Viewer - Cara Rintala Trial: Live updates from Day 13 of courtroom proceedings

Cara Rintala Trial: Live updates from Da...

Monday March 4, 2013

9:06

9:04 a.m. Fred Contrada signing in for continuing coverage of the Cara Rintala murder trial. Prosecutor Steven Gagne has called Jamia Magarian to the stand. Magarian is with the special state police detective unit attached to the Northwestern DA's 9office. He was in charge of the crime scene at Barton Street on March 29, 2010, when police arrived to find Cara Rintala cradled her dead wife's paint-covered body in her lap.

Monday March 4, 2013 9:06

9:12

9:06 a.m. Gagne is asking the standard questions to establish Magarian's credentials. He has taken part in about 21 homicides as a police officer. Magarian got to 18 Barton at about 8 p.m. Outside temperature was in the 40s. Rintala and some police officers were there when he arrived. He points out the defendant in court.

Monday March 4, 2013 9:12

9:14

9:12 a.m. Magarian noticed there was a small dent on the storm door, that there were hack marks on the door, that there were wood chips on the carpet below the door. He could see Annamarie's feet at the bottom of the stairs, could see wet paint down there. There was a rocking horse that was tipped over.

Monday March 4, 2013 9:14

9:18

9:14 a.m. Magarian points out the wood and paint chips on the carpet below the door. He went a few steps down the stairs to get a look at the scene. Describes again the damage to the door. The glass portion of the door, Magarian noted, was not damaged.

Monday March 4, 2013 9:18

9:21

9:17 a.m. Magarian, at this point, said he asked everyone to leave the house the same way they came in. He wanted to get more control of the scene. (Magarian is testifying directly to the jury). Once Rintala had moved to the living room,Magarian asked her if police could search the house and cars in the garage and if they could have their clothing. She cooperated, signed a consent form.

Monday March 4, 2013 9:21

9:23

9:20 a.m. Rintala appeared upset and normal, a "cyclical mood swing," as Magarian puts it. She was concerned about her dog, which needed insulin. Magarian went into the basement, gave investigators booties and paper bags.

Monday March 4, 2013 9:23

9:27

9:23 a.m. Magarian talks about the gray vacuum he saw on the stairs. In the 0photos Gagne shows, the vacuum actually looks yellow with some clear plastic. It is on a step almost half way up the step. Magarian says Annamarie was on her back, her arms up. Freshly poured paint on her, no skin or coagulation on the paint. It had a pinkish hue. Annamarie's arms were slightly elevated. He checked the body for temperature and rigor mortis. It was cold to the touch. Arm, elbow and shoulder moved as one unit because it was stiff.

Monday March 4, 2013 9:27

9:32

9:27 a.m. Magarian talks about shelves next to the stairs. On one shelf he noted a dust pattern where something appeared to have been removed. Using Gagne's photos for illustration, Magarian points out various items, including a broken plate, on a floor near the shelves. There was no indication that the items had fallen off the shelf and landed on the floor, Magarian said.

Monday March 4, 2013 9:32

9:34

9:32 a.m. Gagne has essentially begged the question of how the broken items got on the floor.

Monday March 4, 2013 9:34

9:39

9:34 a.m. Magarian spoke to Cara. He left the house at about 11:30 p.m. Police were outside waiting for a search warrant. Magarian was among those who reentered the house on the morning of March 30. He did a walk through. Everything seemed to be in the same place as when he left. From 7:12 p.m. on March 29 to April 1, the scene was under police control, he said.

Monday March 4, 2013 9:39

9:44

9:39 a.m. Magarian refers to a photo showing a trash receptacle holding open the door to a cabinet under the sink. There were rags and cleaning products under the sink. Magarian confiscated two cell phones, one from the kitchen table, one from the bed in the bedroom. They belonging, he found to Cara and Annamarie. He looked on Annamarie's phone (the one in the bed) for missed calls and messages. There were five missed calls and five missed messages, all from Cara, he said. Magarian said he was trying to establish a time line.

Monday March 4, 2013 9:44

9:48

9:44 a.m. Magarian said the phones were brought back to the detective unit. Search warrants were obtained for them to be examined. Magarian found car keys, a credit card and driver's license on a table in the house. Magarian noticed there was standing water in both the bathroom sink and tub. Not much, he said. Drops. This was in the morning of March 30.
He looked in the closet in the master bedroom. Some clothes. A small safe. A brown purse that was unzipped and empty. Safe was smaller than a shoe box.

Monday March 4, 2013 9:48

9:50

9:48 a.m. In the bedroom, Magarian saw a watch on the dresser. Gagne is asking about other valuables in the house. There was a flat screen TV, DVD player, a second TV, Magarian said. Gagne is trying to establish that nothing of value appears to have been taken from the house.

Monday March 4, 2013 9:50

9:54

9:50 a.m. Magarian said he saw no damage to the house other than to the door and door jamb he mentioned earlier.
Magarian looked inside the Ford Explorer in the garage. Mac and cheese on arm-rest, bags on back seat, receipts visible. Gagne shows Magarian four receipts from inside the Ford.

Monday March 4, 2013 9:54

9:54

[Comment From GuestGuest: ]

Why did they need a search warrant if Cara had already consented and signed a release for a search?

Monday March 4, 2013 9:54 Guest

9:55

9:54 a.m. I'm not sure. I think they had to cross all their legal Ts and dot their legal I's.

Monday March 4, 2013 9:55

9:59

9:54 a.m. Gagne is showing Magarian a map on a stand. Hoose and Rintala are standing on my side of the courtroom so they can see it. They are blocking my view. Gagne is referring to the Holyoke Mall, a McDonalds in Holyoke, a Stop & Shop in Holyoke, a Burger King. There are all marked on the map. Gagne shows receipts from the mall, Stop & Shop and Burger Kig.

Monday March 4, 2013 9:59

10:05

9:59 a.m. Magarian says he himself traveled the route between Burger King and 18 Barton. They are 4.9 miles apart. It took him 11 minutes. Magarian says Sgt. Christopher Ray transfered to him a trash bag. Inside, Magarian saw three cloth rags. On the next day, March 31, Magarian took the bag from the garage into the house and put the contents on a piece of butcher paper to dry.

Monday March 4, 2013 10:05

10:10

10:05 a.m. Gagne asks to be heard at sidebar.
He resumes his questioning of Magarian. After seeing the rags, Magarian said, he remembered that one of the rags under the sink was similar to the pinl "burpie" or baby cloth.
Magarian was the last to leave. Locked the doors. Took down the crime scene tape. Took away trash from the residence. He was able to lock the door despite a dent in the door knob that was previously shown to the jury.

Monday March 4, 2013 10:10

10:15

10:10 a.m. Magarian said he went by 18 Barton St. dozens of times afterwards. Police decided to go back and remove the door. The new homeowners were given a new door. (This was nearly a year after the incident, March 2011).

Monday March 4, 2013 10:15

10:19

10:15 a.m. Magarian bought and installed locks on the door similar to the ones he originally noted. Gane introdues the door as evidence. court officers are carrying it to a place neat the witness stand. It includes the frame. Magarian points out red markings that depict where the section of door jamb was removed.

Monday March 4, 2013 10:19

10:19

[Comment From GuestGuest: ]

do you know what the time frame was on the receipts?

Monday March 4, 2013 10:19 Guest

10:20

10:18 a.m. I believe they were dated the day of Annamarie's death. The times were no doubt on the slips but were not noted by the prosecutor or the witness.

Monday March 4, 2013 10:20

10:24

10:19 a.m. Magarian said more than 26 people were interviewed regarding this investigation. Police spoke less formally to dozens more, he said. Magarian said Olesak was interviewed April 2, 2010, at Northampton police department. Oleksak was a co-worker of Annamarie. Magarian interviewed or met with Oleksak dozens of times, he said. Oleksak released to police his bank statements on March 29, 2010, as well as his phone records. He also released record of his visit with a physical therapist.

Monday March 4, 2013 10:24

10:28

10:23 p.m. Police obtained Oleksak's DNA and fingerprints, with his consent. In June, 2011, Magarian interviewed Oleksak's wife and daughter.
Gagne asks about Carla Daniele, a Springfield police officer. Magarian spoke with her on April 2, 2010. Daniele gave police a signed statement. Magarian said he has spoken with Daniele about 3 dozen times, met with her 7 or 8 times. She has released to police her fingerprints, phone records, banking statements. A record of her presence at a gym in East Longmeadow on the day of the incident. Daniele was there at about 3 p.m. that day.

Monday March 4, 2013 10:28

10:30

10:29 a.m. Magarian obtained as much surveillance video as he could find along the route Rintala took on March 29. He retraveled Rintala's route from Barton St, to the Holyoke Mall.

Monday March 4, 2013 10:30

10:30

[Comment From GuestGuest: ]

Is this why Oleksak was cleared as a suspect, because he had an alibi (physical therapy)?

Monday March 4, 2013 10:30 Guest

10:31

10:30 a.m. You, like the jury, must draw your own conclusion.

Monday March 4, 2013 10:31

10:37

10:30 a.m. Defense lawyers and Rintala again blocking my view as Magarian uses a map to show the route he took retracing Cara's route. Magarian traveled the route in the middle of the day, as Rintala did. Not much traffic, he said. Hardly any traffic lights. It took Magarian 54 minutes.

Monday March 4, 2013 10:37

10:37

[Comment From GuestGuest: ]

How is Carla Daniele related to this murder

Monday March 4, 2013 10:37 Guest

10:37

10:36 a.m. No one has explicitly said that she is connected with the murder. She appears to have an alibi.

Monday March 4, 2013 10:37

10:44

10:40 a.m. Magarian tells Gagne police determined when trash receptacles on that route were emptied. Police searched the landfills in Chicopee and South Hadley as well as dozens of dumpsters and trash receptacles. Police used bulldozers and backhoes to uncover the trash down to 30 feet looking for a bag seen in a surveillance video.
Gagne shows photo of Cara's Ford Explorer with items in the bed. They cannot be clearly seen in the photo. Magarian said police never found what they were looking for in the landfills.

Monday March 4, 2013 10:44

10:45

10:44 a.m. Magarian testifies about the Rintalas' finances. Hoose objects to Cara's payroll records. Sidebar.

Monday March 4, 2013 10:45

10:45

[Comment From GuestGuest: ]

Did they do more video surv. In mall. Like the stores she went in. If she used the bathroom?? Meaning Cara of course

Monday March 4, 2013 10:45 Guest

10:46

10:45 a.m. Prosecution has already shown some video of what purports to be Cara and Brianna in various mall stores and outside the mall.

Monday March 4, 2013 10:46

10:53

10:46 a.m. Gagne asks Magarian about a United Bank account in Cara's name. Magarian says Cara's 2009 gross income was $70K before taxes from her Ludlow paramedic job. Gagne shows Magarian Annamrie's payroll records. Her 2009 gross pay was $42,940. Her net was $33,591. This is from her AMR job as a paramedic.
Jan.-March 2010 payrolls records for Cara's Ludlow job entered.
Gagne asks Magarian about credits reports for both wives. Enters them into evidence.

Monday March 4, 2013 10:53

11:00

10:52 a.m. Magarian says he concluded they were in "heavy financial debt." Hoose objects. Rup sustains. Referring specifically to Cara's credit, Magarian says as of March, 2010, there was a balance of $20K in a Bank of America account. $26K in a Chase account. $7K in another Chase account.
He goes through several other accounts. When he says "balance" it is not clear to me if that means funds or debt.
It appears that "balance" means debt on loans. There was a $26K auto loan. A mortgage.
Rup breaks for mid-morning recess.

Monday March 4, 2013 11:00

11:13

From the newsroom:

While we're in a break -- readers seem to be split on whether it's helpful or distracting to have comments published in the live blog.

Early in the process I told Fred he didn't need to publish and respond to every single reader comment, but that it's helpful to publish questions that might offer the opportunity to clarify any confusing points for readers. Court proceedings are complex, so it's natural for people to have questions.

Fred has tried to remain focused on providing a faithful record of the proceedings, while answering some selected reader questions as time allows. It's a fine line to walk, and so far we're not inclined to turn off the comment functionality entirely because it is important for us to provide clarity if something isn't making sense to our audience.

Thanks for reading.

- Greg Saulmon / The Republican

Monday March 4, 2013 11:13

11:30

11:19 a.m. Waiting for the jury to enter. Lawyers and judge at sidebar.
Magarian still on the stand. Gagne clarifies that the "balances' on Rintala's credit report are debts.
Gagne cites Annamarie's credit report. There are balances due of $4,868, $600 of this is 180 days past due. Another debt of $2,584, $597 past due by more than 150 days. Another debt of $5K. An auto loan of $26K, same loan as is on Cara's report. A Chase Bank debt of $400. Another of $3K. Vic's Sporting Goods debt of $371. Arizona bank charge of $4K. Various other small debts. $949 from Kay Jewelers. Another $4K debt. A Sear's account $2,777 in the red. Verizon account that's $1K in the red.

Monday March 4, 2013 11:30

11:32

11:30 a.m. In summary, Annamarie had numerous debts, many of which she did not pay in a timely manner. Magarian says $33,609 of debt in all. $22,211 past due.

Monday March 4, 2013 11:32

11:33

11:31 a.m. Magarian said Rintala was indicted in Oct. 2011, 19 months after the incident. He worked with former First ADA Renee Steese at first. Steese was under former Northwestern DA Elizabeth Scheibel. David Sullivan is now the DA.

Monday March 4, 2013 11:33

11:35

11:33 a.m. The investigation changed hands when Sullivan took over for Scheibel, who did not run for reelection. Sullivan brought in his own staff, including Gagne. Steese is now in private practice.

Monday March 4, 2013 11:35

11:36

11:34 a.m. Magarian testifies that second round of DNA tests was received in late 2010, early 2011. The number of items per round that could be tested was limited. Hoose objects. Sidebar.

Monday March 4, 2013 11:36

11:37

[Comment From GuestGuest: ]

Fred earlier the witness stated that there were paint chips on the "carpet" from the door being hacked. Is this inside the residence? Leading the jury to believe it was hacked from the inside?

Monday March 4, 2013 11:37 Guest

11:37

11:36 a.m. No. I believe he was referring to the doormat or carpeting on the outside.

Monday March 4, 2013 11:37

11:39

11:37 a.m. Magarian says there were three of four rounds of DNA testing, paint analysis received in Dec. 2010. Print results received in Dec. 2010. Magarian says Sullivan came in Jan. 1, 2011. Gagne soon after came in for Steese. (Gagne is trying to explain why it took so long to indict Rintala).

Monday March 4, 2013 11:39

11:44

11:39 a.m. Magarian said the grand jury did not get the case until May, 2011.
Gagne done with questioning. Hoose on cross.
Hoose is going over the time-line with Magarian. When he got there, who was there before him. Fair to say this was more than your small department could handle?
Magarian: Yes.
Hoose: Not a lot of homicides in Granby?
Magarian: Last one in 1976.

Monday March 4, 2013 11:44

11:50

11:43 a.m. Hoose: You got there, there were already people sitting in the kitchen, people doing things. You learned people had come up and down the basement stairs. People had come in and out the damaged door. Your instinct was to preserve the crime scene as much as possible. What's done is done.
Magarian: Yes.
Hoose: Cara was at kitchen table with Granby paramedics and police. This was 90 minutes after she discovered the body.
Magarian: Yes.
Hoose: She'd already talked with several people at the scene. She already knew some of them.

Monday March 4, 2013 11:50

11:55

11:50 a.m. Hoose: Cara gave you consent to search, gave you her clothes, cell phone. You were being extra cautious in getting a search warrant.
Magarian: Yes.
Hoose: You found the dog food in the pantry. See any cat food?
Magarisan: I don't remember (there is some mysterious cat hair found atthe scene. No mention that antyone had a cat).
Hoose: When you saw Cara with paint on her, did you consider her a suspect.
Magarian: At point everybody is potentially a person of interest.

Monday March 4, 2013 11:55

12:02

11:55 a.m. Hoose: You don't know how the wood chips got on the door mat.
Magarian: Right.
Hoose shows earring backing found on mat. Points to what he says appears to be another earring backing in another photo. There are now two earring backings.

Monday March 4, 2013 12:02

12:05

12:01 p.m. Hoose shows a photo with earring found at bottom of basement steps. A red stud-type earring with no backing. Another earring was found at the autopsy, Hoose said, imbedded in Annamarie's back. Annamarie's body was not removed from 18 Barton St. until March 30, 31, Magarian said.

Monday March 4, 2013 12:05

12:08

12:05 p.m. Hoose: Someone took the earring into custody. Someone showed it to Annamarie's cousin. The cousin said it looked like one that Annamarie would have had, Magarian said.

Monday March 4, 2013 12:08

12:10

12:07 p.m. Hoose shows Magarian the photo of door knob dent, says t was not caused by the same thing that hacked the door. Magarian cannot confirm this. Hoose asks if Magarian recalls the ME saying Annamarie had multiple ear piercings. Magarian doesn't recall.

Monday March 4, 2013 12:10

12:13

12:10 p.m. Hoose shows Magarian photo of Annamarie's body, asks if he sees and earring in her right ear. He doesn't.
Hoose asks about Magarian's observations of Annamarie's body in the basement., Cara said she was prine when she found her. Dr. Richmond said at some point she had been on her stomach. When Magarian saw her, she was on her back.

Monday March 4, 2013 12:13

12:17

12:12 p.m. Hoose: Annamarie's body was found close to paint bucket, on her back. You learned Cara had rolled her away from bucket.
Hoose shows Magarian a photo of the body at the crime scene, points to a medical bag brought in by one of the paramedics. Magarian agrees there is paint on the side of the bag, paint in a number of areas around the basement.

Monday March 4, 2013 12:17

12:22

12:17 p.m. Hoose shows Magarian a photo of vacuum with paint on it, a laundry basket with paint on it.
Hoose shows the mess of broken things on the floor, the things on the shelves. Hoose asks if one of the two shelves in the photo appears to have been pushed forward. Magarian says he can't tell.

Monday March 4, 2013 12:22

12:24

12:22 p.m. Hoose is trying to establish that one of the shelves has been moved. He shows another photo. There are two shelves side by side, one white, one gray. Both have multiple objects on them. There are broken objects on the floor beneath the gray set of shelves.

Monday March 4, 2013 12:24

12:29

12:24 p.m. Hoose: Someone going down those basement stairsa could easily hit the shelf with an arm or a leg.
Magarian: Yes and no.
Hoose asks about Magarian's observations of Annamarie's body. (When Magarian answers Hoose's questions, he looks at the jury, not him).
Hoose: Her hand was elevated off the floor.
Magarian: Slightly.
Hoose: Do you have a photo that shows the elevation of her hands?
Magarian cites one photo but can't isolate it from other evidence.

Monday March 4, 2013 12:29

12:33

12:29 p.m. Hoose asks about a small plastic container next to Annamarie's body. Asks what color the paint on it is. Magarian says pink. (The paint that was poured on Annemarie was supposedly a kind that is pink when it is fresh but turns white. Hoose is apparently trying to show that the paint was pink the next day.
Hoose: What is "bio-glow"?
Magarian: Don't know.
Hoose shows photo with "bio glow" written on a container. Magarian says he knows nothing about "bio glow." Hoose suggests it is commonly used in tanning salons. Magarian can't say of Cara or Annamarie used tanning salons.

Monday March 4, 2013 12:33

12:40

12:33 p.m. Hoose asks Magarian about his observations upstairs at 18 Barton, asks about a trash can in the kitchen. You don't know how it got there? Did you look inside?
Magarian: No.
Hoose: You described what you saw in Rintala's Ford pickup. He shows Magarian photos of inside of truck. Offers the photos into evidence.
Hoose asks about the bedroom, the black cell phone on the bed, a purse on the closet floor.

Monday March 4, 2013 12:40

12:45

12:40 p.m. Magarian says he never looked in the safe. Doesn't know what was in there or what might have been removed. Says Annamrie's cousin identified the purse as Annamarie's. Says he found no money in the house, $100 in the van. Magarian says he saw jewelry boxes and a watch in the bedroom but no jewelry. (Hoose is apparently suggesting there could have been a robbery).
Hoose tells Magarian he had already decided robbery was not a motive in the crime.

Monday March 4, 2013 12:45

12:49

12:45 p.m. Magarian says he doesn't know what was missing in the house. He has not directly answered Hoose's question about the robbery motive. Hoose shows him more photos. We can't see at present what they're talking about.

Monday March 4, 2013 12:49

12:53

12:49 p.m. Magarian says he saw 4 laundry baskets in the house. Hoose offers photo into evidence. He is looking for an exhibit.

Monday March 4, 2013 12:53

12:58

12:52 p.m. Hoose refers to texts between Annamarie and Mark Oleksak. Would you agree that Ann seemed very anxious to see Oleksak? Asks Oleksak to skip his therapy and see her?
Magarian says he doesn't know.
Hoose: Were they just friendly chats between you and Oleksak.
Magarian: No, they were work related.
Hoose cites the texts about Oleksak coming over on Friday night. Oleksak seemed pretty excited about going over, right?
Magarian says he doesn't know.
Hoose: Did Annamarie text him that he has to stand in line before coming over?
Magarian: She says you can come over on Saturday.

Monday March 4, 2013 12:58

1:00

12:57 p.m. Hoose: Oleksak says he's coming on Friday night because Cara is working. Magarian doesn't remember this.
Hoose: Ann texts he can come over later. Oleksak says, but Cara won't be working on Friday. Does it concern you that Oleksak seems to know Cara's work schedule.
Magarian: No.

Monday March 4, 2013 1:00

1:00

1 p.m. Break for lunch.

Monday March 4, 2013 1:00

2:04

2:01 p.m. Court back in session. Trooper Jamie Magarian still on the stand under cross-examination by David Hoose. Hoose is showing him an anniversary card with the inscription: You're everything I wanted... Happy anniversary. Also, "Soon enough this anniversary will simply become a reference point for us... You are the love of my life... Ann." Also a noted from Ann declaring all the ways she loves Cara.

Monday March 4, 2013 2:04

2:07

2:03 p.m. Hoose: Signs of a struggle in the basement.
Magarian: Yes.
Hoose: You described touching the body. You are not a trained death scene investigator?
Magarian: Medical training, no.
Hoose: Do you have any certification as a death scene investigator.
Magarian: I've been to training seminars. Don't know how to answer the question.

Monday March 4, 2013 2:07

2:14

2:06 p.m. Hoose: You described standing water in the bath tub. Have you said you saw water in the tub in any previous report?
Magarian: Yes. On the death scene check list.
Hoose: Annamarie made a call that morning to her father at 10:39 a.m. Cara got called to work that morning. Ann home with Brianna, went to Chicopee to Sally's Beauty Supply. Spent $4.04. Unusual?
Magarian: I don't know.
Hoose: Do you know who she may have met or seen there?
Magarian: No.

Monday March 4, 2013 2:14

2:15

2:13 p.m. Hoose: Cara said she left the house at 2:30-3 p.m. so Ann could sleep. Ann had to work that night. Changes topic to the women's debt.
Gagne obects to line of questioning. Sidebar.

Monday March 4, 2013 2:15

2:21

2:15 p.m. (Gagne is objecting to Hoose's summary of the characterization of Ann as a "reckless spender".)
Hoose: Do you agree that Ann was a reckless and irresponsible spender?
Magarian: Yes.
Hoose: Cara and Ann kept their money seperate.
Magarian: Yes.
Hoose: Refers to the credit reports. You didnt mention the accounts that were closed. You know there's a $20K loan Annamarie took without Cara's knowledge. It shows up on Cara's credit report, where it says "pays as agreed."

Monday March 4, 2013 2:21

2:25

2:21 p.m. Hoose continues to cite financial records. Chase loan for Annamarie's Honda. Annamarie was paying Cara for the loan each month. Would you agree that Cara's financial report shows she is not in default on any obligations.
Magarian: Yes.

Monday March 4, 2013 2:25

2:26

2:24 p.m. Because of the way lawyer lay the foundations for their case, it is not always clear where they are going with their questions. People surmise answers. Sometimes I agree but I'm only guessing. My preference is to wait until these are stated explicitly in court and report them.

Monday March 4, 2013 2:26

2:30

2:26 p.m. Oleksak was helping Ann with her borrowing problerms?
Magarian: Yes.
Hoose: Olesak is married with children but had credit cards in Ann's name (Ann would be an additional user). She'd run up about $7K on those accounts.
Magarian: Yes.
Hoose: You were told Ann loved phones and gadgets. She had an AT&T account.
Gagne asks for sidebar.

Monday March 4, 2013 2:30

2:37

2:30 p.m. (Hoose was asking who Annamarie had been on the phone to in the weeks prior to her death when Gagne objected.)
Hoose shows Magarian a document. A collection notice with Annamarie's name on it. Did you investigate?
Magarian: If Gagne thought it was necessary to follow up I would have.
Hoose: Usually there's a reason people have different phones. (Gagne objects). Isn't it to make it difficult to trace who they're calling?

Monday March 4, 2013 2:37

2:40

2:37 p.m. Hoose: Could be something Annamarie wanted to keep from someone else. You didn't know Cara had investments. (Shows Magarian a document). In her name alone. The value of them as of 2008 was $92K. At end of 2009 is was $85K. Two days after Ann's death $86K.

Monday March 4, 2013 2:40

2:46

2:40 p.m. Hoose mentions Carla Daniele, a former girlfriend of Annamarie's. She's a fellow police officer. On March 29 she said she went to the gym. You obtained a video of he at the gym. She said she went out for a run while at the gym despite the pouring rain?
Magarian: Yes.
Hoose: Daniele and Annamarie had a romantic relationship at various points, even while Ann was with Cara?
Magarian: I think they were separated.
Hoose: Daniele said she was shocked when Annamarie decided to go back to Cara. Meanwhile, Annamarie had run up $10k on Carla's credit card.
Magarian: Both Annamarie and Cara.
Hoose: Daniele said she'd had no contact with Annamarie since she went back to Cara? But Daniele was one of the first persons called by Ann's parents after her death?
Magarian: Yes.

Monday March 4, 2013 2:46

2:52

2:45 p.m. Hoose: Oleksak acknowledged he loved Ann.
Magarian: Yes, good friends.
Hoose: Very, very good friends, wouldn't you say? Ann had expressed love for him too, even at the time she was marrying Cara.
Magarian: He told me that but I dont recall the exact time.
Hoose: Oleksak knew about Ann and Daniele. He found a love letter from Daniele to Ann.
Magarian: Yes.
Hoose: Oleksak admitted the relationship had been going on for years (but he denied they ever had sex). They would lie to their spouses and take the day off to be together.
Magarian: Oleksak called it "platonic."
Hoose: March 25, 2010. Oleksak said he went shopping with Ann, told his wife he was working. Ann was obsessed with getting a puppy that day. She persuaded Oleksak to look at a puppy in Ludlow.

Monday March 4, 2013 2:52

2:54

2:51 p.m. Hoose: Ann convinced Oleksak to give her $350 for the puppy. But she never got the dog. The next day she borrowed another $20 from him to buy a dog crate.
Magarian: I don't recall that.
Gagne asks for sidebar.

Monday March 4, 2013 2:54

2:55

2:54 p.m. Hoose is essentially entering into the record reports about Annamarie by asking Magarian questions and having him reply. He has established that Annamarie had relationships with Oleksak and Carla Daniele.

Monday March 4, 2013 2:55

2:57

2:55 p.m. It's to the advantage of the defense to establish Oleksak and Daniele as possible suspects.

Monday March 4, 2013 2:57

3:02

2:56 p.m. Hoose: Did you learn that Ann had been in Greenfield the previous evening through financial records? Do you know why Ann went to Greenfield the night before her death?
Magarian: No.
Hoose: Asking about Oleksak's professions of love for Annamarie. Did you discuss with Oleksak if he'd sent her flowers and a card shortly before her death?
Magarian: I don't recall.
Hoose: Oleksak wasnt truthful about where he was on March 29?
Magarian: That is not fair to say.
Hoose: You'd want to know if he had an alibi. He said he went to physical therapy and Home Depot. That wasn't true?
Magarian: No.

Monday March 4, 2013 3:02

3:07

3:01 p.m. Hoose: Oleksak was sleeping in the deceased sleeping bag. Struck you as a little odd? You went to interview him again in Nov. 2010. He said he went to Bob's Furniture. Did you find this on videotape?
Magarian: No.
Hoose: You asked Oleksak to sign releases for bank statements, etc. There were things on his bank records he didn't tell you, places he went. You didn't check his alibi until May of 2012. By then, some records were no longer available.

Monday March 4, 2013 3:07

3:12

3:06 p.m. Hoose: Show Magarian a photocopy of Biy Y receipt on March 29 from Olesak. One of the items he bought was cat litter. A Walmart receipt. Oleksak bought a pair of fleece pants. Did you ask him why he had to buy fleece pants at 4:30 on day of Annamarie's murder?
Magarian: No.
Hoose: Oleksak's phone records. There's a gap in text messages on day of Annamarie's murder.

Monday March 4, 2013 3:12

3:17

3:12 p.m. Hoose shows Magarian more documents about Oleksak's phone activity on March 29, 2010. 11:09 a.m. he makes a call. Doesnt use phone again to make a call until 9 p.m. Didnt you say there was a suspicious period of silence on Cara's phone on day of Annamarie's murder. What about Oleksak?
Magarian: He was out and about.
Hoose: By the way, Olesak's wife wasnt reall happy about his relationship with Ann?
Magarian: No.

Monday March 4, 2013 3:17

3:18

3:16 p.m. Hoose: Annamarie's father's prints were on the paint bucket. He said he didnt buy the paint. You never asked if he'd ever touched the bucket.
Magarian: I did ask.
Hoose asks to be heard at sidebar.

Monday March 4, 2013 3:18

3:20

[Comment From GuestGuest: ]

What was the question/response about the deceased's sleeping bag?

Monday March 4, 2013 3:20 Guest

3:24

3:2 p.m. Magarian has been on the stand all day.

Monday March 4, 2013 3:24

3:32

3:26 p.m. Magarian says Annamarie's father, William Cochrane, said he helped paint their apartment.
Hoose: Oleksak sent an email to the Ludlow funeral home after Annamarie's death. Magarian does not recall this. Hoose is about to introduce the email. He asks Magarian to look at it. Magarian doesnt remember.
Hoose asks about the rags from McDonalds. How do you know Cara went to McDonalds? She told you?
Magarian: Yes.
Hoose: asks about what the trash looked like, when it was brought in the house.

Monday March 4, 2013 3:32

3:36

3:31 p.m. Hoose: What else was in the trash? Did you look through every piece.
Magarian: No.
Hoose wants more detail about the other trash. Magarian says he doesnt know. Did you see a photo of that trash bag? Where was the photo taken? Can you find it by tomorrow? Do you still have the trash?
Magarian: No.
Hoose: You dont know what else Cara threw away?
Magarian: No.

Monday March 4, 2013 3:36

3:36

[Comment From DODO: ]

Did they say what the email to the funeral home from oleksak had stated And what the relevance was ?

Monday March 4, 2013 3:36 DO

3:37

3:35 p.m. No. Magarian said he did not remember seeing it and Hoose could ask no further questions.

Monday March 4, 2013 3:37

3:41

3:36 p.m. Hoose: Did you find anything on the dozens of other surveillance tapes you looked at?
Magarian: No.
Hoose: You tried to retrace Cara's route. She was killing tie, trying to give Ann time to sleep according to her testimony.
(Hoose is conferring with his partner Luke Ryan. Sometimes thre second chair thinks of questions the first chair has not asked. Hoose asks to go sidebar).

Monday March 4, 2013 3:41

3:46

3:45 p.m. They return to sidebar.

Monday March 4, 2013 3:46

3:58

3:48 p.m. Hoose done with cross. Gagne on re-direct.
Gagne: What did you mean by "struggle"?
Magarian: It could have meant only one person was struggling.
Gagne: Do you know with certainty the chain of events preceding Annamarie's death,
Magarian: No.
Gagne: Is there certification for a death scene investigator in Mass?
Magarian: No.
Gagne cites Cara's investment accounts. In 2008 there are investments and retirement funds, right? In 2008 investments were $10K, retirement $82K. In 2009, investments were $10.16, retirements about $85K. March 31, 2010, $10 in savings, (That's ten dollars). So with credit card debt and auto loans, how much debt did the two women have?
Magarian: Over $90K.
Gagne: Did you have any info that Cara made more than one trip to the mall?
Magarian: No.
Gagne shows still from Stop & Shop video. Did you ever determine what happened to the items in the back of the truck.
Magarian: No.
Gagne goes back to Daniele and Oleksak. You spoke to Oleksak's wife and daughter before Cara was indicted. Did you consider Oleksak or Daniele to be suspects when you went before the grand jury?
Magarian: No.

Monday March 4, 2013 3:58

4:00

3:57 p.m. Gagne: Asks how Magarian was guided in his investigation as to identifying suspects. Hoose objects. Sidebar.

Monday March 4, 2013 4:00

4:12

4:02 p.m. Gagne: What was your unerstanding of when Cara left house?
Magarian: 3 p.m. on March 29.]
Gagne: Why is that significant?
Magarian: Cara said Ann was alive then. Danieli had an alibi for that time and the time shortly afterwards. Oleksak too. (This depends on the time-line for Annamarie's death).
Gagne done with re-direct. Hoose on re-cross.
Hoose: You ruled out Oleksak because he said he was at Stop & Shop and Walmart? Didnt he originally tell you a different story?
Hoose done.
Gagne: Who were the only people home at 3 p.m.
Magarian: Cara, Annamarioe and Brianna Rintala.
Break for the day. Half day on Tues.

Monday March 4, 2013 4:12

4:25

From The Republican Newsroom:

That concludes today's live coverage of the Rintala trial. Thanks for reading today. Fred Contrada will be back on Tuesday morning with live coverage.

-- Joe Deburro / The Republican

Monday March 4, 2013 4:25

4:26