Larissa Schuster Trial, day 7, Oct. 30, 2207

In the courtroom were Larissa Schuster's parents and the victim's mother Shirley Schuster. Several other unknown people were also in the gallery.

PAT FITZPATRICK/Larissa Schuster's Neighbor
The first witness of day 7 Of testimony started at 9:48 a.m. He works for U.S. Cold Storage. He lived on Vermont in Clovis. He was Larissa Schuster's neighbor. He identified the defendant. Larissa Schuster smiled at him. Fitzpatrick said he thought she was a very good neighbor. They talked regularly about trips they'd go on. The witness only talked to Timothy Schuster on a couple of occasions. Sometimes Larissa Schuster would clean dirt out of the gutter, because they had some of the first homes in the development. He traveled out-of-state for business on July 13, 2003. He was traveling to Dallas, and then to Laredo. He saw her during the boarding process. She and her son Tyler walked in after she was seated. They had a neighborly relationship. The flight took off, and at some point she had contact with Larissa Schuster. Fitzpatrick said hello to them, and gave them flashlights. Larissa Schuster said she and her son were going on a short vacation to San Antonio. Prior to the flight she heard on the plane that Timothy Schuster was missing. She said she wanted to meet in the gateway when they landed, but then she talked to him during the flight. She sat down next to him.

9:54 a.m. She said everything happened at once. She said she thought she broke a bone in her wrist. She hurt her shoulder on her exercising machine and hit her right arm and had a large bruise. She showed him her injuries. She said there were three different situations where she was injured. 9:55 a.m. it was just a bad day for her. The witness said he could not recall any specific comments she made about her divorce. She asked him if he knew her husband was missing. She said he lost his job. She said police went to his house and found the vehicle in the garage and found a handgun. She said they never had a handgun in the house. He was not familiar with her business. He felt she was a hard-working young lady. Fitzpatrick's employer dealt with agriculture. She told him she went to her office CCRL around 3 a.m. and forgot something at the office. It was very quick because there was no traffic.

9:58 a.m., Roger Nuttall began his cross-examination. He mentioned that he saw the witness at the hotel this morning. Nuttall had been jogging. It was around 5 a.m. Nuttall established he had never talked to the witness before. At that time two men from Office Depot walked into the courtroom carrying cardboard boxes, evidentially a delivery for the defense. Edgar Paige, who works with Nuttall, signed for the packages and then the delivery workers left. Fitzpatrick said she commented about her husband recording her conversation with him.

10:04 a.m. He said Tyler didn't appear in any kind of distress.
10:06 a.m. Peterson began his redirect. He asked thew witness if he recalled thinking the conversation with Larissa Schuster on the plane was extremely odd.

10:08 Roger Nuttall began his redirect. He confirmed the statement the witness made was a prepared statement he made for a detective. He approached the witness with a document dated July 24, 2003. The witness said Larissa Schuster admitted to him that she had left angry messages on his answering machine using foul language.

10:12 a.m. Dennis Peterson began his redirect. He asked the witness if the information about Larissa Schuster forgetting something at the lab, seemed to flow with the conversation. Fitzpatrick said it just didn't mean anything to him. 10:13 a.m. the witness left the stand.

THOMAS AVAKIAN, JR/CELL PHONE EXPERT
He took the stand at 10:17 a.m. He described his employment history and education. He is specifically familiar with Nextel. Currently he's an RF Engineer. He looks at all the cell sites in the Fresno area, from Madera to Visalia. He makes sure everything is performing as it should be. He was asked to described the technology of cell phone signals. 10;19 a.m. He pulled out his own cell phone to illustrate the description.
Avakian was then asked to describe the cell phone bill that doesn't show the towers where the calls were signaled. Nextell maintains that information for three to four yeas, but he's not sure about that. The Clovis Police Department obtained a search warrant in the summer of 2003. Nextell was asked to review the records and place when and where the calls were made. He was able to do that. The bill is for 559-647-1497, a number registered to Larissa Schuster. When a customer makes a phone call, it bounces off a tower and Nextell records that information. If a person is moving down the street, it will only log the first and last tower, where your call started and stopped. It doesn't log the towers in between. Avakian prepared a map show for the district attorney's office. He said almost every cell site has three different cell towers/sectors. It allows better coverage. The call detail records show each site is assigned a number. They don't mean much to him, he goes by the cell site name. Each number will only apply to that sector on a switch.

The court took its morning break. It went back on the record at 10:54 a.m. The prosecution displayed the Nextell records for the jurors. Avakian pointed out what the different numbers mean. He explained that when one site gets really busy, the call can shift to another sector. He was shown a map of cell phone calls made on July 12, 2003, It shows that a call was made to Timothy Schuster in the early morning hours before his death. It demonstrates Larissa Schuster's phone calls, and where she was when she made them.

11:10 a.m. Avakian was given a list of key locations to plot on the map relative to the cell towers used during cell phone calls. 11:12, Larissa Schuster and Tim Schuster's homes were addresses he plotted.
Avakian left the stand at 11:44 a.m.

JARED FICHERA/WIFE WAS SCHUSTER'S FORMER EMPLOYEE, THEN FIANCEE OF LESLIE DOBBS
Fichera took the stand at 11:45 a.m. He said he dated Leslie Dobbs. March 19, 2003 they became engaged. Dobbs was working at CCRL at that time. He worked for New England Sheet Metal. They got married March 20, 2004. He learned of something involving his financee on July 14, 2004.

11:47 A.M. He said when he returned from a camping trip he learned about Timothy Schuster's disappearance. He had some concerns, and believed police should be contacted. Out of the ordinary. He went to the Clovis POlice Dept. on July 14, and accompanied Leslie Dobbs. He was there to act as a support person.
Roger Nuttall had no questions for the witness.

LESLIE FICHERA/SCHUSTER'S FORMER EMPLOYEE
At the time of Timothy Schuster's murder, her name was Leslie Dobbs. She took the stand at 11:50 a.m. Her occupation in 2002-2003, she was a chemist at CCRL. She described her educational background that qualified her to work at CCRL (Central California Research Lab). She started working there Jan. 4. The business moved locations one year prior to Larissa Schuster's arrest. It is in the area of Jennifer and Shaw Ave. The new facility was just a few doors down from the old facility. The new building was larger. A walk-in freezer was installed. It was needed to store samples. They did soil samples and also tested fruits and vegetables for residues. There were other employees at that location. Those people included Raymond, Meagan and Joe Boatwright. Ms. Kang worked there part-time. Meagan Boatwright was a chemist. Joe Boatwright was a lab technician. The facility in 2003, there was an alarm system with an entry code. She had the entry code to disarm, and remarm the system. The other employees had the same code. Ms. Kang was a quality assurance worker. She audited any data generated and wrote up reports, to ensure data was accurate to follow EPA guidelines. Fichera identified Larissa Schuster. The defendant had her own office in the building. There was a computer located in the office. It was seized during a police department search. Fichera did not have acess to that computer. Larissa Schuster had a password to her own computer. Fichera knew Timothy Schuster since 1999. Sometimes he visited the lab. He would do tasks for her. He didn't visit once they moved to the new location. From the summer 2002, afterward also worked there. She named James Fagone as one of the employees. He was convicted of killing Timothy Schuster and is now serving a life sentence. His case is on appeal. He left the business in 2002, but Fichera can't recall seeing him after that at the lab. The afternoon break was called.

Testimony continued at 1:35 p.m. Dennis Peterson showed the witness and the court a number of photographs of the CCRL facility. The first photo depicts the back of the facility, where a hazardous waste drum is held. The drum is clear and has two holes in the top. One hole is for depositing the waste chemicals such as acetone. The chemicals are used for extraction processes.

1:38 p.m. did you use acids? not very often. The witness named the various acids they would typically use. On the other side of the roll-up door is a dumpster that is kept locked. The key is kept inside the building in a hallway. They hung on a nail on the wall. Larissa Schuster was familiar with the key. The next picture showed near the back of the lab away from the front door. Peterson pointed out a refrigerator. On top of the appliance were a cooler and other items. The next photo showed the lab near Larissa Schuster's office. The next photo showed the back of the lab, including the dumpster in the alley way. The next photo showed the acid cabinet where the various acids were stored. There's a blue top on the hydrocloric acid bottle, and brown top on the other acid bottles. She said the hydrochloric acid wasn't used very often. It was often diluted. They tried to keep the acids away from the bases, so the acid cabinet was the only place where acid was typically stored. The next photo depicts the archive room. It's toward the front of the lab. It's one of the first rooms on the right. It's pretty close to Larissa Schuster's office. In the photo, there's a piano dolly. They were used to move freezers from the old facility to the new facility. The walk-in freezer was new to the business when they switched locations. Fichera had access to the archive room. The room wasn't locked, but the file cabinets were locked. She and Larissa Schuster had access to the room.

1:46 p.m. At some point she learned there were marital difficulties between Timothy and Larissa Schuster. She learned about them in 2002. She was told that Timothy Schuster moved out to a condo. Around that time she went to Security Public Storage. It's located about two to three miles from CCRL. She rented a storage unit.

1:47 p.m. Larissa asked her if she knew anyone who had a storage unit. She wanted to keep some items away from Tim. She wanted to be able to claim they were lost in the move. Items there could be some dispute about. She didn't find it suspicious. She had a good working relationship with Larissa Schuster during this time. She was the senior chemist on the staff, in terms of authority. She had been there the longest. If Larissa was out of town, basically she would be in charge of the lab. At the time she lived on Maroa Ave. Dennis Peterson showed her the rental agreement she signed for Larissa Schuster. It was displayed for the jurors. She went to the unit only initially to make sure it was the right size. Payment was made on that date. She wrote a check. She was reimbursed the same day by Larissa Schuster.

1:51 p.m. At the time, she was given instruction on making entry into the rental unit. The document was displayed for the jurors. The witness had signed the document. The next peice of evidence was the directions on how to open the gate. The code number is lsited. The card with the information was given to Larissa Schuster as soon as they left the facility. The last exhibit Peterson showed to the witness was the transaction receipt, dated Aug. 8, 2002. The information was probably kept at CCRL, but the witness was not sure. After that she never visited the storage unit. 1:55 p.m. "She didn't mention to me what she had stored there." She learned that Larissa Schuster may have been involved in a 2002 break-in at Timothy Schuster's home.

1:56 p.m. "I don't remember how the discussion came up, she had gone over there." She didn't know where the stolen items were taken. She was under the impression that James Fagone took some of the property. At that time James Fagone was no longer working at CCRL. After James Fagone left, the witness really didn't see him around the business.

1:58 p.m. she read about timothy Schuster's disappearance on July 12, 2003. It was in the Fresno Bee. Her fiancee was not in town at the time. He was camping in the mountains. She discussed his disappearence with her fiancee.

1:59 p.m. her activities in the morning hours, she saw he was missing. It was around 8 a.m. During this time, she had some phone numbers. Peterson verified her cell phone number. She still has the same cell number. She talked to Larissa Schuster later that morning. She went into CCRL that morning to make a copy of paperwork for her wedding. This kind of activity was okay with Larissa Schuster. She had to deactivate the alarm for about five minutes. When she was in the lab she talked to Larissa Schuster.

2:01 p.m. She called Larissa to make sure she was ok, and find out if she had her son, or if he was missing too. 2:02 p.m. She probably called her cell phone. It was after 10 a.m., she said she had Tyler, and had been talking to police and was worried a little bit. The witness was familiar with the break up between the Schusters. After their seperation she commented about Timothy Schuster,

2:03 p.m. She said she wished he was dead, and wished he would crawl away and die. It would be moments when she was upset about something, not on a regular basis. Peterson asked if she ever talked about the split of community property. Larissa Schuster was 51 percent owner. 2:04 p.m. She didn't think he should be entitled to nearly half of the business. "She did the work, and she felt it was her company." She asked her if her boyfriend at the time good rough anybody up. 2:06 p.m. Larissa Schuster was told, Jared didn't know anybody.

2:06 p.m. She said it was for a friend of her. She never said it was for herself. Going back to the phone call on the 12th, Larissa Schuster's comments seemed normal. The witness talked to her later. Larissa Schuster called her and asked her to meet her at the lab. It was early afternoon by then. When the witness left the lab, she reset the alarm. By the time she got the second call she was at home. Larissa Schuster told her there was something wrong with some equipment, and she needed her to meet her. About 15 minutes later, she arrived and Larissa Schuster was at the lab. The alarm had already been deactivated. They talked inside the business.

2:09 p.m. She felt her phones were being tapped, so she made up an excuse to get her there. She said she spent all night with the Clovis Police Dept.

2:10 p.m. She said she had already been caught in a lie with police regarding calling Tim. There was something unusual about the time of the call. The two women were only at the lab together for about 20 minutes. They went into the main part of the lab near her office. They talked about the fact that she didn't have a lawyer yet. She thought that was a good sign.

2:11 p.m. There was some distinction being made between having a divorce or criminal lawyer. During that time, they talked about Larissa Schuster going on a trip. The witness said she'd let her know if a search warrant was issued. Larissa Schuster gave her a box to keep in her car. The box had documents in it. She never looked in the box before turning it over to police. They talked about the storage unit,

2:13 p.m. Larissa Schuster said if she was questioned by police about it, not to say anything about it. At that time she had moved from the Maroa address. She was then in the 300 block of Morris.Later Larissa Schuster asked her if the witness' husband had a friend or knew anyone with who had a truck with a liftgate. She said her friend needed to borrow a rototiller. She said her plans to leave Fresno were set for the 13th. Fichera checked with a man named Rudy, who lived about two miles from her home. They went to the man's home. He invited them in. He did not have a truck with a liftgate though. Ruddy tried to call his boss to borrow a truck. His boss' name was John. She was present when that called was made. They were not able to make arrangments to obtain a truck with a liftgate. There was one additional attempt to find a truck with a liftgate. They went to a man's house. His name was Mike. Larissa Schuster was there for both attempts. They went back to Fichera's house. They started making calls trying to find a truck with a liftgate. They called the U- haul on Blackstone Ave. They said they didn't have one. Then they talked about maybe just getting a trailer. Larissa said her truck wasn't equipted to pull anything. Then they decided to get a regular truck. The reservation was made in the witnesses name. She made a reservation for that day. They closed at seven that night, so they needed to handle it right away. The reservation was made for around 4:30 p.m. or 5 p.m. Larissa Schuster drove her truck over to the U-haul. They arrived at U-haul around 5 p.m. They rented the truck. U-haul was on the east side of Blackstone, close to freeway 41. Larissa Schuster went inside with her. She parked her truck out in the yard. It took about 10 minutes to fill out the paperwork.

2:23 p.m. Larissa Schuster didn't want police to ask her why she was renting a truck. She just wanted to move the rototiller. She thought that sounded suspicious. She had to meet police and give them a book or something later in the day. She didn't say where she was to meet police later. She left the business seperately. She went in her truck. She turned right, heading northbound toward Herndon Ave. The witness said there was instruction to drive the truck, and then an inspection of the truck before she took off. She then verified the mileage. The number was displayed for the jurors.

At 2:28 p.m. a new crowd of people entered the courtroom. The trial has attracted law students and others. Back to the testimony, a receipt shows the U-haul was driven 15 miles. Later Larissa Schuster showed up at her house. She had changed vehicles. She took off down the road, not heading directly toward CCRL. Later Leslie got a call from Larissa Schuster. She said she was having trouble getting the keys out of the rental truck. The time at that point was 6:18 p.m. It was about a half an hour after Larissa Schuster had left in the truck. Larissa Schuster's home is across town. And with normal traffic it would take a while. Leslie didn't think it was odd that Larissa Schuster couldn't get the keys out of the truck. Another call was made at 6:39 p.m. She didn't provide her location, but said she would meet her back at the U-haul site. Leslie went immediately to the U-haul location. She also saw the U-haul truck heading in that direction, behind her. She past it near St. Anthony's church. She saw Larissa Schuster. She was alone.

2:44 p.m. Leslie noticed that 15 miles had been put on the truck. She said it wasn't very far to her house. 2:44 p.m. She had dirt on her chins. And she pointed out that she smashed her toe. There was blood on her shoe. She said it got smashed when she was pulling the rototiller up the ramp. She mentioned that she needed James' help to pull up the rototiller. She said she had to yell at James to help pull it up.