Before the jury came into the courtroom, the following items were discussed between Mr. Allison, Mr. Duncan, and Judge Dixon.
Mr. Allison brought up the issue of social security benefits. He said that Amber Lubbers testified that Patricia had talked to her about insurance and Social Security benefits, although she may have been confused about the difference between them.
Mr. Duncan said that presenting the fact of Social Security benefits would be OK, but the amounts would be irrelevant and inflammatory.
Mr. Allison asked the court to allow the presentation of a Social Security cover letter, the same type that we all get, that has three pages of explanations and amounts and is the same as anyone would find on the Social Security website. Judge Dixon told the attorneys that she would withhold her decision until the first break this morning.
Mr. Duncan pointed out that a previous motion in limine, that was decided before the trial began, was brought up yesterday by Mr. Allison. That motion concerned the fact that Patricia told Sgt. Randall that Chris may have called other people to come to the campsite once she and Amber had left him there. Mr. Allison said that he asked Sgt. Randall if there were other people at the campsite in order to clarify the question by Detective Morlet about just the four of you.
Judge Dixon decided that this motion would stand as previously ruled and that there would be no further testimony or arguments about that issue. Ruling otherwise would allow Patricia to testify without her taking the witness stand and being subject to cross examination.
Mr. Allison gave Mr. Duncan and the court item #187, the first nine pages of the transcript and #188, the first nine minutes of the video of the interview of Amber Lubbers by Detective Moser on December 7, 2012.
Mr. Allison told the court that item #160, the revised text message conversations, is still being worked on. He said that Mr. Inman was out sick today.
Mr. Allison said that he had two more witnesses to provide an alibi for Kris Lubbers. Judge Dixon said that she would allow their testimony and that Mr. Allison was to provide copies of the recordings of their interviews to Mr. Duncan.
Mr. Allison said that today he would finish with Detective Moser, call those two additional witnesses, and rest his case.
Mr. Allison told the court that he would be introducing item #190 today, a series of photographs taken during the search of Patricia's home. He gave copies of the pictures to Mr. Duncan and to Judge Dixon. He said that the pictures would show:
- The clock radio next to Patricia's bed.
- A stack of videos, including one of the videos that Amber Lubbers said they watched after they got home from the campsite on November 16, 2012.
- Patricia's computer.
- The washing machine at Patricia's house showing the sleeping bags and other laundry, which is supportive of Sgt. Randall's testimony that washing the sleeping bags took priority over other laundry.
Mr. Allison and Judge Dixon corrected Mr. Duncan and reminded them that Patricia had told Sgt. Randall on November 21, 2012, that the sleeping bags belonged to her and that she had purchased them at Walmart. Judge Dixon said that the pictures showing the laundry may be overkill and speak to the jury about the type of housekeeper Patricia is, which is irrelevant. Judge Dixon ruled that Mr. Allison with exclude the pictures not really needed. Mr. Allison said that he would withdraw #190, remove the inadmissible photographs and resubmit.
The jury was brought into the courtroom.
Continued testimony of Detective Jeff Moser, Siskiyou County Sheriff's Office
Referring to the immunity agreement video, Mr. Allison asked Detective Moser if Amber Lubbers signed the agreement during the portion of the video that was shown and he said no, she didn't. He said that Amber went to the restroom and then came back and signed the agreement.
Mr. Allison asked Detective Moser if Amber was arrested for the murder of Chris MacCallum and he said yes, she was. Mr. Allison asked Detective Moser if Amber was charged with a formal complaint for the murder of Chris MacCallum and he said yes, she was. Finally, Mr. Allison asked Detective Moser if, when she entered the plea bargain, was Amber still charged with murder and he said yes, she was.
Mr. Allison asked Detective Moser if he had ever been to Jacksonville, Oregon and he said yes, he had. He said that he drove through Jacksonville on the way to the campsite on the Applegate River. Mr. Allison asked Detective Moser if there are banks and jewelry stores along the main road through Jacksonville and he said yes, there are.
Mr. Allison asked Detective Moser to describe a trip through Jacksonville on November 28, 2012. Detective Moser said that on November 28, 2012, he and Detective Morlet picked up Patricia to take her to get her car and took her through Jacksonville. He said that the purpose of the trip was to get information from her as to the route she supposedly took to go to the campsite on November 17, 2012. Detective Moser said that their conversation was recorded.
Detective Moser said he asked Patricia about how she got to the Applegate River. He said that Patricia was friendly and talkative. Patricia told him that she got to the campsite through Jacksonville. Detective Morlet asked her if she went through the center of town, by all the banks and jewelry stores and Patricia told them yes, that's the only way I know.
Mr. Allison showed Detective Moser item #189 and he identified it as a photograph of the waterfall at the campsite. Mr. Allison asked Detective Moser if the path to the waterfall was the same as it was during the reenactment with Amber Lubbers on May 15, 2013, and he said yes, it was. Detective Moser said that the path is made of rock and dirt and has a decent slope. He said you had to watch yourself walking down it. He said that he was careful, because it had a good slope. Mr. Allison asked Detective Moser if he would want to walk it at night with no light and he said no, he would not.
Mr. Allison showed Detective Moser item #191 and he identified them as a the collection of photographs that were taken on November 21, 2012, during the search of Patricia's home. Mr. Allison asked Detective Moser if he was present during the search and he said yes, he was. The pictures in #191 showed:
- The alarm clock found next to Patricia's bed
- A stack of DVDs, including the movie, 27 Dresses
- A rental receipt made out to Patricia
- Patricia's computer, which Detective Moser said was the computer that was sent to Mr. Brett Liddicote at the Northern California Computer Crime Task Force
- A sleeping bag
- Another shot of the sleeping bag and the washer and dryer
Mr. Duncan's cross examination of Detective Moser
Mr. Duncan asked Detective Moser if, when he referred to the alarm clock, did he mean the clock radio in the picture and Detective Moser said yes, he did. Mr. Duncan asked Detective Moser if it was plugged in and he said yes, it was. Mr. Duncan pointed out that in the photographs of the clock radio, nothing was displayed and Detective Moser said that at the time the pictures were taken, red numbers were displayed showing the correct time.
Mr. Duncan asked Detective Moser if they had a search warrant when they searched Patricia's house on November 21, 2012, and he said no, they did not. Mr. Duncan asked Detective Moser if Patricia let you come in and search the house and he said yes, she did.
Mr. Duncan asked Detective Moser about the picture showing the videos and Detective Moser said that there were six videos with their names showing and one showing no name. He also said there there were other videos behind the ones shown in the picture.
Mr. Duncan asked Detective Moser how many banks there are in Jacksonville and he said that there are three. Mr. Duncan asked Detective Moser how many jewelry stores there are in Jacksonville and he said that he didn't know. Mr. Duncan asked Detective Moser if all the banks face the main road and face the same way and he said no, they don't. Detective Moser said that he went to Jacksonville three different ways.
Mr. Duncan reminded Detective Moser that yesterday, he identified a picture of Chris and Patricia showing Patricia wearing her gun. Mr. Duncan asked Detective Moser if Patricia ever denied having a gun and he said no, she never did. Mr. Duncan said that Amber Lubbers testified that the gun was in the trunk of Patricia's car and Detective Moser said that yes, she did. Mr. Duncan said that Amber never said that the gun was on Patricia's person and Detective Moser said yes, that is correct.
Mr. Duncan showed Detective Moser defense exhibits A, B, and C, the pictures taken by Amber Lubbers at the campsite on November 16, 2012. He asked Detective Moser if he could see Patricia's shoes in the pictures and he said that he could, they were tennis shoes. Mr. Duncan showed Detective Moser a photograph that was part of #191, taken during the search of Patricia's house, which showed a pair of tennis shoes. Mr. Duncan asked Detective Moser if the shoes were the same and he said that he was not sure, but they did appear to be consistent. Mr. Duncan told Detective Moser that Amber said that she had taken her boots to St. Vincent de Paul and that Bonnie Mortensen retrieved a pair of boots, believed to be Ambers, and Chris' jacket from there. Detective Moser said that is correct.
Mr. Duncan asked Detective Moser about the interview of Amber Lubbers after she had been arrested on December 7, 2012, and the immunity letter she was given during that interview. Mr. Duncan said according to the transcript at the very beginning of the interview, Detective Moser is quoted as saying, you've seen the letter. Mr. Duncan asked Detective Moser who showed her the letter and Detective Moser said that I was under the impression at that time that the immunity letter had been shown to her. He also said that on the video, Amber shakes her head when he says that.
Mr. Duncan asked Detective Moser who arrested Amber and he said that he did. He said that he was the only one from Siskiyou County. Mr. Duncan asked Detective Moser if Mr. Allison had authored the immunity letter and he said yes, he did.
Mr. Duncan asked Detective Moser when he arrived at Medford on December 7, 2012, and he said that he believed he arrived in the afternoon. Mr. Duncan asked Detective Moser when the immunity agreement was faxed to the Medford Police Department for him and he said at 1618 hours, about 4:00 PM. Mr. Duncan asked Detective Moser if that was close to the interview and he said no, it wasn't, the interview began about 6:00 PM. Detective Moser said that he was briefed at the Medford Police Department about the arrest and he and Officer Cook, from Medford PD, arrested Amber. Mr. Duncan asked Detective Moser if there was an audio record of the arrest and he said no, there was not. Mr. Duncan asked Detective Moser if he gave Amber her Miranda rights and he said yes, he did. Detective Moser said that he and Officer Cook did not speak to Amber until they got to the Medford Police Department, where the interview took place.
Mr. Duncan reminded Detective Moser of all the reasons that Amber was less involved, which he had presented in his testimony the previous day. Mr. Duncan asked Detective Moser if preparing that list was a collaborative effort and he said no, it was not. He said that he did not have that list on December 7, 2012, and that he had prepared it himself for the trial.
Mr. Duncan returned to the search of Patricia's house on November 21, 2102. He asked Detective Moser if he had gone to her home on other occasions and he said he believed he had. Mr. Duncan asked Detective Moser if Patricia's parents were there and he said no, they were not. Mr. Duncan asked Detective Moser if Patricia's children were there and he said no, they were not. Detective Moser said that they got verbal consent from Patricia over the phone and then in writing when they were there at the house. He said that Patricia's sister Barbara let them into the residence.
Mr. Duncan asked Detective Moser if they had a search warrant when they searched Patricia's house on November 21, 2012, and he said no, they did not. Mr. Duncan asked Detective Moser if Patricia let you come in and search the house and he said yes, she did.
Mr. Duncan asked Detective Moser about the picture showing the videos and Detective Moser said that there were six videos with their names showing and one showing no name. He also said there there were other videos behind the ones shown in the picture.
Mr. Duncan asked Detective Moser how many banks there are in Jacksonville and he said that there are three. Mr. Duncan asked Detective Moser how many jewelry stores there are in Jacksonville and he said that he didn't know. Mr. Duncan asked Detective Moser if all the banks face the main road and face the same way and he said no, they don't. Detective Moser said that he went to Jacksonville three different ways.
Mr. Duncan reminded Detective Moser that yesterday, he identified a picture of Chris and Patricia showing Patricia wearing her gun. Mr. Duncan asked Detective Moser if Patricia ever denied having a gun and he said no, she never did. Mr. Duncan said that Amber Lubbers testified that the gun was in the trunk of Patricia's car and Detective Moser said that yes, she did. Mr. Duncan said that Amber never said that the gun was on Patricia's person and Detective Moser said yes, that is correct.
Mr. Duncan showed Detective Moser defense exhibits A, B, and C, the pictures taken by Amber Lubbers at the campsite on November 16, 2012. He asked Detective Moser if he could see Patricia's shoes in the pictures and he said that he could, they were tennis shoes. Mr. Duncan showed Detective Moser a photograph that was part of #191, taken during the search of Patricia's house, which showed a pair of tennis shoes. Mr. Duncan asked Detective Moser if the shoes were the same and he said that he was not sure, but they did appear to be consistent. Mr. Duncan told Detective Moser that Amber said that she had taken her boots to St. Vincent de Paul and that Bonnie Mortensen retrieved a pair of boots, believed to be Ambers, and Chris' jacket from there. Detective Moser said that is correct.
Mr. Duncan asked Detective Moser about the interview of Amber Lubbers after she had been arrested on December 7, 2012, and the immunity letter she was given during that interview. Mr. Duncan said according to the transcript at the very beginning of the interview, Detective Moser is quoted as saying, you've seen the letter. Mr. Duncan asked Detective Moser who showed her the letter and Detective Moser said that I was under the impression at that time that the immunity letter had been shown to her. He also said that on the video, Amber shakes her head when he says that.
Mr. Duncan asked Detective Moser who arrested Amber and he said that he did. He said that he was the only one from Siskiyou County. Mr. Duncan asked Detective Moser if Mr. Allison had authored the immunity letter and he said yes, he did.
Mr. Duncan asked Detective Moser when he arrived at Medford on December 7, 2012, and he said that he believed he arrived in the afternoon. Mr. Duncan asked Detective Moser when the immunity agreement was faxed to the Medford Police Department for him and he said at 1618 hours, about 4:00 PM. Mr. Duncan asked Detective Moser if that was close to the interview and he said no, it wasn't, the interview began about 6:00 PM. Detective Moser said that he was briefed at the Medford Police Department about the arrest and he and Officer Cook, from Medford PD, arrested Amber. Mr. Duncan asked Detective Moser if there was an audio record of the arrest and he said no, there was not. Mr. Duncan asked Detective Moser if he gave Amber her Miranda rights and he said yes, he did. Detective Moser said that he and Officer Cook did not speak to Amber until they got to the Medford Police Department, where the interview took place.
Mr. Duncan reminded Detective Moser of all the reasons that Amber was less involved, which he had presented in his testimony the previous day. Mr. Duncan asked Detective Moser if preparing that list was a collaborative effort and he said no, it was not. He said that he did not have that list on December 7, 2012, and that he had prepared it himself for the trial.
Mr. Duncan returned to the search of Patricia's house on November 21, 2102. He asked Detective Moser if he had gone to her home on other occasions and he said he believed he had. Mr. Duncan asked Detective Moser if Patricia's parents were there and he said no, they were not. Mr. Duncan asked Detective Moser if Patricia's children were there and he said no, they were not. Detective Moser said that they got verbal consent from Patricia over the phone and then in writing when they were there at the house. He said that Patricia's sister Barbara let them into the residence.
Mr. Allison's redirect of Detective Moser
Before Mr. Allison's redirect began, a question was passed from one of the jury members to the judge. Judge Dixon read the question and then told the jury that Amber Lubbers is not Mr. Duncan's client.
Mr. Allison asked Detective Moser if the alarm clock that was found next to the bed during the search of Patricia's house on November 21, 2012, was working and he said yes, it was. He said that the reason the numbers didn't show up in the picture probably had to do with the flash on the camera.
Mr. Allison asked Detective Moser if the alarm clock that was found next to the bed during the search of Patricia's house on November 21, 2012, was working and he said yes, it was. He said that the reason the numbers didn't show up in the picture probably had to do with the flash on the camera.
Mr. Allison asked Detective Moser if he had ever asked Amber Lubbers if Patricia had carried her gun at the campsite and he said no, he didn't.
Mr. Allison asked Detective Moser about St. Vincent de Paul and he said that Amber told him that she and Patricia took clothes to St. Vincent de Paul because Amber doesn't drive. Amber told him that they dropped off Chris' jacket and her shoes. He said that Bonnie Mortensen found a jacket and a pair of shoes. Chris' mother, Sarah, identified the jacket as belonging to Chris but Amber told him the shoes were not hers.
Mr. Allison asked Detective Moser if he didn't have the list of reasons that Amber was less involved at the time she was arrested, did he have the factors that made up the list and he said yes, he did.
Mr. Allison asked Detective Moser if, when he arrested Amber Lubbers on December 7, 2012, he mentioned cell phones, emails, interviews and he said yes, he did. Mr. Allison asked Detective Moser if he made a mistake about the immunity letter and he said yes, he did. He said that he was nervous. Detective Moser also said that he asked to interview Amber. He said that there was no reason for anyone else to talk to her.
Mr. Allison asked Detective Moser who was responsible for the arrest of Amber Lubbers on December 7, 2012, and he said that the Siskiyou County Sheriff's Office and the Siskiyou County District Attorney's Office were responsible for the arrest.
Mr. Allison asked Detective Moser about St. Vincent de Paul and he said that Amber told him that she and Patricia took clothes to St. Vincent de Paul because Amber doesn't drive. Amber told him that they dropped off Chris' jacket and her shoes. He said that Bonnie Mortensen found a jacket and a pair of shoes. Chris' mother, Sarah, identified the jacket as belonging to Chris but Amber told him the shoes were not hers.
Mr. Allison asked Detective Moser if he didn't have the list of reasons that Amber was less involved at the time she was arrested, did he have the factors that made up the list and he said yes, he did.
Mr. Allison asked Detective Moser if, when he arrested Amber Lubbers on December 7, 2012, he mentioned cell phones, emails, interviews and he said yes, he did. Mr. Allison asked Detective Moser if he made a mistake about the immunity letter and he said yes, he did. He said that he was nervous. Detective Moser also said that he asked to interview Amber. He said that there was no reason for anyone else to talk to her.
Mr. Allison asked Detective Moser who was responsible for the arrest of Amber Lubbers on December 7, 2012, and he said that the Siskiyou County Sheriff's Office and the Siskiyou County District Attorney's Office were responsible for the arrest.
Mr. Duncan's recross of Detective Moser
Mr. Duncan asked Detective Moser if, at the time Amber Lubbers was arrested on December 7, 2012, he had seen the pictures Amber had taken at the campsite on November 16, 2012. Detective Moser said that he had not seen those pictures. He said that it was not obvious that Patricia had a gun, but the photograph was consistent with a gun. Mr. Duncan said that the only information that you have about Patricia carrying a gun at the campsite is from Amber's statements and Detective Moser said that is correct.
Mr. Duncan said that by November 16, 2012, Amber Lubbers was living with Kris Lubbers, which is not far from St. Vincent de Paul and Detective Moser said that is correct. Mr. Duncan asked Detective Moser if he had been to St. Vincent de Paul and he said yes, he had. Mr. Duncan asked Detective Moser if he had been to Kris Lubbers' house on Howard Avenue and he said yes, he had. Mr. Duncan asked Detective Moser how far apart they are and he said about a mile or a mile and a half, he wasn't sure.
Mr. Duncan asked Detective Moser when he interviewed Amber Lubbers on December 7, 2012, and said they showed you the letter, the word 'they' didn't include you and he said yes, it did not include me.
Mr. Duncan said to Detective Moser that during the interview on December 7, 2012, you told Amber that Patricia was in trouble and was suspected of murder. Mr. Allison objected, that the question was beyond the redirect. The objection was overruled. Detective Moser said yes, I did say that.
Mr. Duncan said to Detective Moser that during the interview on December 7, 2012, you told Amber that she's your sister and she put you in that situation. Detective Moser said yes, I did say that.
Mr. Duncan said to Detective Moser that during the interview on December 7, 2012, you told Amber about her children graduating from high school, being married. Mr. Allison objected, that the question was beyond the redirect. The objection was overruled. Detective Moser said yes, I did say that.
Mr. Duncan said to Detective Moser that during the interview on December 7, 2012, you told Amber not to protect her sister. Mr. Allison objected, that the question was beyond the redirect. The objection was overruled. Detective Moser said yes, I did say that.
Motions in limine
After lunch, before the jury was brought back into the courtroom, the following issues were addressed by Judge Dixon and Mr. Allison and Mr. Duncan.
Mr. Duncan asked if the District Attorney's Office had obtained video from the ATM in Jacksonville covering November 16, 2012, to see if Patricia's car was seen on video on the way to the campsite. Mr. Allison said no, his office was only interested in the time period from 2:00 AM to noon on November 17, 2012.
Mr. Duncan brought up the Social Security letter. Judge Dixon said that the court was concerned it would appear that Social Security benefits would be much more than child support, which would be inflammatory. Judge Dixon told the attorneys that she was not going to allow the amount of benefits to be introduced, but that Mr. Allison could bring in testimony that Social Security benefits would be available, just not the amount.
Regarding item #193, the text message conversations from Chris' and Patricia's cell phones, Mr. Allison and Mr. Duncan agreed that they had been updated according to the court's order and they were moved into evidence.
Also, item #192, a printout of text messages from Google conversation belonging to Ben Jump, who would testify next, was accepted into evidence.
The jury was brought in and Judge Dixon explained why it had taken such a long time to resume the trial. She told them that they needed some extra time to allow Mr. Duncan to review new evidence.
Next witness Ben Jump, a friend of Kris Lubbers
Ben Jump is 35 years old, living in Central Point (an adjacent city, northwest of Medford). He works tech support for Falcon NW. He said he met Kris Lubbers in 2005 or 2006 when they both worked at Sprint. They became friends because they both liked Dungeon and Dragons (D&D) games. He said that he knows where Kris Lubbers lives and had been over to his house many time.
During November 2012, Mr. Jump said that he went to Kris Lubbers' house once a week on Friday night to play Pathfinder, a D&D game. He said that Pathfinder is a table-top game.
At this point, Mr. Allison said, please tell me that no one gets tied up during the game. Everyone in the courtroom burst out laughing, but the humor of that comment was lost on Mr. Jump who said no, no one gets tied up during the game. He said that Pathfinder is a campaign, which means that it is a continuing series of games. Mr. Allison asked about the game that was played on November 16, 2012, and Mr. Jump said that Pathfinder had started a month or two previously. He said that the players were: himself; Erich, his brother-in-law; Kris Lubbers; Tim Warner; and Marshall Jump, his cousin. Mr. Jump said that sometimes Steve and Ron Kephart would joint the game. He said that Kris Lubbers was the dungeon master and that they had to have Kris in order to play the game.
Mr. Jump said that he was contacted by Detective Moser and Investigator Perrin this past weekend and they asked him specifically about the night of November 16, 2012. He said that he knew that they were playing Pathfinder every Friday during that time. He said that they usually began about 8:00 to 9:00 PM and finished after midnight. He said his text messages are saved to Google conversation, so he reviewed the text messages that he sent that night. He found that he sent messages to Marshall, to Steve, to his wife as he was going to Kris' house, and to his wife when he was leaving for home. Mr. Jump said that his wife was in the army, stationed in Hawaii at the time. He said that according to his text messages, on November 16, 2012, he arrived at Kris' house at almost 9:00 PM and left for home at 12:40 AM. Mr. Allison showed Mr. Jump exhibit #192 and he identified it as a printout of his text messages from that evening.
Mr. Jump said that Kris Lubbers always had them close the sliding glass doors because he didn't like the cold. He said that Kris often commented on how much he disliked cold. He said that Kris had lost a lot of weight, but in an unhealthy way. He said that Kris told them that he couldn't keep anything but sugary food down at night.
Mr. Allison asked Mr. Jump what Kris Lubbers had said about being cold and he said that Kris had told him that he is intolerant of the cold. Mr. Allison asked Mr. Jump about the D&D players who came to Kris Lubbers' house and he said that it was the same group of players each week and they were now into their second year. Mr. Allison asked Mr. Jump how, at the end of the night, would Kris Lubbers behave and Mr. Jump said that generally guests would linger for a while once the game ended for the night. Mr. Allison asked Mr. Jump if he remembered on November 16, 2012, if Kris seemed to want to go somewhere and he said that Kris never seemed to want to go anywhere but to bed after playing D&D.
Mr. Jump said that he was contacted by Detective Moser and Investigator Perrin this past weekend and they asked him specifically about the night of November 16, 2012. He said that he knew that they were playing Pathfinder every Friday during that time. He said that they usually began about 8:00 to 9:00 PM and finished after midnight. He said his text messages are saved to Google conversation, so he reviewed the text messages that he sent that night. He found that he sent messages to Marshall, to Steve, to his wife as he was going to Kris' house, and to his wife when he was leaving for home. Mr. Jump said that his wife was in the army, stationed in Hawaii at the time. He said that according to his text messages, on November 16, 2012, he arrived at Kris' house at almost 9:00 PM and left for home at 12:40 AM. Mr. Allison showed Mr. Jump exhibit #192 and he identified it as a printout of his text messages from that evening.
Mr. Jump said that Kris Lubbers always had them close the sliding glass doors because he didn't like the cold. He said that Kris often commented on how much he disliked cold. He said that Kris had lost a lot of weight, but in an unhealthy way. He said that Kris told them that he couldn't keep anything but sugary food down at night.
Mr. Allison asked Mr. Jump what Kris Lubbers had said about being cold and he said that Kris had told him that he is intolerant of the cold. Mr. Allison asked Mr. Jump about the D&D players who came to Kris Lubbers' house and he said that it was the same group of players each week and they were now into their second year. Mr. Allison asked Mr. Jump how, at the end of the night, would Kris Lubbers behave and Mr. Jump said that generally guests would linger for a while once the game ended for the night. Mr. Allison asked Mr. Jump if he remembered on November 16, 2012, if Kris seemed to want to go somewhere and he said that Kris never seemed to want to go anywhere but to bed after playing D&D.
Mr. Duncan's cross examination of Ben Jump
Mr. Duncan said that it appears that Kris Lubbers is averse to cold and asked Mr. Jump if he had ever seen him outside in the winter and Mr. Jump said yes, he had. He said that Kris would go outside to go to the grocery store. Mr. Duncan asked Mr. Jump if Kris would be unlikely to go camping. Mr. Allison objected saying that the question called for speculation. The objection was sustained. Mr. Duncan asked Mr. Jump if, to his knowledge, Kris Lubbers had ever been camping. He said he didn't recall Kris ever camping.
Next witness Erich Norum, friend of Kris Lubbers
Erich Norum is 33 years old, married, and also lives in Central Point. He works for a software company doing tech support. He said that he met Kris Lubbers in 2006 through Ben Jump. He said that he has been playing the Pathfinder D&D game, beginning about two months prior to November 17, 2012, at Kris Lubbers' house. He named the same participants that Ben Jump had: Ben Jump; Kris Lubbers; Tim Warner; Marshall Jump; and sometimes Steve and Ron Kephart. He said that they played every Friday night from about 9:00 PM until 1:00 to 3:00 in the morning and that he had never missed a game. He said that he didn't remember November 16, 2012, specifically, but you would fall behind if you missed, so it was important to be there each week.
Mr. Norum said that Kris Lubbers doesn't go out in the cold and that he couldn't stand the cold. Mr. Allison asked Mr. Norum if Kris had ever expressed his opinion about the cold and he said that Kris once said that it would be nice if it was 105 degrees outside. Mr. Allison asked Mr. Norum if Detective Jeff Moser visited him this past weekend and if he remembered what he had told him. Mr. Norum said that he couldn't remember exactly, but he did know that Kris Lubbers was extremely averse to cold. He said that he would have said that Kris hated the cold.
Mr. Allison asked Mr. Norum if Kris Lubbers ever shoved people out the door like he had to go somewhere at the end of a game and he said no, he didn't.
Mr. Norum said that Kris Lubbers doesn't go out in the cold and that he couldn't stand the cold. Mr. Allison asked Mr. Norum if Kris had ever expressed his opinion about the cold and he said that Kris once said that it would be nice if it was 105 degrees outside. Mr. Allison asked Mr. Norum if Detective Jeff Moser visited him this past weekend and if he remembered what he had told him. Mr. Norum said that he couldn't remember exactly, but he did know that Kris Lubbers was extremely averse to cold. He said that he would have said that Kris hated the cold.
Mr. Allison asked Mr. Norum if Kris Lubbers ever shoved people out the door like he had to go somewhere at the end of a game and he said no, he didn't.
Mr. Duncan's cross examination of Erich Norum
Mr. Duncan asked Mr. Norum if he gave taped interviews to Detective Moser and Investigator Perrin and he said that yes, the interview he gave was taped.
Mr. Duncan asked Mr. Norum if he could remember if November 16, 2012, was unusual in any way and he said no, he could not. Mr. Duncan asked Mr. Norum if he had told Detective Moser that they played from 8:00 PM until midnight or 1:00 AM and he said maybe I said that. Mr. Duncan asked Mr. Norum if he ever missed playing D&D and he said that sometimes people miss D&D, but not in our group. Mr. Duncan said didn't you tell Detective Moser sometimes people would miss and Mr. Norum said I don't think I said that.
Mr. Duncan asked Mr. Norum how far away he lives from Kris Lubbers and he said that he lives a mile away. Mr. Duncan asked Mr. Norum if playing D&D was the only time he would see Kris Lubbers and he said yes, it was. Mr. Duncan asked Mr. Norum if it was the same for the others and he said yes, it was.
Mr. Duncan asked Mr. Norum if he could remember if November 16, 2012, was unusual in any way and he said no, he could not. Mr. Duncan asked Mr. Norum if he had told Detective Moser that they played from 8:00 PM until midnight or 1:00 AM and he said maybe I said that. Mr. Duncan asked Mr. Norum if he ever missed playing D&D and he said that sometimes people miss D&D, but not in our group. Mr. Duncan said didn't you tell Detective Moser sometimes people would miss and Mr. Norum said I don't think I said that.
Mr. Duncan asked Mr. Norum how far away he lives from Kris Lubbers and he said that he lives a mile away. Mr. Duncan asked Mr. Norum if playing D&D was the only time he would see Kris Lubbers and he said yes, it was. Mr. Duncan asked Mr. Norum if it was the same for the others and he said yes, it was.
Mr. Allison's redirect of Erich Norum
Mr. Allison asked Mr. Norum how he met Kris Lubbers and he said that he met him through Ben Jump.
No further witnesses - the prosecution rests
Judge Dixon informed the jury that Mr. Allison and Mr. Duncan had stipulated that Patricia and their daughter Cora are eligible for benefits upon the death of Chris. She then noted that there was no source of the benefits and called Mr. Allison and Mr. Duncan to come up for a sidebar. When the sidebar ended, she said that the two attorneys had agreed to add from Social Security to the stipulation.
During the trial, Mr. Allison had presented quite a few exhibits, but had not enter all of them into evidence. With the help of the court clerk, he reviewed his list of exhibits and entered the following into evidence:
Judge Dixon called the afternoon break.
During the break, while the jury was out of the courtroom, Mr. Allison told Judge Dixon that he wanted the court to know that before Mr. Norum testified, the People offered the defense the chance to call a witness out of order, but they chose not to.
The defense rests
When court reconvened after the afternoon break, Judge Dixon called on Mr. Allison to begin to present the case for the defense. Mr. Allison rose and said that the defense is satisfied with the state of the evidence and that no witnesses would be called for the defense. The defense rests.
Frankly, we were shocked to find that the trial was over so quickly and that the defense would essentially not put on a case at all. It was pretty clear that Mr. Duncan did not have much to work with. In that case, it appeared he would rely on the fact that Patricia was innocent until proven guilty and attempt to show in his closing arguments that the prosecution had not proven her guilt beyond a reasonable doubt.
From the Clerk's Docket and Minutes
8:45 - In session
9:45 - Jeff Moser resumes testifying
10:55 - Recess
1:25 - In session
1:55 - Ben Jump testifies
2:07 - Erich Norum testifies
2:50 - Recess
3:10 - In session
3:30 - Recess
End of day 13
Last update: 5/24/14 - Return to the Patricia MacCallum trial home page
No further witnesses - the prosecution rests
During the trial, Mr. Allison had presented quite a few exhibits, but had not enter all of them into evidence. With the help of the court clerk, he reviewed his list of exhibits and entered the following into evidence:
#121 - Photocopy of Chris' earnings statement from FTD
#156 - Photograph of the water container found at the campsite
#167 - Three photographs at the water near the campsite
#132 - Corrected version of the text message conversations between Chris and Patricia
#171 - Diagram of the campsite drawn by Amber Lubbers
#182 - Screen shot from FetLife showing Patricia's photograph and profile
#21 - Diagram of Chris' injuries
#71 - The large diagram of the campsite
Also accepted by the court at this time:
- The audio tape from the interview of Ben Jump and Erich Norum
- The transcript of the interview of Ben Jump and Erich Norum
- Stipulation: Patricia's eligibility for Social Security benefits
Judge Dixon called the afternoon break.
During the break, while the jury was out of the courtroom, Mr. Allison told Judge Dixon that he wanted the court to know that before Mr. Norum testified, the People offered the defense the chance to call a witness out of order, but they chose not to.
The defense rests
Frankly, we were shocked to find that the trial was over so quickly and that the defense would essentially not put on a case at all. It was pretty clear that Mr. Duncan did not have much to work with. In that case, it appeared he would rely on the fact that Patricia was innocent until proven guilty and attempt to show in his closing arguments that the prosecution had not proven her guilt beyond a reasonable doubt.
From the Clerk's Docket and Minutes
8:45 - In session
9:45 - Jeff Moser resumes testifying
10:55 - Recess
1:25 - In session
1:55 - Ben Jump testifies
2:07 - Erich Norum testifies
2:50 - Recess
3:10 - In session
3:30 - Recess
End of day 13
Last update: 5/24/14 - Return to the Patricia MacCallum trial home page
No comments:
Post a Comment