is not about their sexual relation, but the relation between Briana Waters and Lacey Philabaum
Bob: do you remember Bill Clinton?
Lacey: well if you're suggesting I gave him a blow job, well, I didn't.
"I didn't tell the Feds anything they didn't already know," Lacy said to David Carr.
-after this testimony are remaining testimony was filled by I don't recall/I don't know/I don't remember
-the meeting at Denny's was the first time Lacey Philabaum had met Briana Waters. Lacey Philabaum is lying. There was a meeting near Portland in February, where Lacey Philabaum was a facilitator. There was a party that night, where Briana Waters played her violin. How could Lacey have not noticed Briana? They also met at the law in the spring.
-Lacey Phil Baum lied and saw Briana Waters playing violin in the kitchen at the conger Street house.
-Heather Moore and Haila Silvertree both testified that Briana Waters was living in the garage of the conger Street house
-Lacey Philabaum said there was a clean room with incendiary devices, and in that Ocean was there.
-at the party and oceans house and on the Waters told Lacey Phil Baum off in the track, which she pretended to forget.
-having a car not related to the action is the lynchpin. According to Lacey Philabaum.
-Lots of people used their personal cars for actions -
- you cannot rely on people who have lied.
-Briana Waters is innocent.
-you have a great responsibility.
-Lacey Philabaum heard about Stan's arrest on December 7 in Virginia. But she was in no rush to turn herself in.
-Sarah Wald said Lacey Philabaum and Briana Waters met at E-Law
Lisa Phil Baum on direct examination: prosecution: I'm sorry, before the crime you left Olympia?
Lacey: yes, at some time we left for Seattle.
Prosecution: so you got there at the Green Lake bar and Grill at night?
Lacey: yes, that might have been when we got there (uncertain of exact wording).
-the Feds had the records from Ralph's Thriftway, the whole time.
-it may appear that this trial is for Justin Solondz, but it's for Briana Waters.
-Construction on I-5 and the Street fair in Seattle slowed the approach to CUH.
-Lacey Philabaum said they drove to the scene and Briana Waters was a lookout. But the manual said the lookout must get to the scene ahead of time by foot or bike.
-Lacey Philabaum said she talks to Jennifer Kolar in the bushes at the scene and she saw a bicycle nearby
-let's talk about Corina. After federal contact got a Waters contacted friends and family. She told them, the FBI may come around and ask questions. Tell the truth. Rob Corina did not listen. So he went to a grand jury. Now he tells stories. Olympia to Seattle is 140 miles round-trip. The whole purpose of the rental was because their bicycles were inoperable. He went out and made for credit card transactions during the time of the car rental.
-Kolar has lied about who was involved.
-the Thriftway document proves Briana Waters was in Olympia at 7:12 p.m...
-recall Miss Troxel's testimony during cross-examination-she responded to the prosecution, "you're grasping at straws."
-Tiffany Cutter, all the phone records, and graphs and Joe Dibee are all smokescreen.
-Recall the manila folder that Jennifer Kolar turned into the Feds. Miss Waters had no fingerprints on the articles. Justin Solondz had prints on the articles.
- (Bloom requests, 15 more minutes)
-they pressured Lacey Phil Baum to plea and cooperate. In another setting, they would be simply called bullies.
-Corina said that the day Briana Waters was supposed to get the car she didn't show up.
-Lacey Philabaum admitted to drug use. She is a very smart person playing dumb. Stan Meyerhoff said Briana Waters wasn't involved, but weeks later, when Lacey Phil Baum had to save herself, she needed to give up someone to save herself.
-do the right thing do not falsely accuse.
Rebuttal prosecution Andrew Friedman.
-Jennifer Kolar, Lacey Philabaum, Robert Corina, Ted Halla, and Tony Torres all need to lie to make the defense's story work.
-look at the evidence in chronological order.
December 05 Jennifer Kolar turned herself in. The folder of documents. Lacey Philabaum provided information to the Feds, Robert Corina provided info to the Feds, Briana Waters took the car for the night. The physical evidence corroborates with Jennifer Kolar's Lacey Philabaum's and Rob Corina's stories in a way that proves what they say is true.
-my god this man is disgusting!
-Sarah Wald saw Briana Waters and Lacey Philabaum at the meeting in Portland. They may have met during the two-day long meeting.
-Lacey Philabaum was in the courtroom in her prison clothes, because she was encouraged to dress as she was.
- (Friedman addresses the jury as gentleman despite the fact that there are seven women and seven men).
-Corina wouldn't make a car rental to drive downtown a few times to go out to eat.
-the defendant made for point-of-sale purchases at Ralph's, but none others during that time.
Judge: I will now remove two jurors. (The names are pulled from a wooden spinney thing and for all we know only had two names in it. One late twenties female who had seemed to have crush on agent Halla but been glad to be excused. One male about 30 years old with a beard was excused. Seemingly the two youngest of the jurors went bye-bye)
