Witnesses of the day will include Robert Solis, Victor Uribe, Judy Van Gorkom, Officer Richard Zuniga, Detective Vince Weibert and Detective Larry Kirkhart
Day two of the trial started at 9:49 a.m., as jurors returned to their seats. The first witness called to the stand was Robert Solis. He was a close friend to the victim Timothy Schuster.
ROBERT SOLIS, FRIEND OF THE VICTIM
He has lived in Fresno County all his life. He met Timothy Schuster through his wife who worked with the victim at St. Agnes Hospital. They both worked in the cardiology department.
He socialized with both Timothy and Larissa Schuster. He identified the defendant as Larissa Schuster. He recalled the time when the Schusters separated around 2003. He was aware of Timothy Schuster's home north of Riverpark. Timothy Schuster moved to California from Illinois. He went to visit his family after he moved to the Woodlawn address. Solis learned his friend's home had been broken into. He saw papers in the hallway, items missing such as baskets, crystal, television and computer were gone.The baskets are very expensive. After that incident Solis became aware of Timothy Schuster buying a handgun. He received a concealed weapons permit. He never carried the weapon, but kept it at home or in the truck. He had visits with his son Tyler. He would put away the gun in an area where he knew it would be safe.
In the summer of 2003, his wife Mary received notice of her employment at St. Agnes Hospital. She worked there for almost 33 years. One day she called him crying. She said she had been dismissed from her job. He went to pick her up. During the travels home, she told him Timothy Schuster had also been dismissed.
Timothy Schuster called and came over to the Solis home. They discussed why it could have happened. Timothy Schuster had moved from the Woodlawn area to Clovis, 1602 Houston Ave. Solis had visited his friend there on many occasions.Timothy Schuster came over for dinner the night before they were to meet with personnel at the hospital, to discuss their layoffs. There was a severance package being offered to both Mary Solis and Timothy Schuster. Timothy Schuster was very concerned about finding other employment, but he was more worried about her than himself.Timothy Schuster had worked at the hospital for about 18 years. The plan was that Tim would be the first interview, then there would be an hour delay until Mary Solis' interview, then they were going to meet at I-HOP, Tim didn't' show up.
10:01 a.m. The Solis' made several calls to Timothy Schuster's home.
They waited and he didn't answer. 10:02 a.m. After her interview, the Solis' were told that Tim didn't make the appointment, so they decided to see if he was alright. She went back to her interview. He tried to call him again, no answer. He contacted a mutual friend, and asked him to run by Tim's house. He called 15- 20 minutes later, and looked in the garage and saw Tim's truck, but there was no answer at the door.The Solis' went to Timothy Schuster's home, they were concerned because of the real bad divorce, and he had a gun in the house, and they were hoping nothing happened to him. The police arrived a short time later. The Solis' told police why they were concerned. The police entered the house through the side gait.
The Solis' waited outside. The police came out and said Timothy Schuster wasn't there. 10:05 a.m. Tim wasn't normally late to anything, for him not to be there really concerned us. What heightened the issue, police said his wallet, ring, and his cell phone were still on the dresser, while I'm here to tell you, he never went anywhere without his cell phone. His wallet, he wouldn't do that.
Solis was aware of a scheduled time Timothy Schuster would meet with Larissa Schuster to visit with his son Tyler. Solis decided to take additional action to find Timothy Schuster. They had to wait 24 hours to file a missing person's report. They filed the report. The next day, Victor Uribe and Mary Solis went back to Timothy Schuster's house in the morning. Before they went in, Mary Solis called Tim's mom, to ask if it was alright for them to enter the house. Shirley Schuster gave them permission.
When they scouted out the place, they found Tim's items, including the clothes he wore the night before in the hamper. What really came to light was there was this chair. She looked at the wingback chair and saw something sticking out. She went over to it, it was a gun. The chair was next to the door. The police didn't find it yesterday. The police came back out and secured the gun.
10;10 a.m. Where the guns was located was unusual. Robert Solis eventually went into the residence himself.
He had a recipe for his mother's ice cream. He had an old container. He had made ice cream the night before. It was in the sink. The shoes he wore the night before were out in the garage. His pants and shirt were in the closet in a laundry hamper.
It was unusual that the ice cream holder was in the sink. He would have dried it and put it away. He was a pretty neat guy. All of his clothes were still there, hamper was still full. The toiletries were still there.
Defense attorney Roger Nuttall began his cross-examination at 10:20 a.m. Solis described watched police make entry to Timothy Schuster's home. 10:24 a.m., did he express a fear of his wife Larissa? Solis said he was concerned. In an earlier interview, Nuttall pointed out that Timothy Schuster purchased the gun without fear of his estranged wife. Timothy Schuster typically kept his gun in a holster. He can't recall seeing the gun without the holster. Once he brought out the gun to show the Solis.' Robert Solis said Timothy Schuster wanted the gun for protection, but wasn't sure where he kept it.
Nuttall asked, "did he ever express he needed the gun because of the break-in to the condo?" Solis said, "yes." Solis said in the James Fagone trial, Timothy Schuster didn't really feel the need to get a gun after the break-in.
Dennis Peterson re-direct: Larissa Schuster was friendly to Robert Solis, even after the breakup of the Schuster's. 10:37 a.m. Tim was very concerned mainly because he couldn't believe it.
At 10:39 a.m. Robert Solis left the stand.
JUDY VAN GORKOM, FRIEND OF VICTIM
She flew into Los Angeles, and no longer lives in the Clovis area. She lived on Vermont Ave. She lived there in 2002. It was an upscale home for her and her husband. She got to know some of her neighbors. There was an informal directory in the area. They would have block parties or people would open their homes. She met Larissa Schuster who lived across the street. They lived in a cul de sac court. Prosecutor Dennis Peterson displayed a photo of Larissa Schuster's home.
She was never a guest in Larissa Schuster's home. Gorkom spent a lot of time in her front yard. She would wave to people in the neighborhood. Once she saw Larissa Schuster's home with the garage door open. 10:45 a.m. It was a bright blue barrel. The color caught my eye. She was in the audience of the Today Show, so she recalls the date of the show. She pulled the weeds before the trip to make sure the house looked nice while she was gone.
10:47 a.m., Peterson pulled out the blue barrel replica for Gorkom to identify. She said the size and color where the same. She said Larissa Schuster was moving it. 10:47 a.m., it caught her eye, and as Gorkom noticed it, Schuster was moving it. She didn't continue to stare.
The morning recess was called at 10:48 a.m.
Testimony resumed at 11:12 a.m.
Roger Nuttall began cross examination. They had never met before. She did testify in the James Fagone trial. 2464 Vermont was where she lived. It was generally speaking across the street from where Larissa Schuster lived. This happened in late June around the 25th. She was gone on her trip for two to three weeks.
It sees both of her garage doors were open. She happened to look up and saw the barrel. She was moving an object that appeared to be blue, like the blue barrel. She noticed the color first. Gorkom was able to see into the garage on other occasions as well.
It was the only time she noticed something bright blue. Gorkom had never been in the garage, but the garage door would sometimes be open. Gorkum lied on Vermont for about another two or three years after that. This was a new development in the Clovis area. Image Homes was the builder of that section. During that time, Gorkum learned Larissa Schuster had been arrested. After the arrest, Gorkom spoke with investigators regarding the case. She talked about the same barrel in the James Fagone case. That case was within the last year. Before that trial, no investigators had shown her various containers to what she saw before June 25, 2003.
Gorkom did not talk to Larissa Schuster the day she saw the barrel. They had previous encounters. Gorkom never met Timothy Schuster. She does remember seeing a moving van picking up his belongings. Another neighbor advised her that the items belonged to Timothy Schuster.
Gorkom talked to Judy Tucker about this case in 2003. Gorkom told Tucker about the barrel, but she couldn't tell if the barrel was metal. Gorkom mentioned to Tucker seeing a man around the house around that time. 11:25 a.m. did you tell her that you observed a man living at that house around 2002, 2003, and he drove a pickup. She said, "yes." He was younger looking than Larissa Schuster. 11:26 a.m. His pickup was parked in the garage, so it looked like he had access in and out.
The man with the pickup was clean cut looking. Gorkom doesn't remember much about him. She don't know if he was Timothy Schuster, but she didn't believe it was him. She had moved to the Vermont location in April of 2002. The man who she believed may have lived there, Gorkom said he looked older than the man who was arrested in connection with this case.
11:29 a.m.
Gorkom may have seen a picture of the man who was also arrested with Larissa Schuster. She had never seen Fagone at the house. She never noticed a Mitsubishi around the house. When she returned from her trip to New York she learned of Larissa Schuster's arrest eventually. Gorkom hasn't talked to Larissa Schuster since the investigation started.
Gorkom saw Larissa Schuster's on Tyler. Other than Tyler and Larissa Schuster and this man with the pick-up truck, she doesn't recall seeing anyone else at the house. There was no commotion at Larissa Schuster's house until the investigation. There were a lot of police and media in the neighborhood.
Peterson started his redirect. The blue barrel was described as a "big blue barrel." She estimated it was about as tall as her waist. She talked to Judy Tucker Aug. 11, 2003, about one month after seeing the barrel.
Gorkom left the stand at 11:39 a.m.
VICTOR URIBE/FRIEND OF VICTIM
He now lives in Selma. He was acquainted with Robert and Mary Solis and Timothy Schuster. He met Tim through the Solis' around eight years ago. They were friends the last couple of years. Uribe was aware of Tim's marriage and separation from Larissa Schuster.
Urirbe recalled the time when Tim moved to the Woodlawn location. He remembered learning the condo had been broken into while Timothy Schuster was away on a trip. A number of things were missing. The back door was kicked in. He also said some recipes were missing. Some things were vandalized and destroyed. Police were eventually called. The break-in caused Timothy Schuster a lot of concern
He decided to get a gun after that. Uribe and Timothy Schuster went to a gun store together. They both obtained concealed weapons permits. Timothy Schuster kept the gun in his pickup, especially when he had Tyler. He didn't want his son to know he had a gun. He never actually carried the gun on him, although he had a holster. He carried his gun in his brief case sometimes. He was in the Woodlawn home between three to six months. He eventually bought a house in Clovis.
The residence was a nice house. The kitchen had granite counters. There were vaulted ceilings and an alarm system. There were motion detectors and the doors were wired. Special instructions for alarm activation, the alarm company was to call him first, and if he wasn't available, his mother should be called.
He would always set the alarm. They talked on their cell phones often. Timothy Schuster always had his phone on him. Uribe recalled when Tim was laid off from work. They met at a Starbucks to talk about it. At another time, they met with the Solis' before Tim went missing. He saw him at 10 p.m. He made homemade ice cream. He was going home then because he had a meeting with HR at the same time.
Uribe talked to the Solis' about Tim talking showing up for his HR appointment. Uribe went to his house at around 11 a.m. the next day. He knocked on the door, no one answered. The paper was still on the front porch. He peeked in the garage and saw Tim's pickup in there. Uribe went in the garage and looked at the pickup. The door was open. He looked in the pickup, his wallet was in there. Mary Solis was outside at that time.
A community service officer was in the area. Police arrived a short time later.
He normally wouldn't leave his gun hanging around. The holster was not with the gun. 11:56 a.m. Uribe described Tyler and Larissa Schuster walk out of the beauty salon, look for Timothy Schuster and then left.
Court let out for the lunch hour.
Roger Nuttall began his cross examination at 1:37 p.m. He asked Uribe about the night of June 9, 2003. Uribe ate with the Solis' and Timothy Schuster. He understood Mary Solis and Timothy Schuster would go to the HR department of St. Agnes the next morning. Uribe and Tim left at 10 p.m. They left the Solis home in their own vehicles. There was nothing unusual about that. Uribe had only met Larissa Schuster one time before at the Solis home. On June 10, the Solis' were concerned they didn't see Timothy Schuster. Uribe went to Tim's home and looked in the window. There was no answer at the door. Later the Solis' and police came to the house. The gate was unlocked but closed when Uribe arrived at Timothy Schuster's home. The next day Uribe went into the house as well. He also went to the nail shop where Tim was to meet Larissa to pick up Tyler. Tim had told him the day before that that was where he was to pick Tyler up for a visit. It was after 5 p.m. He saw Tyler go outside a couple of times. He saw Larissa leave. When she came out of the shop she talked to Tyler, got in the car and left. He couldn't see her have an encounter with someone outside. He sat in the parking lot for at least 30 minutes. She was driving a Lexus. He watched them drive out of the parking lot. He didn't follow them beyond that. When Uribe went to Timothy Schuster's house on the 11th, he noticed the gun, cell phone and keys in the house. They didn't call police. He said they should have called police. He touched the gun. He then spoke with police on the the 13th. He didn't directly have contact with police at the house during that time. Nuttall asked him about the gun again. Uribe said Timothy Schuster showed him where he'd keep the gun locked up in his truck behind the seat. He then asked the defendant about how he entered the home. He said the gate was unlocked, and the door into the house was locked.
Uribe was excused from the stand at 1:51 p.m.
OFFICER RICHARD ZUNIGA/FRESNO POLICE DEPT.
He's worked for the Fresno Police Dept. for nine years. He was dispatched to a burglary with a possible suspect. He met with Timothy Schuster in the front of the residence. It was a smaller home. The homes are tightly clustered. He talked to Schuster in front of the garage, then he led the officer to all of the parts of the home. There is a metal strike plate that was pushed in. There was a two by four to secure the door. The door into the house was not damaged. 1:55 p.m. Items were broken, it was all messed up. He noticed a vase was broken in front of the fire place. In the bedrooms, the mattresses were thrown off the bed partially. There were two bedrooms, one was a master suite, the other was a second bedroom. There was a key to a Lexus that was missing, that was kept in the kitchen. The living room was also ransacked. It was a three bedroom house. One of the rooms was an office. Computer equipment was missing, including a printer. The officer needed to review his report to talk further about the details of the office area, also referred to as a computer room. Software, two computers, etc. were missing. In the living room, electronic equipment was missing, a television, DVD and VCR, speakers, etc. Glassware was also missing. Documents were also taken. 1:59 p.m. Timothy Schuster documented his visits with his children, that was missing as well. Baskets were also missing. The Schusters collected decorative baskets, and some of those were missing. This happened in August 2002. The officer examined a map displayed for the court.
Roger Nuttall began his cross examination at 2:01 p.m. At the time Timothy Schuster was actually living within the Fresno city limits. His home was referred to as a condo or urban development. Timothy Schuster had been gone since August 1, to visit family in Illinois. One of the things that was taken was the key to the car that belonged to Larissa Schuster. Nuttall asked why he had a key to her car. They collected the glassware jointly. The baskets were also jointly owned by the Schusters. Many of these items were the subject of a property settlement. The iffier said they talked about that situation. The items that were left were not jointly shared by both Schusters.
OFFICER VINCENT WEIBERT/CLOVIS POLICE DEPT.
He's worked in the department for nearly 18 years. In 2003 he was a detective in the investigative division. He was involved in a missing person's case regarding Timothy Schuster. A patrol officer initially took the missing person report. He wanted to search Timothy Schuster's home, so he obtained a search warrant. That allowed him to look at anything in the home to aid in the search, including writings, messages, or out of place items. This was a more in-depth search compared to the initial search. Initially it was a welfare check. Those were performed on two separate occasions. He went to the 1602 Houston address on Friday June 11. He was the lead on that search. Items of particular interest included a firearm. It was located under a cushion near the front entrance of the home. Prosecutor Dennis Peterson showed the officer photos of the gun and entry way. The photos were also displayed for the jurors. The officer noticed there was some damage to the wall, as if the chair had been pushed forcibly up against the wall. Police also found Timothy Schuster's brief case found in the home. Inside of the brief case was a small tape recorder. Police seized that evidence. Weibert described the gun. There were no signs that it had been fired. The gun was loaded, but no bullets were in the chamber. The officer then described the phone from Timothy Schuster's bedroom which had caller id. He noticed the day, time and phone number on the caller id. He then obtained telephone records pertaining to that cell phone number on the caller id. The search was conducted in the early morning hours. After that, he interviewed Larissa Schuster. Det. Kirkart and Willow contacted Larissa Schuster initially to come speak with police. They planned to interview her at the Clovis Police Dept. The interview was done in a soft interview room, with tables, chairs and recording equipment. The interview with Larissa Schuster was video and audio recorded. The recording was played for the jurors. It will last two and a half hours.
THIS IS NOT AN EXACT TRANSCRIPT OF THE INTERVIEW. O=OFFICER, L=LARISSA
The jurors were provided a copy of the transcript. The afternoon break was called at 2:28 p.m.