Friday, Nov. 06, 2009

Attempted murder trial concluding

Jurors hear closing arguments about shooting.

By VICTOR A. PATTON

Jurors heard closing arguments Thursday in the trial of a 58-year-old man accused of shooting a woman at a 16th Street motel in Merced last year.

Louis Clifton Trimble was arrested Nov. 5 for the shooting, which happened in a room at the Siesta Motel, located at 1347 W. 16th St.

The prosecution in the case claims Trimble lured the 24-year-old victim into the room intending to kill her, shooting her four times.

On the flip side, while Trimble's attorney doesn't deny his client shot the woman, he called it a crime of passion that happened in the heat of the moment.

Merced police arrested Trimble within three hours of the shooting, which was reported at 7:30 p.m.

Based on statements that Trimble made, police believe he had accused the victim of being intimate with one of his relatives. The victim survived the shooting, which happened after an argument between Trimble and the victim.

Prior to the shooting, Trimble and the victim had shared a close relationship, police said.

Deputy District Attorney Steve Slocum, the prosecutor in the case, told jurors Trimble had lured the victim into the room, offering to smoke crack cocaine with her.

Inside the room, Slocum said the defendant pulled a revolver from his waistband and fired four times. While firing, Slocum said Trimble told the victim "I'm going to kill you, I told you I would."

The woman was shot three times in the torso, and once in the leg. Trimble then pointed the revolver to the woman's head, according to the prosecution, and clicked the trigger several times. "That's an intent to kill," Slocum said.

When police arrested Trimble, he put his arms up and stated "I'm Trimble. I'm the one you're looking for," Slocum told jurors.

Police also found residue on Trimble's hands from firing the gun.

Chief Public Defender Eric Dumars said while his client shot the victim, he did it after going to the motel room and discovering the woman was involved in prostitution, and using drugs and alcohol. Dumars said Trimble was in an "elevated state" and as a result "he reacted poorly."

Dumars said while his client may be guilty of attempted voluntary manslaughter, he's not guilty of attempted murder. "What he found would make any reasonable person upset and concerned," Dumars said.

Slocum called the defense's explanation "absurd."

"Nobody has a right to go into a motel room and then, because they don't like what they see, shoot that person," Slocum said.

Trimble is charged with attempted felony premeditated murder and attempted robbery of a dwelling. Both counts have an enhancement attached for alleged use of a gun.

If convicted, Trimble could be sentenced to life in prison.

Reporter Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.

Saturday, Nov. 07, 2009

Man guilty of attempted murder in 2008 shooting

The defendant could get 39 years in prison because of an old conviction.

By SCOTT JASON

A Merced County jury Friday convicted a 58-year-old man of attempted murder after he shot a woman at a 16th Street motel last year.

Louis Clifton Trimble, wearing a tan suit and a blue tie, sat silent while the court clerk read the two guilty verdicts for attempted murder and attempted robbery. Afterward, he exhaled and leaned back in his chair.

He faces 39 years to life in prison. He'll be sentenced Dec. 4. The sentence is more severe because of a felony assault conviction from 1985.

The seven-man, five-woman jury began deliberations late Thursday and returned with the verdict Friday morning.

Trimble's public defender didn't deny his client last year shot a 24-year-old woman inside the Siesta Motel. He dubbed it a crime of passion and argued Trimble reacted poorly when he learned the woman involved in prostitution and used drugs.

Prosecutor Steve Slocum told jurors Trimble lured the victim into the room offering to smoke crack cocaine with her. After an argument, he pulled out a revolver and shot her four times, three times in the torso and once in the leg.

While firing, Slocum said, Trimble told the victim "I'm going to kill you, I told you I would."

The victim survived the shooting. She was not present in court when the verdict was read, nor were any relatives of Trimble.

Merced police arrested Trimble within three hours of the shooting, which was reported at 7:30 p.m. Nov. 5.

He put his arms up and stated "I'm Trimble. I'm the one you're looking for," Slocum told jurors.

Police also found residue on Trimble's hands from firing the gun.

Chief Public Defender Eric Dumars declined to comment on the verdict. "Mr. Trimble looks forward to his appeal," he said.

During the trial, Dumars argued his client should only be guilty of attempted manslaughter, not murder.

Slocum called the defense's explanation "absurd."

Reporter Scott Jason can be reached at (209) 385-2453 or sjason@mercedsun-star.com.

As an alternate juror, I was released from jury service after closing arguments so cannot tell you what went on in jury deliberations. I wish I could have been there to discuss the law and which evidence fit with the charge of attempted murder versus the lesser charge of attempted manslaughter, etc. Fascinating. FASCINATING.

I can tell you the “felony assault conviction from 1985” was a surprise to the jury. It was not disclosed until after the jury returned the guilty verdicts on the attempted murder and attempted robbery charges, both with gun enhancements. They were then sent back to deliberate on another enhancement having to do with the prior crime. I missed all of that Friday drama. I was at work performing accounting tasks and feeling left out as I wondered if juror #6* brought more awesome coffee cake to the jury room.

_______________________________________

*I actually have no idea what her juror number was. I just didn’t want to use her first name in case she wishes to remain anonymous. But damn, she brought goodies every day!

The California Jury Information Resource Center has essentially everything you need to know in an easy to read format. Don’t miss the “Ideals Made Real” Juror Orientation Video, a 14 minute overview of the entire process. If you live in a state other than California, I suspect a quick Google search will find a similar website for your state.

QUICK AND DIRTY SUMMARY OF JURY SELECTION – CRIMINAL TRIAL

1. RECEIVE SUMMONS. Receive a jury duty summons in the mail. If you need a postponement due to a scheduling conflict, there should be a section on the form you can fill out and mail back, thus bypassing having to show up on jury selection day. Note that you are only allowed one postponement per 12 month period;
    
2. CALL FOR SCHEDULE. Call the number on the summons the night before your scheduled day to find out when and where to show up. You will enter your badge number and receive automated instructions. Often, the message indicates you are not required to show up the next day but must call the next night to see if they need you the following day. This can continue all week until the message finally says you are not needed at all this year. If that happens, you have fulfilled your jury duty requirement for the next 12 months;
    
3. SHOW UP. Show up as instructed (a step often skipped, believe it or not) and take a seat in the jury assembly room. A court employee will provide instructions and outline the very limited reasons why you may be excused from jury duty;
    
4. HURRY UP AND WAIT. Proceed to the courtroom when instructed. Often, those requesting to be excused from jury duty stay behind to be cleared by the court separately. This is done by the judge so those of you proceeding to the courtroom are stuck waiting until the judge completes that task and joins you in the courtroom to begin the actual jury selection process. See Tips below: bring a book; 
     
5. LISTEN. Badge numbers are selected at random. If your number is called, proceed to the jury box. Listen carefully to everything the judge and lawyers say, whether or not you are in the first group called, because you may be called in the next round. This is the most time consuming part of the jury selection process. The judge describes the case and explains juror duties, then the lawyers question each individual juror;
    
6. ANSWER TRUTHFULLY. When questioned, answer truthfully even if it means exposing some sort of prejudice, noting that prejudice simply means any preconceived opinion or feeling. The judge and lawyers need to know how you feel about things to determine if you would be a good fit as a juror for that particular trial. They will ask, among other things:
   • Whether you know the defendant, the lawyers, or any of the potential witnesses, and
   • Whether you, a family member, or close friend have ever been a victim of the crime being prosecuted;

   Answering yes does not necessarily disqualify you. They will then ask if having those feelings, knowing that person, or having that experience in the past will affect your ability to be a fair and impartial juror. Do not be surprised if they dismiss you even if you say it will not affect your ability to be fair and impartial, though.

7. TAKE THE OATH. If you are called to the jury box and not subsequently dismissed by the judge, the prosecutor or the defense attorney, you will take the following oath:
   

   "Do you, and each of you, understand and agree that you will well and truly try the cause now pending before this court, and a true verdict render according only to the evidence presented to you and to the instructions of the court?"
    

8. CONGRATULATIONS, you are about to embark on a journey of discovery about our legal system, the subject matter of the trial, and probably make some new friends in the form of your fellow jurors along the way.
    

This is just a quick summary of the jury selection process. See Selection of a Jury for more detail.

TIPS FOR JURY SELECTION DAY

• Bring a book. Much of your time will be spent waiting so bring a book or something else to help you pass the time, like a crossword puzzle or an MP3 player.
• Empty your purse. Do you normally carry everything but the kitchen sink in your purse? Along with obvious things you should not bring to the courthouse – like potential weapons – laptops, cell phones, cameras, and tape recorders are also not allowed. I forgot that I carry my camera in my purse at all times so had to return it to my car but they said nothing about my picture-taking, internet-capable cell phone. Weird.
• Bring money for the vending machines. There is usually an area with vending machines for both snacks and drinks. If you did not bring your own refreshments and do not care for free coffee, bring dollars and small change for the vending machines.
• Wear layers. Dress comfortably but also respectfully for court and keep in mind large buildings are often too hot or too cold or both, depending on where you are sitting. Bring a sweater and/or wear layers you can add or peel off as necessary.

I thoroughly enjoyed my 5 days as a juror on an attempted murder trial in terms of how much I learned about our judicial system, especially the parts I thought I knew but clearly did not. Fascinating. I will post my experience separately but leave you with this:

If you have a chance to serve on a criminal trial, DO IT. Not only will you educate yourself about how our judicial system works, you may also get a window into how other people less fortunate than you live their lives. It was a “Holy crap, I have a good life” moment for me.

Go forth, my friends, and be jurors.

Photo credit: LawForWA.org

As a special present this year, the State gave me jury duty. And by jury duty, I mean the kind where you actually have to stay for the trail, as opposed to the kind where you show up and sit around all day bored out of your mind, only to be sent home before ever making it into the jury box for voir dire.

That was my last experience about 20 years ago and I haven’t been called since. I find that odd. Actually that’s not quite true. I did receive a summons when I lived in Fremont but opted for the 3 month deferral knowing I was moving the next month and it would take them a while to catch up with me at my new address.

I know! So shameful.

This year, I showed up to the fancy new Merced courthouse not quite sure what to expect in terms of security. Last year, a man walked past security with a knife in each hand, ran into a courtroom, and was headed for the judge before deputies shot and killed him.

Now it’s just like airport security at the courthouse entrance, only they don’t make you take off your shoes: purse on conveyor belt, walk through metal detector, confirm that yes, you are wearing an underwire bra, then go on your merry way.

(Oh wait, that last part happened at the Calgary airport but not at any of the U.S. ones nor at the County courthouse. Canada overachieves once again.)

So guess which judge presides over the trial for which I am a juror? Go on, guess…

Thaaaat’s right, the target of the knife-wielding mental health patient. The judge has since moved to a courtroom on the second floor so any crazy person who manages to get past security still has to navigate stairs to get to him. Very sensible of him.

Obviously I cannot talk about the trial until it’s all over but I can discuss things unrelated to the trial but very much related to serving as a juror. I will put that in a separate post I hope to get up in the next day or so.

In the meantime, are you dressing up for Halloween? What is your costume? Do provide a link to pictures in the comments here, won’t you?

Photo source: Courthouses of California on The Well

Mom is with me and sis Karen arrives on Wednesday. I forgot how nice it is to just hang out with family. We need to do this more often.

I keep asking for projects to do so I don’t feel so useless. Karen: I have started a list. :)

Oh! I beg your pardon. So sorry to disturb. I was going to wash the sheets today so I left the bed unmade…

(…)

I’ll, uh, just come back later.

The ones in the last picture were moving around. BLECH.

There seem to be a fair number of them deep in the wetter, denser depths of the pile.

Any ideas? I’m counting on you!

THE PROBLEM

This is the back of my teeny, tiny 13” TV. I was going to describe it as the crap kind you can carry around from room to room but that isn’t really fair. It has no handle.

Do you see the problem? No? Let me call your attention to the Audio input on the right. Audio input, singular. Still not seeing it? Here, maybe this will help:

Note the TWO leads at each end of this standard Audio cable. You begin to see my conundrum.

All I want to do is hook up my TiVo box to the tiny TV I keep on the corner of my desk in my home office.

The TV picture isn’t really all that bad, especially up that close, so I just need a couple of cables to connect the TiVo to my cable box and my cable box to my TV. I haven’t read the instructions at this point so I’m not really sure but I’ve hooked up a million of these things so how hard can it be?

THE FRUSTRATION

I determine I need two Audio/Video cables (like the audio cable above but with a third lead coded yellow for video) and one reducer. I don’t know if it is called a reducer, but it is about six inches long with two receptors on one end into which I can plug the red and white audio lines from the A/V cable but only one output on the other to be plugged into the single audio input on the TV. Seems simple enough.

When I lived with my sister Kate, we always a big bin full of various cables. Alas, I am still building my stash so it was off to Best Buy for me, where I discovered the least expensive A/V cable is $20.

Remember I need two.

For my crap TV.

That I only watch when I work from home during tax season and occasionally on Saturday when I pay my bills online.

I don’t think the TV itself cost much more than $40 so no thank you, Best Buy. Next stop: Radio Shack on the Mall. (How do they stay in business, I often wonder?) Their least expensive A/V cable is still about $17…and they only have one.

THE SOLUTION

Enter my new boyfriend, whom I adore so much I didn’t even get his name, though I believe he wore it on a cute little pin on his Radio Shack polo shirt. New Boyfriend told me a secret: the color coding on cables means nothing. NOTHING. It is only there so complete morons can hook up equipment without having to understand (or even read) directions: plug the yellow one into the yellow hole, etc.

I was shocked. SHOCKED. The cables themselves all transmit the same thing so you can plug any color you want into any hole you want as long as it is the same size and shape. It was a revelation.

He further revealed I did not, in fact, need to reduce my two audio cables (the red and the white) to one just because I only had one audio input on my TV. Since the cables all transmit the same thing and I am not worried about getting great sound on external speakers or anything like that, I can simply plug the red plug into the yellow video hole and the white plug into the white audio hole. I wouldn’t even need a 3-line A/V cable. I would only need a 2-line audio cable.

Wha…?

Do you see why I am in love?

I was pretty sure I already had an audio cable at home – remember, I had to shop because I thought need an A/V cable with that third yellow doo-dad – but I bought two audio cables just in case for $7 each: so much better than $20 a piece.

Of course wouldn’t you know as I continue through the onscreen TiVo setup instructions – the “you could be brain dead and still set up your TiVo correctly” on screen setup instructions – it turns out I only need one audio cable and it doesn’t even connect to the TV, just runs between the TiVo box and the cable box. Here is what the final configuration looks like:

It turns out I DID already have an audio cable at home in my bin-o’-cables so I am off to the Mall to break up with Radio Shack Guy and get my $15 back.

Techlove: so fickle.

Hair hanging in my face? PONYTAIL!

Too lazy to blow dry it in the morning? PONYTAIL!

Don’t feel like washing my hair for a week? PONYTAIL!

A wise woman once said, “Women of a certain age have no business wearing long hair.”

That wise woman is my hairdresser, Rosalie. Had she been young and perky, I would have smacked her, but she is also “of a certain age” so we had a party with my hair instead.

Pretend not to notice my hair’s Sahara Desert quality. Rosalie chastised me (“How long have you been coming to me now and you are still using Suave?”) into investing in a super-hydrating shampoo and conditioner so I will soon have a glossy and fetching mane.

(Don’t tell, but I opted for Biotera, the fake Biolage, because the beauty supply didn’t carry any of the recommended brands and the sales girl assured me generic shampoo is JUST LIKE generic drugs at the pharmacy. If all my hair falls out, I’ll take pictures.)

My hair looks like a big ole bird’s nest above because I am experimenting with my natural curls, also known as “goddammed wavy hair.” Until I master my new ‘do, I shall enjoy not having hair hanging down the back of my neck and the ease of a wash-and-go style.

I predict many wet-look hair days in my future.

Okay plastic money, with real money to follow at a later date, but whatever.

What happened was this: scalding water erupted all over my right hand when I inadvertently slammed my morning cuppa against the side of the counter as I transferred the hot liquid from microwave to counter.

CRIME SCENE: 

Notice the disparity in height between the table I have been using as a makeshift microwave cart and the counter.

Never mind that I have been making the transfer successfully for the past two years without incident. SOMETHING HAD TO BE DONE. Also, until I took that picture, I had not noticed how ghetto that little area of my kitchen had become. Functional does not equal pretty, apparently.

To prevent any further mishaps, I broke down and ordered a kitchen cart that was too expensive but the only one I liked the look of that would fit in that space:

It is not as pretty in person as I thought it would be but nothing ever is, is it? It certainly tells a better story than the prior slap-dash configuration. Also, notice the equality of counter heights. I did have to relocate the second trash container I use for recycling but it is a small price to pay.

I was finally able to put away the aloe and lidocaine gels and the ice bag at 1:30 the afternoon of the mishap when my hand abruptly stopped hurting. Magic! My friend Alice tells me she learned in her first aid class my hand did not actually stop burning until it stopped hurting, which both grossed and creeped me out, but I was just happy to be out of pain.

LESSONS LEARNED

1. I can operate a mouse with an ice bag perched atop my hand but typing is out of the question;
2. Putting together a piece of flat-pack furniture counts as exercise, and I have the sore butt muscles to prove it (much squatting involved);
3. I seem to have a propensity for burning my hands but this was nothing compared to last time;
4. I will no longer procrastinate when I need to spend money to fix something properly even though I am a genius at attaining functionality through jerry-rigging.

Needless to say, I did not pick up. Breast Cancer averted for one more day.

Thank god for Caller ID. That was a close one.

* * * * * * * * * * * *

A quick Google search on the telephone number revealed it was actually the Breast Cancer Prevention Fund calling. They would have saved me the search time had they bothered to leave a message but no-ooooooooo, which tells me they were calling to solicit a donation not to educate me on the importance of mammographies. How disappointing.

If they call again, I shall answer and educate them on the importance of ensuring proper name display for Caller ID purposes.