CA - Orson & Orrin West (3&4), MEDIA, MAPS & TIMELINE - NO DISCUSSION

[PommyMommy]

Morning Testimony, Part 2
DAY NINETEEN - May 9, 2023
https://twitter.com/KGETnews

Back in session. Alekxia Torres Stallings, lead counsel for Jacqueline West, is going to play several videos. #WestsTrial

The first video is of Officer Brian Hansen interviewing the eldest son on Dec. 22, 2020. #WestsTrial

The next videos are from interviews with the eldest child on Dec. 28, 2020. Social worker Sunya Barton asks him what he smelled when Orrin had died. He says he didn't smell anything. #WestsTrial

A minute later he says he did smell something but couldn't tell what it was. #WestsTrial

The boy asks the social worker if his parents have enough food because there is police tape surrounding the house. #WestsTrial

That video has ended and another one is about to be played. #WestsTrial

Court is breaking for lunch early, won't return until 1:45 p.m. Judge Charles R. Brehmer said they're getting close to the end of the trial. #WestsTrial

 

[PommyMommy]

Afternoon Testimony
DAY NINETEEN - May 9, 2023
https://twitter.com/bakersfieldnow

Court is back in session for the afternoon. #Westtrial 1:52 PM

Judge Brehmer told the jury closing arguments will likely be on Tuesday. Friday and Monday are dark days, no trial. There’s no time limit for closing arguments. Whenever that is over the jury will begin deliberations. Court is adjourned for the rest of the day. #Westtrial

Back in court tomorrow at 9:00 AM. #Westtrial 1:58 PM

 

[PommyMommy]

MAY 9, 2023

West Trial Day 19: Eldest child gave conflicting statements to grand jury​

The eldest child of Trezell and Jacqueline West told the Kern County Grand Jury last year he saw his youngest brothers just days before Christmas 2020, contradicting earlier interviews in which he said he hadn’t seen the children for weeks before they were reported missing.

It wasn’t until about 30 minutes into his testimony — after being shown an earlier interview with a social worker — that the boy told the grand jury he heard his brother Orrin, 4, gagging one night and the next day his parents told him he had died. As questioning continued, he said he hadn’t seen his youngest brother, Orson, 3, for a long time before he and Orrin were reported missing, and he believed Orson had been staying at a grandmother’s house.

The child’s hour-long testimony was read Tuesday morning as defense counsel for Trezell and Jacqueline West attempted to show the child, then 10, was influenced by improper questioning and his testimony is unreliable.

[...]

 

[PommyMommy]

MAY 9, 2023

Grand jury testimony of Wests’ eldest son read in court

When being questioned before the Grand Jury, the eldest son of Trezell and Jacqueline West seemed confused, sometimes giving conflicting responses.

www.turnto23.com

The child also gave conflicting statements, claiming Orrin and Orson were in the van with them when the four older boys were dropped off at their grandmother's home but then saying that Orrin had gone to stay with Jacqueline's mother, as well as Orson.

The defense has alleged that the couple's oldest child was "primed" with false memories and badgered into making false statements about Orrin and Orson. Attorneys believe these inconsistencies and conflicting statements were the result of improper questioning, noting that the child hadn't made allegations of Orrin's death until after he'd been interviewed multiple times.

 

[PommyMommy]

MAY 9, 2023

West Trial Day 19: Wests' oldest biological son testifies, gives contradicting statement​

He also told a social worker when his family was living in Bakersfield. He heard gagging at night.

The next morning, his parents checked on Orrin and found vomit and he was dead. He also said he heard a bump in the night in their California City home and after that, he didn't see Orson again.

 

[PommyMommy]

Morning Testimony, Part 1
DAY TWENTY - May 10, 2023
https://twitter.com/KGETnews

The trial of Trezell and Jacqueline West is back in session. Judge Charles Brehmer told the jury that a couple days ago there was an objection to a motion to strike regarding a witness, and he struck testimony related to initial contact w children and county counsel. #WestsTrial

The Wests are charged with crimes including murder in the deaths of Orrin, 4, and Orson, 3, and the trial is now in its 20th day. It is expected to wrap up soon. #WestsTrial

Alekxia Torres Stallings, lead counsel for Jacqueline West, has called Dr. Susan Napolitano to the stand. She is an expert witness who the defense will use in an to show the testimony of the Wests' eldest child was influenced by interviewers and isn't reliable. #WestsTrial

Napolitano is a clinical and forensic psychologist. #WestsTrial

Her clinical practice involves helping people through her private practice. Her forensic practice "is the place where my psychological knowledge intersects with the law." She provides answers to complex legal questions regarding child forensic interviews. #WestsTrial

Napolitano is going over her education and qualifications. #WestsTrial

The youngest child Napolitano has evaluated is 18 months, and she has treated children as young as 2 or 3 who have experienced trauma. #WestsTrial

Napolitano testified she has been part of FBI investigations where they relied on her. She also worked with other agencies, and has interviewed children regarding allegations of abuse. #WestsTrial

Napolitano said she has testified about 150 times, in criminal, civil and federal courts. She has at times been appointed by the court. When it comes to criminal matters she testifies about 50% of the time for the prosecution, the other 50% for the defense. #WestsTrial

Napolitano testified yesterday was the first time she met Trezell and Jacqueline West. She said sometimes she avoids getting to know the parties in a case to avoid bias. She has not met the Wests' four other children. #WestsTrial

She primarily was asked to look at forensic interviews of the children, Napolitano said. #WestsTrial

She has been examining this case for about a year, Napolitano said. #WestsTrial

She charges $350 an hour for forensic work, and was approved for 100 hours of work on this case. #WestsTrial

Napolitano said she has reviewed police reports that were summaries of the first forensic interviews, and one related to Wanda West, Trezell's mother. She has watched interviews of the Wests' children and looked at the transcripts and CPS summaries. #WestsTrial

Napolitano testified she listened to parts of the testimony of the boys at trial. She has prepared a PowerPoint to assist in her testimony today. #WestsTrial

A child forensic interview flows from specific training, the most appropriate way to question a child to make sure the interviewer's beliefs don't influence the child. There are a number of protocols that have been together, a list of dos and don'ts, Napolitano said. #WestsTrial

The goal of a forensic interviewer is to prevent a false conviction or acquittal in child abuse cases based on the interview with the child. #WestsTrial

Napolitano is going over older cases. Prior to 1975 there was a mentality of what happens in your home is your own business, she said. After 1975 that changed, there was an ideological swing to protect people in the home. #WestsTrial

"There were some waves of hysteria that took place in the 1980s and the 1990s," she said. People began suspecting Satanic child abuse rings -- including Bakersfield's own Stoll case -- where children were overzealously questioned to put people in prison. #WestsTrial

Large numbers of people were convicted on child interviews alone, Napolitano said. When later examined, the evidence was found to be "flimsy," she said. These cases led to changes in how children were questioned. #WestsTrial

The forensic psychology field developed as a result. As a result of cases, there were recommendations for a more systematic protocol of how to question children when abuse allegations were involved, Napolitano said. #WestsTrial

 

[PommyMommy]

Morning Testimony, Part 2
DAY TWENTY - May 10, 2023
https://twitter.com/KGETnews

(Continued testimony of Napolitano)

How to question children has been fine-tuned over the decades based on research from forensic interviews and other social studies where we have learned about the suggestibility of children, Napolitano said. #WestsTrial

One study dealt with misinformation. Children were playing "Simon says" and were asked to touch their stomach and another child's nose. One month later social workers interviewed the children, and half the social workers knew nothing about the study. #WestsTrial

The other half were told children may have been asked to touch a child's toe. On that side, a "decent amount" recalled they were asked to touch someone's toe. Touching a toe never happened but the children said it did based on the question. #WestsTrial

Another study had to do with false memories. Adults were asked about 4 memories from their childhood. #WestsTrial

3 of the events took place, as told by researchers by the family. They also confirmed the adult had never been lost in the mall as a child. The interviewer then asked the adults about the time they were lost in the mall as a child, and 25% believed it happened. #WestsTrial

Cognitive dissonance is when a person is given two pieces of information that conflict and the person tries to fill in the blanks to make it make sense, Napolitano said. #WestsTrial

This cognitive dissonance led 25% of the adults to create memories of being lost in the mall as a child because the interviewer's question indicated it had happened, she said. #WestsTrial

It is now standard practice for police to record child interviews for examination. The earlier cases influenced how children are questioned with a focus on their capacity for suggestibility. #WestsTrial

"It is common that before a child gets to a forensic interviewer, somebody untrained has talked to them," Napolitano said. She said there are pitfalls to that. #WestsTrial

She said it's important to get to the professionally conducted forensic interview as soon as possible after the allegation is made. #WestsTrial

Napolitano said suggestive questioning -- when you ask a question of a child and give the answer to the question in the question -- was found to be a major issue. #WestsTrial

If you show interview bias early in the interview it's much more likely the child will agree with your mindset, Napolitano said. This can taint the child's answers, she said. #WestsTrial

Confirmation bias is when we look for info that confirms our belief. "When this happens, everything you see if filtered through that lens," said one of Napolitano's PowerPoint slides. #WestsTrial

As a hypothetical, Torres Stallings asked if an example of confirmation bias would be if law enforcement had decided a child was never in a house, and stuck to that belief despite later finding diapers and toys in the house. Napolitano said yes. #WestsTrial

This bias can be found in interviewers, Napolitano said. #WestsTrial

Napolitano said more than one plausible hypothesis must be considered to answer a forensic question. In this case, there are 2 prevailing hypotheses: someone abducted the children, or the Wests are responsible for the missing children. #WestsTrial

She said she would have expected to see those hypotheses examined in the forensic interviews in this case. #WestsTrial

Forensic interviews have common practices that are accepted elsewhere, nationally, Napolitano said. #WestsTrial

Napolitano has conducted at least 100 child forensic interviews and has reviewed hundreds that were conducted by others. #WestsTrial

She said it's not common to have more than one forensic interview on a single child. "I don't recall seeing that in my career," she said when asked if two or three would be extremely rare. #WestsTrial

Napolitano said she knows from these studies that a child's statement can be contaminated if questioned repeatedly. #WestsTrial

Children should be placed in a kid-friendly room and questioned by a person not in a uniform, not wearing a gun, is friendly and has qualities children will find non-threatening, Napolitano said. #WestsTrial

A child's cognitive abilities must be taken into consideration, she said. Get them to talk in an open-ended way about something, even what they had for breakfast, and get a sense of their cognitive and language abilities. #WestsTrial

Asked about recall, Napolitano said it's a certain type of memory when someone asks a question and you just recall the answer. She said it's considered by her profession to be the most accurate report. #WestsTria

Recognition, in contrast, doesn't pull so much from memory, it's a response to a sensory cue to see if you recognize it. These responses are less accurate. #WestsTrial

Torres Stallings is going over interview phases with Napolitano. Rapport building, interview instructions, truth vs lie, narrative practice, substantive phase, narrative and detail gathering, alternative hypotheses and closure. #WestsTrial

A forensic interviewer should question an alternate hypothesis -- in a non-leading way -- to get to the truth, Napolitano said. #WestsTrial

Court is in recess for 15 minutes. #WestsTrial

 

[PommyMommy]

Morning Testimony, Part 3
DAY TWENTY - May 10, 2023
https://twitter.com/KGETnews

Court is back in session with Napolitano still on the stand being questioned by Torres Stallings. #WestsTrial

Napolitano said questions with a child should be open-ended, not yes or no or multiple choice questions. #WestsTrial

Examples of improper questions would be leading, suggestive, coercive, repeated or social pressure questions. #WestsTrial

Napolitano, in regards to the eldest child's interview by Cal City police Officer Brian Hansen, found some things "highly atypical," particularly when Hansen asked if the boy knew killing someone or assisting in the killing of someone was wrong. #WestsTrial

Torres Stallings is playing the first interview. #WestsTrial

After watching a portion, Napolitano said the questions about hurting or killing someone would "prime" a child into thinking someone had been hurt or killed, and placed in his mind that something had happened to Orrin or Orson. #WestsTrial

Napolitano said an interviewer must be clear about what they're talking about when questioning children. Be specific, don't say "they" or "them," give the exact names. #WestsTrial

Going over the interview, Napolitano notes -- as Torres Stallings called it -- there are no "anchors in time." The officer doesn't give a specific date regarding his questions about when the boys were dropped off, for example. #WestsTrial

Regarding the interviews conducted by social worker Sunya Barton, Napolitano said she did a lot right in the questions she asked and followup questions. She said Barton has clearly been trained as a forensic interviewer. #WestsTrial

"I thought she did a lot right," Napolitano said. #WestsTrial

Reviewing a portion of one of Barton's interviews with the eldest child, Napolitano confirmed there were multiple repeated questions and peer pressure questions -- where Barton told the boy what his other brothers had said. #WestsTrial

Napolitano said Barton would not accept the boy's answers and used inappropriate techniques and questions. She described one segment as "extremely leading." #WestsTrial

Torres Stallings is playing another portion of the video. #WestsTrial

After watching this segment, Napolitano said there were some questions that should not be asked. She said "there was a great deal of social pressure on this child during this interview." #WestsTrial

She said Barton told the boy "your brothers said" and similar statements letting him know what his brothers had told her and possibly influencing him. #WestsTrial

There was also implementation of ideas and "dramatic, scary" words like "spanked till you bleed" in that segment, Napolitano said. She said that portion of the interview was poorly done by Barton. #WestsTrial

Another interview segment is being played. #WestsTrial

In this segment, Napolitano said, the eldest child is being asked a question over and over again to conform with what his brother has said, and she hears skepticism in Barton's voice. #WestsTrial

One question by Barton goes along the lines of "what will it take for you to speak up?" which Napolitano said falls under the label of a coercive and suggestive question. #WestsTrial

Regarding Barton's testimony yesterday, Napolitano said the documentation that indicated she believed the eldest child was lying indicates she had preconceived notions and bias before the boy was questioned on Dec. 28, 2020. #WestsTrial

The eldest child never says Orrin died until Barton asked something about Orrin's body, which in Napolitano's opinion led the eldest child to think about seeing him dead -- it could be a reconstruction of an event that never happened. #WestsTrial

In the eldest child's 2nd interview w Barton, there was discussion of smell. Barton brought it up. There had been no mention of it before. Barton bringing it up is a leading question, but what caught Napolitano's attention is she tells the boy he mentioned it before. #WestsTrial

Napolitano said it appeared to her the boy was guessing as to what Barton meant. #WestsTrial

Court is in recess until 1:30 p.m. #WestsTrial

 

[PommyMommy]

Afternoon Testimony, Part 1
DAY TWENTY - May 10, 2023
https://twitter.com/KGETnews

The trial of Trezell and Jacqueline West is back in session and Dr. Susan Napolitano is back on the stand testifying to her opinion of interviews a social worker conducted with the Wests' eldest child. #WestsTrial

Napolitano, a licensed clinical and forensic psychologist, has been called as an expert witness by the defense. #WestsTrial

Alekxia Torres Stallings, lead attorney for Jacqueline West, is asking Napolitano questions about the eldest West child's grand jury testimony. #WestsTrial

There have been multiple objections by the prosecution. A sidebar has been called. #WestsTrial

Sidebar is over and Torres Stallings is continuing to ask about questioning during the grand jury testimony and what Napolitano thinks of it. #WestsTrial

Napolitano said the boy gives a statement that is not consistent with his previous statements, making her question why there is that inconsistency and how to get to the bottom of it. #WestsTrial

Napolitano said she found it significant the eldest child at the start of his testimony before the grand jury and at trial said he didn't remember or said his brothers were with him. #WestsTrial

Napolitano said she didn't know the four eldest West children had a welfare check on Dec. 21, 2020, the night Orrin and Orson were reported missing. She said that may have had an impact on the children. #WestsTrial

Napolitano said if she sees a series of interviews in which children say a number of inconsistent things, she doesn't know which of those statements to believe. #WestsTrial

Another sidebar has been called.

They're back, and Torres Stallings has resumed questioning. #WestsTrial

Given a hypothetical which follows the series of interviews performed with the children in the West case, Napolitano said she finds a lot wrong with it and potential for error. #WestsTrial

Torres Stallings is asking about restraint techniques for children and there was an objection as to the question's relevance. The objection was sustained and that line of questioning has ended. #WestsTrial

Napolitano said her hourly rate of $350 is customary among her peers. She said the county is paying her fees. #WestsTrial

Torres Stallings has ended her questioning and prosecutor Eric Smith has begun cross-examination. #WestsTrial

 

[PommyMommy]

Afternoon Testimony, Part 3
DAY TWENTY - May 10, 2023
https://twitter.com/KGETnews

(Cross examination of Napolitano)

Torres Stallings has ended her questioning and prosecutor Eric Smith has begun cross-examination. #WestsTrial

Smith is asking about the difference between a psychiatrist and psychologist and the current focus of her practice. #WestsTrial

Napolitano said she works on child custody evaluations, evaluates sexually violent predators. She said she reviews 5-10 child forensic interviews a year. The last time she conducted a child forensic interview was in 2006. #WestsTrial

"So it's been 17 years since you personally did one?" Smith asked. "I guess times has gone by fast. Yes, it's been 17 years," she said. #WestsTrial

Asked the last time she testified for the prosecution, Napolitano said she couldn't recall in a state case, but she testified for the U.S. Attorney's Office in the last three years. #WestsTrial

Smith asked who pays better, the prosecution or defense. Napolitano said it depends. #WestsTrial

She could get paid quite a bit more if hired by a private attorney than through a state office, Napolitano said. #WestsTrial

Napolitano confirmed she will be paid $35K to $42K for the work she's done on this case during the past year. #WestsTrial

Smith asked her what work she's done on this case. Napolitano said she reviewed interviews by Hansen and Barton with the children, and reviewed grand jury testimony and other transcripts. She said that took her 100 hours. #WestsTrial

Asked for her notes, Napolitano said she wasn't aware they had been requested. #WestsTrial

Smith asked if she was aware he didn't get her PowerPoint slides until yesterday. She said she's certain he got an earlier version. #WestsTrial

Napolitano said she didn't write a report about what she reviewed and did because she wasn't asked. #WestsTrial

Napolitano testified she didn't review the 2,000-page offense report in this case. Asked by Smith to describe what she has generated in this case, she said she has taken notes on the transcripts and wrote up for her own purposes what she found problematic. #WestsTrial

Napolitano testified she's never been asked for the notes until now. Smith has formally asked for them on the record. She said she can get them to him, but not at this moment. #WestsTrial

Torres Stallings asked for a sidebar but Judge Charles R. Brehmer has denied it until the mid-afternoon break. #WestsTrial

Asked if money could result in confirmation bias, Napolitano said if you're getting paid for a specific opinion it could bias you to agree with that opinion. #WestsTrial

Smith has referred to a report where another doctor criticized Napolitano, saying she exhibited bias favoring her client without sufficient data to back up her opinion. Napolitano said she's aware of the report. #WestsTrial

Napolitano doesn't recall being accused of cutting and pasting her presentation in that case from other cases. #WestsTrial

Napolitano confirmed she has not been present throughout the entire trial and has not reviewed other evidence in this case, just child interviews. #WestsTrial

Smith ended his questioning and a 15-20 minute break has been called. #WestsTrial

 

[PommyMommy]

Afternoon Testimony, Part 4
DAY TWENTY - May 10, 2023
https://twitter.com/KGETnews

Court is back in session. Napolitano remains on the stand and Timothy Hennessy, lead attorney for Trezell West, is questioning her. #WestsTrial

Napolitano said there are cases she declines. #WestsTrial

Napolitano said this is one of the few cases where her fee was accepted in a "public defender-type" arrangement. #WestsTrial

Napolitano said children can make false statements without intending to lie and Hennessy ended his questioning. She has been excused. #WestsTrial

Torres Stallings requested a brief sidebar. #WestsTrial

They're back, and the defense has no other witnesses. #WestsTrial

The defense has rested and evidence in this case has concluded. The judge said the jury will return at 2 p.m. for a few additional items/clarifications and will be read jury instructions. #WestsTrial

 

[PommyMommy]

MAY 10, 2023

West Trial Day 20: Defense rests, all evidence presented

BAKERSFIELD, Calif. (KGET) — A social worker who interviewed the eldest child of Trezell and Jacqueline West used coercive and suggestive questioning techniques and may have implanted false m…

www.kget.com

A social worker who interviewed the eldest child of Trezell and Jacqueline West used coercive and suggestive questioning techniques and may have implanted false memories in the boy’s mind, a psychologist said Wednesday.

Dr. Susan Napolitano, the final witness called by the defense in the trial of the Wests, testified to what she said were multiple mistakes the interviewer made as she questioned the then-10-year-old boy about possible abuse in his home and what happened to his brothers Orrin, 4 and Orson, 3.

“There was a great deal of social pressure on this child during this interview,” said Napolitano, a licensed clinical and forensic psychologist who has conducted about 100 forensic interviews with children and reviewed hundreds more.

[...]

The defense rested after Napolitano testified and Judge Charles R. Brehmer told the jury all evidence has been presented. Jury instructions will be given 2 p.m. Thursday, and closing arguments will be presented Tuesday.

[...]

 

[PommyMommy]

MAY 10, 2023

Defense rests in West trial, closing arguments expected next week

A child psychologist testified Wednesday that the Wests' eldest son was questioned improperly by a social worker and police which may have resulted in false memories and statements.

www.turnto23.com

After reviewing recorded interviews between Trezell and Jacqueline West's eldest son and a social worker, Dr. Susan Napolitano said she believed the child had been questioned improperly in ways that could have resulted in false memories and allegations.

[...]

In an interview on Dec. 22, 2020, the Napolitano assessed that the child had been woken up and questioned almost immediately by police. She said details that stood out to her were when officers asked the child if he knew it was wrong to kill someone or help kill someone. Napolitano said that this was a leading question, and the officer followed by asking about Orrin and Orson.

[...]

In an attempt to discredit Napolitano, Smith asked about a lawsuit that had been filed against her in a previous case for alleged bias towards her client. Napolitano confirming a suit had been filed, but that the judge dismissed it citing no bias on her part.

Smith also asked Napolitano if she knew he requested all her notes regarding this case. Napolitano said she had not been made aware of that request.

Before finishing his cross, Smith requested those notes.

The trial has concluded its evidence portion. Closing argument are expected to begin Tuesday at 9 a.m.

 

[PommyMommy]

March 28, 2023

Prosecution delivers opening statements in Trezell and Jacqueline West trial​

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[PommyMommy]

Trezell West's defense attorney Timothy Hennessy presented his opening statements on March 28, 2023.

Defense delivers opening statement in Trezell and Jacqueline West trial​

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[PommyMommy]

Jacqueline West's defense attorney Alekxia Torres Stallings presented her opening statements on May 8, 2023.

Defense for Jacqueline West delivers opening statements in trial​

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[PommyMommy]

JURY INSTRUCTIONS
DAY TWENTY ONE - May 11, 2023
https://twitter.com/KGETnews

Judge Charles R. Brehmer is about to read jury instructions in the case of Trezell and Jacqueline West. First he's telling the jury the dates of sunrise and sunset on certain dates in September 2020, the month in which prosecutors say Orrin, 4, and Orson, 3, died. #WestsTrial
2:07 PM · May 11, 2023

Brehmer is reading the instructions. It's expected to take about an hour. #WestsTrial

He said some of the instructions may not apply depending on their findings in the case. He told them not to do any research or investigate the facts of the law regarding this case. #WestsTrial

The jury must separately consider the evidence and each charge against each defendant separately. Both Trezell and West are charged with the 7 same crimes. For counts 1-6, the crimes allegedly took place in Sept. 2020, and county 7 on Dec. 21, 2020. #WestsTrial

Brehmer said the fact that charges have been filed does not mean the defendants are guilty. They are presumed innocent unless proven guilty beyond a reasonable doubt. #WestsTrial

The judge said evidence is the sworn testimony of witnesses, exhibits presented during the trial and anything else he specifically identified as evidence. Nothing the attorneys say is evidence. #WestsTrial

Any testimony stricken from the record must be ignored, Brehmer said. Anything the jurors heard outside the courtroom also must be ignored. #WestsTrial

Facts can be proved by direct or circumstantial evidence. Both are equally valid. Circumstantial evidence is evidence of another fact or group of facts from which you can conclude the truth of the fact in question, Brehmer said. #WestsTrial

If 2 or more reasonable conclusions can be drawn from circumstantial evidence, and one points to innocence and the other to guilt, the jury must choose the one that points to innocence, Brehmer said. #WestsTrial

With witnesses, the jury must consider whether the witness knows someone in the case and has a certain bias, and whether they made inconsistent statements. #WestsTrial

The testimony of only one witness can prove any fact, Brehmer said. But before determining that, the jury should review all evidence. #WestsTrial

Both the prosecution, defense and law enforcement must disclose their evidence at a specified time before trial. Two Cal City officers had contact with a man in Cal City who had video surveillance but didn't take notes or use their body cameras to record this contact. #WestsTrial

The officers did not seize, obtain or ask for the surveillance footage from the man. It wasn't until the testimony of one of the officers that anyone else became aware of the existence of the video. Because of this the defense couldn't view it. #WestsTrial

The jury can take that into consideration. #WestsTrial

The jury can use statements witnesses made before trial to determine if what they said in court was true. This includes children 10 and younger who testified at trial. "You should not discount or distrust the testimony of a witness just because he or she is a child. #WestsTrial

A defendant has an absolute constitutional right not to testify, Brehmer said, telling the jury not to consider for any reason the fact that the defendants did not testify. That is not allowed to influence their decision. #WestsTrial

If the Wests made false or misleading statements before trial, that can't prove guilt by itself. #WestsTrial

There has been evidence presented of uncharged crimes -- child abuse -- and that can be considered along with the other evidence. The evidence of the uncharged crimes can't be used by itself to determine guilt of charged crimes, Brehmer said. #WestsTrial

A defendant is not responsible for any acts before he or she joined a conspiracy, Brehmer said. #WestsTrial

The defendants are charged with both murder and manslaughter. Brehmer is explaining the differences. #WestsTrial

To prove they're guilty of murder, prosecution must prove they committed an act that caused the death of another person or they had a duty to act to prevent the death of Orrin West, Brehmer said. #WestsTrial

A parent has a legal duty to help or care for their minor child, Brehmer said. #WestsTrial

Among the allegations is that an unknown co-conspirator killed Orson West on Sept. 17, 2020. #WestsTrial

A separate decision must be made as to whether each defendant was part of a conspiracy, Brehmer said. #WestsTrial

For count 2, involuntary manslaughter, Brehmer said that crime occurs when a person commits an unlawful killing but does not intend to kill. #WestsTrial

The Wests are charged with two counts of child abuse likely to result in death or great bodily harm, one count for Orrin, the other for Orson. #WestsTrial

The judge has finished reading the instructions. #WestsTrial

The judge said police and law enforcement reports are not in evidence. The jury when deliberating can request testimony about those reports, not the reports themselves. #WestsTrial

Closing arguments are scheduled 9 a.m. Tuesday. #WestsTrial

 

[AmandaReckonwith]

Case Archive for Orrin/Cinsere and Orson/Classic:

Orrin and Orson West -CA-

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The JUSTICE section Case Archive:

JUSTICE for Orrin / Cinsere and Orson /Classic

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In each, be sure to click on the circled i. That will give you the info to match the file.

 

[PommyMommy]

Cal City Toddlers Trial Coming to a Close​

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[PommyMommy]

CLOSING ARGUMENTS, PART 1
DAY TWENTY TWO - May 16, 2023
https://twitter.com/KGETnews

The bailiff is letting the public inside the courtroom now. The jurors will follow in a moment. #WestsTrial

The jury has entered the courtroom and is taking a seat. #WestsTrial

Judge Charles R. Brehmer told the jury closing arguments may finish today, or tomorrow. #WestsTrial

Brehmer reminded everyone this is a court of law, not "Jerry Springer," and asked everyone to continue to be on good behavior. #WestsTrial

Prosecutor Eric Smith has begun his closing argument. #WestsTrial

This case is somewhat different in that no bodies have been found, Smith said. He said these types of cases are prosecuted across the country, "it's not unheard of in any way." #WestsTrial

He quoted case law as saying the fact a murderer successfully disposes of a body doesn't mean they're entitled to an acquittal. #WestsTrial

The evidence has to show Trezell and Jacqueline West caused the deaths, and if you believe that to be true you can find them guilty of murder, Smith told the jury. #WestsTrial

"They are wholly and completely dependent on their adoptive parents. But ultimately those adoptive parents were abusive to them," Smith said. He said the boys are dead. #WestsTrial

This case is somewhat different in that no bodies have been found, Smith said. He said these types of cases are prosecuted across the country, "it's not unheard of in any way." #WestsTrial

Trezell and Jacqueline West projected a certain image to their parents and relatives, but that's not who they were. They were physically abusive to Orrin and Orson, Smith said. #WestsTrial

The Wests adopted for money -- they got $1,000 a month for each of their 4 adopted children, Smith said. They abused Orrin and Orson, not their 2 biological children. #WestsTrial

Their main source of income came from the adopted children. Smith said "they basically warehoused these children." They kept Orrin and Orson separate from the others. Why? Because it was for the money, Smith said. #WestsTrial

When the adoptive children cried Jacqueline West put an arm around their neck and basically cut off their airway to get them to stop, Smith said. Spankings from Trezell were so severe the children bled, he said. #WestsTrial

The Wests' eldest child told a social worker the metal on his father's belt would case the bleeding. #WestsTrial

"The physical abuse is what happened to Orrin, to Orson, because they were crying, because they were not their own children," Smith said. #WestsTrial

Smith showed two photos which he said are the last known photos of the boys alive. He asked the jury to look at Orson's face, look at the sadness evident in his look. #WestsTrial

There were more than 65 witnesses and 120 marked exhibits presented in this case, Smith said. He said there is direct evidence -- testimony of the Wests' eldest child -- and circumstantial evidence, which he reminded the jury is not lesser than direct evidence. #WestsTrial

He said circumstantial evidence can be used to corroborate witness statements. #WestsTrial

Counts 1 through 3 relate to Orrin. They are 2nd degree murder, involuntary manslaughter and child abuse. Counts 4 through 6 relate to Orson. They are conspiracy to commit murder, 2nd degree murder and child abuse. #WestsTrial

The 7th charge, false reporting an emergency, applies to both boys. #WestsTrial

Smith told the jury a person can be guilty as the direct perpetrator or as someone who aids and abets in the crime. #WestsTrial

If you know of someone's unlawful purpose and you help them you can be equally culpable, the prosecutor said. #WestsTrial

Second-degree murder is an unlawful killing and can be either an act, or a failure to act with the knowledge of danger and disregard to human life. You don't need to have an intent to kill for second-degree murder. #WestsTrial

Smith said a parent has a legal duty to care for their child. If they have a legal duty and fail to act, and the child dies, they can be found guilty of murder. #WestsTrial

In this case, Smith said, Orrin was lying there dying and the Wests never called an ambulance or otherwise got him medical aid. #WestsTrial

With Orson, the Wests conspired to kill Orson after Orrin's death, Smith said. They came to an agreement to commit murder, he said. #WestsTrial

They agreed that one of them would "intentionally and unlawfully kill," Smith said. There was conspiracy to commit the first-degree murder of Orson West, he said. There was premeditation and deliberation, he said. #WestsTrial

It's unknown who inflicted the mortal wound to Orson, but it's one of the two co-conspirators -- Trezell or Jacqueline, Smith said. #WestsTrial

A charge of involuntary manslaughter is alleged for Orrin only. The jury can consider that or murder for Orrin's death. #WestsTrial

The Wests lived in an apartment on Lotus Lane in Bakersfield for many years. They purchased a home in California City on Aspen Way in September 2020. #WestsTrial

The question, Smith said, is who moved into that home. Were Orrin and Orson there or were they already dead? #WestsTrial

Cal City police were called on Dec. 21, 2020. Smith said the agency had no experience with a case of that magnitude so they asked for help. The FBI responded, but there were issues as to who was in charge. #WestsTrial

The Bakersfield Police Department later got involved. Smith said it has to be noted the foundation of what Cal City police were investigation came from two liars, Trezell and Jacqueline West. #WestsTrial

Court is taking a brief recess. A juror has a nose bleed and has left to take care of it. #WestsTrial