Guilty – Part Six

On December 15, 2015, Matt Murphy called Michael Anthony Cohen of the Costa Mesa Police Department  back to the stand  and continued to show the jury Daniel’s interview with the police.

The police continued to work on Daniel for a confession as they tried to locate Rachel. They made comments like, “your world has crashed down,” ”just try to right a wrong,” and “I’m not a dentist. I don’t pull teeth.”

Daniel was crying.  Face buried in his hands, he said, “I did not murder anyone.”

Then, Rachel showed up at the police station and was brought into the interrogation room with Daniel.  He was supposed to tell Rachel what his role had been in Julie’s murder. He was quiet and mumbly on the recording.  The jurors had the advantage of being able to follow along on a paper transcript.

Daniel admitted to Rachel that he’d been involved in an ATM scam with Sam. He told her about Sam coming to their apartment on Saturday morning. How Daniel had seen the body and helped Sam get away.

Before leaving the room, Rachel asked when she could talk to Daniel again.  She was told she could call from jail.

Daniel whispered, “I fucked up.”

“Yeah you did,” she whispered back as she left.

The questioning continued. Daniel stuck to his current story. The police asked Daniel to give closure to Julie’s family.  When they got nothing else, they booked him.

That’s where the video stopped for now.  The jury would next hear an audio recording of a telephone call between Rachel and Daniel.  It was a game changer.

Rachel knew the call was recorded. Daniel knew the call was recorded. So when Rachel told Daniel that his brother Tim had a murder weapon, they both knew the police had heard this.

Rachel said she was going to call the detective.  When he heard all this damning information, Daniel told her, “I’m going to tell them everything… I have to do something now.”

He asked her to come to the police station right away, and told her, “Now I’m dead.”

“Baby, you are already dead,” said Rachel Buffett to her fiancé right before he confessed to murdering two people.

The Confession

We went back to the video and the now-familiar interrogation room scene.

This is when Daniel admitted to being the murderer of not only Julie, but Sam as well.  Daniel told the police about shooting Sam at the Liberty Theatre, and how he eventually went back to dismember the body.

They learned that Julie’s murder was part of a devious plan to frame Sam.  Daniel told them it was all for the motive of “money and insanity.”

During this confession, Daniel went from weeping to hysterical laughter and back to weeping again.  He repeatedly reminded the police that it was “all (him) and no one else,” who committed these horrendous acts.

The video was finally turned off, and Scott Sanders now had the opportunity to cross examine Cohen.

He asked if there was a formal interview with Rachel Buffett at the time of Daniel’s confession.  Cohen didn’t know.

MMTVL just has a few questions to add:

Was there any DNA actually found on Julie’s body?  Are there any more recorded phone calls between Rachel and Daniel? Is there more video of Daniel’s interrogation the jury was not shown?

Next Witness: Detective Larry Fettis

Detective Larry Fettis was in charge of the search scene at the El Dorado Nature Center. He testified that he found the skeletal remains of a human hand. He had marked it as evidence.

No cross examination.

MMTVL (sound effect of shivering)

Next Witness: Detective Jose Morales

Morales was the second to last witness for the prosecution. He was asked to explain how he’d gone through Julie’s cell phone.  He told the jury about taking screen shots (the ones that were used in court).

Morales also identified locations on a map displayed on the overhead screen. He pointed out the Hunger Artists Theatre, Orange Coast College, the Camden Apartments, etc.

MMTVL Oh hey are you the officer who interrupted my rehearsal that one time?  We were on a break anyway. Hunger Artists isn’t there anymore, by the way. This has no relevence to the case, it’s just too bad the place closed.

Final Witness For The Prosecution: Dr. Anthony Juguioun

Dr. Anthony Juguioun is the CMPD Chief Forensic Pathologist. He did not actually perform the autopsies on Sam and Julie, but he had the notes from the doctor who was given that assignment.

Dr. Juguioun showed a diagram of a skull while he explained Julie’s bullet wounds.  Next, a diagram of a male body was shown on the screen as the doctor discussed Sam’s bullet wounds and how his body had been decapitated.  He said that Sam’s right hand was never found.

There was no cross examination of Dr. Juguioun.

After this final witness, the prosecution rested.

After calling no witnesses at all, the defense rested.

Up next: Closing arguments.

Guilty – Part Five

And continued…

Some time has passed since I began writing the play by play of the trial. We all know how it ends, but people reading this are probably keen to learn all the details. That’s how I am. That’s why I went to the trial in the first place.

The “character” Murderer Musings TV Lawyer (MMTVL) is more from the point of view of an analytical  jury member asking the questions one might want answered if given the task of deciding a death penalty case.

People are curious about the specifics. I’ve had friends ask me about my opinion on the defense put on by Scott Sanders. I’ll give you more of my thoughts on that when we get to the penalty phase of Daniel’s trial.

More Witnesses For The Prosecution: Anthony Celeste, Continued

In “Guilty Part Four,” we left off right after the lunch break on December 14, 2015, and Anthony Celeste was on the stand.

Anthony filmed each and every performance of the production of Nine, the play Daniel and Rachel were performing in on the days of the murders. Anthony was very familiar with the play.

Matt Murphy played the opening scene from each of the shows to see if there were any variations in the performances from night to night.  Murphy pointed out that Daniel did a great job onstage and there was no difference in performances even though he had just committed two cold-blooded murders.

But during cross-examination, Anthony Celeste said Daniel’s performance was “off” on the night of Friday, May 21st. Anthony described him as sweating profusely, looking flush, and missing cues. The audience that night probably didn’t notice, but Anthony saw the show every night, and normally Daniel was “spot on.”

Anthony also answered questions about Rachel Buffett’s performance that night.  He noted that, unlike her other performances, Rachel shed actual tears during her crying scene that night..  It wasn’t like her to be able to cry on cue.

MMTVL doesn’t really have any questions, but I want to say that Anthony Celeste did fine work filming the show.  It looked great. And the stuff about crying on cue was pretty funny, but in Rachel’s defense, it is not easy to do that.

Witness Michael Anthony Cohen

Michael Cohen was one of the Costa Mesa Police Department officers who interviewed Daniel and eventually took his confession. It was during Cohen’s testimony that Matt Murphy showed the jury segments of the video of Daniel’s interrogation.

The Interrogation Video

The time stamp on the video showed that this was an edited version of the questioning.  Who knows what was left out or why? But we saw Daniel change his story repeatedly before he gave his confession… and don’t think the detectives didn’t notice the discrepancies.

Some of you may have seen snippets of the video on the Dateline episode. Just so you know, I have made fun of him repeatedly for the Tommy Bahama shirt he wore. He was arrested at his bachelor party.  I feel like this wasn’t a classy event.

The police brought Daniel in because they connected him to Sam Herr’s ATM card  through Wesley.  They are searching for Sam at this point: They still think he murdered Julie and is on the run. They even thought they might find Sam at the bachelor party.

Early on, Daniel owned up to being involved with Sam in a plan to defraud Sam’s bank.  Sam gave Daniel his ATM card and PIN. Daniel would arrange for money to be taken out of Sam’s account.  Sam would claim that he didn’t take the money out, and the bank would replace the “stolen” money.  That was it.  Daniel didn’t know where to find Sam.  He didn’t know anything about Julie’s murder.

Story changes…

He admitted that he lied to the police (that happens a lot on the video). He knew more than he originally told them. Sam had come to Daniel and Rachel’s apartment early Saturday morning. Sam was “freaked out” and told Daniel that there was a body in his apartment. He’d shot Julie the night before during a drug and alcohol fueled fit of rage. He needed help getting away. He asked Daniel to take his laptop and get rid of it.  Daniel dropped Sam off in Long Beach on Saturday afternoon. He didn’t know anything about the murder weapon. He hadn’t even seen it.

The CMPD wanted to know why Daniel agreed to help a murderer escape.

Daniel claimed he was afraid for his and Rachel’s safety.  Sam had threatened to kill them both if Daniel didn’t help him. In return for helping Sam get away, Daniel would take all of Sam’s money out of his bank account. Some of the money would get to Sam.  Daniel would keep the rest. He insisted that Rachel didn’t know anything about any of it.

The CMPD wanted to know how Daniel was going to get the money to Sam.

Now Daniel acknowledged that Sam had purchased a burner phone.  Sam would eventually call Daniel with information on how to get him money.

The police ask Daniel for a DNA sample to “eliminate” him.  He obliged, but remembered that he had been in Sam’s apartment on Friday night.  He had used the bathroom.

At this point, Daniel agreed to tell the officers everything ;  anything he could do to get out of jail for his wedding that Friday.

The officers were not buying Daniel’s story.  He wasn’t going anywhere.

He was being charged as an accessory to murder.

Daniel was in a lot of trouble. The police suggested he cooperate. Tell them everything. Lead them to Sam. That would look better for him in court. He should “man up.”  The officers asked him what they should tell his fiancée.  “Tell her I’m sorry,” he quietly mumbled.

Things continued to get worse for Daniel.  The police tried a perfectly legal but dishonest tactic.

They told Daniel about finding his DNA at Julie’s crime scene.

His story changed again.

Sam had taken Daniel up to his apartment and Daniel had seen “the goddamned body.” He said he saw the bullet holes in Julie’s head.

Things really unraveled for Daniel after that. Officers said that seasoned detectives weren’t able to see the bullet holes because of Julie’s position and her hair. Daniel tried to talk his way out of this error by saying Sam had told him that there were two shots. This didn’t work.

Now they were sure that Daniel was part of this murder.  Maybe he even shot Julie.  They tried to convince Daniel to “let it go” and that he would “feel much better,” once he told them the truth.

Daniel wanted to talk to Rachel.

That is where Judge Conley ended for the day.

Next up – The last witnesses