Larissa Schuster Trial, Day 23, 12/3/07
Anthony Fagone, James Fagone’s father, no video available
Testimony continued Monday morning at 10:14 a.m. with James Fagone’s father back on the stand. The prosecution called him as a rebuttal witness. Fagone began by talking about how his son knew Larissa Schuster, “he worked anytime he could outside of going to work and sleeping.” Prosecutor Dennis Peterson asked Fagone about an accident his son was involved in. He said James Fagone was rear-ended and messed up his back. Fagone had been enrolled as a motorcycle training instructor. 10:18 a.m. Fagone said he received a set of three keys after his son was arrested. Other keys were returned to Fagone after he was arrested. There was a house key, motorcycle key and car key. July 12, 2003, Peterson asked Fagone if he remembered being home that weekend. The Fagone’s lived fairly close to Larissa Schuster, about a quarter of a mile. Fagone said on the weekends he wakes up around 7 a.m. or 7:30 a.m. He worked as a building inspector, now he does the same thing publicly. He said in 2003, he was in public works. The household then, consisted of himself, his wife and James. His daughter was staying with in-laws. Fagone had planned to do certain things for the new house every Saturday. He doesn’t know exactly what he was going to do Saturday July 12, but he remembered Larissa Schuster came over. Anthony Fagone said he remembered finding it strange that morning that Tyler Schuster’s bike was in the garage. Larissa Schuster arrived at around 9 a.m. She said she came to talk to Mrs. Fagone about a breast cancer awareness basket event. She then asked to talked to James Fagone, but he was still sleeping, “I said he’s still sleeping…she tried to force her way in.” 10:27 a.m. Anthony Fagone said he wouldn’t let her in to wake him up. He said around 11 a.m., James Fagone came out and asked him what he was doing for the day. Mrs. Fagone was at the breast cancer awareness meeting.
Defense attorney Roger Nuttall began cross examination at 10:29 a.m. He asked Anthony Fagone about the keys he obtained after his son was arrested. Nuttall asked him if he was aware James had rented an apartment in the tower district. Anthony Fagone said he had no idea. He said he lived rent free at his home, so he didn’t need to rent . “I want to be sensitive to you, were there a number o f things about your son you didn’t know?” 10:36 a.m. He said there were a few things. Nuttall asked if Anthony Fagone know James watched Tyler. He said he knew that, “my son was, kids seem to like him in general. I think it was his honesty. He didn’t treat them like kids.” 10:38 a.m. All he talked about were motorcycles. July 12, James had been out late the night before. Anthony Fagone gets to bed by 10 or 11. James Fagone came in after that time. On the previous night, Thursday July 10, Anthony Fagone was unsure if his son came in late. Anthony Fagone said he only knew when his son got in before 10. They communicated by cell phone. A bailiff and clerk from Fresno County entered the courtroom at 10:41 a.m. Nuttall asked Anthony Fagone if he knew about the money Larissa Schuster advanced his son for the tower district rental? “I didn’t know anything about the house, money or otherwise.” 10:47 a.m. Anthony Fagone left the stand at 10:52 a.m. A brief break was called. Shirley Sanchez , Julie Adams, Dr. Gopal, Tammy Belshay will be on the stand through the rest of the afternoon.
Tammy Belshay, Schuster’s former friend, audio and video available
After the break Larissa Schuster walked back in the courtroom. She gave a quick wink to her father and sat down. The next witness to take the stand was Tammy Belshay. She took the stand at 11:12 a.m. This is her second time testifying in this trial. She last testified Nov. 2. After testifying, she returned to Fresno. He asked about the blog she read on another television station’s website. She called the prosecution because there was a statement made that James Fagone was the person who went to the lab on July 12. She interpreted that to mean that Larissa Schuster did not go to the lab on July 12. It was that day, Belshay talked to Larissa Schuster. During that conversation, Belshay noticed all of Larissa Schuster’s acrylic nails were gone, “no doubt.” 11:15 a.m. “When we were speaking that morning, and she was concerned bout being bugged, she made a comment to me, if they put a GPS on my vehicle, they’ll know I went to the lab this morning.” 11:15 a.m. She said she went to the lab at 2 or 3 a.m. She said it was work-related. Belshay’s business was next door to CCRL. Belshay’s business was Access Business Consulting. The two companies had a relationship. Belshay’s business collected samples, Schuster’s business did the analysis. She said there was a continual relationship. Belshay and Schuster would discuss upcoming projects. Belshay said she never learned from Larissa Schuster that there would be a large-scale cleaning project. 11:19 a.m. “I was not aware of that.” She said she would be aware of that, if that would occur. Belshay said she always had a feel for what was coming up. She did not believe there was a slow period in business at CCRL coming up in August of 2003. Peterson finished his questions at 11:21 a.m.
Nuttall asked Belshay if she was close with Larissa Schuster. Belshay acknowledged they were friends. They did not discuss all of their business planning together. Nuttall asked Belshay about the importance of having clean glassware. The witness said it was very important. Then Nuttall asked about the importance of a vacation Larissa Schuster was going to take with her son Tyler. Belshay said it was very important. On July 12, Belshay said she noticed that Larissa Schuster was extremely upset. Belshay went to Schuster’s house at around 9 a.m. They were together for a couple of hours. Belshay said Schuster said she went to James Fagone’s house earlier in the morning. Belshay told Det. Daily that at around noon, Schuster told Belshay she had to go to Fagone’s house to pick up Tyler’s bike. Schuster was gone briefly. Then Larissa Schuster apparently had to go to take care of some business at her office. Before today, Nuttall asked if she had ever told anyone about Schuster allegedly stating to her, that she went to her lab the previous night, “I didn’t realize that until I reviewed my transcript, and realized it wasn’t there.” 11:30 a.m. “I know she was alerted to being followed, being bugged, and possibly having a GPS on her vehicle.” Belshay said she thought Larissa Schuster was going to the lab to pay bills and get ready for her trip. She said she didn’t offer the information to detectives, she only answered their questions as they posed them to her. As they were talking on the morning of July 12, Larissa Schuster was apparently very concerned, because she knew she was being followed by the police, “I think nervous would be a better descriptor.” “She seemed to be distracted, anxious, nervous.” 11:34 a.m. Belshay said it appeared that she hadn’t had any sleep, “that was one reason I was surprised she went to the lab, because I thought she’d be exhausted after being questioned by the police.” Belshay said she doesn’t have any personal knowledge that Larissa Schuster went to the lab. She also doesn’t have personal knowledge that James Fagone went to the lab. Nuttall asked the witness if Schuster said anything about the night before. Belshay said Schuster was with Tyler until she was called to accompany her to the police department. Belshay understood that Tyler was at home with James at the time. When Belshay accessed the blog, and heard that James went to the lab that morning, Belshay said Schuster told her she went to the lab. Belshay said she didn’t make notes of the events around that time. She said she just made mental notes. Nuttall finished his questions.
Peterson asked Belshay about finding it unusual that Larissa Schuster would go the lab after a police interview. Belshay said going to the lab to put on a sample run, didn’t seem odd, but going after a police interview did seem unusual. 11:39 a.m. Peterson asked her why she didn’t offer the information to police earlier. “I went in and addressed the questions and nothing more.” Peterson asked her if she’s sure about her recollection. She said she is sure, “firm recollection.” Peterson asked her about Schuster being nervous, but got more nervous about a search warrant being executed while she would be out on a trip. When she came back from the Fagone residence with Tyler’s bike, Schuster said she was going to go to the lab to do some work before the trip. Belshay said Schuster made no mention of changing information in accounting. Peterson finished his questions.
Nuttall asked Belshay about her interview with police, where she discussed details at length. She had talked about all kinds of things, including when a flower pot had fallen on Larissa Schuster’s foot. Belshay warned Schuster that a search warrant could be served and carried out while Schuster was away on her trip. “What she believed, and how she responded, she felt it was like a subpoena…I corrected her, by saying, no, that’s not needed.” 11:44 a.m. This was all before she went to go see James, Nuttall asked. Belshay said she didn’t remember.
Shirley Sanchez, Schuster’s former co-worker, no video or audio available
The next witness to take the stand was Shirley Sanchez. This is her second time testifying in the trial. She worked with Larissa Schuster at Pan-Ag, a lab in Madera. She was a resident chemist. Larissa Schuster was her manager. At some point in time the lab was taken over by ABC Lab. It was before Sanchez left the lab. During this period of time, close to two years, she was under the supervision of Larissa Schuster. Sanchez was asked to identify the defendant. During that time, they had daily interaction. They mainly had a supervisor/employee relationship. Peterson asked her about an incident in May, that led to her termination of employment. They had a confrontation. The confrontation occurred when Schuster insisted that Sanchez go into her office. Sanchez said she didn’t want to go in by herself. The company had apparently had a policy that professional mediation was available upon request. Sanchez said she was confidant her meeting with Schuster would not go well. Sanchez said there was often yelling and being unprofessional when Schuster had a discussion with workers. Sanchez said she would need to find someone to go in with them. She said her arms were full with study binders, containing all of the data as they work on projects. The binders are kept either in an office or a tech room. She said she was on her way to the tech room. She said she had three or four binders related to one study. Sanchez said she put the binders in the tech room, and Schuster came in and closed the door, and yelled at her, “I was scared, I asked her to let me out…I pulled the door open…feeling at the time that was the only safe place to be because it was not her territory…I just wanted to get away from her.” Sanchez said Schuster was still yelling at her. Another supervisor told her to take a time off and come back the next day. Sanchez said Schuster had her foot blocking the door. Sanchez said she didn’t know if Schuster would physically hurt her. She said she was shocked it was happening. She said she asked for a time out, and she wasn’t getting it. She was worried there was no other protocol, and things weren’t being followed. She said she didn’t feel like Schuster was going to physically hurt her.
At 11:59 a.m., the judge called the noon break.
Testimony resumed at 1:43 p.m. Sanchez took the stand once again. Peterson asked her general questions about her interactions with Larissa Schuster 1993 through 1995. He asked if there were occasions where discipline was focused on her and her job. She said not that she can recall. She said modifications of protocol were made. Objection. Overruled. Peterson asked her if she ever felt intimidated or bullied by Larissa Schuster. Sanchez said, no. Then Peterson asked if there was a group of employees who regularly met specifically focused on Larissa Schuster. Sanchez said, yes. She said there were discussions about people being fearful of confronting Larissa Schuster. Objection. Sustained. There were apparently meetings held in the lunchroom and outside of the building. Sanchez has described Larissa Schuster creating a culture of fear at the work place. Sanchez said she filled out a questionnaire at the employment office. A complaint was filed. She said there was no lawsuit. Sanchez filed for unemployment benefits because she has children. She said she went to a state agency. Peterson finished asking his questions.
Roger Nuttall advised Sanchez that he represents Larissa Schuster. When the witness worked for Pan-Ag, she worked around two years there. Larissa Schuster was at all times then a supervisor. She was hired by the owner of Pan-Ag to run a certain department. She was in charge of the residue chemistry group, as far as Sanchez can remember. “Larissa took her job very seriously?” “yes.” 1:52 a.m. Nuttall described her as a task master. She had the obligation of supervising all of the employees in her division. There were around 25 to 30 people in that division. The group of employees that met in the lunchroom and outside of the lab were a few people who complained about her, Nutall asked. Sanchez said it was the majority of the residue group. Nuttall asked Sanchez if she was terminated for insubordination. The witness said, yes. In the two to three years prior to that, Sanchez said she had complained, “there were things she had done that were not supportive management style…” 1:54 a.m. Sanchez said Larissa Schuster made them feel like unmanageable children. Sanchez said there’s a limited job market, so she could not leave Pan-Ag. She said the other labs in Fresno were at full staff. She said she tried to make the best of it, to keep some stability in her life. Sanchez said another manager was aware of the problems. She said when ABC came in, you didn’t know who you could talk to. They had a human resource person, who she felt was unhelpful. She said it was unclear who was in charge of what. Nuttall asked for a specific example of Larissa Schuster being criticized by her managers. 1:57 p.m. “I don’t think any employee should be aware that management is doing that. It would be inappropriate in my opinion.” Sanchez said she is not sure how long Larissa Schuster remained in her position at Pan-Ag, and into the transfer of ownership to ABC. She said she doesn’t remember which managers were there and when they left. Sanchez had been laid off from her previous job. Larissa Schuster had hired her part-time at first in the quality assurance office. Then Schuster promoted Sanchez to a full-time chemist. She accommodated Sanchez with a flexible work schedule to take care of her children. The incident where Schuster wanted to talk to Sanchez in her office related to a request to redo a report , Nuttall asked. Sanchez said she could not remember. She said she would not go into the office alone with Schuster. She wanted someone else there. Sanchez said her understanding was that if a third party was requested to sit in on the meeting, the request would be honored. She said she felt that was common practice. Nuttall asked her if he was her supervisor and had some problem in terms of her work, she would feel he could not ask her to come into his office to talk alone. Sanchez said Schuster demonstrated abuse, yelling behind the door, they would come out in tears, so she requested someone else be present. Sanchez said she had never had any large issues with Larissa Schuster before. Sanchez had an interview with D.A. investigator Judy Tucker a while back. Sanchez apparently told Tucker that she contacted her because Julie and Christy had told her she should contact the D.A.’s office because Larissa Schuster was hard to work for. Sanchez said the media reports were that Larissa Schuster was easy-going and easy to work with, and Sanchez felt that was incorrect, so the women decided to come forward and let the D.A. know there are differing opinions about Larissa Schuster. Nuttall read from a transcript. He quoted Judy Tucker, “you contacted me.” Two other former ABC workers filed a lawsuit against the company regarding alleged harassment. Sanchez said she did not join that lawsuit. The witness was excused. Tammy Belshay sat in the courtroom listening to the rest of the day’s testimony.
JulAnne Adams, Schuster’s former employee, no audio or video available
She currently works at BSK Lab in Fresno. She described her educational background. She also described her job experience in various labs as a chemist. She never worked at CCRL. She did work at Pan-Ag for about four years. For the most part she’s worked in organic chemistry. She has some experience with biotechnology. Prosecutor Dennis Peterson asked her about the use of glassware in her lab and the use of hydrochloric acid. She said glassware was cleaned in every lab where she’s worked. “I have never seen concentrated acid used to clean glassware.” Larissa Schuster claims close to 20 bottles of acid she had purchased within a month of her husband’s murder was acquired for the purpose of a major cleaning project at the lab. She described how glassware is typically cleaned. She said it’s scrubbed with a rinse and then baked in a kiln. She said using acid to clean is very unusual. She said some acid is used at her lab to adjust pH. She said only small quantities are used. She said sometimes the acid is diluted. “Is there any scenario you can imagine…utilizing 18 bottles of concentrated hydrochloric acid?” “No.” “Anything close to that?” “No.” The witness said she has followed the case in the media. She said she found the amount of acid claimed for use in cleaning unusual, so she notified the D.A.’s office. She said her experience with Larissa Schuster has nothing to do with coming forward. She said she worked at Pan-Ag in 1991, and left in 1995. During that time, Larissa Schuster was also employed at the lab. Adams said she worked directly for Larissa Schuster. Adams said she found Schuster to be intimidating. She said Schuster wasn’t physically threatening. Adams was aware of the confrontation between Schuster and Sanchez. Adams was contacted by Fair Employment and Housing regarding Shirley Sanchez’s complaint against Larissa Schuster.