Cara Rintala Trial: Live updates from Da...
 
Wednesday March 6, 2013
9:07
8:58 a.m. Fred Contrada signing in for continued coverage of the Cara Rintala murder trial.

The jury was told yesterday not to come until 9:30 today because the court will have some matters to discuss first.

One of those matters is a motion filed by the defense for a directed verdict of not guilty. This is a common practice in trials. The defense is arguing to the judge that there has not been sufficient evidence presented for a jury to find its client guilty. It therefore asks the judge to step in in place of the jury and declare the client not guilty. I can't off the top of my head remember a case in which the judge has done this, though there might have been some during my career. In a big case, I think, the judge prefers to let a jury decide based on the evidence and would be reluctant to declare the defendant not guilty unilaterally.

In this case, however, you could make the argument that the prosecution has presented little if any evidence putting Rintala at the crime scene. The case is almost entirely circumstantial. There are no fingerprints or DNA putting Rintala in the basement with her wife's body. The prosecution has not even offered a theory proposing a chain of events that resulted in the murder, how Rintala managed to knock her wife out and strangle her, or what led up to the event.

On the other hand, prosecutors have portrayed her as the most viable suspect. The defense has tried to deflect suspicion on Oleksak and Daniele, but it would be even harder to prove that either of them did it. The best evidence the prosecution has, if you can call it that, is its time-line theory, which would put Rintala at home with Annamarie at the theoretical time she was murdered.
Wednesday March 6, 2013 9:07 
9:10
9:06 a.m. Rup has been in chambers reading the motion for a directed verdict and now she is back on the bench. The room is filling with the families of the defendant and victim. Luke Ryan is arguing the motion before the judge.

Ryan says the motion includes a synopsis of the prosecution's case. The law, he says, makes it clear that motive and opportunity is not enough to get a case to a jury. Ryan says there is no forensic evidence to tie Rintala to the crime. No blood or hair. Cara's blood on the shower curtain and necklace is irrelevant, he says. You can't tell what time it was deposited.
Wednesday March 6, 2013 9:10 
9:15
9:10 a.m. Ryan says there would have been marks on Rintala. He says there were prints in locations of interest that could not be identified but did exclude Rintala. There could have been other suspects, he says. He notes that Rintala has been cooperative. Ryan dismisses the DNA from the McDonalds trash as inconclusive of anything. He now cites the prosecution's tie-line, says Rintala's own estimate is her best guess as to when she left the house. Ryan disputes Dr. Richmond's estimate of 6-8 hours, saying she originally listed the time as "unknown." Richmond changed it after talking to people at the scene, he said, people who were not qualified to judge the state of the body.
Wednesday March 6, 2013 9:15 
9:19
9:14 a.m. Ryan says Richmond's theory is rough and unreliable. He repeats that the case is weak and does not meed the standard of getting to a jury.

If Rup declines the motion, he says, Rup should reconsider the first degree murder charge. The prosecution has not shown premeditation, he says, one of the elements of a first degree murder charge. It has not laid out a proper sequence of events. There is no evidence of a weapon.

Regarding extreme atrocity, another of the three possible elements for first degree murder, Ryan says it should be reserved for crimes of a certain heinousness. There has been no evidence of pain and suffering in this case, Ryan says. Annamarie might have been unconscious when she was strangled.
Wednesday March 6, 2013 9:19 
9:23
9:19 a.m. Prosecutor Steven Gagne rebuts.


He goes back to the time of death estimate of 6-8 hours. That puts Cara as the only adult in the house when the crime occurred, he says. Gagne says other evidence also points to Cara. Cara was declaring herself the number one suspect to police in an interview. The killer was familiar with the setting, took their time. Hacking at the door did not succeed, was inflicted afterwards to make it look like a break, he says. We have Cara's blood on several surfaces at the scene, significant hostility, financial pressure, tug of war over the daughter.

Regarding premeditation, it would have taken 4 of more minutes to strangle Annamarie. Once she lost consciousness, the defendant maintained pressure for 4 minutes, more than enough time to realize what she was doing.
Wednesday March 6, 2013 9:23 
9:25
9:23 a.m. Gagne says extreme atrocity is met by the number of blows to the victim's head (3 deep lacerations). Annamarie's heart was still pumping after the head wounds were inflicted. Abrasions on her neck. He asks the motion be denied.
Wednesday March 6, 2013 9:25 
9:27
9:24 a.m. Rup notes that the judge must consider the evidence in the light most favorable to the Commonwealth. Although much of the evidence is circumstantial, she is satisfied it's enough for the charge to go to the jury. She also is satisfied that a jury could find evidence to support a charge of first degree murder. She denies the motion.

Gagne has rested his case. The defense will begin its case.
Wednesday March 6, 2013 9:27 
9:31
[Comment From guestguest: ] 
fred, is the jury aware of this motion and the outcome?
Wednesday March 6, 2013 9:31 guest
9:31
9:27 a.m. No.
Wednesday March 6, 2013 9:31 
9:39
[Comment From GuestGuest: ] 
Doesnt the jury have the right to know the judges decision?
Wednesday March 6, 2013 9:39 Guest
9:40
9:339 a.m. It's not a matter of rights. The judge's decision might unduly influence its thinking.
Wednesday March 6, 2013 9:40 
9:40
[Comment From GuestGuest: ] 
Do you know if Oleksak or Daniele will be called to the stand?
Wednesday March 6, 2013 9:40 Guest
9:41
9:40 a.m. I do not know, but if they appear Masslive readers will be the first to know.
Wednesday March 6, 2013 9:41 
9:41
[Comment From GuestGuest: ] 
Does the jury have a time limit today like yesterday
Wednesday March 6, 2013 9:41 Guest
9:41
9:40 a.m. Today is a full day. Court will end around 4 p.m.
Wednesday March 6, 2013 9:41 
9:42
[Comment From SusanLSusanL: ] 
are there photographers in the room today
Wednesday March 6, 2013 9:42 SusanL
9:42
9:41 a.m. Our photographer is here for The Republican.
Wednesday March 6, 2013 9:42 
9:49
9:43 a.m. Jury has entered.
Gagne formally rests.
Hoose calls Dr. Frederick Bieber, professor at Harvard Medical School. He is an expert in genetics and DNA analysis. He works at Brigham and Women's Hospital in Boston doing DNA and genetic testing.
Wednesday March 6, 2013 9:49 
9:54
9:48 a.m. Bieber does forensic testing, he says. Helped to set national standards for DNA testing regarding crimes. He helped ID victims of 911 attack in New York, Hurrican Katrina, helped identify the bodies of soldiers from recent wars. Bieber helped the state police set up their lab in Massachusetts.
Bieber is obviously an expert witness for the defense. Gagne has objected to the submission of his qualification. They are discussing this at sidebar.
Wednesday March 6, 2013 9:54 
9:58
9:53 a.m. Hoose resumes his questioning. Asks about degraded samples of DNA. Bieber talks about remains from Korea and Vietnam soldiers, World Trade Center, Katrina. Hoose asks about DNA results from this case. Bieber did not do his own testing on this DNA but reviewed the prosecution's work.
He ennumerates these samples.
Wednesday March 6, 2013 9:58 
10:02
9:58 a.m. Bieber looks at a report given him by Hoose concerning the case and DNA testing. He focused his review on one particular item of evidence: DNA taken from a gray rag.
Hoose: What is degraded DNA.
Bieber: Molecules have been broken apart. DNA can last for more than 10,000 years if the conditions are good. If there is heat and moisture, DNA can degrade in a few weeks.
Wednesday March 6, 2013 10:02 
10:07
10:02 a.m. Hoose: What is diluted DNA?
Bieber: DNA less concentrated because it's mixed withy water or other things.
Hoose shows the jury data on a document about Annamarie's blood. This involves numbers connected to various DNA markers.
Wednesday March 6, 2013 10:07 
10:10
10:07 a.m. Bieber explains the meaning of the numbers and markers. This is hard for the lay person to understand. Things like "Relative Flourescent Units." 2,000 RFUs typical of an undegraded blood sample, he says.
Wednesday March 6, 2013 10:10 
10:13
10:09 a.m. Hoose now shows Bieber DNA from swab from gray rag from McDonalds. Bieber is essentially saying you can't get much intact DNA data from the sample. He calls the profile "a text book example of degraded DNA."
Wednesday March 6, 2013 10:13 
10:19
Frederick Bieber testifies in Hampshire Superior Court. [Photo by Michael S. Gordon | The Republican]
Wednesday March 6, 2013 10:19 
10:19
10:13 a.m. Hoose continues about gray rag. Is it possible to know if the DNA there is from the reddish brown stain or some other material.'
Bieber: No.
Hoose puts DNA profile on the screen again. Bieber said it has not been diluted by water.
Hoose asks Bieber to assume the rag was put in an open container exposed to the rain, that it was found with 2 other rags, temp. in 40s, rag recovered from trash recepticle 24 hours after it was put there. Would the DNA degrade to look like this document?
Bieber: No.
Wednesday March 6, 2013 10:19 
10:23
10:18 a.m. Hoose done. Gagne on cross.
Gagne asks what data Bieber reviewed from this case. He cites various reports. Bieber is flipping through his material. He doesnt have the specific "criminialistis" reports Gagne asks about. Bieber says he can't recasll if he reviewed those reports.
Wednesday March 6, 2013 10:23 
10:29
10:23 a.m. Gagne: Those reports detail what a chemist did to analyse a particular item.
Gagne: Have you reviewed any crime scene reports?
Bieber: No.
Gagne: Where is the rest of what you were given?
Bieber: Could have given it back to Hoose, could be in my office. He doesnt know.
Gagne: How many hours have you put in on this case?
Bieber: 10-15 at least.
Gagne: Do you plan to send Hoose a bill?
Bieber: I havent thought about it yet.
Gagne: What is your normal rate?
Bieber: $350 an hour plus expenses.
Wednesday March 6, 2013 10:29 
10:35
10:29 a.m. Bieber: I consider myself a public servant.
Gagne: But you're here at Hoose's request.
Bieber: Yes.
Gagne: You didnt generate a report. Is that unusual?
Bieber: No.
Gagne: Cites the testimony of Tina Gryszowka, a DNA witness for the prosecution.
Wednesday March 6, 2013 10:35 
10:41
10:35 a.m. Bieber explains the concept of DNA transfer.
Gagne: We're talking about skin cells, right? How many skin cells might slop off?
Bieber: Depends. More on a hammer than on a pen.
Gagne: Blood is fertile in DNA.
Bieber: Yes. You could get lots of DNA from a drop of blood.
Gagne: Cites swab from door latch. Shows photo of bend latch. Bieber never saw it before. Bieber says he never saw surveillance videos. He understands that the rags were in a vehicle before they were in the McDonalds trash.
Wednesday March 6, 2013 10:41 
10:42
10:41 a.m. Gagne presses Bieber on info he has. Hoose objects. Sidebar.
Wednesday March 6, 2013 10:42 
10:47
10:43 a.m. Gagne asks Bieber if he knows the history of the McDonalds rags. He says he does not. Gagne shows him a photo of trash can under sink in the Rintala klitchen. Bieber has not seen this before.
(Gagne is trying to show that Bieber lacks a broad context in which to review the evidence).
Wednesday March 6, 2013 10:47 
10:53
10:47 a.m. Gagne: Where did the rags go next after McDonalds.
Bieber: Cant recall.
Gagne goes back to photo of the door latch, says there was DNA on it. Biebe goes through his papers.
Hoose asks to be heard at sidebar.
Wednesday March 6, 2013 10:53 
10:53
[Comment From privateprivate: ] 
Do you see either side wrapping this up today. What is the body language of Cara today?
Wednesday March 6, 2013 10:53 private
10:54
10:53 a.m. Not today. I can't normally see Cara. She has seemed stoic throughout the trial, though emotional at times.
Wednesday March 6, 2013 10:54 
10:54
[Comment From GuestGuest: ] 
is he suppose to be a ceditable witness for the defense?
Wednesday March 6, 2013 10:54 Guest
10:54
10:53 a.m. Yes.
Wednesday March 6, 2013 10:54 
10:57
10:54 a.m. Gagne says the door latch was swabbed for DNA. Probably talking about skin cells. How would you descrieb the DNA item?
Bieber: Partial.
Gagne: Gryszowka said Annamarie could have been a provider. (Bieber again shuffles through his papers).
Wednesday March 6, 2013 10:57 
10:58
[Comment From privateprivate: ] 
Who do you believe has the stronger case by reading seems defense is a little weaker in the past few days
Wednesday March 6, 2013 10:58 private
10:58
10:57 a.m. The only opinion on this that matters is the jury's. I should note that only the prosecution has to prove its case.
Wednesday March 6, 2013 10:58 
11:03
10:58 a.m. Gagne shows an apparent blood spot on a piece of evidence. Bieber says the DNA profile is similar to Cara's.
Rup calls mid-morning recess. Back in 15-20 minutes.
Wednesday March 6, 2013 11:03 
11:23
11:20 a.m. Court back in session, waiting for the jury. As to what Bieber is providing for the defense and how he is doing, it is the norm for defense to call their own expert witnesses in big cases. These people are usually professionals hwo not only know their material but how to act under cross-examination. His job is to give the jury a plausible explanation of the evidence that differs from the prosecutions.
Wednesday March 6, 2013 11:23 
11:23
[Comment From eddieeddie: ] 
So what did bieber prove for the defense
Wednesday March 6, 2013 11:23 eddie
11:25
11:23 a.m. Gagne: What is "fresh" regarding blood.
Bieber: A few hours to a day or two.
Gagne: You opined about the freshness of a sample. What do you mean?
Bieber: Hours or days.
Wednesday March 6, 2013 11:25 
11:30
11:25 a.m. Gagne goes to the "electroferogram" chart previous shown. Asks Bieber about his conclusions, about whether or not the DNA sample was fresh. Bieber again acknowledges he does not know the history of the rag before testing. (I believe they are referring to the gray McDonalds rag). This has obviously gotten technical and somewhat arcane. At issue here for Gagne is Bieber's credibility.
Wednesday March 6, 2013 11:30 
11:33
11:30 a.m. Even though Bieber's testimony might be scientifically sound and consistent, if he loses the jury it will not be in his favor. Some jurors are meticulous in following such testimony, taking notes and paying close attention. Sometimes it's hard to follow such testimony.
Wednesday March 6, 2013 11:33 
11:36
11:32 a.m. Gagne done with Bieber. Hoose on re-direct.
Hoose: Were you prepared to testify about anything other than the gray rag today?
Bieber: No.
Hoose: Does anything Gagne asked you change your opinion that the DNA on the gray rag was degraded?
Bieber: No.
Wednesday March 6, 2013 11:36 
11:38
11:36 a.m. Hoose asks more detail question about the processing of the DNA on the gray rag.
Wednesday March 6, 2013 11:38 
11:43
11:38 a.m. Hoose done. Gagne on re-cross.
You dont know who collected the sample, dont know the exact history of the specimen. You said you were confident offering an opinion. I'm trying to figure out what you know, what you're basing it on.
Gagnbe done. Hoose on re-re-direct.
Wednesday March 6, 2013 11:43 
11:45
11:42 a.m. Rup won't let Hoose entered a document into evidence but let's him show it to Bieber. It's a chain of custody report. Bieber says the document would refresh his recollection about certain data.
Wednesday March 6, 2013 11:45 
11:45
[Comment From GuestGuest: ] 
are there ever this many re-directs?
Wednesday March 6, 2013 11:45 Guest
11:46
11:45 a.m. Sometimes, but rarely.
Wednesday March 6, 2013 11:46 
11:47
11:46 a.m. The gist of this questioning is for Hoose to reaffirm Bieber's authority, which Gagne has called into question.
Wednesday March 6, 2013 11:47 
11:51
11:46 a.m. Hoose calls Daniel Mckenney. He works for the Ludlow Fire Department, where Cara worked. He's known her for 7 years. Mckenney is a paramedic/firefighter like Cara. Rintala was a member of his crew. He is describing their responsibilities and how they spend their time onshift.
Mckenney says he knew Annamarie before he was at Ludlow, worked with her at American Medical Response.
Wednesday March 6, 2013 11:51 
11:55
11:51 a.m. Mckenney describes outings that the crew had, usually dinner at a restaurant. Cara sometimes brought Annamarie. Mckenney says he saw nothing unusual. "Everyone seemed to have a good time." They appeared generally happy.
Hoose: Did you generally socialize with Cara outside the fire department?
Mckenney: No.
Mckenney talks about taking part in the St. Patricks road race in Holyoke in 2010 (just before the murder). Cara had shirts made up for the runners.
Wednesday March 6, 2013 11:55 
11:58
11:55 a.m. After and before the race, Mckenney said, Cara and Ann socialized. Ann took pictures. Hoose shows him some photos. One shows the fire crew that ran in the race, taken by Annamarie. Another shows Cara running (Ann took the photo).
Gagne questions the relevance of the photos. Sidebar.
Wednesday March 6, 2013 11:58 
11:59
[Comment From BeccaBecca: ] 
Do we know how many witnesses are still left?
Wednesday March 6, 2013 11:59 Becca
11:59
11:58 a.m. No.
Wednesday March 6, 2013 11:59 
12:04
11:59 a.m. Rup has apparently allowed the photos. Hoose puts them on the screen. Mckenney says there were at least 25 photos of Cara crossing the finish line.
Hoose: You got to observe Cara and Ann interact? See any evidence they didnt get along?
Mckenney: No.
Hoose done. Gagne on cross.
Gagne asks if being a firefighter/paramedic requires a certain amount of strength. Mckenney describes tests you have to pass. Wearing gear, handling equipement like Jaws of Life. Lifting patients.
Gagne: From frail to patients 300-400 lbs.
Mcxkenney: Yes.
Gagne: Did Cara meet the strength requirements.
Mckenney: Yes.
Wednesday March 6, 2013 12:04 
12:06
12:04 p.m. Mckenney says he hadnt seen those photos taken three years ago until Hoose recently showed them to him. He says he cant really remember that Annamarie took every one of them.
Gagne done.
Wednesday March 6, 2013 12:06 
12:09
12:05 p.m. Hoose calls Rev. Lori Souder, senior minister of First Congregational Church at South Hadley. I believe there was a defense request, at one point, to release Cara to the custody of this church. It was denied.
Wednesday March 6, 2013 12:09 
12:14
12:08 p.m. Souder says her church tries to give people room, is not aggressive about reaching out. On Sunday the church has fellowship hour after services. Everyone is invited to mingle for coffee and cookies.
Sept. 2009. Souder said the church was going through an "open and affirming" process towards gay people. Souder says she knows Cara, knew Annamarie. Cara brought Brianna to church a couple of times. Cara said she had a wife who was Catholic and a little reluctant to come.
Souder met Annamarie in October. They started coming more frequently.
Wednesday March 6, 2013 12:14 
12:16
12:13 p.m. Souder agrees An and Cara were openly gay, that she was careful to be welcoming to them. They were the only openly out lesbian couple in the congregation. Souder says Brianna sat with her mothers at first, then went to their nursery class. She saw the wives put their arms around each other and wondered how the congregation would respond. It was as if it was a very natural thing, Souder said.
Wednesday March 6, 2013 12:16 
12:20
12:16 p.m. They are at sidebar becaue Gagne objected to Souder quoting a conversation with Cara, terming it hearsay.
Hoose: Asks about her conversation with Cara.
Souder: She said she was looking for a way to stabilize a family situation, create family values. They were in church on Sunday, March 28 (2 days before murder). They told her all about their cruise. Used the term "recommitment."
Cara called Souder in shock a few days later to tell her about Annamarie's death. In shock. Souder said she'd meet with her at the church, performed a memorial for Annamarie.
Wednesday March 6, 2013 12:20 
12:26
12:20 p.m. Gagne on cross.
Gagne: Did most of your observations come within the church setting? Did you visit them at their home?
Souder: No. She takes back her use of the word "stabiize," says she mispoke. Meant "reinforce values."
Gagne: From Sept. 2009 to March 2010, Cara never said anything about things volatile at home. Did Cara mention she wanted a divorce?
Souder: No.
Gagne: You never spoke to Ann about the marriage. Souder says Cara never said antything about her marriage either.
Gagne: You didnt know about a divorce lookming in 2010, didnt hear any talk about a divorce. No, she says.
Gagne: You didnt discuss Cara's finances with her. You didnt know them before Sept. 2009.
Souder steps down.
Wednesday March 6, 2013 12:26 
12:32
12:26 p.m. Hoose calls Suzanne Cordes of South Hadley. She belongs to the First Congregational Church in South Hadley. She met Cara at church in Sept., 2009. Cara said her partner was Catholic and not sure about coming to a Protestant church. Cordes said she was raising Catholic too. Cordes sought out Cara and Annamarie and Brianna whenever they came to church. We had things in common. Our daughter was adopted too.
Wednesday March 6, 2013 12:32 
12:36
12:32 p.m. Cortes says the wives and Brianna interacted well and seemed close. She described their relationship as "normal," "average."
Ann showed photos of their cruise, said they were "recommiting" to their vows.
Wednesday March 6, 2013 12:36 
12:36
[Comment From GuestGuest: ] 
Is Gagne able to still call witnesses not heard yet?? He has no more witnesses? Is this odd in a case as such?
Wednesday March 6, 2013 12:36 Guest
12:36
12:35 p.m. Sometimes the two sides call rebutal witnesses.
Wednesday March 6, 2013 12:36 
12:42
12:36 p.m. Hoose shows Cordes photos, puts them on screen. Two women in front of a cruise ship. Two women and a baby (Ann and Cara and Brianna). Cara and Brianna. Anna and Brianna.
March 28, 2010, Ann and Cara in church. Cordes remembers because she heard about Ann's death a couple of days later.
Cordes has visited with Cara since then.
Hoose done. Gagne on cross.
Wednesday March 6, 2013 12:42 
12:45
12:41 p.m. Gagne asks if the wives said they had a good time on the cruise. Did they mention an argument between Ann and a porter?
Cordes: No.
Gagne: Did Cara ever say she wanted a divorce, this isnt working?
Cordes: No.
Gagne shows Cordes a text from Ann to Cara. She has never before seen it.
Cordes steps down.
Wednesday March 6, 2013 12:45 
12:45
[Comment From GuestGuest: ] 
So do you think Oleksac or Danielle will be called?
Wednesday March 6, 2013 12:45 Guest
12:45
12:44 p.m. I don't know.
Wednesday March 6, 2013 12:45 
12:47
12:45 p.m. Rup recesses for the day because the next witness is not available. She said evidence will conclude tomorrow morning. She will tell them tomorrow when the closing arguments will be. Most likely they will take place in the p.m.
Wednesday March 6, 2013 12:47 
12:49
12:48 p.m. Rup will meet with counsel at 2 p.m. to discuss her charge and other matters, so court will resume for us then.
Wednesday March 6, 2013 12:49 
2:04
2 p.m. Back in court waiting for the judge. To recap: The defense will call one more witness tomorrow who is not available today. After that, perhaps in the afternoon, there will be closing arguments. Judge Mary-Lou Rup will instruct the jury on various matters, including the concept of reasonable doubt. Then the case will be with the jury.
Mark Oleksak and Carla Daniele will not terstify.
Rup might use the story of the mailman to illustrate reasonable doubt. It goes soemthing like this: You see the mailman deliver your mail every day. One day, after a snow, your mail is in the box but you have not seen the mailman. Howver, you see tracks in the snow leading to and away from your mailbox. You can reasonaby assume the mailman came.
Wednesday March 6, 2013 2:04 
2:07
2:03 p.m. Hoose estimates his final witness will take 45-60 minutes tomorrow. Gagne wants at least an hour per side of closings.
Rup asks if the defense wants specific alibi instruction in her charge tomorrow. She will explain to the jury the right of the defendant not to testify. Hoose and Ryan are talking to Rintala, explaining that the judge will instruct the jury about her right to not take the stand.
Wednesday March 6, 2013 2:07 
2:07
[Comment From Guest:Guest:: ] 
Does the jury's decision need to be unanimous in this case?
Wednesday March 6, 2013 2:07 Guest:
2:07
2:07 p.m. Yes.
Wednesday March 6, 2013 2:07 
2:10
2:07 p.m. Rup is questioning Rintala to make sure she understands her rights and the right she is giving up (to testify on her own behalf). She states her name, her age (47), her education, her profession.
Wednesday March 6, 2013 2:10 
2:10
[Comment From guestguest: ] 
Fred - the mailman story illustrates circumstantial evidence, not reasonable doubt.
Wednesday March 6, 2013 2:10 guest
2:11
2:10 p.m. This could be true.
Wednesday March 6, 2013 2:11 
2:14
2:10 p.m. Rup is leaving open the possibility that Cara will testify but wants her to know that this is solely her decision. Rintala appears nervous and is soft-spoken. She keeps her hands clasped in front of her. Rups tells her that once she gives up her chance to testify (before her lawyers rest) it will be lostr forever.
Wednesday March 6, 2013 2:14 
2:14
[Comment From CC: ] 
ARE YOU THINKING THAT CLOSING STATEMENTS WILL HAPPEN THURSDAY IN THE PM
Wednesday March 6, 2013 2:14 C
2:14
2:14 p.m. Sometime tomorrow most likely.
Wednesday March 6, 2013 2:14 
2:15
[Comment From GuestGuest: ] 
how long can the jury take for a verdict?
Wednesday March 6, 2013 2:15 Guest
2:15
2:14 p.m. As long as it needs.
Wednesday March 6, 2013 2:15 
2:15
[Comment From GuestGuest: ] 
will Cara take the stand?
Wednesday March 6, 2013 2:15 Guest
2:15
2:14 p.m. It does not appear so.
Wednesday March 6, 2013 2:15 
2:18
2:15 p.m. The defense is asking for an instruction to the jury about the right to a Miranda warning. Gagne says this could lead to confusion.
Wednesday March 6, 2013 2:18 
2:18
[Comment From GuestGuest: ] 
can she change her mind tomorrow before closing statements?
Wednesday March 6, 2013 2:18 Guest
2:18
2:17 p.m. She has until her lawyers finish with their last witness.
Wednesday March 6, 2013 2:18 
2:20
2:18 p.m. Gagne is saying Miranda is onoy necessary when someone is in custory. He says Rintala wasnt. Luke Ryan said the defense has not weighed in on whether or not Rintala was in custody. Rup says she will leave that out of her instruction.
Wednesday March 6, 2013 2:20 
2:22
2:20 p.m. Rup is taking about consciousness of guilt. Gagne said it's not necessary to instruct the jury on that but he will argue Cara tried to altrer the crime scene. The defense opposes that instruction as well.
Wednesday March 6, 2013 2:22 
2:22
[Comment From techtech: ] 
what ever happened to Mike C. Cara's friend??
Wednesday March 6, 2013 2:22 tech
2:22
2:21 p.m. We may never know.
Wednesday March 6, 2013 2:22 
2:30
2;22 p.m. Gagne said this was an exhaustive and thorough investigation and that the defense cant show the process was deficient. He says the judge should not raise this in her instructions.
Luke Ryan says the forensic side was lacking in some ways, hairs were not collected, no one looked in the kitchen trash. He says the instruction is helpful to the jury. He says the focus was on Rintala from the first and that Oleksak was not sufficiently pursued as a suspect. (This apparently pertains to an optional jury instruction about the investigation).
Rup says she will give the instruction.
Wednesday March 6, 2013 2:30 
2:39
2:30 p.m. Ryan is urging the judge to give a "missing witness" instruction. Says the case against his client is entirely circumstantial. (This appears to pertain to Oleksak's not testifying). Ryan says questions still remain that Oleksak could address. He says Oleksak could testify to some of these questions. Says Oleksak is not as available to the defense as to the prosecution, that it's likely he is the perpetrator of the crime.
Gagne says Oleksak has a solid alibi, cant tell us who did the crime. Says Cara herself said to police she and Ann were arguing all night. Says Oleksak's cant testify to what Ann said about her marriage. Gagne says Oleksak would not benefit his case. To call him to the stand to deny he killed Annamarie Rintala does not benefit our case.
Rup says she will not give this instruction.
Wednesday March 6, 2013 2:39 
2:43
[Comment From GuestGuest: ] 
can you explain to us what this is meaning....Ive never seen this side of a trial before, and it's very unclear as to what is happening....
Wednesday March 6, 2013 2:43 Guest
2:43
2:38 p.m. It is standard procedure for the two sides to weigh in on how the judge will instruct the jury.
Wednesday March 6, 2013 2:43 
2:48
2:43 p.m. Ryan says the prosecution's inability to constuct a chain of events makes it necessary for you to give an instruction on involuntary manslaughter.
Gagne says her defense is that she didnt kill Annamarie. She has to show she was provoked for involuntary manslaughter. The defense is asking that tye jury be allowed to conclude that past altercations could be used for them to consider involuntary manslaughter. Gagne says some of Ann's injuries could be consistent with a fall down the stairs, so how can the defense argue that there is evidence of combat? How can we prove she wasnt provoked if there is no evidence in the first place?
Wednesday March 6, 2013 2:48 
2:49
[Comment From GuestGuest: ] 
what does it mean when it is said that Rup will "give the instruction" or "not give the instruction
Wednesday March 6, 2013 2:49 Guest
2:50
2:48 p.m. As part of every case that goes to a jury, the judge gives the jury instructions about certain areas of their deliberations. These areas differ from case to case and it is standard for the two sides to weigh in on the instructions.
Wednesday March 6, 2013 2:50 
2:52
2:49 p.m. Rup says there needs to be some evidence that Rintala could have been provoked and there is no such evidence. She is essentially agreeing with Gagne and will not give the manslaughter instruction.
Wednesday March 6, 2013 2:52 
2:57
2:52 p.m. Gagne asks Rup to instruct the jury that the prosecution needs not to disprove every other hypothsis. We canrt disporve that this crime was not committed by some murderous cat who left hairs all over the house. He says it shoud be up to the jury to decide if there were any ommisions in the case and the language of her instructions should reflect that.
Rup says she will wait and see how the case is argued to the jury.
Wednesday March 6, 2013 2:57 
2:58
[Comment From GuestGuest: ] 
Is the jury still present?
Wednesday March 6, 2013 2:58 Guest
2:58
2:57 p.m. No.
Wednesday March 6, 2013 2:58 
3:02
2:58 p.m. That's it. The trial resumes tomorrow morning with the last defense witness.
Wednesday March 6, 2013 3:02 
3:27
From The Republican newsroom: Thanks for reading today's live coverage of the Rintala trial. Fred Contrada will be back with live updates Thursday morning when court is called to order.
-- Joe Deburro / The Republican
Wednesday March 6, 2013 3:27 
3:27
 

 
 
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