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CA v. Robert Durst Murder Trial Day 23 - Reading of Testimony from the Morris Black Trial — Transcript

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0:00the plan is that they would be read into
0:02the record we can certainly as a
0:04courts exhibit if the court wants it we
0:06can mark the transcript
0:09um and in fact we're certainly willing
0:12to stipulate i don't think it's
0:15necessary
0:16to have the court reporter transcribe
0:18all over again what's going to be an
0:20exact
0:21duplication of the testimony that's
0:24being put in minus
0:26whatever interruptions the lawyers might
0:28have here today
0:29we would certainly stipulate to that
0:31process if the defense and the court
0:33uh will yeah i i think uh
0:37it's it's the same i think we treat it
0:40the same as if it were
0:41videotaped testimony except uh it's
0:46right a reading a reading rather than a
0:50recording so i i think we can uh if we
0:53all agree we can spare
0:54the reporters for the reporter that
0:57that part um so then for the record we
1:00should probably mark a copy
1:01in case it ever needs to be read back
1:03right now yes that's right you'll uh
1:05you'll you can you can mark a copy
1:09the only question is whether you want to
1:11supply that to
1:12uh to mr durst or do we need the cart
1:15reporter
1:16to uh transcribe i think the young lady
1:20that
1:20helps him yes here by reading
1:23i think we should continue that okay
1:26that's that's what
1:27uh that's what you'll do thank you
1:30very well so
1:34uh the the person reading the witnesses
1:36statement ought to sit at the witness
1:40stand
1:40all right okay uh the
1:44person's reading the prosecuting and
1:45defense
1:47uh attorney portions maybe may be seated
1:51at council table as may the person who
1:54is reading the judge
1:55if the judge is
1:59says anything in these that you may
2:01designate
2:02for the jury who will be reading those
2:04those portions and who
2:06you've already figured that out who
2:07would those persons be so
2:09this morning for the witness david avina
2:14we have present to read the for the
2:16prosecuting attorney's part we have
2:18some law students here cameron young
2:21come on up
2:24and for the witness it will be courtney
2:26taylor
2:28and there's unfortunately the court on
2:30this reading has a very small
2:32role the um the
2:35best smaller is better the prosecuting
2:38attorney um
2:39mr cameron young would just read the
2:41court's card as well
2:43all right and you'll designate the court
2:44you'll to save the court so the jury
2:47knows it's the court speaking rather
2:48than the you know do you want the wit
2:50the witness in the witness box yes
2:52that's what i'm saying
2:53yeah and obviously um you know we this
2:56these roles are not um
2:59assigned so the witness was actually uh
3:02male
3:02and that's
3:13make sure they read exactly what the
3:14testimony was that that
3:16was the trial runner we want mr lewin to
3:19be the defense lawyer
3:24you're going to have my salary mr
3:26chestnut
3:28it would be refreshing and of course
3:31there are other
3:32or other places where like in the united
3:35kingdom a prosecutor the defender might
3:37be the
3:38depending on the case might have that
3:40different role which is uh i think very
3:42very uh
3:43interesting and a good thing so and i
3:46forgot
3:46i did forget to mention i apologize mr
3:48de guerin will read
3:50uh the part of the defense attorney
3:52which was in this case chip lewis
3:55okay i think he could do lewis we have
3:57mr lewis in the back
3:58yeah we do okay all right
4:02as you wish mr guerin will stand on
4:06something he'll uh
4:07okay so chip's a big guy uh come on up
4:11take the wooden stand please
4:21would you like to give you stands at the
4:22podium or would you like him something
4:24i'd say the lecturing that's uh that's
4:27fine
4:33so this is the testimony of
4:37david athena yes
4:41may i mark the transcript next in order
4:43madam clerk what number one
4:45uh or is this gonna be a courts exhibit
4:48this should this should be a courts
4:50exhibit because it would not go to the
4:51jury your honor
4:53this would be treated like testimony
4:54where if they end right that's right you
4:56could have
4:58i see and if there were if read back
4:59were necessary
5:01the the the uh document would be
5:04read back right we agree with that okay
5:07so 46 sports quartz exhibit six
5:13thank you and this is from september 22
5:16[Music]
5:182003
5:20galveston county texas
5:27anything else no thank you
5:32and the uh the prosecutor is mr sis
5:35trump
5:36yes i'm sorry we should just say that
5:38the prosecutor was mr sistrong
5:42s-i-s-t-r-u-n-k the
5:45witness was david avena d-a-v-i-d
5:50a-v-i-n-a
5:52and um mr lewis was the defense attorney
5:56for this particular witness
5:58and uh the honorable susan chris judge
6:01of the 212th district court
6:04all right
6:11david avina having first and duly sworn
6:13testified as
6:14follows sir could you please state your
6:17name for the record
6:19david avena how are you employed
6:22i'm a nurse and speak right into the
6:24microphone
6:25[Music]
6:26here you can pull the microphone forward
6:28towards you and tip it a little bit
6:30towards you
6:32there
6:37and where do you work as a nurse at
6:39surgical intensive care at utmb
6:42and how long have you been in that
6:43capacity about three years
6:46and where do you live sir 7909
6:49channel view is that within the city of
6:52galveston
6:53yes it is are you with family or you do
6:56you live alone or what
6:58i live with my wife and my five children
7:02i want to direct your attention sir back
7:04to september 30th
7:05of 2001. do you have a little
7:08recollection
7:09of where you were on that day in that
7:11evening
7:12yes i do okay can you tell us whether or
7:15not
7:16you had occasion to go fishing at the
7:18pier in that area
7:20in the area of 81st street and channel
7:22view
7:23yes who did you go with i went with my
7:26stepson
7:26and my daughter okay and how and do you
7:30remember approximately what time you
7:33went to that area to fish
7:35it was about 6 or 6 30. do you remember
7:39anything about the weather
7:40at that time of the evening it was a
7:42beautiful day it was clear
7:44the water was calm in fact i didn't
7:45think i was going to go fishing
7:47but after i saw the water i thought yeah
7:49maybe i will
7:51was there anybody else out there fishing
7:53when you arrived
7:54there is just us had you been out there
7:57previously the day before
7:59yes about that same time my nephew and
8:01my stepson went fishing
8:03and idc away i did see a weighed
8:05fisherman out there it was about six
8:06o'clock the day before
8:08and the day before that would have been
8:10saturday correct that's right
8:13when you were out there saturday did you
8:15notice anything unusual floating in the
8:17water or anything
8:18no and i tell you i remember looking in
8:20that direction too
8:21and the wade fisherman was coming out of
8:23the water and we turned around to see if
8:25he had caught anything
8:26and we looked in that direction and no
8:28there wasn't there wasn't anything
8:29unusual
8:31so it was you on sunday then you
8:34your stepson and your daughter and my
8:36daughter
8:38and how long were y'all out there
8:40approximately
8:42i was out there maybe five minutes and
8:44they had come up on their bikes
8:45and it all happened pretty fast so we
8:48were out there maybe six or seven
8:49minutes
8:50it didn't take long we just left in a
8:53hurry
8:55when you say it didn't take long would
8:57you share with us
8:58what you are referring to any personal
9:00observations you may have made
9:03well my stepson gave me the fishing rods
9:06so kind of in a peripheral vision i
9:07could see him looking over the bulkhead
9:10and just as quick as it takes for him to
9:11give it to me for me
9:13for him to go see if there's any minnows
9:15to catch with the cast net he called
9:16back
9:17there's a pig in the water and as soon
9:20as he got that out he said no it's a
9:21body david
9:22it's a body and he just said it's so
9:25flat like that
9:25i didn't look i didn't look up or i
9:28didn't go in that direction
9:30but my daughter looked over the bulkhead
9:32and she screamed out i don't want to see
9:33any more
9:35and she turned around jumped on the bike
9:37and took off and i mean
9:38in a flash and that's when i looked up
9:40and i looked angry like at him and i
9:42said
9:43you better not be fooling around and i
9:45walked towards him
9:46we both looked over and he kind of
9:48motioned his head of what we had seen
9:50we both looked over we looked at each
9:52other and looked back again
9:54and then we left so
9:59what was it that you saw floating in the
10:02water
10:03initially when i looked over i just
10:05noticed the white it was a naked man
10:07and he had no no legs and arms and no
10:09head but he was floating on his back
10:12and because he was a man i could tell
10:14this was a human body
10:15and i glanced back down again and i
10:17noticed i mean i guess it had set in at
10:19that time
10:20this is a person it has no arms and legs
10:23and head and in a fishing spot that we
10:25go to almost every day
10:27we either walk out there skip rocks we
10:29go out there every day
10:30we just looked at each other and i told
10:33him to call his mother to go tell his
10:34mother to call the police
10:35and just i think i saw the body maybe
10:37about less than 10 seconds
10:39just glances it was just horrifying
10:42did the police arrive at the scene were
10:44you still there
10:45no we actually he took off on his bike
10:47and he met me home
10:49when i went home i grabbed the cordless
10:50and took it out to the driveway and
10:52that's when i called the police
10:57slow down okay um do you want me to go
10:59back
11:04no we actually he took off on his bike
11:07and he met me home
11:08when i went home i grabbed the cordless
11:10and took it out to the driveway
11:12and that's when i called the police they
11:14arrived less than five minutes later
11:16it didn't take long at all and did you
11:19have occasion to go
11:20back to the scene where you saw the
11:22torso floating
11:24we actually he gave us a ride back over
11:26there
11:27but we didn't see it anymore we didn't
11:29when he stopped the car
11:30and asked us where it was we just kind
11:32of motioned it's over there
11:34we didn't go close enough to see it
11:36again when you say
11:38he are you referring to the police
11:40officer that arrived at your house
11:42yes were you ever asked or was your son
11:45ever asked to give a statement
11:47or were you ever interviewed by the
11:49police in any way
11:51at that point no at a subsequent time
11:54yes do you recall if you ever gave a
11:57written statement
11:58or you just spoke generally to them and
12:00they just recorded it
12:02i think it was just generally nothing it
12:05was almost like a conversation
12:07of course he was writing things down but
12:09i don't remember giving a formal
12:11if that's what it is just asking me
12:12questions and i was answering them
12:15may i approach the witness your honor
12:18the court responds yes
12:22sir i'm showing you what's been marked
12:24for identification purposes
12:26as states exhibit 200. does this
12:30represent the scene
12:31as you saw it on the evening you gave
12:33testimony to
12:34yes sir it is
12:38offer states 200 uh offer states 200
12:41your honor
12:43the court responds it's admitted you may
12:45proceed
12:46thank you your honor state passes the
12:50witness
12:52the court responds all right sir you are
12:54excused
12:57[Applause]
12:58[Music]
13:05we have a i don't know if i think it
13:08would be a good idea we have an exhibit
13:09correlation sheet
13:10yes yes and so
13:13the exhibit that was marked as stage 200
13:17may we mark it in this trial as
13:23[Music]
13:24are we on 181 just a moment
13:41okay so may i mark this exhibit
13:43correlation sheet as people's 181
13:45and the exhibit as people's 181 a
13:52yeah thank you nothing further for this
13:55particular witness your honor
13:58and now the next next we have a
14:00stipulation
14:03it's original stipulation 28 million
14:05mark is as people's 182.
14:08yes council do you stipulate as follows
14:13the body and or body parts recovered
14:15from galveston bay
14:17in this case near 81st street and
14:19channel view drive in galveston texas
14:22on september 30th 2001 is the body
14:25and or body parts of decedent morris
14:29black
14:31so stipulated yes
14:35thank you what stipulation
14:39is that i think
14:42that's 20
14:46[Music]
14:48i thought you said 28 was 182.
14:52it's 27 is 182. yes i'm sorry 27.
14:55i misspoke and it's people's 182 but
14:57it's a 27
14:58stipulation yeah
15:01so another transcript
15:05i'm sorry another transcript or more
15:07photos uh no i have another stipulation
15:09okay i need to
15:12okay so your honor i have a stipulation
15:17may i mark this as people
15:20183
15:24yeah and i have uh
15:29okay stipulation 183 encompasses
15:32stipulations
15:3428 32 and 57. thank you
15:38and i have a stack of photographs
15:42a stack of documents there's a hundred
15:45and eighty pages to this document
15:47and the pages are numbered one through
15:48180. i may mark this
15:51stack of photographs as people's 1
15:5484. yes
16:02all right this is going to be a doozy
16:0514-page stipulation
16:07all right
16:13i'll read it and then ask you to
16:15stipulate at the end council
16:20sergeant gary jones is a sworn peace
16:24officer
16:25with the galveston police department on
16:28september 30th
16:292001 he was assigned as a sergeant
16:34assigned as a supervisor in the
16:36identification division
16:38and he was assigned to assist in the
16:40investigation
16:41involving the death and dismemberment of
16:44morris black
16:47as of that date he had been a peace
16:49officer for 13 years
16:52and assigned the identification bureau
16:55for 11 years
16:57he has an extensive background in
16:59training
17:01in the collection and processing of
17:03physical evidence
17:07on september 30th 2001
17:11shortly after the first police officers
17:13responded
17:14sergeant jones arrived at the concrete
17:17bulkhead
17:18and rock jetty located at 81st
17:21street and channel view in galveston
17:23texas
17:25photo one here on the screen depicts
17:27this area
17:30the red circle on photo one
17:33depicts the concrete bulkhead and rocky
17:36jetty
17:37where sergeant jones first responded
17:41photos two through eight are
17:44further aerial photographs which also
17:48fairly and accurately depict this area
18:13photos two through five and go back
18:18tell me when i'm on two so photos two
18:20through five
18:22are photographs which were taken in 2003
18:26two three
18:31four five
18:34those were all taken in 2003. the
18:37circled area in photo one
18:40is the specific area where most of the
18:41body parts and torso were recovered
18:45photos six through eight are aerial
18:48photographs
18:50taken at different points in time after
18:52different houses had been built on the
18:54concrete
18:56bulkhead and in the surrounding area
18:58since 2001
19:03these are afterwards after houses had
19:05been built
19:07the colored markings on photos 6-7 6-7
19:11were made by expert witness ben hodges
19:18he will testify later in this trial
19:24when sergeant jones arrived he observed
19:27a male
19:27torso who he later had discovered to be
19:30the torso of morris black
19:32floating halfway in the water and
19:35halfway on rocks
19:37at the end of 81st street at the end of
19:40the bulkhead
19:43photos 9
19:47and photos 10 barely
19:51and accurately depict the location of
19:54this torso
19:55as sergeant jones arrived
19:59there was also a blue bed sheet
20:04and a white pair of underwear with the
20:07elastic band
20:08cut in multiple places
20:11in the water near the torso
20:15photo 11 depicts this blue bed sheet in
20:18the water
20:19near the torso as sergeant jones arrived
20:24the blue bed sheet and white underwear
20:27were removed from the water
20:30and placed onto the concrete bulkhead
20:35photos 12 through 14
20:39depict this bed sheet and underwear
20:42on the bulkhead after they had been
20:46removed
20:47from the water
20:59sergeant jones also observed
21:03five black plastic trash bags
21:08floating in the water at the north
21:11west end of the bulkhead
21:16photo 15 barely
21:20and accurately depicts these bags
21:23in the water as sergeant jones
21:28arrived
21:30photo 16 fairly and
21:33accurately depicts the location where
21:36the torso
21:38and bags were seen by sergeant jones
21:42and fairly and accurately labels the
21:45location
21:46where the torso and where the bags were
21:50first observed
21:56sergeant jones removed the five plastic
21:59bags from the water
22:01as well as the torso and he placed
22:05the items onto the pier
22:10two of the bags appeared to contain
22:13items
22:16upon feeling the bags from the outside
22:20sergeant jones believed these items were
22:23arms and legs
22:26one of the bags appeared to contain a
22:28leg
22:29and there was a toe visible poking
22:33through a hole in the bag
22:36photos 17 and
22:3918 fairly and
22:42accurately depict this bag
22:47the remaining three bags appeared to be
22:51empty
22:53a sixth black plastic bag
22:57was recovered from the first cove
23:00west of the area where the torso and the
23:04other five
23:05bags were found it was approximately
23:09500 paces to the west
23:12and had washed up onto the adjacent
23:15shore
23:17the circled area on photo 19
23:22fairly and accurately depicts the cove
23:24where this bag was found
23:31this is photo 19.
23:35it's when i say photo 19 it's page 19 in
23:38this exhibit
23:41photo 20
23:45barely and accurately depicts this bag
23:48as it appeared when it was first found
23:51morris black's torso the six
23:55black plastic bags the blue
23:59sheet and the white underwear
24:02were turned over to the medical examiner
24:06and transported to the coroner's office
24:08for examination
24:10and analysis
24:14sergeant jones coordinated a search of
24:16the remaining shoreline
24:18of the coves to the west of the location
24:21where the bags and torso were found
24:24all the way to the railroad tracks
24:28as well as an extensive search of the
24:30shoreline to the east
24:33among other evidence sergeant jones was
24:36looking for morris black's head
24:40upon feeling the bags at the scene
24:43sergeant jones felt a total of two arms
24:46and two legs but no head
24:51during this shoreline search no further
24:54evidence of its significance
24:56was found including the dismembered head
25:01photo 21 fairly and accurately depicts
25:05the cove
25:06where the torso was found at low tide
25:12sergeant jones then went to the
25:15coroner's office
25:16and was present when the bags were
25:18opened and
25:20inventoried by dr charles
25:23harvey each
25:26of the three bags containing body parts
25:30consisted of a bag tied with an overhand
25:34knot within a bag
25:39tied with an overhand knot within
25:43a bag tied with an overhand knot
25:48in other words the bags were triple
25:51bagged
25:52and tied
25:56in the first triple bag that was opened
25:59which was referenced bag one by the
26:03coroner
26:05sergeant jones recovered a right human
26:07arm
26:08a left human arm
26:12a portion of a shirt and a red
26:15flip-flop sandal photo 22
26:19fairly and accurately depicts the
26:21contents
26:22of this bag
26:26the second triple bag they opened which
26:29was referenced
26:30bag 2 was the bag recovered from the
26:33cove
26:34500 paces to the west of the torso
26:38and other bags this bag
26:42contained a large quantity of sand
26:45a right human leg
26:48a blue plastic cup containing several
26:51pieces
26:52of white plastic silverware and a beige
26:55colored napkin
26:57a paper sack containing a white sales
27:00receipt
27:01from chalmers hardware store
27:05and a small plastic bag
27:08containing numerous small blood stained
27:12towels photo 23
27:16barely and accurately depicts some of
27:19the items
27:20within bag 2 as it was
27:23opened photo
27:2624 fairly and accurately depicts
27:30a photograph of the blue plastic cup and
27:32its contents
27:34after they were removed from bag 2.
27:39photo 25 barely and accurately depicts
27:44the white plastic bag
27:46and its contents after they were removed
27:49from bag
27:502. photos
27:5326 through
27:5728 fairly
28:00and accurately depict the brown paper
28:02bag and chalmers receipt
28:05after they were removed from bag 2.
28:09the chalmers receipt was dated september
28:1229 2001
28:17with a sale time of 4 17
28:21p.m the items
28:24purchased included 42 gallon trash bags
28:28and drop cloths
28:32photo 29
28:35fairly and accurately depicts the right
28:37human leg
28:38contained within bag two
28:44the third triple bag they opened
28:48which was referenced as bag three
28:52contained a left human leg
28:56classic packaging material for a drop
28:59cloth
29:00and a collection of papers
29:04photo 30 fairly and accurately depicts a
29:08partial view of the items seen within
29:11bag 3
29:12as it was first opened
29:15the papers included a newspaper
29:18addressed
29:19to quote resident at 2213
29:23avenue k goblin texas end quote
29:28photos 31 through 32
29:34barely and accurately depict the
29:36newspaper found
29:38within bag 3.
29:42the papers also included a cardboard
29:44blade
29:45cover for a green thumb
29:48brand bow saw blade
29:52photos 33 through 37
30:07barely and actually depict the bowsaw
30:09blade cover
30:10that was recovered from bag three
30:15photo 38
30:18barely and accurately depicts the drop
30:20cloth packaging
30:22that was recovered from bag three
30:27the fourth bag they opened which was
30:30referenced as bag
30:31four was tied into a knot but empty
30:36there was a hole in the bag
30:40photo 39 fairly inaccurately depicts
30:42this bag
30:46the fifth bag they opened which was
30:48referenced as bag five
30:50was tied in a knot but empty
30:53there was a large hole and a
30:55medium-sized hole in the bag
30:58photos 40 through 41
31:02fairly and accurately pick this bag
31:07the sixth bag they opened was also tied
31:09into a knot but empty
31:11there was a large hole in multiple
31:13smaller holes in the bag
31:16photo 42 barely and accurately depicts
31:19this bag
31:21the three empty bags were not triple
31:24bagged
31:27they were individual bags tied in
31:30knots found floating in the water
31:35they were however consistent
31:39with having been previously contained
31:41within
31:42each other in the same fashion
31:46as the other three bags that contained
31:48the body part
31:51each bag had at least one hole
31:54approximately 2.5
31:56to 3 feet wide
31:59these holes were much larger than and
32:02inconsistent with
32:03the size of the smaller holes in the
32:06other bags
32:07containing the body part
32:10sergeant jones believed that these large
32:12holes were consistent
32:14with being torn apart by a human
32:17or from being ripped on the rocks or
32:19oyster shells
32:23on october 2nd 2001
32:28two days later a trash can
32:31container bearing id
32:34number u nine six
32:38two one five one five
32:41was recovered by officer herman
32:45hilton from the alley in the rear
32:48of 2213 avenue k
32:53in galveston texas
32:56this was the same address that was seen
32:58on the newspaper inside bag 3.
33:02the plastic bag containing the human
33:04left severed leg
33:06as depicted in photo 31.
33:11this trash can container is depicted in
33:14photo 43
33:18on october 2nd 2001
33:22sergeant jones searched this trash can
33:24container
33:26at the police impound garage
33:30sergeant jones recovered several large
33:32black
33:33plastic trash bags from this trash can
33:36container
33:38these bags were consistent with the type
33:42size material and color
33:46of the trash bags containing the body
33:48parts of morris
33:50black photos 45
33:54through 46 i'm sorry 44
33:58through 46 show some of the contents of
34:01one of these bags
34:04what am i on
34:07okay many items in these bags contain
34:12morris black's blood these bags contain
34:16the following items
34:17among other items of miscellaneous trash
34:21number one
34:24newspaper numerous like that
34:27number one numerous paper hand towels
34:31and napkins
34:32consistent with the hand towels and
34:33napkins recovered from the bags
34:35containing morris black's body part
34:39number two several blue plastic drinking
34:43cups
34:43consistent with the ones recovered from
34:45the bags containing morris black's body
34:47parts
34:49these blue cups are depicted in photo 47
34:54number three a valley parking ticket
34:58for the four seasons hotel with the name
35:01durst comma
35:02r period on the back
35:06the front and back of this parking
35:08ticket are depicted in photos 48
35:10and 49.
35:13the top oval section sorry number four
35:17the top oval section of a trash bag box
35:20this is depicted in photo 50.
35:24number five an empty bank of america
35:28money envelope
35:30this is depicted in people's in photo 40
35:33this is depicted in photo 51.
35:37number six a receipt from dr
35:41ray b matocha m-a-t-o-c-h-a
35:45or robert durst this is depicted in
35:49photo 52
35:51number seven a usa
35:54today newspaper dated october 1st
35:592001. number seven
36:03a san luis spa and conference center
36:06laundry bag
36:08this is depicted in photo 53
36:11number nine a portion
36:14of packaging for latex gloves
36:18this is depicted in photo 54.
36:22number ten a letter of intent
36:26to not renew lease dated july 13
36:322001 from klaus
36:35dillman to morris black
36:38this letter is depicted in 55
36:42in photo 55 this letter
36:46did not contain any bullet holes
36:51number 11. a hotel guest
36:56vehicle parking ticket for a silver
36:59honda crv license plate b
37:0288 t k h
37:06and displaying the name thirst
37:09this is depicted in photo 56
37:14number 12 a latex glove
37:18this latex glove contained morris
37:20black's blood
37:23this glove is depicted in photo
37:2657 number 13.
37:31numerous clothing items including a pair
37:34of white underwear
37:36which matched the brand thighs
37:39and cuts to the waistband
37:42of the white underwear recovered from
37:46galveston bay near the torso
37:5014 packaging material
37:53for a 9 by 12 drop cloth
37:57bearing a yellow and white price tag
38:01from chalmers hardware
38:04this packaging material is depicted in
38:06photos 58
38:08and 59.
38:13number 15 an empty true value hardware
38:17box
38:20for 42 gallon black plastic trash bag
38:24this box is depicted in photos 60
38:27and 61.
38:30number 16 packaging friend
38:34quote old hickory end quote brand
38:37pairing knife
38:39carrying knife the front and back of
38:42this packaging
38:44is depicted in photo 62
38:47and 63. number 17
38:53a 22 caliber expanded bullet
38:57casing this is depicted in photo
39:0164.
39:04number 18.
39:08a ruger 22
39:11caliber model 22-24
39:16semi-automatic handgun bearing serial
39:19number 223-51668
39:24no magazine was inserted into the weapon
39:27and no ammunition was in the chamber
39:30this weapon is depicted in photo 65
39:34and people's exhibit 163
39:37is this actual weapon 163 was previously
39:40marked your honor yes
39:44this handgun was registered to defendant
39:47and was purchased
39:48on august the 30th 2001.
39:5619. a 22 caliber magazine containing
40:019 9 live 22
40:04caliber bullets this magazine is
40:07depicted
40:08in photo 66 number 20
40:13a 22 caliber magazine containing eight
40:16live 22 caliber bullets this magazine is
40:20depicted in photo
40:2267.
40:25number 21 a
40:28clear plastic ziploc bag
40:32containing 54 live 22 caliber bullets
40:37this item
40:39is depicted in photo 68
40:44number 22 a brown
40:48paper envelope containing 312
40:52live 22 caliber bullets
40:57this item is depicted in photo 69
41:03there were no bottles of alcohol
41:07found within this trash can
41:10container one was morris black's
41:12apartment
41:14upon entering apartment one sergeant
41:17jones discovered that the apartment
41:19consisted of a living room
41:21a dining room slash kitchen area and a
41:23bathroom
41:25there was a bed in the living room area
41:29except for the rolled paper on the
41:32carpet
41:34which sergeant jones laid down
41:37photos 85 through 88
41:41fairly and accurately depict the
41:45condition
41:46of the living room area when sergeant
41:49jones arrived
41:56black trash bags were found on the floor
41:59at the foot of the bed
42:02photo 89 fairly and accurately depicts
42:04these trash bags
42:07there was a small closet
42:10on the east side of the room with
42:12assorted tools noted on the floor of the
42:14closet
42:16photo 90 fairly and actually depicts
42:18these tools
42:20the kitchen slash dining room of the
42:22apartment was accessed through a walk
42:25through opening from the living room
42:29located within this room were two tables
42:32a round table and a square table
42:36except for the rolled paper sergeant
42:38jones laid down onto the floor
42:41except for that paper photos 92 through
42:4496
42:46barely and accurately depict the
42:48condition of the kitchen
42:50when sergeant jones arrived
42:56number man
42:59he found a wood handled paring knife
43:03and a razor blade on the top of the
43:06square table
43:09the wood handled contained dark colored
43:11stains
43:13photo 97 fairly naturally depicts this
43:16knife
43:17inside the kitchen sergeant jones also
43:20found a bottle of bleach
43:22and a bottle of ammonia
43:25there was also the financial section of
43:27the houston chronicle
43:29dated september 28 2001
43:33lying on the kitchen floor
43:37the bathroom was accessed
43:40through a door from the kitchen
43:43inside the bathroom sergeant jones found
43:45a mop bucket on the floor
43:47cleaning utensils milk jugs
43:50made into cleaning type buckets
43:55paper towels lying on top of the toilet
43:58tank
44:00and a mop lying in the bathroom sink
44:04photos 98 through 104 fairly
44:07and accurately depict the condition
44:11of the bathroom
44:14there were no obvious signs of blood
44:17inside apartment one visible that the
44:20naked eye
44:23however sergeant jones utilized
44:27fluorescein and an alternative
44:30i'm sorry and an alternate lysor light
44:34source to check for the presence of
44:36trace amounts of blood
44:39using this method sergeant jones
44:42discovered evidence of blood
44:43in the kitchen sink on a mop in the
44:46bathroom
44:48and in the shower
44:52sergeant jones also processed the entire
44:54apartment for fingerprints but did not
44:56find
44:57any this was highly unusual in sergeant
45:00jones's experience as an identification
45:02officer
45:04usually finds some fingerprints when he
45:06processes living quarters
45:09the apartment contained no personal type
45:12items identifying morse black
45:15none of mr black's personal effects nor
45:18clothing
45:19were found within the apartment
45:23the next day on october 4th
45:262001 sergeant jones entered
45:30and searched apartment two
45:34apartment two was defendant's apartment
45:40apartment two consisted of a combination
45:43living room slash dining room flash
45:46bedroom
45:48a kitchen with a closet and a bathroom
45:54upon entering apartment 2
45:57the first room you enter is the living
46:00room
46:01dining room slash bedroom
46:05inside this room there was shag type
46:08carpeting
46:10along the north wall of the room
46:13were two canvas camping chairs
46:17separated by a television on the floor
46:20with a vcr
46:21on top of it there was also a small
46:24stepping stool slash ladder with an
46:27alarm clock
46:28and phone books on top of it
46:31photo 105
46:35photo 105 fairly and accurately depicts
46:37a view from the inside of apartment 2
46:40looking out the front door into the
46:42common hallway of the residence
46:45photo 106
46:49barely and accurately depicts the items
46:50along the north wall
46:53photo 107 fairly and accurately depicts
46:56the items on top of one of the canvas
46:59chairs
47:00there was a latex glove a set of keys
47:05scotch tape and a length of leather rope
47:08the latex glove contained trace amounts
47:12of morris black's blood
47:16photo 108 barely knackly depicts
47:19the step stool ladder
47:22along the west wall of the living room
47:24was a round
47:25wooden dining table with a
47:28swivel type chair a wood chair and a
47:32lamp
47:34the wood chair was positioned in the
47:36kitchen when sergeant jones arrived
47:40photos 109 through 111
47:43barely and accurately depict the items
47:45along the west wall
47:46of the living room
47:50on the top of the wood table sergeant
47:53jones found a usa today newspaper
47:56dated october 1st 2001
48:00a stack of napkins a notepad
48:04from windham hotels and resorts
48:08two remote controls a green ink pen
48:12a pack of marlboro lights and a book of
48:14matches
48:16these items are fairly and accurately
48:18depicted in photographs
48:211 12 through 116
48:31position along the east wall of the
48:33living room was a full-size bed
48:36the bed was completely made up and had
48:39no signs that it had been recently slept
48:41in
48:43photos 117 through 118
48:47he picked the east side of the living
48:49room there were no signs of blood
48:52visible to the naked eye
48:55in the living room flash bedroom
48:58flash dining room area your honor should
49:02i continue
49:03what time would you like to break
49:04between 10 15
49:06and 10 30. how are you doing um
49:09okay all right you're but how are you
49:12doing
49:13we can go a little if there's a logical
49:14break
49:16in between now and 10 30 or at 10 30.
49:20but no later than that
49:21[Music]
49:23the jury is aware because of the
49:26agreement
49:27with council on this this literally
49:30would
49:30probably have been two days of testimony
49:33no i'm grateful to council for reaching
49:35this agreement i encourage you to do it
49:37and i'm grateful that you have thank you
49:39so uh continue please
49:44from the living room slash
49:48bedroom area a large open doorway leads
49:51into the kitchen
49:53at this threshold the carpeting stops
49:56and transitions to linoleum flooring
50:00this doorway is fairly and accurately
50:02depicted in photos 119
50:05and 120. sergeant jones discovered beige
50:09colored drop cloths covering the
50:11majority
50:13of the kitchen floor underneath the drop
50:16cloth
50:18sergeant jones observed numerous sharp
50:21cuts to the linoleum flooring
50:25these cuts are fairly and accurately
50:26depicted in photo 121
50:30the linoleum flooring was removed and
50:33there was a saturation type
50:35stain consistent with blood on the
50:38plywood
50:39subfloor directly underneath the cuts of
50:42the linoleum
50:45dna testing established that this was
50:47morris black's blood
50:50there was no obvious blood visible to
50:53the naked eye
50:55on the top of the linoleum floor or
50:59on the drop cloth
51:02as you enter the kitchen from the living
51:04room you walk through the kitchen
51:08and through another open doorway into
51:11the bathroom
51:14on the right side of the bathroom
51:15doorway there is a kitchen counter
51:18sink and kitchen
51:22cabinets on the left hand side of the
51:25bathroom doorway
51:27there is a gas range cabinets
51:31and a closet the bathroom doorway is
51:35fairly inaccurately depicted in photos
51:37122 and 123.
51:40the kitchen counters and sink are fairly
51:43inaccurately depicted in photo 124.
51:47the gas range cabinets and kitchen
51:50closet
51:50are fairly and accurately depicted in
51:52photos 125
51:55through 128
52:02the following items of evidence were
52:04collected from the kitchen area
52:07number one blue
52:10plastic drinking cups these were
52:13collected from on top of the
52:14refrigerator and are fairly and
52:15accurately depicted in photo 129
52:20a brown paper true value hardware bag
52:27this bag was recovered from the kitchen
52:29floor in front of the oven range
52:31it contained a water bottle napkins
52:35a q-tip and other trash items this bag
52:39and its contents
52:40are fairly and accurately depicted in
52:41photos 130-131
52:46number three a box of true value
52:4942 gallon black plastic trash bags and a
52:52curtain
52:53a shower curtain these items were
52:56located adjacent to the oven range
52:58and are fairly inaccurately depicted in
53:00photos 132
53:02and 133 the price tag
53:05on the box of trash bags was from
53:07chalmers
53:08hardware store a plate containing
53:13can openers and three knives
53:17these items were located on the kitchen
53:18counter
53:20and are fairly and accurately depicted
53:22in photos
53:231 34 through 135
53:28number five a mop from the kitchen
53:31closet
53:33a small amount of blood spatter was
53:36observed on the bottom of the north
53:38kitchen wall
53:39the trim board and the base molding
53:44this area of the wall was removed and
53:46preserved for testing and analysis
53:50this was morris black's blood
53:54photo 136 barely and accurately shows
53:58the area of the wall
54:00trim board and baseboards that were cut
54:03out and preserved
54:05each area of blood spatter on the
54:07removed portions of the wall
54:09was then circled and numbered
54:14photos 137 through 161
54:19fairly and accurately depict the blood
54:21spatter on these
54:22items
55:05the items depicted in photos 137 through
55:08161
55:10were transported to crime scene
55:12reconstructionist
55:14and blood pattern interpretation expert
55:17tom bevel for analysis
55:24sergeant jones also searched the
55:25bathroom area
55:27the bathroom floor was covered in drop
55:29cloth
55:31photos 162 through 167
55:37barely and actually depict the bathroom
55:39area
55:47there were visible blood drops on the
55:48drop cloth on the bathroom floor
55:51these are depicted in photo 165.
55:58sergeant jones processed the entire
56:01apartment too
56:02for trace amounts of blood not visible
56:04to the naked eye
56:05using fluorescein and an alternate light
56:08source
56:09he discovered trace amounts of blood on
56:11the brown living room carpet
56:12leading from the kitchen out the front
56:15door
56:17dna testing established that this was
56:19morris black's blood
56:21he also found evidence of blood in the
56:22bathtub
56:25sergeant jones processed the entire
56:27apartment 2 for fingerprints
56:29in the entire apartment he only found
56:32one fingerprint
56:33on the toilet seat
56:41on october 9 2001
56:46of a page and a half left runner
56:48sergeant jones heard a radio broadcast
56:51that defendant's vehicle was stopped by
56:54officer david
56:55thomas near 13th street and avenue j
56:59in galveston defendant was the driver
57:03and loan occupant of the vehicle
57:07sergeant jones went to the area of the
57:08stop and saw a defendant
57:11being detained by officers near his
57:14honda crv
57:15license b88-t
57:19k-h sergeant jones had this vehicle
57:23secured and towed to the impound garage
57:27sergeant jones subsequently searched
57:29this vehicle pursuant to a search
57:31warrant
57:32photo 168 fairly and accurately depicts
57:36this vehicle
57:37at the time of the search
57:41from the rear trunk area of this vehicle
57:44sergeant jones recovered a tennis racket
57:48a package of blue plastic cups
57:51and an ames brand bow saw
57:56these items are fairly and accurately
57:58depicted in photos 169
58:01through 172.
58:06the rear trunk area carpet also had
58:09numerous
58:10red blood stains sergeant jones marked
58:14and labeled these stains
58:16these markings are depicted in photo 173
58:20this was morris black's blood
58:25from a compartment located in the rear
58:27tailgate
58:29sergeant jones recovered a black case
58:33containing a browning nine millimeter
58:36semi-automatic handgun and an extra
58:39magazine loaded with
58:41four rounds of ammunition
58:44these items are fairly and accurately
58:47depicted in photos
58:49through 178 photo 177
58:54is a photograph of people's exhibit 164.
58:59that's the handgun we already have in
59:02evidence
59:05from the center console area
59:09sergeant jones recovered a green ink pen
59:12and a black
59:13wallet inside the wallet sergeant jones
59:16found
59:1723 100 bills two rolled marijuana
59:21cigarettes
59:22an american express card in the name of
59:25robert durst
59:27a texas driver's license in the name of
59:29robert durst
59:31and a bank of america platinum check
59:33card in the name of robert durst
59:35these items are depicted in photo 179
59:40from the dashboard ashtray sergeant
59:43jones recovered a marble lights package
59:45of cigarettes
59:48from a front dashboard compartment
59:50sergeant jones
59:52recovered a young's dry cleaning receipt
59:55or a blanket this is fairly and actually
59:59depicted
1:00:00in photo 180 from the front driver's
1:00:04door
1:00:04pocket sergeant jones recovered a
1:00:07receipt from the holiday inn express
1:00:10as well as guest information paperwork
1:00:14from that same hotel indicating room 208
1:00:19on october 9th 2001
1:00:22sergeant jones searched room 208 of the
1:00:26holiday inn express
1:00:27in galveston texas the room had been
1:00:30rented by defendant
1:00:31on october 8th 2001
1:00:34under the alias of jim huss tuss
1:00:39it contained it contained some of
1:00:41defendant's clothes
1:00:42and other personal items so stipulated
1:00:49that stipulation for the record
1:00:53pardon me just for the record the
1:00:54stipulation doesn't
1:00:56uh serve as a waiver of anything that we
1:00:59did pre-trial
1:00:59all right no i understood
1:01:03uh all right then with that we'll take
1:01:06our
1:01:06break until 10 45.
1:01:12do not do not com
1:01:16do not converse among yourselves or with
1:01:18anyone else on any subject connected
1:01:20with this case do not form or express
1:01:22any opinion on the case we'll see you at
1:01:2310 45.

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