Larissa Schuster Trial, day 20, 11/26/07
The judge took the bench at 10:14 a.m. Monday morning. Larissa Schuster walked in less than a minute later. The judge said all but one of the jurors is present. Juror number four indicated that her husband took ill over the weekend, and she’s at the hospital with her husband at the time. The juror said she can be at the courthouse by 1:30 p.m. The attorneys and judge discussed what to do. The defense feels the court should wait for her. With further follow up with the juror, the judge said she wants to be here, and intends to be here at 1:30 p.m. Prosecutor Dennis Peterson initially felt perhaps she should be replaced, but now he would like to wait for the juror.
The jurors entered the room at 10:18 a.m. Judge Wayne Ellison explained to the panel the missing juror’s circumstance. One of the jurors quietly said, “this is ridiculous.” The jurors left the courtroom at 10:21 a.m. The judge then said at some point in time the court will need to have an informal jury instruction conference. The attorneys were given a draft of jury instructions over the week off from the trial. Defense attorney Roger Nuttall said he would like to break around 11:30 a.m. to do some other work. The judge then said the issue with jury number five, and the thumbs up that was given to Larissa Schuster, should be discussed. He had reserved the right make a decision. Peterson said even though he made the motion to have her excused, and he believes there are cases that puts the court on notice to that juror, without some additional instance of misconduct, she should remain on the jury. The defense still wants to keep her on the jury. Peterson said this is essentially, one strike against the juror. The court agreed. Evidence will likely finish either Thursday or no later than Monday, Dec. 3.
Court recessed until 1:30 p.m.
Testimony continued at 1:40 p.m. with Larissa Schuster on the stand. Prosecutor Dennis Peterson asked Schuster about statements she allegedly made to her manicurist Terry Lopez, “I don’t remember the exact conversation.” 1:42 p.m. “I pay him too much for him not to do what I tell him to do,” that’s what Lopez told the court, Schuster said to her regarding James Fagone. She said she didn’t remember the resignation letter Fagone gave to Schuster. She also said she didn’t recall him turning in the keys to the lab. Terry Lopez said Schuster said, “I can do it, and I can get away with it.” 1:44 p.m. Schuster said that statement was exaggerated. She said she told people she wished he was dead, but did not want him dead. 1:45 p.m. She had an interview with Clovis police on July 11, 2003. After Timothy Schuster failed to show to pick up their son Tyler, she called Terry Lopez and said she was worried, and wondered if she should call the police and report him missing. Her husband works in law enforcement. Terry Lopez denied that conversation. “Is there some ax to grind between you and Terry?” “I had no ax to grind with her, you have to understand the setting of where she worked.” Schuster said there was all kinds of talk that happened at the nail shop. “I don’t know how anyone could keep a conversation straight, it was gossip central.” 1:48 p.m. “She has exaggerated things she thinks I said, because I don’t agree with what she said in her testimony.” Peterson asked if there is some reason she would swear to tell the truth and offer false information against Schuster. Schuster said if there is, she’s not aware of what it would be.
Peterson started to ask Larissa Schuster about the break-in at Timothy Schuster’s home prior to his death. Larissa Schuster admitted to taking items from his home. She was alone with James Fagone when that break-in occurred. Peterson asked her if she’d ever stated that other people were involved in that break-in, “there were a lot of things that Tim took that were not feasible for him to take because the dissolution was not finalized.” 1:51 p.m. She drove a pick-up truck into the garage. She took a significant amount of property. She said she doesn’t remember who carried what items. Peterson said the bed of the truck has a limited amount of space, and she would likely not want a huge load leaving the house. She said she didn’t think about that at the time. Peterson then started listing off items that were taken. Some of the items included a computer, printer, speakers, baskets, glassware, a television. She said she doesn’t remember where the items were put, and what items she carried. She said James Fagone was given the items to do what he wanted with them. She let him take whatever he wanted. She said she only received a few items of property, six baskets, a coin bank and glassware. She thought there were more baskets than that. She doesn’t remember the exact count. “You were so angry about him taking these items, you went to the extent of going to the airport to take his truck and take these insignificant pieces of property.” 1:56 p.m. She said Tim moved out without discussing property division. She said they had just been to a child mediation meeting the day before. Larissa Schuster turned and addressed the jurors as she described how she had primary custody of the their son, and the home was supposed to be undisturbed, “it was very disruptive for my son. I was angry about that. I was upset as anyone would be.” 1:58 p.m. She said she was very frustrated, she couldn’t get Tim to communicate with her in any way. She said she always found another surprise. She said he did not honor the idea that all assets would not be divided until the divorce was finalized on paper, “that was a long way off.” She said she was trying to be as honest as she could, “I was angry at him for doing that.” 1:59 p.m. Peterson asked her about how she expressed her anger? Objection. Sustained. Peterson then asked her about her angry phone messages, that included vulgar expressions, “I did and I explained I’m not proud of any of that I said. I’m very ashamed. That was the result of many accumulated things.” 2 p.m. She said he continued to provoke her, and she said he told her he would ruin her life. She said she admits to venting in a very vulgar way. 2:01 p.m. She said that was the only way she could vent. Peterson asked her if she vented at others. She reportedly yelled, demeaned and manipulated employees who disagreed with her. Schuster said she didn’t push an employee, the employee pushed her, “I disagree with her assessment of the situation.” Larissa Schuster said she did not yell and threaten her. The defendant said the employee was unwilling to be managed, and she had done something against company procedure, and she didn’t want to follow what Schuster asked her to do.
Peterson went to the next topic. He asked her about the acid that was purchased. She said she could not verify the dates of the purchases without looking at receipts. The prosecution then collected the receipts for Schuster to review. Peterson asked if she purchased acid on three separate dates. The first was the same day she did a word search on “acid,” “digest,” and “animal tissue.” Peterson then asked her about her claim that the acid would be used to do a massive cleaning of all of the lab’s glassware. On June 18, the next case of acid was purchased, “was there something that prompted you to order that second case of acid.” She said there wasn’t anything specific that she recalled prompting the second purchase. The first purchase was made on June 13. She said she probably did further research on the cleaning. She said she needed all three cases of acid to do the exhaustive cleaning with. The third case was purchased on July 1. So, Peterson asked again if Schuster did some research that would require her to order a third box of acid. “At some point I did realize I would need more to obtain the volume to clean the specified glassware I would need to clean.” 2:08 p.m. Peterson asked her if she consulted with any of her employees about needing to purchase the acid. She said she doesn’t recall. As far as the planning to do this, Peterson asked if she discussed with any of the employees about an alleged slow period in which the employees would have time to do the large-scale acid cleaning. Peterson accused her of not having an acid-cleaning scheduled, because there was no down period. He said she had a very good recall of a conversation on July 13, with a Mr. Jiminez, who was to install a barbecue at her house. She allegedly solicited him for help committing a crime. She said he sparked the idea of committing the break-in to take property back from Timothy Schuster’s house. She said she doesn’t recall him turning her down to participate. She only recalls he didn’t participate. She allegedly approached him another time, about using a stun gun to immobilize Timothy Schuster, “I don’t ever recall having that discussion with Mr. Jimenez about those specifics you just mentioned.” She said she never solicited James Fagone to attack her husband, “absolutely not.” 2:15 p.m. She said James Fagone never told her anything about purchasing items for the crime. Peterson asked her about the pre-text phone call Tammy Belshay made to Larissa Schuster when the defendant was in Texas. Belshay made the call for police. Part of that phone conversation was played for the jury again.
THIS IS NOT AN EXACT TRANSCRIPT.
Do you want me to call you later? You’re with Tyler.
That’s fine if you want to.
I feel like I, I called my mom and told her what was going on. She was devastated. I did, you know, I don’t know how much to say. I don’t know. Can I ask what police asked you.
Just very general, what I knew about your divorce, my perception of Tim and you.
Did they call you into the department.
Yes.
I heard Tim had lost his job, and may have killed himself. It was very brief. I was in and I was out.
Personality?
They didn’t really get into that nitty gritty. They asked about my relationship with you, nothing that would stand out in my opinion. It just seemed like it was a check box, I had to be called in.
They called James in too. I wonder if they called Leslie.
They may have. Who knows. Who knows. They’re doing their job. So you have to expect that. You take it easy.
I haven’t gotten a lot of rest.
Peterson asked her what she told her mom. She said she doesn’t remember any conversation she had with her mom. Did you tell your mom Tim was dead, “I don’t recall.” 2:22 p.m. Peterson asked why she was interested in what police asked her about her being capable of doing anything. “I was the most despondent I’ve ever been in my life. This was emotionally, one of the lowest points in my life. I don’t know what prompted me, I don’t remember any of these things I said.” 2:23 p.m. He then asked her about why she talked about James Fagone getting called in, “I don’t remember Mr. Peterson. I just don’t have the recollection of that conversation.” He then asked her why she immediately asked about Leslie. “James is the killer of your husband, but you move right past him to Leslie, what was going on there?” 2:25 p.m. She said she was making irrational decisions. She said she didn’t really know what to do, what to say, “I was not functioning normally.” 2:25 p.m. Then Peterson commented that while Leslie Dobbs was on the stand, she testified when Larissa Schuster returned the U-Haul, she appeared injured, “do you remember being in that condition?” Schuster said she remembered getting dirty, because she moved boxes in the warehouse. She said she didn’t remember acquiring any injuries. She said the blood spot on her toe was from the week before. She said she didn’t remember acquiring any new injuries, “I’m a fairly physical type person at the lab.” She said she did hard labor at the lab, so it was not unusual for her to have scrapes or bruises on her arms. Peterson then displayed a picture of the warehouse. This is where the ice chest was moved, so she said, James Fagone could gain access to the blue barrel containing Timothy Schuster’s remains. Peterson asked how dirty the warehouse was. She said there was a layer of dust on the coolers. Then Peterson showed a close up shot of individual boxes in the warehouse, “dust and debris came up a lot in the area.” Larissa Schuster said she was not being honest with her friend about what she had done. 2:31 p.m. Peterson asked if she built on the lie by describing details. She said she doesn’t remember elaborating on the details. Not only was it a lie, Peterson said she was extrapolating on the earlier lie, “I was being dishonest with her. I did make up a story, yes.” She had allegedly told Dobbs that she yelled for James to push. Peterson asked her if she wore a wig that day. She said she doesn’t remember. Larissa Schuster earlier testified that she drove James Fagone’s vehicle over to the storage unit. The vehicle was displayed for the jurors. They would have had to exchange keys, she said that happened after she got to the lab. She said she had never driven that vehicle before. Peterson asked her about when she called Leslie Dobbs regarding a problem with taking the keys out of the ignition. Peterson asked her if there were a lot or little amount of keys on James Fagone’s keyring. She said she doesn’t remember.
Peterson asked her about the chronology. After the U-haul was rented, she gave a detective the journal Timothy Schuster kept regarding their interaction. Peterson asked her if she had a normal composure
2:41 p.m. “I have no idea what I looked like to other people, inside I was a wreck, I was a mess. I was on the very of a nervous breakdown. There’s no logic. I was trying to maintain my composure the best I could.” 2:42 p.m.
Peterson then asked her about a statement she allegedly made to Terry Lopez, about reportedly making an academy award performance. 2:43 p.m.” Normal didn’t include calling police about the death of your husband?” “In hindsight I should have.”
“James told me it was an accident. I wasn’t making good decisions. I had to deal with him in certain aspects. I never believed for one minute he would hurt Tyler.” 2:45 p.m. She said at no time did she think James would hurt her son.