2016-05-15



Lonnie Franklin, Jr.,  verdict 5/5/16

(Barbara Davidson/Los Angeles Times via AP, Pool)

UPDATE: edited for spelling, formatting
Note: This was a very difficult day of testimony to experience. Each of the witnesses memories tore at my heart. Tears ran down my cheeks as I typed their words. I had to stop many times to wipe my face. This weekend, those same emotions welled up inside me again when I relived their testimony, transcribing my poorly typed notes. Sprocket

Prior post can be found HERE.

T&T Case coverage and Media Links HERE.

Thursday May 12, 2016

9:15 AM

Judge Kennedy takes the bench. Before the jury can be called in, the prosecution and defense were again, battling over late discovery and who was going to give who, their witness list first. Defense attorney Seymour Amster indicated on Wednesday he would be turning over a witness list that day for the penalty phase of the trial. Even Judge Kennedy stated she thought that was his intention.

After the defense and prosecution snapped back and forth, the court talked about the defense, "... deluging the prosecution with discovery. ... A deluge, it's the same as getting no discovery at all. There's no description of what it is or who it applies to. It's the same as giving a witness list of 300." [Before the start of the trial, Amster did give the prosecution a witness list with over 150 names on it.] Judge Kennedy says again, "It's the same as giving no discovery at all. It flies in the face of what discovery is all about, ... to let the other side know what your witnesses are about and the statements you've obtained from them. ... I don't think that you are acting in good faith when you do that kind of thing Mr. Amster."

As Amster tries to explain, Judge Kennedy does not hide her disbelief. It's present on her face. While Amster goes on and on, DDA Silverman leans her head back on the top of her chair, and rolls her head back and forth. I then see her nervously tap her right forefinger on her leg.

When Amster is finished, the court asks the prosecution to "... highlight on your list, those witnesses you plan to call in the penalty phase. The defense is to do the same. Then in a separate color, those that you're are not sure about, but might call, so that both of you at least have some idea of what you are going to do. ... I just want it done in the easiest fashion."

Judge Kennedy then rules on the detective the prosecution wants to call to testify about Princess Berthomieux. He can't render expert opinions but he can render opinions and it's acceptable in the penalty phase. The defense can have a 402 hearing on that.

There is a further delay when the defense objects to one of the prosecution's slides in their PowerPoint presentation and the court rules that the jury cannot see it.  The prosecution has to reformat their presentation to delete that particular slide.

When they are almost ready, Judge Kennedy tells the parties that she is thinking about reading CALJIC 8.85 to the jury before they start. There are no objections. The bailiff sets up the audio microphone on the clerk's desk. Amster states he would like to reserve his opening statement until the defense case. The court agrees.

9:43 AM

The jury enters the courtroom from the jury room. The court greets the jury and gives them a reminder about what part of the case this is, the penalty phase. She then reads CALJIC 8.85 instruction. Here is a summary of the instruction.

DDA Beth Silverman steps up to address the jury.  She tells them good morning and welcomes them back.

"The second phase, the penalty phase, which we spend a significant amount of time discussing in jury selection, and this is where we've been headed for some time. It's about what punishment is appropriate for this defendant. The 10 first degree murders for which he was convicted, and based on what kind of life this defendant chose to live. The standard is based on a totality of the aggravating circumstances in comparison with the totality of the mitigating circumstances.

Amster makes an objection and counsel goes to sidebar. Behind me, I hear one of the family members say under their breath, "There we go. Circus. All day, he's going to call sidebar." Atherton argues at the sidebar. It's quickly over and DDA Silverman retakes the podium.

The slide on the ELMO says, Death Penalty verses Life Without Parole.

"You determine which penalty is justified and appropriate by considering the totality of the aggravating circumstances in comparison with the totality of the mitigation circumstances. It's based on what you feel is appropriate. ... You will receive instruction in this case just as you did in the guilt phase. ... The law provides you with a set of factors, that the judge just provided to you, A through K. ... Eleven factors in all. A, B and C are the aggravating. The rest are mitigating. The prosecution is going to present evidence in all three."

Factor A, that was the multiple murders and special circumstance ... and you get to hear what the law calls victim impact evidence. And you will hear from several members of the victims families.

Factor B, you will hear evidence of other activities, of other crimes of force or violence.

Factor C, you will hear about two prior felony convictions that the defendant has.

Factor A

The special circumstances, the allegation of multiple murders, you made a finding all in the first degree. And you found that multiple murders to be true. You will hear from the family members. It is your responsibility to assess the gravity of the case.

Up on the ELMO are photos of the ten women, as they were found.

DDA Silverman goes over the 10 victims, their ages and how they suffered. For each victim, she tells them about family members who will testify about their mother, sister, daughter.

Debra Jackson, 29. Various family members will fly in from out of state. You will hear from her children that she left behind and maybe from her grandchildren.

Henrietta Wright, 34. You will hear from her daughter and son and Irene, her niece. They will tell you how it was to grow up without her.

Barbara Ware, 23. Her father is now deceased. You will hear from Diana Ware, who raised her from the age of six, and also hear from her brother and sister.

Bernita Sparks, 26. Her mother died in October 2010, during the pendency stage of this case. You may hear from one of her brothers.

Mary Lowe, 26. Her mother also died in December 2012. You will hear from her sister and cousin.

Lachrica Jefferson, 22. You will hear from her sister, who was older by 11 months, and the impact on her. Her mother died in April 2006 and wasn't able to see her daughters murder come to fruition in a court of law.

Alicia Alexander, 18.You'll hear from Porter Alexander, her father. Alica was his baby daughter. You will hear from Donnell Alexander, her older brother, her older sister Anita. They will tell you about the devastating impact her death had on their family.

Princess Berthomieus, 15. She was 15 years old. You are going to hear from her foster sister, who refers to her as her sister. Princess came to live with their family since the age of three.  You will hear about the horrendous abuse before being placed with them. And at age 15, Princess was someone who was easy to lure.

Valerie McCorvey, 35. Both of her parents are dead and she was an only child. Her aunt will testify. She left behind a son who was adopted.

Janecia Peters, 25. Survived by various members of her family, her mother, sister. She also left behind a child who lost their mother at the age of 7.

Factor B

You will also get to hear victim impact  evidence. You will hear from Enietra. She was the sole surviving victim. And you will hear how, barely escaping death affected her life. She pleased with the defendant to take her to the hospital because she had two young children.

You will also hear about the murder of five other women, including Georgia Mae Thomas and Sharon Dismuke.

Georgia Mae Thomas, 43. December 28, 2000. She was found approximately one mile from the Barbara Ware crime scene. You will hear from detectives who responded to the crime scene in December 2000. The victim was lying in a parkway area, among trash. A gunshot wound to the left chest. Obviously a body dump. No ID, no cartridge cases at the scene. It appeared the victim had been undressed, cleaned up and redressed.

As DDA Silverman addresses the jury, Amster appears to smile and turn to co-counsel Atherton. He has his right hand up, covering the right side of his face.

The victim also suffered blunt force trauma to the head. Evidence found during the search warrant. There was a gun hidden behind a fake wall, a [second] Titan 25 auto. It was found behind the wall in the garage, in a box. Criminalists test fired the Titan and compared the bullets to the bullets found in her body. They matched. A fingerprint found on the magazine inside the gun was matched to the defendant.

You will hear victim impact evidence. Her sister Vivian Williams is going to testify to the impact.

Sharon Dismuke, 21. She was found dead approximately a year and a half before the first murder [Debra Jackson], on January 15, 1984. This [is actually] the first murder in the series of slayings that was committed by the defendant. She was found in an old abandoned gas station, on the floor of the men's room. She was covered by a carpet remnant. She was found naked, like Princess and Janecia. No ID, no spent cartridge casings, not bullets at the scene. And a gag was stuffed in her mouth like Henrietta Wright. Cause of death, two gunshot wounds to the left chest.

The murder weapon that was used to kill Janecia Peters, Titan 25 auto, found in the northwest bedroom dresser drawer in 2010, was also utilized to murder Sharon Dismuke. Criminalists verified that the very first and the very last murder in this series was done, utilizing this gun. Like bookends, on this series of murders. Dismuke's younger sister will testify to the impact her death had.

Inez Warren, 28. She was found in an alley on August 15, 1988.  It was a body dump. She was shot elsewhere and dumped. There was no ID. No cartridges or a fired bullet at the scene. This victim was barely alive when paramedics arrived on the scene and transported her to the hospital, where, she quickly died. Dr. Sherry performed the autopsy. Gunshot wound to the left chest, left to right, front to back and downwards. This was a through and through. The bullet went through and exited her body. No bullet was recovered. There was sooting at the entrance wound. The gun was held against the skin. Blunt force trauma to the head and bleeding under the skin. The tox screen was positive for cocaine and cocaine metabolite. Unfortunately, the sexual assault kit was destroyed. There's no potential DNA around to analyze.

You will hear from her grandfather, who will talk about the impact of the murder on the family and his life.

Rolenia Morris 29. went missing September 20, 2005. During the search warrant, her driver's license was found on the back shelf of the defendant's garage. You will hear that, again, about those photos found in the mini fridge in the garage. Two photos of her were found along with the photo of Janecia Peters. The photos are strikingly similar to Janecia Peters. The top is pulled down on the left side, exposing her left breast. The photos were taken inside of a van. No signs of her anywhere over the last decade. She left behind two children. You will hear from her sister. You may also hear from one of her two children. Rolenia Morris was murdered and never found.

Ayellah Marshall 18, went missing January 11, 2006. She was a high school senior at the time of her disappearance. An investigation was mounted trying to find her. Her high school ID card was found in the search warrant. That was also in the mini fridge with photos of Alicia Alexander and Rolenia Morris and other women. And there's been no sign of her since the last decade. You are going to hear from one of her relatives.

The kidnap and gang rape of victim Ingrid Worner

You are going to hear about [April] 17, 1974, where the defendant, along with two men were driving in a vehicle. He and his co-conspirators grabbed the victim off the street, forced her into the vehicle. They drove to an open field, threatened her with a knife, gang raped her and took photos of her. She was 17 years old at the time. She will be traveling from Germany. She will tell how that colored and shaped her entire life ever since.

In terms of the penalty phase, you will be able, through the evidence to put the timeline of these crimes in your head, where, who the defendant is and what he has done with his life.

Another exhibit on the ELMO, tying the victims together with the three different weapons. There were a total of 10 firearms recovered in the search warrant executed on July 7, 2010.

#625 Titan 25 that killed Thomas, discovered during search warrant

#721 Titan 25 that killed Peters and Dismuke, discovered during search warrant

Unknown weapon, never recovered linked to the remaining gunshot victims

Factor C

Two prior convictions for receiving stolen property at two different times.

Up on the ELMO now, the photos of 16 charged and uncharged victims in this case.

The prosecution's opening is completed. The court asks, Mr. Amster, do you reserve your opening statement at this time? "Yes," he replies. We take the morning break and defense attorney Seymour Amster leaves for his appointment he mentioned yesterday.



Photo credit: Pool camera, Associated Press; at closing arguments.

Left to right, Lonnie Franklin, Jr.; Defense counsel: Kristen Gozawa,

Lead counsel, Seymour Amster, partially hidden behind Dale Atherton.

Next, LAPD Cold Case Detective Daryn Dupree, lead investigating officer.

10:54 AM

We are back on the record and the first witness is called.

1. DONNELL ALEXANDER

DDA Silverman presents the witness.

Do you know someone by the name of Alicia Alexander?

It's my little sister.

How old are you?

Now, 53.

What was your age difference?

Seven years.

Who was older?
I was.

What type of relationship did you have prior to her death?

It was a close relationship.

There were five children in the family. She was the fifth, the youngest.

What was it like, growing up in your house?

Kind of like the Brady Bunch, sharing, laughing, having fun.

There is a bit of laughter in the courtroom, when he describes his family as the Brady Bunch.

Who had the closest relationship to Alicia?

Probably my dad.

What were some of the things that you would do together?

We had a big picture window. The sun would come in and we would trace Christmas trees, anything. I  would share that with her from time to time. ... She love sports, gymnastics. She would bring all kinds of friends to the house. She loved having people around and that was one of the things that we all miss about her. She would befriend people, any nationality, it didn't matter.

How old were you when you learned Alicia was murdered?

About 25. ... My dad paged us and signaled us to come home. I came to the house with my brother. ... I saw my dad pacing back and forth, outside in the front of the house, waiting for us to arrive.  When I approached my father, he was in tears.

What did he say?

He said, "They killed my baby girl." ... His eyes were flush with water. I'd never seen my father in that condition.

Did you know that he was referring to your sister?

Objection! Sustained.

Did you ask him what he meant?

I asked him.

What did he say?

He didn't respond.

How did you find out that she had been murdered?

We had been waiting for about five days.

So she had been missing?

For about four or five days.

Did a police officer come to the house?

When the homicide detectives came, I connected the dots.

Who was responsible for identifying the body?

She could not be identified.

Objection! Sustained.

Were you able to see your sister again?

I never got to see her again.

So at the funeral?

I never made the funeral. Officers, two days before, they arrested me for some reason. I can't even remember what.

Do you know where she is buried?

Yes.

Do you go to that cemetery?

As often as I can. With my family.

Have you been attending the court sessions for the last six years?

Yes I have.

Have you also been attending the trial?

On a regular basis.

Are you employed?

He quit his job to attend the trial. Because he wanted the world to know how we his family, felt about Alicia.

When you think about your sister, what comes to mind: How she lived or how she died?

Both.

Are you ever able to think about your sister, and separate in your mind how she was killed? ... Are you ever able to think about your sister and not think about how she was killed?

It's tough. I try not to.

How did her death impact your family?

It seems like when she died, our family died also.

Since the trial, it seems like his parents, are just finally getting their feistiness  back.

In your family, did you celebrate things like her birthday?
We try to individually, not as a group.

What about the holidays, what are they like for your in your family?

Most times, we just come in and give mother a hug and reaffirm our love. There's no happy times. You don't have the running around of my sister. Didn't have kids; just so many things.

I want to show you some photographs.

There are a series of photos that the witness identifies. He tells the jury who the people are as well as when and where the photos were taken. Each photo tells a story about Alicia, her personality and what was going on in the family at that time. She had a bit of a sassy personality. When asked about one individual in a photo he replies, "I'm not sure, but I know it's a relative." There is a bit of understanding laughter in the courtroom. Another Christmas photo with everyone in bathrobes. "I think we all got robes at Christmas." The gallery laughs with the witness. Another photo of a family event.

Would it be safe to say, at least prior to your sister's murder, your family spent a lot of time together?
We always spent time together.

What is it about your sister that you miss the most? What would that one thing be?
Her eyes. Everything about her. You could look at her eyes and know what all was about her.

Direct ends. No cross examination. That's how it will go for all the witnesses who testify today. There is no cross examination.

2. MARY ALEXANDER

DDA Silverman presents the witness.

What is the relationship you have with Alicia Monique [sp?] Alexander?

Oh, she's my baby girl.

She was your youngest daughter?

Yes.

Do you remember what it was like, when you first brought her into the world?

Oh yes.

Did you have a lot of hopes and things you were planning for her throughout her life?

Yes we did.

What was it like to raise Alicia?

She was a joy. Precious, lovable. Loved everybody. ... I had to tell her, everybody is not her friend. But she loved people. She would bring people home all the time. ... They would have dinner with us. She just loved people.

What kind of daughter was she? ... You have two. You also have Anita.

Yes. She was very thoughtful. She would get me things. She would lie on the sofa and we would play bike rides with our feet. ... We would put our feet together, and bike ride, bicycle ride.

How old [was she] when you started that?

About elementary. ... Up until last, that we would still do it. ... She would come down and lie down beside me. I could feel her body and sometimes I'd feel that, it would make me cry, but I feel it.

What were some of the favorite things you would enjoy doing with her?
Oh, shopping. Window shopping. And we just liked, going places together.

You heard Donnell testify ... does that still take place today?

Not like it was, no.

Did that change, after her death?

Oh yes. After her death, I didn't want to go anyplace. I couldn't stand to see nieces, nephews, any of her friends. I just got into a shell. I was just to the doctors and back to home.

She had various medical issues.

You've also been coming to court over the last six years or so?

Yes.

Why is it so important to you to come over and over again over the course of the last several years?

Because I love her and I miss her. And I just wanted her to know that we still love her.

How is it that you learned of her death?

I came home from work one day and my house, I saw a lot of cars. And when I put my key in the lock and opened the door ... and I knew I wasn't going to have a part or anything. I just looked at their faces and knew, that something was wrong, since I hadn't seen my daughter in a few days.

She had disappeared?

Then my husband told me what had happened.

When did you learn how she had died?

Oh, I don't recall. I think, um, maybe in the paper, or magazine.

The newspaper, the media?

Yes.

Was that back in the time when Porter told your, or the fact that your baby was gone?

It was a while after that, he told me that.

Who planned her funeral?

Porter.

Did you participate in the planning?

No.

Why?

I couldn't.

Did you attend?

Yes.

What was it like as a parent, as ... what is it like to bury your youngest daughter?

It was hard. It was very hard. ... There were times that I didn't want to be here.

You mean, here on earth?

Yes.

But you had other children and a husband?

Yes.

So you had to go on?

Yes.

How long did it take for you to deal with your grief?

Going back and forth to the doctor, and talking to my husband.

Did that help at all?

Oh yes, but the hurt is still there.

I want to show you some photographs as well. She identifies photos of her children, in various stages of their lives together. There are photos where Alicia was a baby, and older at Christmas time, and sitting on Santa's lap.  More photos, showing the children together.

Did your two daughters, did they have a close relationship?

Yes.

Did you talk to your granddaughter as to who her aunt was and what she was like?

Yes.

More photos of Alicia. A portrait photo, one of Alicia sitting on a car when she was little.

Are these the type of memories that you tried to keep?

In that photo, she would say, "Momma, I've been to Billy the Hills."

The courtroom laughs with the witness, remembering a child's attempt to say, "Beverly Hills." More photos, of when she was in elementary school. Mary would dress her daughter for school when she was little. Now a photo with six women that Mary identifies. Another photo where Alicia was a flower girl in a wedding. Another photo of Mary and her daughter, all grown.  More family photos with everyone in the photo.

Are these the types of occasions that you and your family celebrated when Alicia was still here?

Yes.

Do you do anything special on her birthday?

No. We just visit her at the mausoleum.

You mean at the cemetery?

Yes.

If you had the opportunity to say one last thing to her, what would that be?

I love her.

That's what you'd tell her?
Yes.

Did you show her that all the time?

Yes, and she knows.

No cross examination.

3. PORTER ALEXANDER, JR.

Mr. Alexander, you told us in the guilt phase that Alicia was your baby daughter.

Yes, I did.

An exhibit is put up, a photo of Alicia. Alicia is very young in a pink dress.

Do you recognize what event that was?

Yes. Her birthday.

Where was that?

At home.

How old are you sir?

75.

How old were you when Alicia was born, ... if you remember?

Laughter in the courtroom.

I believe 31 or two, somewhere in there.

Was she the youngest of all your children?

Yes, she was.

She was like your road dog?

He worked the night shift. So she went with him. They rode the streets whatever Porter needed to do, Alicia went along with him.

She was my road dog.

Even though she was the youngest, did you form a strong bond?

I would feel that we had one. A very close relationship.

In terms of the person that she was up to the age of 18, was she someone that you were very proud of?

I don't think that any father, not in their right mind could be. Nothing but proud of her. ... She was an outgoing person. I tried to give her that same feeling that my father showed to me. ... Do those things in a respectable manner. This was how I tried to raise my family, and just enjoy your surroundings that you tend to get involved with.

You taught her to enjoy life?

Yes I did.

What type of activities would she participate in that you were proud of?

We did a lot of activities together. I got myself, somewhat involved with the King Conference League, encouraging young students to go out and participate in, small youth projects. We traveled all around the areas of Los Angeles. I made certain that they [his children] were involved in that.

Football for the boys?

Boys and girls. the girls would be cheerleaders.

Was she also acting in some plays in school that you would attend?

She would, in her ballerina types moves there ... that she was involved in.

Was she someone that you believed she would have a bright future ahead of her?

Yes. She was given an exam across the city and she came out as top of her class. We enrolled her in figure skating and horse riding. ... She got involved in ice skating and she was the one who wanted to do it. And they got involved with an instructor. And she got involved in ice skating and she was very much into it.

Another photo of Alicia, older, in a red dress. On her lap is Donnell's daughter. Photo taken at home.

Would you say that you have a close relationship with all your children and grandchildren?

I like to think I would.

He supported all their activities and what they wanted to do. Photos of Alicia as a young cheerleader. Another photo, the horse Porter purchased for her. They would go out every weekend. Porter bought the horse as a yearling. She was killed prior to her being able to take the riding lessons. Photos of Alicia with her mother, grandmother.

I understand that you were the one that planned the funeral in this case?

Yes, I was.

Can you tell how you learned about your daughter's death?

Two detectives came to my home and told me they found her body.

Did you, when you first heard the news, did you at first believe them?

Yes, I did.

What was it like to hear your youngest daughter [was dead]?

It was a devastating blow when they came and told me about my daughter.

And were you informed about how she was found?

Yes, I was.

He informed his wife.

What was it like to have to tell your wife that Alicia had been murdered?

I wouldn't want that to be experienced. To tell your wife or anyone else that your daughter had been killed.

What was your wife's reaction when you told her?

I told her, "Mary, I have to stop for a minute. I have to tell you something." She stood up. She tried to walk for a minute. She fell down. We both lost it.

Porter describes how they went about preparing for a funeral of an 18 year old daughter.

I knew that my wife couldn't do it so I knew that I would have to deal with this myself, and collectively, build the things I was going to have to put together. I got the things that she [had?] ... a nice funeral. The best that I can do.

What is the overriding feeling that you have now in 2016, is it anger? Grief? is it devastation? If you had to put your finger on it, what would be the overriding emotion when you think about this?
It's pretty hard to say. Totally, a person's emotions from losing something so dear to you as a child. If a person looses an arm or leg, you look down and see that [it's] missing.

What did you do with all of her belongings?

Well, I think a lot of it's ... stuff is home. I don't discard nothing.

Did you have to pack up her things?

Yes. It's all put away.

So you saved all of it?

Yes. She's not gone in my heart. So things that I do ... I"m somewhat, [the?] funeral, supervisor.

He didn't like the traffic that was going over her grave. She was buried in the ground and he had her moved to a crypt. Porter states, "When things are not right the way I see it I have it changed."

How has Alicia's death, and I know it was many years ago, how has that impacted your life and your families?

I think without a doubt, it impacted us so severely. My wife never came out of what happened. She was sick for quite some time. Medicine wasn't going to do it. She was going to have to find what strength she needed to continue. ... Just looking at her and watching her for some 50 odd years later, I can give some insight to the change.

And how about [the?] relationship with other children? Did that affect how you dealt with your children, how nervous you were when they walked outside the door?

The older ones were adults. After that happened so they had a life of their own at the time. But when they come home, come home to visit, really no change. They know me and I understand how they are, and how we were then and it's not much difference now ... and the family that we had then. I think it's still in place.

How do you deal with the loss and this case? You came to court almost every time for the last six years or so?
It was something that was a commitment that I had to perform. There was nothing that was going to stop me other than death. My job is 100% behind me so when I told them what I had to do, they were behind me. I'm glad to have a company where I was able to have that understanding they gave me to do whatever it takes so that I could see the outcome of it all.

How do you keep the case itself, and the trial, and everything that surrounds it from taking over your whole life?

I know that I have to continue. Life is. It goes on. Either I stop and let this total thing destroy us all. And I've got to get what I've got left to give me the strength to endure.

Thank you sir.

The court asks, "Mr. Atherton?" "No questions," he replies.

Porter is back inside the gallery, but the people want to ask him a question. Another exhibit is put up on the ELMO that Mr. Alexander is asked to identify.

It's her crypt.

Is that the location where you had her body moved to so that she wouldn't be in the ground?

That's true.

Is that the location that you and your wife visit?

Constantly. Whenever we can. I haven't been able to drive for sometime. When I was able to drive I was there all the time. When I can drive, I get there when I can.

Nothing further. The noon break is called.

1:37 PM

Back inside Dept. 109. Amster is back at the defense table. More mainstream media is here. LA Times reporter Stephen Ceasar is here along with City News reporter Terri Keith and the Buzzfeed reporter.  The major news organizations left. The only part of the morning that was filmed was the opening statement.

1:44 PM

Judge Kennedy takes the bench.

DDA Rizzo presents the next witness.

4. KENNEITHA LOWE

Do you know someone named Mary Lowe?

Yes. She was my sister.

She was 20 when her sister died. The age difference was six years. Kenneitha has an older sister and an older brother.

Sisters often have a very special relationship.... ?
Me and Mary were very close. Like twins. .... we shared bunk beds.

With Kenneitha, and her other cousins, Mary started a dance group called The Little Emotions.

She actually made our costumes. ... Back then it was an Afro and little flower dresses. Mary was the leader of the group that taught us all the dances.  She was like the Diana Ross of the Supremes. They would perform for the family and people at the park.

You shared a bedroom?
Yes. Bunk beds.
Would you try to wear [each others?] clothes?
Not really because she was a little bigger than me. Her clothes and shoes were too big.

Kenneitha admits that she tried to stick her feet into Mary's high heels.

We did everything together. She took me to concerts. She took me to a Prince concert in 1980.
What were some of her favorite things she liked to do?
She liked to cook and bake pound cake, strawberry shortcake.
You must tell us about the Easy-Bake Oven.
I got it for Christmas. Ans she was already baking. And she was the one who would help me mix things up and taste things.
You were each others guinea pig for each others baking?
[Yes.]

Did you share secrets?
Somewhat. She was at work all the time. She was working customer service then another job.
How would you describe her?
Very funny. She liked helping people. She was always trying to start a drill team in the neighborhood.
Would you say she wanted to empower the little girls in the neighborhood?
She was a Soul Train dancer. I used to dance on American Bandstand. When she [Mary] appeared on Soul Train , the family would sit around the TV and watch her.
When you were dancing, was she supportive?
Yes.

Mary was always looking out for her, being the manager.

Did she try to manage you too much?
I liked it. She knew more about it than I did though.
Was that one of the things you miss?
Yes.
Was your guiding light taken away from you?
Yes.

She missed sharing her own hopes and dreams with her. Before she would go out on auditions, she would talk to Mary and that would give her the strength to forge ahead.

What types of obstacles did she face?

I didn't really see any of that.

Who would you say Mary was closest to during her life?

Mostly all the family, but mostly us.

How many years did you share a bedroom?

Since I was two.

Was Mary still living at the house when she was murdered?

I think so. I was never there. I was out pursuing my acting.

The family found out when the police came to our house. My father answered the door. He came to the door and showed us a photo of her body. He asked if that was her and we said yes. My parents were both very upset.

Do you remember that day like it was yesterday?

Yes. It will never go away.

She remembers what the funeral was like. It was cloudy. It was a great day. Kenneitha was pregnant at the same time, so she had to think about her pregnancy. She was seven months pregnant at the time.

I teach all my kids about her. To this day.

You tell them how much you miss her?

Yes.

Do you also go to the cemetery?

Yes. I still go there. I was just there two weeks ago.

Do you go on special occasions?

I go when I feel like it.

When is it, like you feel like it?

When I feel I need to talk to her. ... My mother kept Mary's things.

[It was very sad listening to the Alexander's this morning. Listening to this witness my eyes start to well up again.]

Was it hard to go back into that bedroom knowing that Mary wouldn't be there?

Yes. I could feel her spirit.

You had bunk beds. Which bed did Mary sleep in?

The bottom.

She made you go up top?

Yes. She got the queen bed.

What day is Mary's birthday?

February 2nd.

Do you do something special on that day?

I go to the cemetery and say happy birthday to her.

What's it like on holidays?

It's not that good. We always remember ...

There's an emptiness since she's not there?

Yeah.

Oh holidays, do you try to remember the things, the good things about Mary?

Yes.

Is there a particular special holiday?

Birthdays. We always threw her surprise birthday parties, but we threw them for her anyway. She didn't like surprises.

Do you do anything special to remember Mary?

I still work out and dance. I dedicate some of my dancing and working out to Mary.

DDA Rizzo has some photos she would like marked. Up on the ELMO is a beautiful picture of Mary. She was beautiful. In the photo, she has sunglasses on her head. [On the witness stand] her sister wears them on her head as well. It's a tradition to remember Mary.  A photo of the sisters at a cousins wedding. Another photo of Mary with relatives. Now a photo of Mary's headstone.

Is that her grave marker?

Yes.

Is that at the cemetery you visit quite often?

Yes.

Another photo of Mary at another cousin's wedding. Mary was part of the wedding party, possibly the matron of honor. And another photo taken at a friends house.

What do you remember most, when you think about Mary?

The good times that we had together and now it's gone.

How often do you think about Mary?

Often. Every time.

And what is it that you miss the most about Mary.

My loved one. A part of me is gone.

Is there anything that you would want the jury to know about Mary?

She as a very good person. A very good person, a free spirit. She was a very free spirit person.

No cross examination.

5. TRACY WILLIAMS

Do you know someone named Mary Lowe?

Yes I do. ... Mary is my cousin.

How old were you when she passed away?

I'm 19, one year younger than Kenneitha.

Were you close?

I was. ... I didn't live close by. My grandmother lived close by. I called her my sister cousin. We were all very close.

How often would you say you saw her?

Ever since I could remember. Every weekend up until she was killed. ... After school, I would go over to their house. Kenneitha and I went to school together. There was always food over there.

We had a little dance group and Mary was our leader telling us what to do.

So you looked to Mary as the leader of your girl group?

Absolutely. ... We thought her dancing on Soul Train was really big at the time. ... We looked up to her as a big sister and a teacher. She taught us dance steps. ... All of our friends knew that she was a Soul Train dancer. ... They were well aware that she was on Soul Train.

Was Mary herself proud of that?

She was a real modest person. ... Just a real warm spirit, free spirit.

When you had this group, did Mary ever express that she wanted to make a career of this dancing?

I think so. ... She was always telling us that she was our manager.

Kids in the neighborhood looked up to her?

She was known in the neighborhood for her dance skills and she was looked up to in the neighborhood.

Her baking skills. You were a guinea pig for Mary's baking skills?

That's one of the things that I remember the most. ... Her mother baked as well and it was a house where you always knew you were going to get a good meal.

Would you describe your family and Mary's family as close knit?

Absolutely. We were close knit. We had another cousin that was close to Mary in age, and we were all really close. ... So this really impacted our family, more than Kenneitha can express. ... Her death took a bad toll on all of us. ... I know that spark in her eye [Kenneitha], just after school, modeling and acting, and I could see that the spark just wasn't there. ... I don't think she will ever get over Mary's death, ever. I would hope that she could go on, but it's left such an empty spot in her life. I'm sure she wishes that there was something that she could have done. ... Unfortunately, mom and dad passed away before they could see this day, and another cousin passed away before they could see this day. But fortunately, we are here. She is missed.

[What do you miss most?]

Her smile. I could never remember her frowning once. I only remember her smile.

Evidence of that in the photos we saw?

Absolutely.

I know you tried to come out [to court] as much as possible. Was it important for you to be here?

Absolutely. I fell that some of the family members that couldn't be here, that we needed to be here to represent the family so that we could show what this has done to our family and what we've missed by Mary not being here. ... And we still don't just understand why.

She rubs her eye.

But you know, that Mary had many struggles that she shared with you?

I didn't see as much. I did see all the struggles. I never even saw her frown.

She takes a tissue fro the Kleenex box.

I know some of the struggles just from the neighborhood where we grew up but we all had those struggles. Um... [She pauses.] We had the opportunity to make some of those struggles right. She didn't.

Do you think Mary had [kept?] some struggles from you and Kenneitha because she felt she was the leader and manager and had to be strong?

Absolutely. She was older. We looked up to her. ... I can see why she would have done that.

What about the holidays that you celebrate now? How is Mary not sitting there at the table sharing the meals on Thanksgiving or Easter dinner, how did that affect you and the family?

We don't have the holidays that we used to. We've lost some people and with Mary. ... I've tried to get Kenneitha to cook. ... Kenneitha lost both her parents and Mary so for her, it's even harder. I still have my mother. It will never be the same. W

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