Thursday, March 20, 2014

The Verdict

At about 11:15 AM, I received a call on my cell phone letting us know that the jury had reached a verdict and that court would convene and the verdict would be read at 1:30 PM. My family and I went out to lunch, although I don't think that any of us had much of an appetite. To be honest, we were freaking out.

At 1:30 PM we were sitting in the audience as the judge, the two attorneys, and Patricia waited to hear the verdict.

As the jury filed in, not a single juror looked at Patricia. Judge Dixon said that she understood that the jury had reached a verdict and she asked the foreperson to give the verdict to the bailiff. The bailiff walked over to the jury box and picked up a brown envelope from Juror #7. He gave the envelope to the judge who opened it and carefully read all five pages of the verdict form without saying anything. She then passed the verdict to the court clerk who stood and read the verdict form to the court:
  • First degree murder - guilty
  • Using a firearm in the commission of a crime - true
  • Discharging a firearm with the intent to cause great bodily harm - true
  • Assault with a firearm - true
  • Causing corporal injury to a spouse - true
As the verdict was read, Patricia bowed her head forward so that her long hair covered her face. For the rest of the time she was in court, she remained in that position and we were unable to see her expression.

The judge asked Mr. Allison if he would like to poll the jury and he said that he would defer to Mr. Duncan. Mr. Duncan conferred with Patricia and then said that he wished to poll the jury. Each juror stood up in turn for each of the charges. The court clerk asked, “Juror #—, as to count #—is guilty your true and final verdict?" Each of those times a juror said “yes it is” must have been like a dagger for Patricia.

The judge thanked the jury for their service in a long and intense trial. She said that she appreciated how attentive they were throughout the trial. She also told them that they were now free to discuss the trial, but that they could not be paid for anything they were to say about the trial for at least 90 days. Finally, she told them that the investigators and the lawyers would like to know their opinions about the trial and that if they would like to stay, they could meet together in the jury deliberation room.

The judge said that she is referring the case to the Siskiyou County Probation Department who will write a report about Patricia’s time in the Siskiyou County Jail and make a recommendation for sentencing. Once that report is complete, the judge will sentence Patricia. The judge recommended that Patricia continue to work with her attorney, Mr. Duncan, in preparation for sentencing.

Finally, after some discussion with the attorneys, she set the date for sentencing: February 20, 2014, which has been subsequently postponed.

We saw the deputy from the jail put the handcuffs on Patricia with a loud snap and she was led away to go back to the county jail. From what we understand she will stay there until the sentencing, at which time Patricia will be turned over to the California Department of Corrections and Rehabilitation who will determine which state prison she goes to. Mr. Allison told us that her sentence for first degree murder with all of the special circumstances is 50 years to life and that Patricia must serve 85% of her minimum sentence before she can apply for parole, which would be in 42.5 years. Later, the detectives involved said she would have to serve the full 50 years before she could be considered for parole. Whichever number is correct, she will be eligible for parole in 2056 or 2064, when:
  • She is 70 to 77 years old
  • Eric is 52 to 59 years old
  • Cora is 47 to 54 years old
  • I am 112 to 119 years old 
The courtroom was full with family, friends, reporters, law enforcement, and people from the District Attorney’s Office. At lunch, prior to the verdict, we all decided to keep our reaction muted because of Patricia’s family. The real losers were her family and we didn’t see the need to rub things in. After Patricia had been taken away, we spoke to all those who had worked so hard on the case. They were elated and relieved. I also went over and spoke with Patricia’s mother and her husband and with Patricia’s father. They were stunned by the verdict. I told them how sorry I was for them.

We met with Mr. Allison afterwards. He didn’t say much, but you could tell he was very pleased with the result. I asked him if he would let us take him out to dinner, but he said that in his position, he couldn’t accept. So on behalf of all of us, I have him a big hug and, since he had mentioned that he had been in Turkey at one point in his life, I kissed him on both cheeks, just as they do there.

We gave a huge jar of “Chocolates of the World” to the Victim Witness Office at the courthouse. They have treated us so very well during our long stay here in Yreka. We hope that it repays them in some small way for their kindness and hospitality.

Detective Jeff Moser came to our motel room later in the afternoon and we made plans to meet for dinner. We gathered at the Yreka Roadhouse about 7:00 PM with all the investigators from Siskiyou County who worked so hard on the case: Detective Jeff Moser and his wife Dorina, Sgt. Jim Randall (his fiancee, Kendra, came later but could only stay a little while), Detective Jacque Morlet, and Investigator Marc Perrin, from the DA’s Office. They were as invested as we were in the verdict and just as nervous as the jury filed into the courtroom. After dinner, Jeff and Jim came back with us to the motel room, had a few more beers, and told a few more stories. We finally went to bed about 12:30 in the morning.

Jim Randall told us that he was sitting in the back of the courtroom with the lieutenant who is charge of the Siskiyou County Jail. He told Jim that he had talked to Patricia before she left the jail for sentencing and had asked her if she was ready. He said that Patricia said yes, she was going home today. It boggles the mind how she could be so certain and so wrong. Moreover, I think that her family had unrealistic expectations as to how the trial would end, probably based on what Patricia was telling them during their visitations.

Both Mr. Allison and the detectives are in agreement with our family that Amber Lubbers got off far too lightly for her part in Chris’ murder. She was in a position to save Chris’ life and chose not to. She did everything but actually pull the trigger.

You will notice that I have used the name Patricia throughout this blog. Sgt. Randall told us that when Patricia was arrested, he called her Patricia and she told him, my name is Tricia, not Patricia, in the most arrogant tone of voice imaginable. So, Patricia it is from now on.

John and I first met Jim Randall and Jeff Moser last year when we were in Medford shortly after Chris’ death. They were very intense and from that meeting John and I knew that the investigation was in good hands. Jeff likes to make sausage and has invited us up to Yreka next time he and his buddies get together to make a new batch. I couldn't make it, but John went. We feel like we have made friends up here through the sharing of this tough experience.

Moreover, my family was with me every step of the way. Every day we went to lunch together and discussed what had happened in court that morning. Every evening we had dinner and drinks and talked more. Although this was an experience that I wouldn't wish on my worst enemy, it was an incredible thing to go through and it strengthened tremendously what were already strong family bonds. I love you all more than I can say.

Words cannot really describe how much I appreciated having everyone’s thoughts and prayers during this time. Knowing that you are out there with us really helped us get through. From the bottom of my heart, thank you.

End of trial
Last update: 5/24/14 - Return to the Patricia MacCallum trial home page

No comments:

Post a Comment