Day Five, Part One - Wife Of Defendant Makes An Appearance

I'll be breaking today's post into two parts. Here's part one...

Court was scheduled to begin at 10 a.m., or "ten-ish" as presiding Judge J. David Mazurek likes to say. Before the jury was allowed in, Nichole Lee, the wife of the defendant, made an appearance in the courtroom. She was with her attorney, who said his client wanted to testify "over my advice." Judge Mazurek told Nichole that while she had been subpoenaed to testify by the prosecution, ADA Daugherty declined to call her. However, defense attorney David Kaloyanides did want Nichole to testify for the defense, and so she was still under subpoena. She had a smile on her face the entire time she stood before the court.

I'm going to describe how she looked, because this was actually an important factor in the morning's events. Nichole's long blonde hair hung loose down her back. She had her husband's dog tags around her neck on a chain. She was wearing a black skirt suit with off-white piping, and matching off-white pumps.

Cut to a few minutes later, after Nichole had left the courtroom. The sound of a woman's voice, raised and angry, could be heard coming from outside the courtroom. I turned around to see Nichole Lee in the vestibule that separates the courtroom and the hallway where the jurors wait to be called in. The bailiff approached the judge and told him he caught Nichole Lee talking to one of the jurors.

Both Daugherty and Kaloyanides were visibly dismayed at hearing this. Both attorneys asked the judge if he would call in the juror Nichole was seen chatting with, and ask what the two women were discussing.

The juror was called in and Judge Mazurek asked her about the topic of the conversation she had with the blond woman outside. Nichole's name was not used. The juror said she had complemented Nichole on her shoes, and Nichole was talking about where she got them. That was it, according to the juror.

Just a side note: all of the jurors wear yellow buttons on their shirts that indicate they are jurors, so it's hard to imagine Nichole didn't know she was speaking to a member of the panel deciding her husband's fate. As Kaloyanides said in open court of Nichole,

"This witness is unpredictable, and I'm not sure (the interaction) was benign."

I'll try to get the second part of this post up within a few hours...