Saturday, March 8, 2014

Testimony from Day 3

The third day of the trial began with the following motion in limine prior to the jury coming into the courtroom:

Mr. Duncan moved to restrict testimony regarding Chris’ alleged efforts to save his marriage because it will be hearsay. Testimony will show that Chris made persistent efforts, while Patricia was resistant and resentful. Mr. Allison argued that such testimony speaks to the motive of Patricia to kill her husband.
  • Motion denied. Hearsay objections can be made by the attorneys during the actual testimony, if needed.
After lunch, before the jury was brought back into the courtroom, Mr. Allison addressed the court because he wanted to make sure he disclosed amounts paid to the witnesses for the trial. He said that he was required to pay witness fees, but the amounts were the statutory amounts required by law. He also said that during the crime scene reenactment with Amber Lubbers on May 15, 2013, Detective Jeff Moser bought lunch for Ms. Lubbers. This information was accepted by the court with no objections from Mr. Duncan.

The first witness of the day was Geoffrey Kirkpatrick, Police Detective, Medford Police Department

Detective Kirkpatrick has been working for the Medford Police Department for 11 years. He stated that his supervisor, Detective Sergeant Josh Reisner, asked him to attend a missing person briefing on November 20, 2012, which included officers from Siskiyou County Sheriff's Office, Jackson County Sheriff's Office, Oregon State Police, and Medford PD.

Mr. Allison asked him what happened during that meeting and Detective Kirkpatrick said that notes were taken by the different officers and reports were generated. He said that the information discussed is only released to the investigators, not to the public and not to the witnesses. By keeping the information confidential it can be used to corroborate the information received during interviews.

Detective Kirkpatrick said that he and Detective Bryan Scott interviewed Patricia the evening of November 20, 2012, at her home, 1492 Clearsprings Drive, in Medford. At the time of the interview, they knew that a tent had been found at a campsite along the Applegate River, which appeared to have a body in it. They did not share that information with Patricia. They told her that they were still working on the missing person report that she had filed on Monday, November 19, 2012.

Patricia told the detectives that she, Chris, and Amber Lubbers had gone on a camping trip on November 16, 2012. She called Amber her sister multiple times. She and Chris dropped off the children, ran some errands, and picked up Amber. They stopped at the Ruch Market and then drove down to the campsite. They had sandwiches with them and three bottles of alcohol, one for each of them.

They were planning to stay in a tent, which Patricia described as an 8-person tent, with some red color. Patricia said that they drove to the campsite on the afternoon of November 16 and arrived around 2:00 to 2:30 PM. It was sprinkling and cold. There were no other people in the area. They saw a pickup drive by on the road, but that was all.

They had six sleeping bags (they were planning on using two each, placing one inside the other), the tent, two self-inflating turquoise sleeping mats, and a hatchet. They brought some wood and were planning to gather some more. They had some black parachute cord and a lantern. They also had a Springfield 911 DMT pistol and two magazines, with 7 rounds in each magazine.

Patricia told the detectives that when they got to the campsite they set up camp and looked for firewood. Then they went down to the falls and took some couples pictures. Then they ate and drank and got into the tent and into the sleeping bags to keep warm. She said that there was no cell phone service at the campsite.

Patricia told the detectives that she and Amber left the campsite after dark. When they left, they left camp chairs, a pile of firewood by the tent, and two one-gallon jugs of water. She said that Chris was wearing a black leather jacket, a thermal-type shirt, and a dark grey t-shirt. She told the detectives that when she left Chris--on a scale of 1 to 10 (10 being worst)--his intoxication level was about a 3.

Before they left, Patricia said that she gave the pistol to Chris and that the pistol was loaded with one of the clips. She said that Chris put the pistol in his pocket. Patricia said that she and Amber came home first and then went to Jack in the Box for something to eat.

Patricia told the detectives that she and Amber drove back to the campsite the next day, Saturday, November 17, 2012. She identified the campsite by the pile of rocks where the road splits off from the main road and that she walked down to the waterfall to make sure she was in the right place. She stated that she was 100% certain she was at the right campsite. She told the detectives that there was nothing there. All the equipment was gone, including the firewood and the water they had left.

Patricia told the detectives that she had a good relationship with Amber and that she trusted Amber more than she could say. She said that she and Amber once had a fight over a boy, but that was when they were 14 years old.

Patricia told the detectives that Chris worked for the FTD call center and for the Checker Cab Company. He worked for FTD from 4:00 PM until 12:30 (this was incorrect, see below) and the cab company from 6:00 PM to 4:00 AM. She said that he had taken some time off so he would have a 4-day weekend. She said that he had gotten home at about 4:00 AM on November 16, 2012, the day of the camping trip.

Patricia said that she had reported Chris as a missing person to the Jackson County Sheriff's Office and that she had spoken to a Deputy Biddle. She said that she and Chris had moved back in together on September 7, 2012, and that she had been dating for a few months, starting in June 2012. She said that Chris was a good person. She said that they had some arguments but that there was no domestic violence in their marriage. She also told the deputies that Chris had martial arts training and that he was a third-degree black belt in Tai Kwon Do.

During the interview, she gave the detectives a box of .40 caliber ammo, an empty ammo clip, and the empty gun box, all belonging to the gun she said she had left with Chris. There was a single, loose round inside the gun box. Patricia said that in the past, she had used the gun for target practice.

Patricia said that she had been to the campsite multiple times and described the location to the detectives precisely. She also gave Amber's phone number to the detectives.

She also said that her daughter had found Chris' cell phone in the console of her car, but didn't know where Chris' wallet was. She described the wallet as a black cardholder.

Mr. Allison asked Detective Kirkpatrick if he was the lead investigator during this interview and he said that he was not. He said that Detective Bryan Scott was the lead, although he did ask a few questions. He said that his job was mostly just to observe the witness.

Mr. Allison placed the box of ammo, the extra clip, and the box that the gun had come in into evidence.

Mr. Duncan's cross examination of Detective Kirkpatrick

Mr. Duncan asked Detective Kirkpatrick about what Patricia had told him about Chris' work schedule at the FTD call center. During his testimony, Detective Kirkpatrick had said that Chris worked from 4:00 PM to 12:30. After checking his notes from the interview he corrected the time to 4:00 AM to 12:30.

Mr. Duncan asked Detective Kirkpatrick if Patricia had brought the ammo box, extra clip, and gun box to the detectives voluntarily and he said that she had.

Mr. Duncan spent quite a bit of time asking about the difference between a regular wallet and a cardholder.  This discussion didn't have a definite conclusion and didn't seem to have a real purpose.

He asked Detective Kirkpatrick what Patricia had said about the arrival time at the campsite and he reaffirmed that she had said 2:00 to 2:30 in the afternoon.

Mr. Duncan asked Detective Kirkpatrick if a cell phone would still work, even if there is no cell phone coverage. Detective Kirkpatrick said that you could still play games on the cell phone and type messages, although you couldn't send them.

He asked Detective Kirkpatrick about the thermal shirt that Patricia said that Chris had been wearing at the campsite, but didn't elicit any additional information about it.

Mr. Duncan asked Detective Kirkpatrick if Patricia had told the detectives about how much firewood they had brought to the campsite. Detective Kirkpatrick said that he didn't know if that fact was covered in the interview.

He asked Detective Kirkpatrick about what Patricia had said about domestic violence. Detective Kirkpatrick repeated that Patricia had said there was no domestic violence in their marriage.

Mr. Duncan asked if Detective Kirkpatrick knew where Amber Lubbers lived. Detective Kirkpatrick said that he did not.

Mr. Duncan said that .40 caliber and .38 caliber ammunition was just about the same and asked Detective Kirkpatrick if .38 caliber ammunition could be used in a .40 caliber pistol. Detective Kirkpatrick replied that he didn't know if it could or not.

Then Mr. Duncan spent quite a bit of time asking Detective Kirkpatrick about the difference between different types of .40 caliber ammunition, in particular between hollow point and target ammunition and the amount of damage that one would cause compared to the other. Detective Kirkpatrick several times had to say that he was not a ballistics expert and couldn't testify to what Mr. Duncan was asking. This line of questioning didn't seem to come to any definite conclusion.

Mr. Allison's redirect of Detective Kirkpatrick

Detective Kirkpatrick said that in the interview Patricia had told the detectives that Chris did strike pillows and walls when angry, but never her or the children.

Mr. Allison asked some more questions about the cardholder that Chris carried as a wallet. Detective Kirkpatrick reported that Patricia said it held credit cards and his ID.

Mr. Allison also asked for more detail about the thermal shirt. Apparently, it was a white, long-sleeve thermal shirt worn under Chris' t-shirt.

Finally, Mr. Allison asked Detective Kirkpatrick if the bullets in the ammo box that Patricia gave the detectives could kill people. Detective Kirkpatrick said that, yes, they could.

The second witness of the day was Travis Lee, a crime scene officer with the Oregon State Police

Officer Lee reported that he assisted Siskiyou County Sheriff's with what began as a missing person case, which he worked on from November 21, 2012 until November 29, 2012. He said that he never went to the campsite where Chris' body was found.

His involvement in the case began with a briefing at the Central Point Police Department, where he was assigned to go to Sherm's Food 4 Less in Medford. (Central Point is a city just north of, and adjacent to, Medford.) He spoke with the loss preventions officer at the store and asked for the surveillance video covering the time period that Patricia had said they visited the store before leaving Medford for the camping trip. Officer Lee reported that they were able to obtain both a picture showing Chris, Patricia, and Amber in the store together and a printout of the receipt for their purchases. These items were shown to the jury and accepted into evidence.

Both of these items were dated and time-stamped. The date was November 16, 2012. The jury saw the time when the two items were given to them, but it was not spoken out in court, so we didn't hear what the time was. It had to have been around noon to 1:00 PM. The items purchased on the receipt were also not spoken out, so we do not know what they were. Maybe we will find out later in the trial.

After gathering this evidence, Officer Lee went back to Central Point to share them with the other officers involved in the case.

Officer Lee said that next was asked to go to the Checker Cab Company along with Officer Fitzgerald. There he spoke with the owner of the company who gave him copies of Chris' employment application and work schedule.

The detectives then went to the FTD call center, where they received no cooperation at all.

Mr. Allison asked Officer Lee what their purpose was in going to Chris' places of employment. Officer Lee said they wanted to talk to anyone who knew Chris to find out if he had any enemies and to discover who his friends were so that they could get more information about what had happened to him.

Later on November 21, 2012, Officer Lee went with Detective Elzy to interview John Singley, Patricia's father. They told him that they were trying to find Chris.

Mr. Allison asked Officer Lee what he knew about the case so far. He said that he knew that they had recovered a body, which was likely to be Chris', and that the victim had died from multiple gunshot wounds. He also knew that they didn't have an ID, yet. Officer Lee said that they kept that information private and did not share it with any of the witnesses.

Officer Lee also reported that he was present on November 22, 2012, at the search of Amber's and Patricia's homes.

After lunch, but before the jury came in, Mr. Allison's office brought in a large box, so large it had to be carried by two people into the courtroom.

The jury was brought in and Mr. Duncan said that he had no further questions for Officer Lee.

Mr. Duncan's cross examination of Officer Lee

Mr. Duncan had just one question for Officer Lee. He asked him if the work schedule for Chris was, at the time, the current work schedule. Officer Lee said he believed it was.

Next witness: Shawn Center, assistant manager and cashier at the Ruch Country Store

Shawn appeared to be a rather simple guy, as might befit a grocery clerk in a rural country store. Mr. Allison asked him if he remembered two detectives interviewing him on November 29, 2012, asking him about three people. He said that he did. He said that at the time the detectives showed him a picture of a man, but he couldn't remember if they gave him a name.

Mr. Allison showed him the picture from Food 4 Less showing Chris, Patricia, and Amber. Shawn said he couldn't be sure if they were the same people. He said he remembers two girls and a guy and thought that they might have purchased some firewood.

Mr. Allison asked Shawn if he remembers that they came in together or left together and he said no, he couldn't be sure.

At one point, when Mr. Allison showed him a picture of Chris, Shawn said that's the victim.

Mr. Duncan's cross examination of Shawn Center

Mr. Duncan asked Shawn if he had followed the news reports after the shooting and he said that he had. Mr. Duncan asked him if that's how he knew the victim and Shawn said yes, that is how he knew who he was.

Next witness: Detective Bryan Scott of the Oregon State Police

Detective Scott has been with the Oregon State Police for 12 years and a detective for 7½ years. He received his first briefing on the missing person case on Wednesday, November 20, 2012, and assisted with the case through the following Saturday, November 23. His first assignment as part of the task force was to interview Patricia with Detective Kirkpatrick, the evening of November 20.

He reported that he returned to Patricia's home the following morning, November 21, 2012, at about 10:00 or 10:30 AM and stayed at her home for half an hour. He told her that they had located a tent at the campsite and that there appears to be someone inside, but they hadn't verified who it is yet. Patricia told him that it couldn't be Chris because he knows Tai Kwon Do.

He called Patricia later that day, about 6:30 PM, and told her that the body had been identified as Chris. He asked her and Amber to come down to the police station to be interviewed.

On the evening of November 21, 2012, at about 7:00 or 7:30 PM, he and Detective Randall of the Siskiyou County Sheriff's Office conducted a thorough, 2-hour interview with Patricia. Detective Scott said that he was present during the first hour of the interview. During the interview, Detective Scott told Patricia that in his experience with crimes such as this one, she and her sister are the most likely ones to be involved. According to Detective Scott's transcript of that interview, Patricia told the detectives that Chris smoked Camel cigarettes and had a lighter with him and they had stopped at the country store in Ruch.

She said that they took the following and left them at the campsite: an 8-person tent, black parachute cord, a red, Coleman lantern, sleeping bags, a clothes bag/backpack, two turquoise sleeping mats, a weapon and two magazines, firewood.

She said that there was no cell service at the campsite.

Patricia told them about Samantha, or Sam, a girlfriend that Chris had during the time they were separated. Patricia said that Chris had given Sam his old cell phone and that Sam was paying Chris for her portion of the bill.

Patricia told the detectives that Chris was working for a cab company. She said he had a 4-day weekend and that his last shift was on Wednesday. She said that he split the income from the cab company 50/50 with Patricia and that was her spare change.
    Patricia said that Chris was a very private person and that she didn't know his friends all that well. She said that he liked to hang out with girls more than boys. About her own friends, she said that she preferred to hang out with men more than with women.

    During the interview, Jeremiah Hills' name came up. Patricia said that she had a rather extreme relationship with Jeremiah during the time that she and Chris were separated. They had a sub/dom relationship and Jeremiah was her protector. She said that Chris didn't like Jeremiah and that they had a non-physical altercation at her home. Chris told Jeremiah that he had no respect for women, because he made them wear a dog collar and Jeremiah called Chris a deadbeat dad. Patricia told the detectives that she had not had contact with Jeremiah since September 7, 2012, when she and Chris reconciled. She said that Jeremiah was not a physical threat and that he didn't know that they were going camping, so he couldn't have had anything to do with Chris' murder.

    Patricia told the detectives that on Saturday, November 17, 2012, she and Amber Lubbers drove back to the campsite to pick up Chris. She said:
    • They both got out of the car and walked around the campsite.
    • They found nothing there.
    • They walked down to the waterfall.
    • The campfire was out and it looked like someone had stomped on it.
    • They looked for evidence and found nothing.
    • They were 100% sure they were at the right place.
    The detectives told Patricia that they had been to the campsite and there were things there that she and Amber couldn't possibly have missed. Patricia maintained that she and Amber were at the right campsite and nothing was there.

    When asked, Patricia told the detectives that she had left the gun with Chris. She had loaded it with one of the clips, which held 7 rounds, and put it on safety. She also left the extra clip, with another 7 rounds, with him.

    Mr. Allison asked Detective Scott if Patricia talked about a threesome between Patricia, Chris, and Jeremiah. Detective Scott said that did not come up during the interview.

    Mr. Allison asked Detective Scott what they had told Patricia about Chris. Detective Scott said that all we had told her was that Chris had died a violent death. He said that during the interview, Patricia did not ask what kind of violent death it was or if some other person was involved.

    Mr. Duncan's cross examination of Detective Scott

    Mr. Duncan asked Detective Scott his notification of Chris' death to Patricia was on a tape or transcript. Detective Scott said not it wasn't.

    Mr. Duncan asked Detective Scott what the difference is between a dog collar and a necklace. He went on to ask several questions along this line, trying to make the collar sound more acceptable and more like a necklace; a symbol of protection.

    Mr. Duncan began to ask about the two searches of Patricia's home. Mr. Allison objected because the searches were not covered in the original testimony. The judge sustained the objection.

    Mr. Duncan asked Detective Scott if by Samantha, he meant Samantha Adams. Detective Scott said that he wasn't sure. Under further questioning about Samantha, Detective Scott said that in the interview, Patricia reported that Sam had bad credit and that it was cheaper for Chris to give his old cell phone to Sam than to turn off the service. Patricia said that Sam was Chris' ex-girlfriend and that they had not been engaged.

    Mr. Duncan asked Detective Scott if Patricia said that she had gone out to the campsite looking for tent poles and pegs. Detective Scott said that each and every time she was asked, Patricia said that she didn't find anything at the campsite and that she was certain she was at the right one.

    Mr. Duncan then asked Detective Scott if Patricia had changed any of her answers during the interview. Detective Scott said no, she had not. Mr. Duncan said that isn't it true that when people lie one of the ways you can tell is because they will change their stories. Mr. Allison objected and Mr. Duncan did not continue that line of questioning.

    Mr. Allison's redirect of Detective Scott

    Mr. Allison asked Detective Scott what time Patricia said that she and Amber arrived at the campsite. Detective Scott said that Patricia had told him that they had arrived around daybreak, before the sun was fully up. Patricia also told him that she has particularly good night vision and could see the falls and the fire pit. Patricia said that it was light enough that she should have been able to see any tent components that were left at the campsite.

    Mr. Allison asked if Patricia had said the tent was hers. He said that he couldn't remember but he did remember that Patricia described the tent in good detail.

    Mr. Allison asked Detective Scott if a dog collar is a necklace. He said no, it is not. He also said that during the interview, Patricia had called it a collar and had said that Chris called it a dog collar.

    Mr. Allison asked Detective Scott how Patricia looked when he asked her about Jeremiah Hills. Mr. Duncan objected to the question because it was something that had not been covered during the direct examination. Judge Dixon sustained the objection. Mr. Allison tried three more times, asking the question in slightly different ways, to get Detective Scott to describe how Patricia appeared when she spoke about Jeremiah Hills during her interview. Each time Mr. Duncan objected and each time Judge Dixon sustained the objection. Finally, he gave up on that line of questioning.

    (Later that afternoon, after the trial was over for the day, Mr. Allison met with me and my family and we asked him why Judge Dixon didn't allow him to ask that question. He told us not to worry and said that it had worked out perfectly. He said that later on in the trial, when Sergeant Randall takes the stand (Day 12), he will ask that same question again and the jury will be sitting on the edges of their seats waiting to hear the answer.)

    The final witness: Bonnie Mortensen, Forensic Technician, Siskiyou County Sheriff's Office

    Ms. Mortensen testified for about an hour at the end of Wednesday, in the morning and then in the afternoon on Thursday, and finished her testimony Friday morning--the week of November 18, 2013. Because of that, I put all of her testimony together in a single post: Bonnie Mortensen's testimony

    Motions in limine

    Once the jury was dismissed at about 4:00 PM, the judge heard more of the motions in limine. These included:

    1. A letter written by Patricia to Jeremiah Hills.
    • The judge had just been given the letter, so she postponed her decision until Friday.
    2. Mr. Duncan moved to exclude the testimony of Kris Lubbers because it is hearsay.
    • Motion denied. The judge said that she would decide what is hearsay and needs to be excluded during the testimony itself.
    3. Mr. Duncan moved to exclude the information about a bullet that was found in a tree at the campsite. This bullet was inconsistent with both Patricia’s handgun and the one, intact bullet recovered from Chris’ body.
    • Motion granted.
    4. Mr. Duncan moved to exclude testimony saying that Patricia test-fired her gun at a tree. Mr. Duncan objected to the word “test”. He felt it was inflammatory because it implied that Patricia was planning to use the gun later that day.
    • Motion denied.
    5. Mr. Allison moved to exclude testimony that Patricia said Chris had invited some of his friends to go camping with them.
    • Motion denied. This would be allowing Patricia to testify by proxy, without her taking the witness stand.
    6. Mr. Allison moved to exclude testimony that Patricia said that an FTD call center employee told her that Chris had told the employee that he was going to go camping with his ex-girlfriend.
    • Motion denied. Such testimony would involve multiple levels of hearsay and would allow Patricia to testify by proxy.
    7. Mr. Allison moved to exclude testimony that Chris received a text message from Amber Lubbers saying that she loved him on the day of the murder. Chris deleted the message, so there is no record of it.
    • Motion approved. Such testimony would involve multiple levels of hearsay.
    8. Mr. Allison moved to exclude the leniency letter that was given to Amber Lubbers at the time of her arrest. Mr. Allison argued that since Amber has already pled guilty and has served her time in jail, when she testifies now, she is like any other witness. The letter of leniency is no long relevant.
    • Motion denied. The judge decided that the letter is relevant to the defense and may be used.
    From the Clerk's Docket and Minutes

    8:40 - In session
    9:15 - Geoffrey Kirkpatrick begins testifying
    10:20 - Recess
    10:40 - In session
    11:25 - Officer Travis Lee begins testifying
    11:55 - Recess
    1:35 - In session
    1:50 - Shawn Center begins testifying
    2:05 - Detective Bryan Scott begins testifying
    2:45 - Recess
    3:05 - In session
    3:30 - Bonnie Mortensen begins testifying
    4:30 - Jury dismissed for the day, motions in limine for an unrecorded period of time afterward

    End of day 3
    Last update: 6/6/14 - Return to the Patricia MacCallum trial home page

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