Day Ten - Prosecution's Closing Argument

The day began with Judge J. David Mazurek giving the jury deliberation instructions. When he was finished, it was time for ADA Sean Daugherty to begin his closing arguments.

Jon and Erin Corwin

As he did with his opening statement, Daugherty used a Power Point presentation to illustrate his closing arguments to the jury. He began with a photo of Erin Corwin, to remind everyone who this trial is really about. He said of Erin that she was a young lady from Tennessee who loved horses. And that the case is about, "...the brutality that was inflicted upon her."

Daugherty said the perpetrator of that brutality was Christopher Brandon Lee, and he killed her because he wanted to remove her from his life:

"She was a secret who didn't want to be a secret anymore."

Daugherty then put Lee's mugshot up on the screen, showing him as the overweight, slovenly, bearded, wife-beater wearing ex-Marine he was when he was arrested for murdering Erin. Quite the contrast from the slim, clean-cut, well-dressed young man seated at the defendant's table.

Daugherty laid out the chronology of what he believes happened:

• On June 22, 2014, Erin Corwin discovered she was pregnant after a trip to the ER.
• That same day, Christopher Lee visited the mine where he would eventually abandon Erin's body, and took a photograph of that mine. (Daugherty would later surmise in his rebuttal that Erin had already told Lee she suspected she was pregnant with his baby.)
• That following week, Christopher Lee began Googling "how to dispose of a dead body" and even went as far as asking fellow Marine Andrew Johnson about the possibility of getting rid of a dead body at the Amboy salt pools.
• Johnson testified he saw Lee make a list of materials like a shovel and the chemical "Lye" that same day. 
• Lee began planning a hunting trip and invited friends he knew in advance wouldn't be able to come with him. "This was a ruse," Daugherty told the jury.
• He told Erin he was taking her on a surprise getaway to celebrate her pregnancy.
• He took Erin on this trip June 28, 2014, with everything he would need to commit a murder (the garrote) and dispose of a body (the propane tank, the water jugs filled with gasoline, tires).

Daugherty told the jury the defendant's testimony was all about attempting to reduce the charge against him from first degree murder to second degree murder. He called Lee a conman:

"It (his testimony) was scripted, it was rehearsed, it was meant to con you."

Daugherty again ripped to shreds Lee's ludicrous claim that Erin confessed to molesting his daughter. When Nichole Lee supposedly suspected her daughter had been molested, NEITHER parent:

• Called the police
• Visited a pediatrician
• Discussed concerns of abuse with Lee's military superiors.

Daugherty called Lee's molestation accusation "asinine garbage." And Erin's so-called "confession" to Lee?

"This NEVER happened."

He then asked the jury the rhetorical question:

"If a man who crafts lies to suit his own needs and to everyone important in his life, what do you think he's going to do to you?"

I'll post the defense's closing statement and the prosecution's rebuttal later this evening...

Day Ten - Closing Arguments Expected Wednesday, After Both Sides Rest Their Cases

Christopher Brandon Lee was back on the stand this morning, as prosecutor Sean Daugherty hadn't completed his cross-examination of the defendant when court broke for recess on Thursday.

Erin Corwin/Facebook

Once again, Daugherty picked apart all of the inconsistencies in Lee's versions of events. If Lee wanted to go hunting with Conor Malakie on the last day of Erin's life, then why didn't he take ANY steps to meet up with him? If Lee didn't want to get caught up in a "long, drawn-out" conversation with Erin about their future together, then why did he do everything in his power to get her to go with him, even suggesting he had a special surprise for her?

Daugherty also questioned why Lee would play Russian Roulette every day for a month, as the defendant claimed, if he was so worried about leaving his daughter Liberty without a father?

Another tidbit that Daugherty shared with the jury - apparently Lee wanted to wear his Marine Corps uniform for his trial. This is the uniform from the same Marine Corps he was so disappointed in that it prompted him to play Russian Roulette and seduce his 19-year-old neighbor? Please.

Again, Daugherty questioned Lee about all the coincidences he claims happened in the weeks, days, and moments leading up to Erin's murder; It was a coincidence Lee just happened to have a homemade garrote ("a weapon of stealth, a weapon of surprise" as Daugherty called it) on hand - and in his hand - when he was filled such with murderous rage against Erin that he strangled her.

Here are a few quotes from Chris Lee's testimony, many of which contradict each other, describing his mindset before, during, and after he strangled to death Erin Corwin:

"I made the decision to kill her, I did."

"To me it was an instant and an eternity in the same moment."

"Physically I could have stopped."

"I didn't lose my mind, Mr. Daugherty, I just wasn't able to stop."

"It was something I had to do."

"I was controlled by the anger, the hate I felt that day."

"The hate commanded me."

"Anger and hate and that's what moved me forward."

Daugherty got Lee to admit that after strangling her to death, Lee dragged Erin over to the mine shaft using the handles of the garrote that was still around her neck. "She went in head first," said Lee, without a hint of authentic emotion.

Daugherty wrapped up his cross with some stellar points:

• Why would Erin chose to confess to molesting Lee's daughter in the middle of nowhere, where she had no car, no cell service, no way to call for help, NO MEANS OF ESCAPE? 
• Where were Erin's shoes, cell phone, and car keys? If events occurred as Lee claimed they did, they should all have been on her person when she was discovered in the mine. They weren't.

On re-re-direct, David Kaloyanides asked about the demonstration of the murder Lee participated in last Thursday at Daugherty's request. Lee attempted to eliminate any premeditation from his action, saying that when he actually murdered Erin, time for him was "fluid" and there was no distinction between the moment he realized he had the homemade garrote in his hand and the five minutes it took to strangle the life out of 19-year-old Erin Corwin.

On re-re-cross (if that's what it's called) Daugherty got Lee to admit the previous false stories he told to law enforcement were shaped based on what evidence he believed the police already had. Now that Lee knows all of the evidence against him (DNA, shell casings, cell phone locations, etc.) he is shaping his testimony before the jury to match this testimony.

But in both cases, Lee blamed his actions on Erin.

Yet as Daugherty reminded the jury in one of his final exchanges with Lee, Erin couldn't have defended herself.

"She had no idea what was coming."

Lee was the only witness for the defense. Detective Woods was called as the sole rebuttal witness for the prosecution, just to re-establish Erin was not wearing shoes, and had no car keys with her, when she was discovered in the mine shaft.

Both sides have rested. The judge spent Tuesday afternoon with Daugherty and Kaloyanides going over jury instructions and what exhibits will be allowed during deliberation.

Court is back in session Wednesday at 10 a.m.

All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree.  All other kinds of murders are of the second degree.
- See more at: http://codes.findlaw.com/ca/penal-code/pen-sect-189.html#sthash.H4endON2.dpu

Day Nine - Christopher Brandon Lee Confesses To Murdering Erin Corwin

Erin Corwin/Facebook

Sorry it took me so long to write and post this. I'm battling a Migraine that came on during Christopher Lee's chilling and horrifying testimony. Yes, the defendant's words literally made me ill. And I'm sure I'm not the only one.

It's not exactly common for the defendant to testify on his own behalf in a murder trial. So I was shocked when defense attorney David Kaloyanides called Christopher Brandon Lee as his first witness. A fellow courtroom reporter mused it must be to make Lee seem more human for the jury, and I agreed. Boy, were we wrong.

Kaloyanides started with questions of Lee that allowed him to wax poetic on his idyllic childhood in Alaska. Lee said was fond of thing most kids like to do, like play with throwing stars and swords (???). Anyway, soon the questioning moved on to his relationship with Erin. Some key points:

• Lee admitted he and Erin had a sexual relationship.
• Lee admitted Erin told him she was pregnant, and that she was upset because she didn't know if Lee or husband Jon Corwin was the father.
• Lee said he was in love with Erin Corwin, and admitted it was he who wrote the love note that prosecutor Sean Daugherty showed the jury the day before. Lee said he gave it to Erin after Nichole had discovered the affair by looking at the texts he wrote to Erin. 

Then Kaloyanides asked Lee about the day Erin disappeared: June 28, 2014:

• Lee admitted he picked up Erin at the spot where her car was found off base in Twentynine Palms
• Lee claimed he was planning to build a tire fire in a remote mine, but didn't tell Erin this little nugget. Instead Lee testified he told Erin he was taking her out "for a surprise" while on a hunting trip.
• Lee testified he threw down the mine shaft the propane tank, the tires, the water jugs filled with gasoline, and the torch made of his t-shirt and a stick, all to start a mine fire. While doing this, Erin was supposedly just sitting in his Jeep, listening to music.
• Lee said was so upset he could not start the mine tire fire that he decided to play Russian Roulette in his jeep. This upset Erin, said Lee, so she walked away into an adjacent mine shaft.
• Lee testified was unable to kill himself with the gun, so he called Erin to come back out of the mine shaft. 

This is where things get dicey. Writing down the excuse Lee gave for murdering Erin - putting down it in black and white - somehow feels like I am giving it legitimacy. I AM NOT. It is such a ludicrous assertion that I believe it will turn any juror against Lee who wasn't already convinced he is a soulless, cruel, lying, cold-blooded murderer.

Lee testified that out in the desert, after his unsuccessful game of Russian Roulette, Erin admitted to him that she had molested his daughter, Liberty. (Lee testified earlier that Nichole saw "suspicious" irritation on Liberty's genitals, and automatically assumed she was molested, and by Erin Corwin, although neither parent called law enforcement or a pediatrician - in fact, both parents continued to let Erin babysit Liberty.)

Lee testified that a "red hot knife went through his heart" upon hearing Erin's "confession" and he lost it. As luck would have it, he just happened to have a garrote in his hand when Erin "confessed" and he got so angry he strangled Erin to death, then dumped her body down the mine shaft.

Lee was calm during his testimony. He looked scared. He appeared to try and express some true emotion, even making crying sounds at one point. But there were no tears, and no tissues were used. His vocal affect was flat, and much of what he said sounded rehearsed to me. We heard him used that same flat, vocal affect during the videotaped interrogation with Det. Hanke, when everything he said was a lie. But now, because he's under oath, he is somehow supposed to be believable?

After this revolting testimony, the court took a lunch break. I'll write about what happened after the lunch break in the next post...

Day Seven - Video Of Christopher Lee Interrogation

San Bernardino Sheriff's Department Sgt. Daniel Hanke was called back to the stand, so the prosecution could continue to play Hanke's videotaped interrogation of Christopher Lee, which took place in the early morning hours of July 1, 2014.

Erin Corwin/Facebook

The first 90 minutes of the interview aired in the courtroom Wednesday of last week. For a review of what was said, you can click here.

ADA Sean Daugherty pushed play, and Chris Lee described to Hanke how his wife Nichole found out about his texting relationship with Erin. Chris said Nichole was suspicious enough to remove the SIM card from his phone, put it in her laptop, and read what her husband was texting to Erin. Chris said Nichole was furious with him, because Chris and Erin both told each other "I love you" via text.

Hanke pressed Chris on his true feelings for Erin. Chris replied:

"I thought I was in love with her, but it was a make-believe life I was in love with."

Hanke asked Chris about the physical contact between Erin and him. Chris said it consisted solely of four kisses. Chris also admitted he considered leaving Nichole for Erin, but he decided against it because of his young daughter, Liberty:

"If I didn't have Liberty, I might have."

Chris also said when he and Erin were at their closest, they never fought.

"We thought we were perfect together."

Hanke then steered the conversation to Chris's movements the weekend Erin disappeared. Chris seemed okay with this, because he described the months he was involved with Erin as...

"Part of my life I wanted to move past."

Chris went through a rough timeline of Friday, June 27, 2014 (the day before Erin went missing) until the following Sunday. Chris said he and Nichole and Liberty went out to White Rock Horse ranch. On the drive home, they stopped at Stater Bros. market so Nichole could buy bread, and Chris could talk to his friend Skyler (not sure about the spelling) in the parking lot about going coyote hunting the next day. Skyler could not because of a shoulder injury.

Chris said he woke up at six on Saturday morning, talked to Conor Malakie about going coyote hunting, then went on the trip by himself. Chris claimed he got lost on the trip, and that at one point, a stranger shot a handgun at him. He also told Hanke he visited a mine (which to me, sounded like the mine shaft next to the one where Erin's body was found) and used his rifle to shoot at rocks to make sure his rifle was "on." He said he picked up all the casings.

When he got home that afternoon, according to Chris, Nichole was in a panic because she hadn't been able to reach him by cell phone all day. Chris said Nichole was crying and even had an asthma attack because of her frantic state.

I'm going to cut to the chase a bit, because detective Hanke and then his sergeant started to corner Chris with evidence they said they had that proved Chris was with Erin on the day she went missing. Keep in mind, law enforcement officials can lie to suspects they are interrogating, and it's perfectly legal. So, Chris was told that his tire tracks matched those that were next to Erin's car (this proved later to be false). But Chris then changed his story, and said he did see Erin's car that morning, drove up to it to check out the tires, and then drove away. He claims he never saw Erin.

Chris was also told that his DNA could be compared to the DNA on file of Erin's embryo. Now, there was no DNA from an embryo. But what struck me is that Chris Lee never said, "Erin was pregnant?" He just listened silently, as if he already knew that she was.

However, despite the detectives pleas to Chris to confess his knowledge of what happened to Erin, he sat stoically, silently, except for the occasional statement:

"I didn't meet her on Saturday."

Time for bed. Court continues tomorrow (Tuesday) at 10 a.m. with the remainder of the Chris Lee videotaped interrogation. Goodnight, all.

Day Two - The Prosecution's Case Continues

Day two of the prosecution's case consisted of just three witnesses, but there was no shortage of bombshell testimony. I will try and cut to the chase in terms of the highlights of each witnesses testimony.

The first witness of the day was Douglas Billings. I would say this man knows caves and mines in the the vast desert near Joshua Tree National Park and Twentynine Palms like a mother knows the freckles on her child's face - and with that much affection. He's been exploring the area since he was a kid, and he's now 53.

Erin Corwin/Facebook

Billings was able to use photographs taken on June 22, 2014 by a civilian friend of the defendant to zero in on the mine where searchers ultimately found Erin Corwin's body.

The next witness was Aisling Malakie. Aisling lived with her husband, Conor, and young son in the apartment directly downstairs from Erin and Jon Corwin in 2013-14. Aisling and Erin were close friends at one point - close enough that Aisling took Erin to the hospital when she suffered a miscarriage.

Aisling also discovered the relationship between Erin and the defendant, and ended up telling the defendant's wife Nichole, and Jon Corwin.

Two points Aisling made that gave me chills:

• She said Christopher Lee talked about murder more times than she could count. She found it odd because, "No one else I knew talked about snapping necks and hiding bodies with coyotes."

• After Erin went missing, Aisling called the Lee residence to let Nichole know that investigators were looking for Chris. According to Aisling, Nichole replied (referring to Erin), "I don't care what happened to that little bitch."

The final witness of the day was Aisling's husband, Conor Malakie. Conor said he considered Christopher Lee to be a close friend. On the day Erin disappeared, Chris made a vague invitation to Conor to go coyote hunting. An hour after Chris Lee left to "go hunting" Conor attempted to get in touch with him. Chris texted Conor to meet him outside Joshua Tree National Park. Conor spent as many as three hours trying to find Chris, but to no avail. All calls and texts to Chris went unanswered. Later that afternoon, when Chris returned home, Conor noticed the propane tank that was in the back of Chris's Jeep earlier that morning was no longer there.

The big moment for me was when Conor explained what happened the morning after Erin disappeared. Conor saw Chris at the apartment complex and asked him if her knew where Erin was. Chris said he didn't. Then Conor asked his very good friend, "Did you do what I think you did?"

Let that sink in. If a young man who had great affection for the defendant immediately suspected he had murdered Erin, I can't help but think the jurors will draw the same conclusion, considering the mountain of evidence the prosecution is in the process of presenting.