|By: 148. CBS 13 TV | Date: Apr 7, 2010 |
|Apr 6, 2010
Shooting Spree Trial Grows Tense
By David Begnaud
A fiery exchange during the trial of the man accused of a shooting rampage in Elk Grove nearly derailed the entire case against the suspect.
The judge and prosecutor in the trial of Aaron Dunn verbally sparred for a full hour during Tuesday's proceedings. The prosecutor demanded to be allowed to present certain evidence, but the judge denied his requests repeatedly.
At one point, the prosecutor said he would look stupid in front of the jury if he wasn't allowed to speak about the evidence, and the back-and-forth debate grew so tense the word "mistrial" was tossed around.
The families of the victims from the Elk Grove murders watched in fear as the argument continued, but after an hour, the prosecutor and judge agreed to move forward with the trial.
"I thought it was crazy," said Karen Johnson, the wife of television cameraman Jon Johnson, who was gunned down during the rampage. "The law seems to be very slanted for the defendant."
Dunn's attorneys have already admitted the suspect killed two people in the March 2006 shooting spree, but argue that methamphetamine use made him do it. The defense paid $60,000 to a psychiatrist who testified that Dunn was in a meth-induced psychotic state when he started shooting.
A police officer testified that Dunn told him after the incident, "I knew what I was doing that night."
Dunn also wrote a letter last week from jail to his brother, making reference to the judge in the case and saying he hopes "the drowns."
The prosecution is expected to contest the psychiatrist's conclusions during cross examination on Wednesday.
|By: 147. The Sacramento Bee | Date: Apr 7, 2010 |
| Prosecutor eager to attack psychiatrist in Elk Grove shooting spree trial
By Andy Furillo
Published: Wednesday, Apr. 7,
The prosecutor called the defendant a "sociopath" and the psychiatrist who testified on his behalf "a joke."
Deputy District Attorney Scott Triplett also said he wants the jury to know that Aaron Norman Dunn had a copy of the Satanic Bible in his trunk when he went on a killing spree in Elk Grove four years ago.
Triplett's remarks came in a Sacramento Superior Court hearing Tuesday to set the parameters of his cross-examination today of a defense-paid psychiatrist in Dunn's death penalty murder trial.
The psychiatrist, Dr. Douglas Tucker of the University of California, San Francisco, testified Monday that Dunn embarked on his March 25, 2006, killing spree in Elk Grove amid a "methamphetamine psychosis" episode.
His face at times turning red with anger, Triplett countered that Dunn, 33, is a "sociopath" who abused animals as a child, has a long criminal history and adhered to the Satanic Bible.
All of that should be "fair game," the prosecutor said, when he gets his shot in court to undermine the psychosis defense.
Triplett said Dunn exhibited "callousness and disregard" when he unloaded his shotgun on Laguna Boulevard on an early-spring Saturday night. Rather than having gone psychotic on meth, the defendant's symptoms more accurately reflected recognized mental conditions such as anti-social personality disorder and intermittent explosive disorder, the prosecutor said.
"This doctor chose to not even go there," Triplett said. "He didn't even conduct a test or an examination on this guy. And I think it's proper cross-examination to show what a joke this doctor is, coming in here and basically being paid $60,000 to write an 18-line report to say that this is meth psychosis and basically ignoring any other potential diagnosis out there."
Defense attorneys have admitted that Dunn shot and killed cameraman Jon Johnson, 46, and salesman Michael John Daly, 45, in his March 25, 2006, rampage. But they said he was so impaired by the drugs that he couldn't form the intent needed for first-degree murder. They conceded that Dunn, 33, is guilty of second-degree murder.
The case has consumed 12 court days since March 9 and is winding toward closing arguments early next week.
On Tuesday, it featured its most heated moments yet, with Triplett arguing for wide latitude in his cross-examination of Tucker. At one point, he even wanted to bring in already excluded evidence about Dunn's four-year stint in the old California Youth Authority.
Judge Michael W. Sweet, in lengthy colloquies with the prosecutor, said he favored a "vigorous, far-reaching cross-examination." Sweet told Triplett, "I appreciate you want to attack the doctor."
"Go for it," Sweet said.
But the judge also warned Triplett to stay out of territory walled off by his pretrial rulings and to be wary of references to unsubstantiated psychiatric diagnoses. "We want to make sure we don't have a problem and we don't have to redo this thing," Sweet said, referring to the possibility of a mistrial.
Triplett then said he should be allowed to delve into reports that Dunn had been suspended from school as a youth "because he's smacking animals." He said Dunn's record contains "repeated examples about this defendant that show he's a sociopath." More recently, he has dealt methamphetamine, the prosecutor said.
"Let's not get too carried away here," the judge responded. He told Triplett that straying into restricted prejudicial information is "what mistrials are all about" and that "we are so far along we don't want to get hung up on areas that could be a problem."
Undeterred, Triplett told the court he wants to refer to the Satanic Bible in his cross-examination "as a motivation for why these crimes were committed."
"He doesn't have Christian beliefs, your honor," Triplett said of Dunn. "He's got a Satanic Bible. He's had it for some time."
The 1969 book by Anton Levay is a collection of essays on Satanic "rituals and ideology" that reflect Satan as "a symbol of struggle against a tyrannical God," according to gotquestions.org.
Defense attorneys said references to the book should be excluded.
"He throws out the term 'Satanic Bible, which … sounds pretty scary, but we don't even know what it has in it," said Hayes Gable III, defending Dunn along with Assistant Public Defender Amy Rogers. "And besides that, there's no evidence that (Dunn) attended covens, or whatever they call those get-togethers that those folks have."
Sweet said it "might be a stretch" to connect the Satanic Bible to the Elk Grove killings, but the judge did not specifically bar its use from today's cross-examination.
|By: 146. court proceedings | Date: Apr 6, 2010 |
|TUESDAY APRIL 6, 2010…Court was in session for only a few hours today but no jury was present. The attorneys and the judge were discussing how much the prosecutor could reveal to the jury during his cross-examination of the psychiatrist we heard yesterday. The DA would like to discredit some of the biased testimony that the jury heard. The opinion of the doctor points to only one diagnosis, ("meth-induced psychosis"), when clearly the defendant was able to plan his revenge and carry out his plan even while hyped up on drugs. The DA believes the doctor should have considered other factors and motivations for the defendant’s explosive behavior.
The judge is encouraging a "full throttle" cross-examination to get to the truth but is not allowing any revelation of the defendant's criminal background.
We learned today that the defendant has a criminal past. He spent four years incarcerated as a juvenile for various criminal activities. He was kicked out of school for mouthing off to teachers and for abusing animals. He probably was dealing drugs to support his habit and he lived his life by the "Satanic Bible" which may have encouraged him to kill indiscriminately and revel in the act. Unfortunately the DA may not be able to use any of this in his cross. The jury returns tomorrow at 9AM.
|By: 145. Sacramento Bee | Date: Apr 6, 2010 |
|Psychiatrist testifies to meth psychosis in killings, but defendant's words cast doubt
By Andy Furillo
The Sacramento Bee
Published: Tuesday, Apr. 6, 2010
A psychiatrist testified that Aaron Norman Dunn was "paranoid," "delusional," even "nuts" the night four years ago that his methamphetamine-laced shooting rampage killed two men in Elk Grove.
But defense attorneys face potentially large obstacles in their efforts to avert the death penalty for their 33-year-old client – his own words.
On Monday, Deputy District Attorney Scott Triplett told the court that sheriff's investigators at the jail intercepted a March 27 letter in which Dunn wrote to his brother that he hopes the judge who is presiding over the case "drowns."
Dunn's lawyers, Assistant Public Defender Amy Rogers and Hayes Gable III, also have to contend with testimony that their client admitted two days after the fatal March 25, 2006, shootings that "I knew what I was doing that night."
Salesman Michael John Daly, 45, and cameraman Jon Johnson, 46, died when Dunn – distraught over the breakup of his marriage and fueled by a months-long methamphetamine run – opened fire on them while they were leaving popular Laguna Boulevard restaurants after having dinner with their families.
Prosecutors are seeking capital punishment in the case. The defense lawyers have admitted that Dunn killed the two men but say the onset of a methamphetamine psychosis makes it only a second-degree murder case, not eligible for the death penalty. The key defense witness, Dr. Douglas Tucker, a UC San Francisco psychiatrist getting paid $60,000 for his work in the case, testified Monday that Dunn's psychotic methamphetamine episode culminated in the rampage.
According to the psychiatrist, Dunn had been shooting up for six months, hadn't slept in a week and had injected a full three-and-a-half grams of crank the day before the spree. Tucker said Dunn, who had also been drinking, was upset about his wife leaving him for a police officer and that her decision figured into his nonfatal shooting assaults on law enforcement personnel the night of his homicidal attacks.
"He thought his wife was organizing these people to arrest him or kill him," Tucker told the jury.
While Tucker recounted witness characterizations of a wild-eyed madman who jumped into a victory dance after shooting and killing Daly and Johnson, the defendant himself suggested afterward that he was clear-headed during the spree, according to other testimony in the case.
Officer J. McHenry testified earlier in the trial that while he was providing security in Dunn's hospital room at the UC Davis Medical Center two days after the shooting, the defendant told him, "I knew what I was doing that night."
Defense lawyers unsuccessfully sought to exclude the officer's statement from trial.
After Judge Michael W. Sweet ruled the testimony admissible, Dunn leveled his written broadside in the jail letter to his brother that authorities seized March 27. Prosecutor Triplett told the court Monday – outside the presence of the jury – that Dunn used an expletive in writing about the judge, who took a previously scheduled vacation last week, "I hope the ----- drowns."
Defense attorney Rogers said in court that the statement was irrelevant to the case. Triplett, however, suggested he might want to use it when he cross-examines Tucker today.
|By: 144. court proceedings | Date: Apr 6, 2010 |
|MONDAY APRIL 5, 2010
The defense began presenting their case today with a "throw-away" witness. She was an optometrist who testified for 20 minutes about myopia. The main point was the fact that, without his glasses, the defendant couldn't possibly see anything after the crash. He picked up the shotgun, but not his glasses that fell when he crashed, and apparently couldn't see what or who he was shooting at, even though he clearly made a choice not to shoot at Stephanie Cartwright, choosing instead to shoot at her boyfriend in the passenger seat of the car. And then he chose not to shoot at another woman who was in the car with her family. And how close did he really need to be to see the face of Jon Johnson when he shot him point-blank from a foot away? The DA made the point on cross-examination by standing a car-width away and asking the doctor if the defendant would have any trouble seeing someone across the trunk, or chasing someone around a car. "No trouble at all" according to the expert. He also was wearing his glasses before the crash at the time he shot Mike.
The major testimony of the day came from Dr. Tucker, an established expert in the area of "addiction and forensic psychiatry". The first hour was spent presenting his credentials to the jury. He claimed he has been able to form an opinion about the defendant's state of mind on the day of the shootings. He has spent 130 hours (at $450 per hour) mostly reading testimony of previous witnesses to establish his opinion. He has literally spent less than 10 percent of his time interviewing the defendant (about 12 total hours in 5 separate interviews). And his last interview was less than a week ago. So after an initial expense to the state of $60,000 he told the jury, that in his expert opinion, the defendant was in a "meth-induced psychosis" when he committed his crimes. When the defense attorneys finished with their questions there was a flurry of activity regarding the failure of the defense attorneys to turn over the doctor's notes and interview transcripts to the prosecution. So the judge dismissed the jury until Tuesday at 1.30pm and spent the afternoon deciding what transcripts could be "discovered" by the DA. So we begin Tuesday with the DA's cross-examination of Dr. Tucker. There may be another witness or two before the defense rests their case. It doesn't seem likely we will hear closing arguments until Monday of next week. We are so close to having the judge give the case to the jury, but the DA does not want to miss any opportunities to expose the pitiful defense to them before he does. One item of interest this morning happened before the jury was seated. Apparently the defendant wrote a letter to his brother on March 27th (just last week), two days after the prosecution rested, and one day before the judge left on a personal vacation. In the letter the defendant "hoped the judge drowned" while gone (he didn't use those exact words). The jury may not get to hear about this letter, but it is just another indication of the defendant's total lack of remorse or concern for anything.
|By: 143. Perminder Bindra | Date: Apr 3, 2010 |
|What an interesting life Mike led and what a tragedy he was cut down like that. reminds me of John Lennon.
|By: 142. ginger daily | Date: Mar 31, 2010 |
|Just checking in on the Dalys....thoughts and prayers are with you at this difficult time.
|By: 141. Linda (Cardona) Alfonso | Date: Mar 30, 2010 |
|The website was forwarded to me by a friend from GHS. What a beautiful website. It was a great way to start my day. I plugged in my earphones and listened to Mikes music all day at work! Thanks Mike, Love ya, Miss you.
|By: 140. Diane McGarry | Date: Mar 30, 2010 |
|This is a tough day for all of us, Mike. Miss you Bro, but I'm sure you know we are looking out for Roberta, William, and Julia.
Yankees open with the Sox on Sunday! Somehow I know you'll be watching.
|By: 139. Pam Rowland Van Cleave | Date: Mar 30, 2010 |
|This site was forwarded by a friend (Jill Farr) I knew Mike from Glendora days but have not crossed paths since 1975. What an extraordinary life he led. This site is a beautiful tribute. My heart goes out to his family, may he rest in peace.