|By: 160. Diane McGarry | Date: Apr 19, 2010 |
|Happy Birthday Bro,
We would have surprised you wherever you were.
And I'm sure you would have been...
Love you forever.
|By: 159. del | Date: Apr 18, 2010 |
|50+ forever... Mike Daly lives on...
|By: 158. Del | Date: Apr 18, 2010 |
|Miss you bad, Mike. Toasted you today in Cali with CB, Bridget,Tom, Mary and Lisa... You're still with me every day, brother. I love you, always..
|By: 157. Dave de A | Date: Apr 18, 2010 |
|Mike, Happy 50th wherever you are . . . Wish you were here . . .
|By: 156. Kristan Schoel | Date: Apr 14, 2010 |
|Hi Roberta - It is Kristan - MJ's (Mackenzie's) mom from EduCare - Julia's friend. I have thought about you and prayed for you and your family these past four years. So happy to hear the verdict on the news the other day. Don't know if you are stil in Italy but we hope you are all doing well and wanted to let you know we are thinking of you.
|By: 155. tdaly | Date: Apr 14, 2010 |
|Mike was born in Sacramento and died in the same hospital where his daughter Julia was born. Yet he traveled the world in-between, and only came back to Sacramento to raise a family near his parents, so that his children might know who their grandparents were. And they did. Mike and his family were there for the last years of Grandpaís life and then death. They were out with family celebrating Grandmaís 87th birthday the night their papa died.
Aaron Dunn took the breath away from my brother with Julia and William strapped into car seats behind him and Roberta beside him.
The act of horror that claimed my brotherís life has continued to decay at the personal relationships within my family. We donít talk to each other or hold each other in the same regard. It was Mike who kept us all together. It was Mike who could see the good in each one. It was Mike who could look at each one of us as different as we are and let each one know he loved them. Without his insight and perspective we are not as close as we would have been. So the man who killed him continues to exercise such dominion over the rest of us by the act in which he took the life of one of us.
I believe that if Mike were here, he would not let that happen. At any cost he would have kept us talking and listening to each other. He would not tolerate how we treat one another. And he would know how to make it stop. Mike was bigger than the pettiness and irrelevances that life is scattered with for the rest of us.
This trial and all the events around it are a part of my Brother Mikeís life and legacy. His life was profound. I would hope that his death could be as striking. In the name of the brother I knew, the kind man who could see through walls of hatred, and whose life will transcend this moment and all that follows, may his children grow up with that message to contrast all others here. You cannot make us hate. You cannot turn our lives into what your life has become. You have no power to harm us any further.
|By: 154. Diane McGarry | Date: Apr 13, 2010 |
Today was a victory for the good guys.
4- Not Guilty
Two counts of guilty of murder in the 1st degree.
Five counts of attempted murder.
All counts guilty with special circumstances. We've waited four years to hear this sweet victory. The jury came back in a total of six hours with the verdict we were expecting / hoping to hear. The only count they disputed was the attempt to kill Stefanie Cartwright. She was the incredible witness who testified early in the trial the defendant pointed the shotgun at her, and then turned and fired at her boyfriend Adam Wheeler. The jury did the right thing. They were listening to all the evidence. We - the family - didn't know what to do this morning. We knew the jury was out for the verdict, so we knew we didn't have to be at the courthouse at 9AM. So a couple of us gathered at my rented apartment for a coffee and a roll, and by 10AM we knew we had to be at the courthouse waiting so the jury could see us when they broke for lunch. By that time, we knew they had asked for an audio player and to hear the testimony from Dr. Tucker, the paid psychiatrist, as he was being cross-examined by the DA. By early afternoon, they had asked to re-read the testimony from Adam Wheeler and Stefanie Cartwright. We speculated that since these were counts 3 and 4 that maybe they were through the two first degree murder counts already. None of us had ever been through anything like this before so we really didn't know what to think. We saw the jury break at 3.11PM and then go back into the deliberation room at 3.30PM. At 4.15PM the bailiff came out of the courtroom with instructions for the reporters and we overheard him say "it won't be long". Wow! A total of six working hours, and exactly 24 hours from when they received the case, and we were told the jury was ready to read the verdict. The family walked into the courtroom at 5pm. There were 9 or 10 police officers in attendance. Three of them surrounded the defendant. We knew something special was up. Maybe they were there for protection. Or maybe they were there because two of them - fellow police officers - had been attacked and they wanted to hear the verdicts. We'll never know. The jury entered the courtroom, many of them gasping at the sight of so many officers. I'm sure they realized at that point they were part of something totally life-changing. At 5.10pm with the family in their usual places in the second row, all tightly holding hands, the judge asked the court clerk to read the verdict. We were mesmerized as she read out seven guilty verdicts and one not guilty verdict. All the guilty verdicts were followed with special circumstances. The defendant remained seated - and stoic - throughout the reading of the verdicts. He had a smirk on his face at one point, and smiled at another, but to me, he was remorseless throughout. The family is relieved that this part of the process is now finished. This is the verdict we were hoping and praying for. Justice is served. Nothing will bring Mike back, but this is some comfort and closure for all of us. The next phase in the process is the penalty phase. With the first degree convictions, all with special circumstances, the same jury will now meet to decide the penalty to be served. The only choices for consideration are life without possibility of parole or death. They will reconvene next Thursday April 22nd to hear impact statements from the families and to hear from the defendant's family and friends as well. The judge feels that by April 27th the jury will be considering their choices, and by the end of April the defendant will know his fate. We will be here until the end. Thanks for all your love and support.
|By: 153. Diane McGarry | Date: Apr 13, 2010 |
|Monday April 12, 2010 - This is my last summary before the verdict.
We started this morning in Court with the Judge giving the Jury thirty minutes of instructions regarding the case they would be receiving later in the day. The Judge repeated each charge, and reminded them that along with each charge there were also special circumstances to
consider (discharging a firearm makes it a special circumstance).:
1 - Murder of Jon Johnson
2 - Murder of Mike Daly
3 - Attempted Murder of Adam Wheeler
4 - Attempted Murder of Stephanie Cartwright
5 - Attempted Murder of Vincent Marconi
6 - Attempted Murder of Tisha Smith
7 - Attempted Murder of Janelle Bestpitch
9 - Attempted Murder of Janelle Bestpitch
In addition, the attempted murder of a peace officer (counts 6,7, and 9) call for special circumstances) With a guilty verdict the "special circumstances" require a capital murder crime penalty (i.e. life without possibility of parole or death).
Counts 8 and 10 for Attempted Murder were previously dismissed for lack of evidence. (These were counts against Tisha Smith, the Police Officer, that the prosecution felt did not have enough evidence to prosecute.)
In order to convict the defendant of 1st Degree Murder the jury must decide that the defendant committed the act causing death, and that when he acted it was with malice aforethought. The defendant must have
acted willfully, deliberately, and with intent to kill.
Then the Prosecutor Scott Triplett gave his closing arguments in the "People vs. Aaron Norman Dunn". The jury sat riveted during his one hour point-by-point summary of the acts committed by the defendant
on the day of March 25, 2006. We all sat in rapt attention as Scott reviewed the evidence and the facts.
Since March 9th we've heard from 67 witnesses and reviewed almost 300 pieces of evidence. The jury will have access to thousands of pages of court
transcripts should they need to be reminded of any testimony. In my mind there is no doubt that these facts are not in dispute - the evidence is overwhelming and overpowering, the facts seem compelling
and convincing. But all 12 jurors must unanimously agree on each count, and even one juror in doubt could cause issues in the deliberations.
When the defense attorney gave her closing arguments today she focused on the one thing she feels the jury should consider - the defendant was so high on drugs
that night that he had lost touch with reality, felt he was being attacked by everyone, and was defending himself in battle against the police. He was in such a "meth-induced psychosis" that he had no idea what he was doing that night. She even used the widow Mrs. Johnson's
words - "he was a madman, he looked right through me" - to try to convince the jury that the defendant was not in his right state of mind when he killed her husband, shooting him in the head at point blank range.
She also blasted the DA for not calling his own expert to dispute the psychiatrist's testimony about the defendant's "disorder', implying that by not calling another expert, the DA must agree with the diagnosis. We all know the prosecution bears the burden of proof that
the crimes were committed, but it seems to me that "innocent until proven guilty" totally tips the scale the wrong way. It is so frustrating to watch the defendant smirking, nodding his head, making faces at the DA as his attorneys try to excuse his heinous actions.
In his rebuttal Scott relentlessly attacked the main defense witness Dr. Tucker, the paid psychiatrist, as a "complete joke", reminding the jury that the doctor never moved from his "paid" diagnosis regardless of the evidence.
He also reminded the jury that the one reason we are all together in this court room is that the defendant killed two people, tried to kill several others, and changed the rest of our lives forever due to the havoc he wreaked during his calculated killing rampage four years ago. The decisions he made that day - stealing a shotgun from a friend after not being able to get his own out of storage, giving the contents of that storage locker to his friend in exchange, paying for the drugs, negotiating to fill his car with gas, driving 53 miles to Elk Grove on four major highways,
navigating 12 street lights to get to his destination, making four phone calls on three different phones (to his sister, his mom, his wife, and his best friend) along the way - all point to a man who had reasonable control that day, and maybe just used the large amount of meth as courage to carry out his deadly plans. The DA also reminded us that his sister had let the defendant babysit her three small children that very morning for an hour and a half. Is this the same man being portrayed as a crazy madman?
We were finally reminded the defendant had encouraged his wife and his friend to "watch the news tonight". If this isn't evidenceof a man who was planning his actions, I'm not sure what is.
At various times in the rebuttal, Scott pointed to the defendant calling him a "coward". We've never seen Scott even look at the defendant. We thought the prosecution was extremely effective.
Now the case is in the jury's hands. They were given the case at 3pm today.
We hope they do the right thing.
|By: 152. CBS Channel 13 News | Date: Apr 12, 2010 |
|By: 151. court proceedings | Date: Apr 8, 2010 |
|Thursday April 8th, 2010. The Defense rested today after calling another good friend of the defendant; the "ex" common-law wife of the defendantís brother Patrick. Nancy Castillo testified that she thought the defendant had been taking massive amounts of methamphetamine and alcohol in the weeks before the shooting. And she also claimed he became a completely different person in the weeks before the shooting; he was paranoid, depressed, and delusional and hadn't slept in days. But what came out on cross-examination was that she was also a meth user at the time and had been using meth with the defendant's wife as well. We hadn't heard that about the wife before and, in fact, on the day of the shooting the defendant seemed fine, just tired. She even let her son go somewhere with his dad Patrick and the defendant that morning. That was the same morning that the defendantís sister had left her three young children with the defendant as well. So that was the last witness for the defense. The jury was excused for the weekend and the afternoon was spent with the judge and the attorneys discussing jury instructions. The closing arguments are scheduled for Monday morning, and then after jury instructions the jury will get the case for deliberation - most likely by Monday afternoon.