BY DANNY
O'ROURKE
STAFF WRITERLOS ANGELES --
On Wednesday in the Painseeker Murder Trial, the attorney
for accused murder suspect Laura Douglass, Les Levin,
quietly stewed about not having the opportunity to cross
examine the prosecution's forensics expert before the end
of the day. On Thursday, Levin brought that anger
with him in one of the most memorable courtroom
performances in recent memory.
Levin wasted little time in his cross
examination of LAPD forensics expert Lisa Finnegan, who on
Wednesday testified that she believed the murder of
Raychel Wagner was committed by Laura Douglass and Sharon
Wolfe acting in tandem, with Wolfe providing a physical
assault in the living room before sending Wagner to the
kitchen where Douglass provided the fatal blows with a
broken tequila bottle.
Levin immediately began requesting
Finnegan report on the findings of a long series of
forensic tests. With each test, Finnegan reported
that she was not asked to perform that test. When
Levin asked what tests actually were performed, she seemed
embarrassed to answer the series of fingerprints, the
autopsy, and a DNA test on the bedroom sheets.
When asked what those DNA tests were
intended to prove, Finnegan answered that there was
originally a suspicion that a sexual assault may have
taken place. Levin asked the nature of that
suspicion. Finnegan claimed not to know, but Levin
demanded to know if she was aware of Wagner's police
record. When she answered that she was not familiar
with it, Levin informed her that Wagner had previous
arrests for prostitution. She denied his accusation
that the police intentionally ignored the case because
they felt it was either a domestic violence case or a dead
hooker case, neither of which was "worthy" of their
attention. When Assistant District Attorney Thomas
Andrews objected to Judge Michael Rodriguez that Levin was
badgering the witness, Rodriguez sustained the motion and
warned Levin that he was getting off on the wrong foot.
Levin changed tactics and asked
Finnegan about the fingerprint tests which were performed.
He acknowledged her testimony from the previous day when
she indicated that several items in the living room had
fingerprints from either Sharon Wolfe, Raychel Wagner, or
both. He asked Finnegan if she had found any
fingerprints from Laura Douglass on any items. She
stated that none were found, but she attributed that to
the fact that Douglass remained in the kitchen with the
bottle in her hand. Levin then asked if they had
ever recovered the alleged murder weapon. Finnegan
admitted that it had not been recovered, and due to the
time between the murder and the charges, it was unlikely
that Douglass would have kept such incriminating evidence
in her possession.
Levin charged that it was extremely
convenient for the prosecution not to have a murder
weapon, since it allowed them the opportunity to charge
anyone, saying that they just got rid of the murder
weapon. Finnegan disagreed, saying that she felt it
was extremely inconvenient. That was enough to light
up Levin. He blasted Finnegan for testifying in the
case with the authority afforded the LAPD that his client
was in the room and committed the murder despite the fact
that she had no factual evidence to back it up.
While Andrews objected, Levin continued his assault,
loudly asking Finnegan if she was aware of a police effort
to close the case "using any means necessary." While
Judge Rodriguez attempted to sustain Andrews' objection,
Levin continued uninterrupted; charging that the police
were embarrassed by the Painseeker web site and the
growing media coverage, and needed to pin the murder on
anyone they deemed convenient. He claimed that the
police were as guilty as the person who actually murdered
Raychel Wagner, since they were helping to cover it up by
shirking their responsibilities to the public.
At that point, Judge Rodriguez, failing
to establish order in the court, demanded a recess and
ordered Levin and Andrews to chambers. Lisa Finnegan
was not asked to return to the stand, as apparently each
side had completed their questioning.
Following the recess, the prosecution
called Raychel Wagner's lover, Kyle McAllister to the
stand, who testified that he was the person who found
Raychel's body in the apartment, and subsequently called
police.
Andrews concentrated McAllister's
testimony on his observations about Laura Douglass and her
attempts to control Wagner. McAllister testified
that he met Douglass in November of 1998 and Wagner
shortly after that. He stated that he became aware
that, although Raychel Wagner (who was then known as
Raychel Vanderhoff) was living with Lance Wagner (a writer
and creator of the Painseeker web site), Laura Douglass
paid for Raychel Wagner's existence. He stated that
he had seen Laura Douglass and Raychel Wagner use drugs
together at Safehaven. He knew that Raychel had no
money for the habit that he had witnessed, but that
Douglass did.
McAllister also testified that between
March and June of 1999 he helped Raychel Wagner beat her
addiction to heroin by taking her back to his home in
North Dakota and putting her through an MMT plan.
During this time, Wagner and McAllister began a
collaborative process that turned her poetry into music.
When they returned to Los Angeles in June of 1999,
McAllister stated that Raychel Wagner was clean of her
addiction and was a willing partner in their musical
endeavor.
When they revealed themselves to Laura
Douglass in their new situation, McAllister claimed that
Douglass used alternative means to infiltrate herself into
Wagner's life, mainly people. McAllister credited
Douglas with making contacts for them in the music
business, but said that she did it only to maintain favor
with Wagner. He added that he believed that Douglass
was attempting to remove him from Raychel's life by
putting her in contact with powerful people, a charge
which he claims was proved correct by Douglass' own
writings on the Painseeker site.
Andrews asked McAllister about his
interaction with Sharon Wolfe. McAllister stated
that he did not know for certain who hired her, but he
admitted that he did not believe that she was hired to be
a bodyguard so much as a spy. McAllister admitted
that he had a sometimes violent relationship with Wagner,
and that Wolfe often did not step in to assist her.
When given the chance to cross examine
McAllister, Levin did not attempt to hide his disgust of
McAllister. He began by questioning McAllister's
characterization of Douglass' assistance. Levin
slowly drove over the points where Douglass provided
contacts within the music business, and made McAllister
admit that it was possible that what Douglass was doing
was providing assistance to their careers, and therefore,
she was helping them.
Levin proceeded to ask McAllister if he
would consider his relationship with Wagner as physical.
When McAllister agreed, Levin asked if he would
characterize the relationship as violent. When
McAllister said perhaps, Levin stated that he would
characterize it as abusive, and asked McAllister if he
would agree. When he did not, he asked McAllister to
recount an encounter on June 6th of 2000 -- just over two
months prior to Wagner's murder -- when he abused Wagner
to the point that she needed medical attention. When
he reminded McAllister that it was Douglass who provided
for that medical attention, Andrews quickly objected and
struck Levin's remark as testimony.
Again, Levin proceeded in an accusatory
tone, asking McAllister if he could provide his
whereabouts at the time of the murder. When
McAllister stated that he was out driving following an
argument, Levin asked for verification. When
McAllister admitted that he could give none, Levin
outright accused him of the murder of Raychel Wagner.
Shouting over the objections of Andrews and the orders of
Judge Rodriguez, Levin continued on his tirade until he
was stopped by a bailiff and taken into custody for
contempt of court. Following the removal of Levin,
Judge Rodriguez asked Laura Douglass to personally remind
her attorney of the code of professional conduct before
the trial continued the following day.
On the steps of the courthouse,
Assistant District Attorney Thomas Andrews said what many
people in the courtroom were thinking, "Today I came to
argue a first-degree murder case against the brilliant Les
Levin, and what I got was a case against Perry Mason."
Levin was released from jail following
a brief hearing in chambers. He would not comment as
to the nature of the discussion with Judge Rodriguez.
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