BY DANNY
O'ROURKE
STAFF WRITERLOS ANGELES --
On Monday in Los Angeles Superior Court, Painseeker Murder
Trial defense attorney Les Levin challenged the conclusions
of the police which led to the
first-degree murder charges against Laura Douglass and
Sharon Wolfe.
Douglass and Wolfe are accused of
murdering rising music star Raychel Wagner over her affair
with Ken Kincaid, Douglass' lover as well as the CEO of
the music label Wagner was signed to.
The first week of the trial concluded
without giving the defense the opportunity to
cross-examine the first witness for the prosecution,
Detective Kevin Wakefield. While Levin was accused
of stalling the trial in order to prevent the prosecution
from presenting the opening of their case, his efforts
backfired and his request to extend the Friday session to
allow him to cross-examine Wakefield was denied by Judge
Michael Rodriguez.
In an effort to overcome the setback, Levin
carefully drove Detective Wakefield back through his
testimony on Friday. Levin seemed to fight his own
impulse to challenge Wakefield's testimony. Upon the
conclusion of his recap, Levin asked Wakefield if he still
felt that his investigation was "professional and
thorough" as he claimed on Friday. When he answered
yes, Levin finally began to attack Wakefield for limiting
his conclusions to only one possible outcome.
Among Levin's numerous arguments was
that Wakefield had not considered the possibility that the
damage in the living room was a result of a confrontation
between Wagner and Kyle McAllister, who shared the
apartment with her. Wakefield said that it was
unlikely due to evidence that was beyond his expertise;
however, Levin did get Wakefield to acknowledge that
neighbors indicated that they were aware of two separate
outbursts that night.
Levin also challenged what is believed
to be the fundamental reason for the charges against
Douglass: that she lied to police about being at the
apartment complex during the exact time of the murder.
While Levin allowed that lying to the police was
counterproductive to the investigation, he claimed that it
did not in itself provide grounds for murder charges.
To further his cause, Levin attacked
Wakefield on the inability of the police to recover the
alleged murder weapon: a broken bottle of tequila.
Levin argued that the lack of a murder weapon with
fingerprints was "convenient for the police" as it allowed
them to charge anyone for the crime. Levin also
furthered that, if the prevailing police theory that
Douglass remained in the kitchen with the broken bottle
was to be believed, that recovering the bottle was the
only way to confirm or deny Douglass presence in the
apartment.
Levin also attacked Wakefield for
conveniently overlooking the significance of Wagner being
alone in the apartment when the alleged murderers arrived.
Levin reminded Wakefield that Sharon Wolfe was under the
impression that Wagner was to have been in the company of
Kyle McAllister at the time of their alleged attack.
In perhaps the most important segment of the day,
Wakefield suggested that it was possible that McAllister
also could have been a target of the attack.
Levin immediately asked Wakefield if
that possibility had ever crossed his mind, and if that
possibility significantly altered his "expert" theory. Before Wakefield could respond, Levin
asked him what aspects of his theory about the murder,
beyond his client's lie,
could be proven. Wakefield evaded the question by
saying that his expertise in this trial was the theory
itself and the investigation process. When Levin
laughed at the response, a few of the jurors had joined in
with him. Sensing he had won back his esteem with at
least a few of the jurors, Levin ended his cross
examination.
The prosecution did not seek to
re-direct Wakefield, a sign which either meant they did
not feel he had made inroads with the jury or that he had
already communicated what they had needed. When
asked to comment on Levin's performance, Assistant
District Attorney Thomas Andrews remarked, "It's always a
shotgun defense from him. We expected that. It
gives him the opportunity to tear down ideas and testimony
without suggesting anything of his own."
A beaming Levin chastised the
prosecution, "It was a mistake for them to begin by
pitching a theory without proof. Of course, the
problem for them is they don't have proof because Laura is
innocent. I couldn't be more pleased by them at this
point, and I'm looking forward to having the charges
dismissed as soon as possible."
Unless Levin gets his way, the
prosecution is expected to call their next witness on
Tuesday.
|