Viewer - Cara Rintala Trial: Live updates from Day 14 of courtroom proceedings

Cara Rintala Trial: Live updates from Da...

Tuesday March 5, 2013

9:12

9:08 a.m. Fred Contrada signing on for continuing coverage of the Cara Rintala murder trial. The defense has called a witness out of order because the prosecution's next witness is not ready. David Hoose has called Mark H. Babineau, the chief of the Ludlow Fire Department where Cara Rintala worked as a paramedic. Hoose is questioning the chief about calls made to Rintala about going out on an emergency. Rintala accepted the call and arrived within 20 minutes.

Tuesday March 5, 2013 9:12

9:12

9:11 a.m. Sorry for the delay. My system is extremely slow and it takes a long time to boot up and be ready.

Tuesday March 5, 2013 9:12

9:15

9:12 a.m. The call had to do with a motor vehicle accident, Babineau said. Later in the afternoon, there were calls to Rintala to which she could not respond. Chief says if they refuse to com in, their spot is filled. It's not uncommon for firefighters to not answer the phone. Then you still have two chances for the spot to work OT.

Tuesday March 5, 2013 9:15

9:22

9:15 a.m. Cara took a leave of absence after March 29, 2010, the chief said. She came back in the fall, continued to work till spring of 2011. Hoose has no more questions. Gagne on cross.
Gagne asks what a firefighter/paramedic is. Babineau said new hires have to go through the Mass. Firefighters Academy.
Gagne: How strong to you have to be?
Chief: There's a standard, no different for women/men. You have to be fit, have stamina, reasonable strength.
Gagne: The gear itself is heavy.
Chief: 30-40 lbs.
Gagne asks about payroll records. Rintala earned $70K a year in her job, according to previous testimony. Gagne shows the chief a payroll document for Cara. Asks what the rules are about how long you have to be there for OT. Gagne refers to a sheet that shows Cara worked 3 hours OT. Same a few days later (this is in the week or two prior to Annamarie's murder).

Tuesday March 5, 2013 9:22

9:25

9:22 a.m. Gagne: There are multiple times when she worked 20-50 minutes and got three hours OT. Chief agrees. Gagne asks about firefighters and criminal records. Babineau says there are background checks. He has never experienced someone in his department being convicted of a crime.
Gagne done with cross.

Tuesday March 5, 2013 9:25

9:28

9:24 a.m. Gagne recalls Trooper Jamie Magarian, who testified yesterday, to the stand to address one point. Magarian was on the stand all day Monday. He was in charge of the crime scene at 18 Barton St. On Monday, Hoose asked him to locate a photo of the McDonalds trash bag that was recovered by police. He has it and Gane offers it into evidence. The prosecution says Cara dumped something in this trash receptacle. They recovered some rags. Gagne shows photo of the trash bag on the floor of Rintala's garage. In addition to the rags, there was other trash in the bag. Police have not identified the other items.

Tuesday March 5, 2013 9:28

9:33

9:28 a.m. Gagne calls Helen Hurteau. They go to sidebar.
Hurteau lives at 21 Barton St., near the former Rintala house (across the street, to be precise). She says she knew both Cara and Annamarie. They were friendly but didn't really socialize. Hurteau went over there once to watch Brianna. She can see the Rintala house from her kitchen window.

Tuesday March 5, 2013 9:33

9:37

9:32 a.m. Gagne shows a photo of the back of the Rintala house. This is a side Hurteau can't see from her windows. Hurteau had a conversation with Cara the previous summer at the mailbox.
Hoose objects. Sidebar.

Tuesday March 5, 2013 9:37

9:38

9:36 a.m. Often witnesses are not allowed to testify about what other people say, this being deemed "hearsay." There are exceptions, however.

Tuesday March 5, 2013 9:38

9:42

9:38 a.m. Gagne asks again about the conversation. Hurteau said Cara told her Ann had moved out and done some hurtful things, like taking money out of Cara's 401K. Gagne shows her a document of a previous statement Hurteau made to police. In that statement, she said Cara used the word "embezzled." Cara told Hurteau it would take her a lifetime to get out of that financial difficulty.
Gagne done. Hoose on cross.

Tuesday March 5, 2013 9:42

9:45

9:41 a.m. Hurteau says she never saw Annamarie and Cara fighting. Hoose asks if Cara was calm when she was telling her this. Hurteau says yes. Hurteau says Cara said Annamarie had cleaned out Brianna's account as well.
Hoose done. Hurteau steps down.

Tuesday March 5, 2013 9:45

9:51

9:45 a.m. Rup explains to the jury that witnesses will testify about things Cara said. They must decide if she in fact made these statements. If so, they may consider them for limited purposes, i.e. Cara's state of mind regarding the charge against her. (They are going to enter into evidence a transcript of Cara's and Annamarie's appearance before a district court judge regarding their grievances against each other).
Rup tells the jury they can't take this evidence as a substitute for proof that Cara killed Annamarie.

Tuesday March 5, 2013 9:51

9:57

9:50 a.m. Gagne calls Al Wishart, Granby Chief of Police. Wishart is explaining the system of answering calls at his department. Gagne turns to a Dec. 27, 2008 incident. Annamarie came to the station. Wishart knew her from her work at the fire department. Annamarie had Brianna with her. The girl was about 2. Annamarie was crying, upset. She made a written statement. Wishart was drawn to another part of then station to meet with Cara. He knew her from the public safety business as well.

Tuesday March 5, 2013 9:57

10:01

9:56 a.m. Wishart gave Cara her Miranda warnings. Gagne asks the chief to say what Cara told her: She and Ann had been in an argument, but there were no blows. Cara seemed calm and wanted to see Brianna. Wishart went back and spoke with Ann, who told him the same story. The chief told Cara she was being placed under arrest for Assault and Battery, domestic. She went from calm and cooperative to angry and aggressive, told me I was not going to arrest her for that. Cara asked Wishart what would happen if she said Ann had hit her. He told her Ann would also be charged in that case.

Tuesday March 5, 2013 10:01

10:03

10 a.m. Wishart and Cara in booking room. Prints taken, photo. Cara told the chief that Ann grabbed her neck during the argument. She had a red mark on her neck. Wishart asked her to write a statement about what occurred. Gagne produces a document of the statement. Hoose asks to be heard at sidebar.

Tuesday March 5, 2013 10:03

10:12

10:06 a.m. Gagne asks Wishart if Annamarie was told she could get a restraining order. Gagne asks to admit the restraining order. Hoose objects. Sidebar.
Rup tells jury the order will be admitted.
Wishart told Cara the order was issued and what she was unable to do because of it. No contact with Ann or Brianna. She hads to stay away from 18 Barton St.
Gagne: How did she react?
Wishart: She had a hard time understanding why she couldnt see Brianna. Kept saying, Why, why, why

Tuesday March 5, 2013 10:12

10:13

10:11 a.m. The matter proceded to court. A criminal complaint issued against Cara.
Another sidebar.

Tuesday March 5, 2013 10:13

10:19

10:15 a.m. Gagne asks Wishart if he called any other agency. He says he called the Department of Children and Families.
Rup tells jury that they heard about criminal charges brought against Rintala and a restraining order obtained. They can only consider this in terms of Cara's state of mind or motive or intent on March 29, 2010.

Tuesday March 5, 2013 10:19

10:26

10:20 a.m. Hoose: Cara and Ann got to the station within minutes of each other. Ann got there first, made some allegations. You didn't see any physical injury to Ann. Not unusual, is it?
Wishart: No.
Hoose: Did you seek a complaint v. Ann? Yes, says the chief. Hoose says the restraining order vacated on Sept. 29, two days after it was issued.
No more questions. Chief steps down.

Tuesday March 5, 2013 10:26

10:33

10:25 a.m. Gagne calls Lynn Menard, dispatcher for Granby PD. She explains how the system works. What happens when a 911 call is abandoned.
Gagne cites 12:09 p.m. on May 12, 2009. Did you receive a call?
Menard: Yes, an abandoned 911 call. The system showed the name, address (18 Barton) and phone number. I called the number back. Someone picked up the phone and hung up. I heard screaming. It lasted a couple of seconds. I called again, spoke with "Mrs. Rintala."
Hoose objects.
Sidebar.

Tuesday March 5, 2013 10:33

10:35

10:32 a.m. Gagne asks Menard what "Mrs. Rintala" said.
Menard: That the baby was playing with the phone, it dropped and hit her in the head. Then she said "Just leave, just leave" to someone. Menard notified police officers.
Gagne done. No questions from Hoose.

Tuesday March 5, 2013 10:35

10:38

10:35 a.m. Gagne wants to introduce a May 12, 2009, complaint for divorce filed by Cara in probate court. He calls Barbara Fenn (a Granby police detective who previously testified).
Gagne: 1:18 P.M., May 26, 2009. Fenn was sitting in dispatch. Fenn answered a 911 call from Cara.
Hoose objects. Sidebar.

Tuesday March 5, 2013 10:38

10:44

10:41 a.m. Gagne: 4 1/2 minute phone call. He plays it. Someone purported to be Cara can be heard, but there are technical difficulties, Rup taks the morning break. Back at 11:15 a.m.

Tuesday March 5, 2013 10:44

11:03

11 a.m. I've been trying to clarify some of the testimony. What I was told is that Annamarie got the the station first and made her complaint against Cara. Cara got there and said they had an argument but there were no blows. Annamarie then told police the same thing SHE HAD SAID BEFORE, and they charged Cara with donmestic A&B. We have not heard the substance of Annamarie's complaint.

Tuesday March 5, 2013 11:03

11:03

[Comment From GuestGuest: ]

Is today a long day?

Tuesday March 5, 2013 11:03 Guest

11:03

11:03 a.m. No. Half day. Court ends at 1 p.m.

Tuesday March 5, 2013 11:03

11:05

11:03 a.m. The defense wants to keep out the substance of Annamarie's restraining order, what she said Cara did to her. I can't say I understand all the legal reasons for granting this, but there are some, including the fact that Annamarie is dead and cannot be cross-examined about what she wrote.

Tuesday March 5, 2013 11:05

11:10

11:05 a.m. Rup is talking about voir direing a witness before the jury comes back. They are discussing the admissibility of certain testimony and evidence.

Tuesday March 5, 2013 11:10

11:10

[Comment From GuestGuest: ]

Is this still expected to end this week?

Tuesday March 5, 2013 11:10 Guest

11:11

11:10 a.m. Last I heard, but this could change.

Tuesday March 5, 2013 11:11

11:13

[Comment From GuestGuest: ]

Were they able to determine who the earings belonged to?

Tuesday March 5, 2013 11:13 Guest

11:14

11:13 a..m. The defense says they were Annamarie's. Her cousin supposedly IDed them.

Tuesday March 5, 2013 11:14

11:22

11:14 a.m. Jury entering. Gagne says he has resolved the technical issues with the 911 recording from Cara to police.
Granby police Det. Barbara Fenn on stand.
Cara identifies herself, says Annamarie threatened her. Says Ann is there now. Cara starts to cry. Sounds frantic. Getting a divorce. Gets hysterical. Says she's ok. (It's really hard to make out what she's saying). Dispatcher asks Cara to come to the station and bring her daughter. "What am I gonna do?"

Tuesday March 5, 2013 11:22

11:26

11:21 a.m. Fenn testifies she reposnded to the house after the 911 call. Ann and Cara were outside. I spoke with Ann. Another officer spoke with Cara. Ann was upset. We told them they could both seek restraining orders.
Gagne shows Fenn the restraining orders the wives filed against each other. Rup admits them over Hoose's objection.
Gagne shows Fenn a divorce petition by Annamarie. May 26, 2009. The day Cara made ther 911 call.

Tuesday March 5, 2013 11:26

11:27

11:26 a.m. Gagne done. No questions from Hoose. Fenn steps down. Sidebar.

Tuesday March 5, 2013 11:27

11:31

I can't get into the suicide unless it gets mentioned in this trial.

Tuesday March 5, 2013 11:31

11:34

11:31 a.m. Rup tells the jurors that Gagne is goig to play a recording of a hearing in Belchertown District Court in June, 2009. Cara is heaqrd to make certain statements. Then a witness will read into the records the statements of the judge. This will help present the germaine evidence to the jury.

Tuesday March 5, 2013 11:34

11:40

11:33 a.m. Gagne calls ADA Matthew Thomas, who will read the judge's words into the record. Plays recording.
Cross complains. Both are sworn in. The two identify themselves. Judge asks if they are married, have a child. Both of you here seeking restraining orders. Asks Cara on what basis.
Cara says she's taken all she can take and is afraid to be in the house, is constantly threatened verbally and bodily. Says she filed for divorce 2 weeks before. We always said we wanted to share custody but Ann departed from the plan. We drove off in different directions. Ann was loud and constantly threatened me. Incident in Oct., a long story. She'll take my livlihood, my daughter. I don't know what to do. I'm afraid. I want peace in the houswe. I pay all the bills myself. I dont know what to do.

Tuesday March 5, 2013 11:40

11:43

11:40 a.m. Thomas reads: I'm issuing two restraining orders of no abuse. Deal with it as parents.
Ann? speaking: I called Granby PD and they told me to come here.
Thomas: I'm not going to play games with this. I'll call DCF right now. I dont tini either one of you is staboe enoughto deal with this child. Is that what you want? If one of makes an allegation of abuse, you better have documentation. 'll be on the phone to DCF so fast they'll be here before you get out the door.

Tuesday March 5, 2013 11:43

11:46

11:43 a.m. Rup again tells the jury what limited use it may make of this evidence. Cara's state of mind and motivation on March 29, 2010.
Gagne calls Lucy Cochrane, Annamarie's mother.

Tuesday March 5, 2013 11:46

11:50

11:45 a.m. Lucy Cochrane takes the stand. Her husband is William Cochrane. Annamarie was 38 when she died, Cochrane said. Ann has a brother Charles. Ann went to Western New England College and took a course in criminal justice. She worked for AMR ambulance.
Cochrane talks about Annamarie meeting Cara. She points out Cara in court. Annamarie took Cara's last name, she says. Cara bought the house at 18 Barton. Cochrane was at the house for birthdays, dinner, babysitting, etc. Brianna was 5 days old when they adopted her. Lucy would go there at least once a week.

Tuesday March 5, 2013 11:50

11:55

11:50 a.m. In early 2010, Brianne was almost 3. Lucy: "She'd go down (nap) by 1:30." Brianna would eat at 4:30-5:30 p.m. Two had two cats and two dogs. Cara had the cats already. When Ann died they just had the dogs. Cat there as recently as the fall before the murder. (This is a possible explanation for the cat hair).

Tuesday March 5, 2013 11:55

12:01

11:54 a.m. Ann moved out, the Cochranes helped to paint, set up dishes for Ann at her apartment. There was paint left over.Ann said Cara wanted the leftover paint.
Cochrane recalls getting a phone call. Ann asked me to come to the apartment. I was there with Brianna. Within 45 minutes I got a phone call from Cara. She said, "You better come and get your (blankety-blank) daughter out of my house." She says Cara was yelling, frantic. (Cara didnt use the term blankety-blank).
March 29, 2010. The Cochranes were home in Springfield. "Afetr I got that phone call, I just cant remember the day," Lucy says. The call came 7:30-7:45 p.m. from Cara. She was frantic, telling me Annamarie had died. (Mrs. Cochrane crying on the stand).

Tuesday March 5, 2013 12:01

12:03

From the newsroom:

Lots of comments popping up on the back end about a reference to a suicide. This excerpt from a previous story offers the background on that:

Carla Daniele is a Springfield police officer.

Daniele was listed in one of Annamarie Rintala's obituaries as being among her "numerous cousins, extended family members and special friends."

She has been on leave from her job at the police department since late January when her domestic partner, Amy A. Vacirca, committed suicide using Daniele's service weapon at their home in Agawam, police said. Hampden District Attorney Mark G. Mastroianni said he will determine if there is evidence to support Daniele being charged with improper storage of the gun. Springfield police are investigating also.

- Greg Saulmon / The Republican

Tuesday March 5, 2013 12:03

12:04

12 p.m. Lucy says she talked to Cara the next morning. Cara told her the story about her errands with Brianna. Brianna looked down the cellar and said, "Mommy, mommy," Cara told her.
Gagne: Did Cara say what she did at that point?
Lucy: No. (Wipes her eyes).
Cara told Lucy she was at the police station all night.
Lucy Cochrane has not spoken to Cara since then.

Tuesday March 5, 2013 12:04

12:10

12:03 p.m. Hoose on cross.
Hoose: Cara called again the next day, gave you a quick description of what she remembered. You knew Ann and Cara tried to set up their shifts so they wouldnt need babysitters. Summer of 2009, things were really bad between Ann and Cara. They separated.
Hoose asks about Mark Oleksak. A friend of Ann, had a special bond with her, he'd been to your house, you knew he was married. She didnt know they socialized outside of work. She says Ann would buy jewelry with money borrowed from Oleksak but would pay him back.

Tuesday March 5, 2013 12:10

12:11

12:09 p.m. Hoose: Ann liked jewelry, spent a lot of money on it. She liked gadgets like cell phones. Did you now she had credit cards with Oleksak? No.
Gagne asks to be heard at sidebar.

Tuesday March 5, 2013 12:11

12:20

12:15 p.m. Long sidebar, probably to determine the parameters of Hoose's questioning.
Hoose: Your daughter didnt want Cara to know about Mark (Oleksak). She spent the day with Mark 4 days before her death. Mark was at their wedding reception (Lucy says).
Lucy Cochrane says Ann didnt borrow from her, but she would give her money if she needed it. Lucy never knew Ann to have another phone, didnt know she had one on Oleksak's account.
Hoose: Ann didnt tell youn everything.
Lucy: No, she was a grown woman.

Tuesday March 5, 2013 12:20

12:29

12:19 p.m. Hoose done. Cochrane steps down. Gagne calls Nancy Kaufman of Florida, Annamarie's aunt. She is Lucy's sister. Nancy is 12 years older than Annamarie. They had a special bond, did everything together. Ann would come dowen at least once a year to Florida to visit.
Kaufman met Cara in Florida. Didnt speak much to Cara over the phone.
Gagne asks about overhearing an argument diuring a phone call with Ann. She was arguing with Cara over work. Yelling, screaming. Hoose objects.
Gagne asks about the last time Kaufman saw Ann alive. Ann, Cara and Brianna came to Florida in Feb., 2010, on my 50th birthday. They planned to go on a cruise (Ann and Cara). They were with Kaufman before and after the cruise.

Tuesday March 5, 2013 12:29

12:34

12:28 p.m. Kaufman: It was late when they got there the first night. Next morning was "tense," she says. Not much talking. The went on a short cruise.
Gagne: Did you suggest the 2 women go off and you would watch the baby?
Kaufman: Yes. I suggested they go to the beach. Cara said (Kaufman demonstrates): Is something like this (Cara) going to take that (Ann) to the beach?
Gagne: You saw Cara coming out of your son's bedroom fast.
Kaufman: She came storming out of the room. Hysterical. Putting on her sneakers and crying. She said, "I can't take this anymore and I'll always let you see Brianna." Then Cara went running.
Cara said she wanted a divorce, Kaufman said.

Tuesday March 5, 2013 12:34

12:38

12:34 p.m. They left at the beginning of March. Cara called Kaufman from Massachusetts on the Wed. before Ann was killed. Cara was at the fire station, had to go, called me back. Cara said she had Kaufman programed into her phone under a man's name. She said she was calling because Ann was outside with Brianna talking about a dog. Cara didnt want a dog. She was talking frantically, Kaufman said, rambling. Cara said they couldnt afford another dog.

Tuesday March 5, 2013 12:38

12:45

12:38 p.m. Gagne asks about March 29, 2010. Ann texted Kaufman at 10:21, called at 11:36 a.m. I realized I missed my last conversation with her.
Gagne shows her phone records.
Who told you Ann was dead?
Kaufman: My nephew called my husband and son. (Cries.)
Hoose on cross.
Hoose: You knew Ann liked to spend money. You never knew she was in debt. Did you know Ann had been bankrupt? Had credit cards with Oleksak?
Kaufman: No.
Hoose: She didnt share everything with you.

Tuesday March 5, 2013 12:45

12:51

12:45 p.m. Cara said she would never keep Brianna from you. Cara called and told you she was at work, Ann outside in the parking lot with Brianna, that Ann wanted another dog. Did she know Ann would listen to you?
Kaufman: Yes.
Hoose: The dog had diabetes. It was expensive to care for it. You described the comment about Ann's weight. She had put some weight on?
Kaufman: Not 200 pounds. (Says she will not look at "a bad picture." Hoose says it is of Ann and Cara).

Tuesday March 5, 2013 12:51

12:53

12:50 p.m. Kaufman says again she will not look at a "bad" picture of her niece. I think she means a death scene or autopsy photo. Hoose says he wouldn't do that to her. Kaufman is crying. Hoose shows her one last photo. She smiles. "Yeah. Oh wow. We were at the beach."

Tuesday March 5, 2013 12:53

12:56

12:53 p.m. Hoose: Did you take any photos of Ann and Cara while they were at your home?
Kaufman: I'm sure I did.
Hoose shows her the photo, enters it into evidence. He shows the jury the photos. One shows Ann and Cara in sunglasses smiling. (Brianna is also in the picture).
Gagne: Did you take any photos when Cara was pointing out her body and Ann's body?
Kaufman: No.
Kaufman steps down.

Tuesday March 5, 2013 12:56

12:59

12:56 p.m. They are discussing scheduling at sidebar. They usually break about now. Today is a half day so we would be done for the day.

Tuesday March 5, 2013 12:59

1:01

12:59 p.m. Rup tells the jury to come in at 9:15 tomorrow because she needs to talk to the lawyers first. She dismisses the jury.

Tuesday March 5, 2013 1:01

1:21

[Comment From GuestGuest: ]

has everyone left the court

Tuesday March 5, 2013 1:21 Guest

1:22

From the newsroom:

Today's session has ended. Our coverage will resume Wednesday morning. Fred will write a summary of today's proceedings that will appear on MassLive this afternoon and in Wednesday's edition of The Republican.

- Greg Saulmon / The Republican

Tuesday March 5, 2013 1:22

1:22