The Brass Verdict

said.

Thirty-eight
    After lunch Golantz began to present his case. He went with what I called the “square one” presentation. He started at the very beginning – the 911 call that brought the double murder to public light – and proceeded in linear fashion from there. The first witness was an emergency operator with the county’s communications center. She was used to introduce the tape recordings of Walter Elliot’s calls for help. I had sought in a pretrial motion to thwart the playing of the two tapes, arguing that printed transcripts would be clearer and more useful to the jurors but the judge had ruled in the prosecution’s favor. He ordered Golantz to provide transcripts so jurors could read along with the audio when the tapes were played in court.
    I had tried to halt the playing of the tapes because I knew they were prejudicial to my client. Elliot had calmly spoken to the dispatcher in the first call, reporting that his wife and another person had been murdered. In that calm demeanor was room for an interpretation of calculated coldness that I didn’t want the jury to make. The second tape was worse from a defense standpoint. Elliot sounded annoyed and also indicated he knew and disliked the man who had been killed with his wife.

    Tape 1 – 13:05 – 05/02/07
    Dispatcher: Nine-one-one. Do you have an emergency?
    Walter Elliot: I… well, they look dead. I don’t think anybody can help them.
    Dispatcher: Excuse me, sir. Who am I talking to?
    Walter Elliot: This is Walter Elliot. This is my house.
    Dispatcher: Yes, sir. And you say somebody is dead?
    Walter Elliot: I found my wife. She’s shot. And there’s a man here. He’s shot, too.
    Dispatcher: Hold on a moment, sir. Let me type this in and get help going to you.
    – break -
    Dispatcher: Okay, Mr. Elliot, I have paramedics and deputies on their way.
    Walter Elliot: It’s too late for them. The paramedics, I mean.
    Dispatcher: I have to send them, sir. You said they are shot? Are you in danger?
    Walter Elliot: I don’t know. I just got here. I didn’t do this thing. Are you recording this?
    Dispatcher: Yes, sir. Everything is recorded. Are you in the house right now?
    Walter Elliot: I’m in the bedroom. I didn’t do it.
    Dispatcher: Is there anybody else in the house besides you and the two people who are shot?
    Walter Elliot: I don’t think so.
    Dispatcher: Okay, I want you to step outside so the deputies will see you when they pull up. Stand out where they can see you.
    Walter Elliot: Okay, I’m going out.
    – end -

    The second tape involved a different dispatcher but I allowed Golantz to play it. I had lost the big argument about whether the tapes could be played at all. I saw no sense in wasting the court’s time by making the prosecutor bring in the second dispatcher to establish and introduce the second tape.
    This one was made from Elliot’s cell phone. He was outside, and the slight sound of the ocean’s waves could be heard in the background.

    Tape 2 – 13:24 – 05/02/07
    Dispatcher: Nine-one-one, what is your emergency?
    Walter Elliot: Yeah, I called before. Where is everybody?
    Dispatcher: You called nine-one-one?
    Walter Elliot: Yeah, my wife’s shot. So’s the German. Where is everybody?
    Dispatcher: Is this the call in Malibu on Crescent Cove Road?
    Walter Elliot: Yeah, that’s me. I called at least fifteen minutes ago and nobody’s here.
    Dispatcher: Sir, my screen shows our alpha unit has an ETA of less than one minute. Hang up the phone and stand out front so they will see you when they arrive. Will you do that, sir?
    Walter Elliot: I’m already standing out here.
    Dispatcher: Then wait right there, sir.
    Walter Elliot: If you say so. Good-bye.
    – end -

    Elliot not only sounded annoyed in the second call by the delay but said the word “German” with almost a sneer in his voice. Whether or not guilt could be extrapolated from his verbal tones didn’t matter. The tapes helped set the prosecution’s theme of Walter Elliot’s being arrogant and believing he was above the law. It was a good start for Golantz.
    I passed on questioning the dispatcher because I knew there was nothing to be gained for the defense. Next up for the prosecution was sheriff’s deputy Brendan Murray, who was driving the alpha car that first responded to the 911 call. In a half hour of testimony, in minute detail Golantz led the deputy through his arrival and discovery of the bodies. He paid special attention to Murray’s