Sergeant Randall is a detective for the Siskiyou County Sheriff's Office. He is a marine and very much looks it. He said that he came to the campsite for the first time on November 20, 2012, at about 5:25 to 5:30 PM. He looked at the river and the waterfall and began looking for evidence. He said that he searched for about 30 yards upstream and 10 yards downstream. He said that it was dark and raining and that it rained the entire time he was there. Mr. Allison asked him how wide the river was and Sgt. Randall said that it was about 20 to 30 feet at its narrowest and 50 to 60 feet at its widest.
Mr. Allison asked him what he knew about Plan B and Sgt. Randall said that during her interview on December 7, 2012, Amber Lubbers discussed Plan B and he was subsequently made aware of it.
Sgt. Randall said that he interviewed Patricia in the evening on November 21, 2012, with Brian Scott at the Jackson County Sheriff's Office. He said that he had called Patricia early the same day and told her that a body had been found and told her that the case had become a homicide.
He said that at the interview, he officially told Patricia that Chris was dead. He said that Patricia seemed detached when he told her and at different times during the interview she was angry, upset, nonchalant, and even joked. When he told her Chris was dead, she didn't seem to be shocked or surprised.
Sgt. Randall said that during the interview Patricia told him that she left the following behind when she left the campsite the evening of November 16, 2012:
Sgt. Randall said that during the interview Patricia told him that she and Chris were working on their relationship, doing what they had to, to make it work. She told him that Chris worked two full-time jobs and that Chris was a nice man and that his money went to his kids. Patricia also told him that they had a non-traditional relationship; that they had an open relationship.
Sgt. Randall said that he asked Patricia if her relationship with Jeremiah Hills was non-traditional, as well. Mr. Allison asked Sgt. Randall what was Patricia's demeanor when she talked about Jeremiah and Sgt. Randall said that she became more animated, embarrassed at first, and then almost giddy. Sgt. Randall said that Patricia told him that she was a submissive in a BDSM relationship and that Jeremiah was her dominant master. Patricia said that Jeremiah was introduced to her by Harvey Bonilla, who knew that Patricia wanted to be in the BDSM lifestyle. She told him that Mr. Bonilla knew that Jeremiah was into BDSM and also knew that Patricia needed a protector to make sure she was safe. Patricia told Sgt. Randall that Jeremiah had her wear a collar and that Jeremiah would punish her, but that she wouldn't complain about the punishment. Chris, on the other hand, if he got mad she would have to talk it out of him.
Mr. Allison asked Sgt. Randall if Patricia told him that she would be beaten if she took the collar off and he said no, Patricia never said that. Mr. Allison asked Sgt. Randall if Patricia said that Jeremiah ever beat her and Sgt. Randall said no, she never said that either.
After reading the interview transcript to refresh his memory, Sgt. Randall said that Patricia told him she last saw Jeremiah in September 2012. Patricia told him that Jeremiah would not do anything to hurt Chris and that Jeremiah now had another sub. Sgt. Randall said that Patricia also told him that Jeremiah and her had a fun relationship, that she enjoyed it. She also told him that Chris did not like it when Jeremiah had Patricia wear a collar. Chris told her that it disrespected women.
Mr. Allison asked Sgt. Randall if Patricia ever said four people went to the campsite and Sgt. Randall said no, she didn't.
Sgt. Randall said that during his interview with her on November 21, 2012, Patricia gave him the following chronology of events on November 16, 2012:
Mr. Allison asked Sgt. Randall if they found a clock next to Patricia's bed when they searched her home and he said yes, they did. Sgt. Randall also said that the clock was working when they found it and had the correct time.
The large graphic of the campsite, with three pictures along the top and three more along the bottom, was still posted to the bulletin board behind the witness stand. Mr. Allison asked Sgt. Randall to point to the trail to the waterfall and the trail to the river below the pool, which he did. Mr. Allison asked him if he saw the tent when it was still on the hillside and he said yes, he did. Sgt. Randall said that if you walked from the top of the waterfall back to the fire pit, you could not see the tent, but if you took the path down to the river, you would have clearly seen the tent.
Sgt. Randall said that during the interview Patricia told him that when she left the campsite with Amber on November 16, 2012, Chris was inside the tent. Another time she said that he was outside the tent when she left and she gave him a hug. She tried to kiss him, but he wouldn't. Another time she said that Chris was inside the sleeping bag in the tent.
Mr. Allison asked Sgt. Randall if he had read Deputy Biddle's missing person report, which he took on November 19, 2012. Sgt. Randall said that he had read the report and he was aware that Patricia had told Deputy Biddle that she went out to the campsite at 10:00 AM on Saturday, November 17, 2012. Mr. Allison asked Sgt. Randall if he confronted Patricia with that discrepancy and he said that Patricia again told him that she didn't have a clock by her bed and didn't know the exact time. Mr. Allison asked Sgt. Randall if he let Patricia refresh her recollection and he said that he did, by showing Patricia Deputy Biddle's report. Sgt. Randall said that Patricia told him she didn't remember telling anyone any other time (other than 5:00 to 5:30).
Mr. Allison asked Sgt. Randall if, when he was at the campsite the evening of November 20 and the morning of November 21, 2012, if he saw the tent pole and the tent pegs in the fire pit and if he saw the tent pegs on the ground. Sgt. Randall said that these items were in plain sight and could be seen easily by anyone who came to the campsite. Sgt. Randall said that he gave Patricia several chances to tell him what she had seen. He said that he asked her several times if she had seen anything in the fire pit or at the campsite. He said that he told Patricia that he had seen items at both places, but Patricia still said that she saw nothing.
Sgt. Randall said that he asked Patricia if she checked any other campsites and she said that she did not. He said that Patricia had told him that she was concerned about Chris because he spent the night out by himself so Sgt. Randall told Patricia that it didn't make sense for her to check only one campsite. He said that Patricia told him maybe he hitchhiked or called someone.
Mr. Allison asked Sgt. Randall if he was present when the tent was recovered to be examined and he said yes, he was. He asked Sgt. Randall if he helped set up the tent last week (that would have been Tuesday, December 3, 2012, at the end of the 7th day of the trial) and Sgt. Randall said yes, he did. Mr. Allison asked Sgt. Randall if when the tent was set up last week he directed Bonnie Mortensen to take photographs and he said yes, he did. Mr. Allison showed Sgt. Randall exhibit #183, which consists of 35 photographs of the tent as it was set up for the jury last week.
Mr. Allison asked Sgt. Randall what happened to the tent when it was recovered and he said that it was taken to the Oregon State Police Department at Central Point, to the coroner's office. Mr. Allison asked Sgt. Randall if any blood had seeped to the outside of the tent and he said no, none had. Sgt. Randall said that they found the following inside the tent when they unrolled it:
Sgt. Randall went on to say that during his interview with Patricia she told him that she had left the gun and the extra magazine with Chris when she and Amber left the campground the evening of November 16, 2012. He said that Patricia told him that Chris had put the gun in his pocket and that he did not want the holster. Patricia also told him that she had fired one round when she got to the campsite. She also told him that each clip holds seven rounds when fully loaded.
Sgt. Randall said that Patricia told him during the interview that she took the sleeping bags home and washed them. Mr. Allison asked Sgt. Randall if he searched Patricia's home and he said yes, he and Detective Scott (from the Oregon State Police, who testified on day 3 of the trial) searched Patricia's home on November 21, 2012. Mr. Allison asked Sgt. Randall about the sleeping bags and he said that they found one sleeping bag had been washed and the other was in the washer. He said that there was other laundry laying piles, waiting to be washed. Mr. Allison asked Sgt. Randall if it appeared that the sleeping bags had priority over the other laundry and he said yes, that was the appearance.
Mr. Allison showed Sgt. Randall item #185, a photograph of Chris MacCallum. Sgt. Randall identified the photograph as the one that he showed to Chris' mother, Sarah MacCallum, and said that she confirmed that is was Chris. Mr. Allison asked Sgt. Randall if the person inside the tent was the same person and he said yes, it was.
Mr. Allison asked Sgt. Randall if he had reviewed Chris and Patricia's cell phone records and he said that he had. Sgt. Randall said that there was a text message from Patricia to Chris on October 3, 2012, saying that she was going to hike trails near Applegate and another from Chris to Patricia on October 10, 2012, about going camping.
Mr. Allison showed Sgt. Randall item #163, a Google Earth map of South Medford and Jacksonville. Mr. Allison asked Sgt. Randall to circle Patricia's home and mark it '1', circle Amber Lubbers' home and mark it '2', and to mark Oregon 238, which is the road through Jacksonville to Applegate, '3'. Sgt. Randall made these marks on the map.
Mr. Allison showed Sgt. Randall item #184, a Google Earth map of Jacksonville. Mr. Allison asked Sgt. Randall to circle the bank on E. California/Oregon 238, which runs through the center of Jacksonville. Mr. Allison put the two maps together with the same orientation and asked Sgt. Randall to indicate the directions on the map: north, south, east, and west; and to mark the bank on #163, which he did. Finally, Mr. Allison asked Sgt. Randall item to mark the direction that the ATM video surveillance camera at the bank was facing and he drew an arrow from the bank into Oregon 238, the main street going through Jacksonville.
Mr. Allison showed Sgt. Randall item #177, a screen shot showing Oregon 238 in front of the bank, and Sgt. Randall identified it a having come from the ATM video surveillance camera at the bank. He said that the actual video with much clearer than that screen shot.
Mr. Allison asked Sgt. Randall if he was familiar with Patricia's silver Dodge Stratus and he said yes, he was. He said that Patricia had told him that she had driven that car to the campsite on November 17, 2012. Sgt. Randall said that he viewed the surveillance video provided by the bank that was taken from 2:00 AM to noon on November 17, 2012, and he did not see Patricia's Dodge Stratus.
Returning to the items found at the campsite, Mr. Allison asked Sgt. Randall about the first time he visited the campsite, late in the day on November 20, 2012. Sgt. Randall said that it was at night and he had a flashlight. He could clearly see items on the ground and in the fire pit. He also said that during her interview, Patricia told him she had stayed at the campsite for a couple of minutes during the predawn on November 17, 2012, before the sun was fully up.
Mr. Allison asked Sgt. Randall why you don't tell important information to people while you are conducting an investigation. Sgt. Randall said that is so they can see if people are telling the truth. He said that as an example, Amber Lubbers testified that Chris was in the far right side of the tent, which is where the bullet holes were found. Only someone who was there would have that kind of first-hand knowledge. Sgt. Randall said that on November 20, 2012, they were looking into a missing person. When they found the body, with no identification, someone put out an early press release, but they withheld information about how it was found and the condition of the body.
Sgt. Randall said that during her interview on November 21, 2012, Patricia told him that maybe an animal attacked Chris during the night and during the struggle it got rolled up in the tent with Chris. However, the fact that Chris' body was rolled up in the tent was not public knowledge and could only have been known by someone who was there.
Mr. Allison asked him what he knew about Plan B and Sgt. Randall said that during her interview on December 7, 2012, Amber Lubbers discussed Plan B and he was subsequently made aware of it.
Sgt. Randall said that he interviewed Patricia in the evening on November 21, 2012, with Brian Scott at the Jackson County Sheriff's Office. He said that he had called Patricia early the same day and told her that a body had been found and told her that the case had become a homicide.
He said that at the interview, he officially told Patricia that Chris was dead. He said that Patricia seemed detached when he told her and at different times during the interview she was angry, upset, nonchalant, and even joked. When he told her Chris was dead, she didn't seem to be shocked or surprised.
Sgt. Randall said that during the interview Patricia told him that she left the following behind when she left the campsite the evening of November 16, 2012:
- Firewood, none was found by investigators at the campsite.
- An eight-person tent, which was recovered by investigators at the campsite.
- Two sleeping bags, one of which was recovered by investigators at the campsite.
- Two sleeping mats, both of which were recovered by investigators at the campsite.
- Patricia said that Chris smoked Camels, but no lighters or packs of cigarettes were found at the campsite. Investigators did find Camel cigarette butts around the campsite.
- Patricia said that she brought 3-400 yards of black parachute cord to the campsite. She said that she had always had it. Investigators found black parachute cord wrapped around the tent, but not nearly 3-400 yards of it. During a subsequent search of Patricia's home, investigators did not find the rest of the cord.
- A quad LED Coleman lantern, which was not found by investigators at the campsite, although exhibit #43, an empty box for such a lantern, was found by investigators at the campsite.
- Patricia said that she thought Chris had his cell phone with him, but on November 19, 2012, she told Deputy Biddle that her daughter had
found it in the center console of her car. - Patricia said that they had purchased three separate fifths of alcohol and that one of them was left with Chris, but investigators did not find any at the campsite.
Sgt. Randall said that during the interview Patricia told him that she and Chris were working on their relationship, doing what they had to, to make it work. She told him that Chris worked two full-time jobs and that Chris was a nice man and that his money went to his kids. Patricia also told him that they had a non-traditional relationship; that they had an open relationship.
Sgt. Randall said that he asked Patricia if her relationship with Jeremiah Hills was non-traditional, as well. Mr. Allison asked Sgt. Randall what was Patricia's demeanor when she talked about Jeremiah and Sgt. Randall said that she became more animated, embarrassed at first, and then almost giddy. Sgt. Randall said that Patricia told him that she was a submissive in a BDSM relationship and that Jeremiah was her dominant master. Patricia said that Jeremiah was introduced to her by Harvey Bonilla, who knew that Patricia wanted to be in the BDSM lifestyle. She told him that Mr. Bonilla knew that Jeremiah was into BDSM and also knew that Patricia needed a protector to make sure she was safe. Patricia told Sgt. Randall that Jeremiah had her wear a collar and that Jeremiah would punish her, but that she wouldn't complain about the punishment. Chris, on the other hand, if he got mad she would have to talk it out of him.
Mr. Allison asked Sgt. Randall if Patricia told him that she would be beaten if she took the collar off and he said no, Patricia never said that. Mr. Allison asked Sgt. Randall if Patricia said that Jeremiah ever beat her and Sgt. Randall said no, she never said that either.
After reading the interview transcript to refresh his memory, Sgt. Randall said that Patricia told him she last saw Jeremiah in September 2012. Patricia told him that Jeremiah would not do anything to hurt Chris and that Jeremiah now had another sub. Sgt. Randall said that Patricia also told him that Jeremiah and her had a fun relationship, that she enjoyed it. She also told him that Chris did not like it when Jeremiah had Patricia wear a collar. Chris told her that it disrespected women.
Mr. Allison asked Sgt. Randall if Patricia ever said four people went to the campsite and Sgt. Randall said no, she didn't.
Sgt. Randall said that during his interview with her on November 21, 2012, Patricia gave him the following chronology of events on November 16, 2012:
- Left Medford about 1:00 to 2:00 PM. Patricia said she drove.
- Stopped at Winco for groceries. (Actually they stopped at Food 4 Less. Sgt. Randall would correct himself later on in his testimony.)
- Stopped at the Ruch Market and bought green burritos.
- Arrived at the campsite.
- Set up the tent.
- Went to the waterfall where Amber took pictures.
- Went to cut firewood.
- Mixed drinks.
- It began to rain so they moved inside the tent and huddled in their sleeping bags.
- Patricia and Amber left the campsite about 8:00 to 8:30 PM.
- They drove to Medford, to Patricia's house.
- They watched the movies 21 Jump Street and part of 21 Dresses.
- They went to Jack-in-the-Box.
- Patricia said she got sick and threw up all night long.
- She said that she and Amber slept in the same bed, Amber did not go home.
- The next morning Patricia was concerned for Chris and she and Amber left about 5:00 to 5:30 AM to go and check on Chris. Patricia said that she did not have a clock by her bed and was unsure of the time. She said that it was dark when they left Medford.
- Patricia said that they crossed five bridges and found the pile of rocks at the turnoff to the campsite.
- When she and Amber arrived at the campsite they saw nothing there. They walked to the waterfall, so they were sure they were at the right campsite. They looked for the large tent, but saw nothing.
- Patricia said that she inspected the fire pit and it looked like it had been put out. Patricia said that it was predawn when she got to the campsite; it was light but there was no direct sunlight.
Mr. Allison asked Sgt. Randall if they found a clock next to Patricia's bed when they searched her home and he said yes, they did. Sgt. Randall also said that the clock was working when they found it and had the correct time.The large graphic of the campsite, with three pictures along the top and three more along the bottom, was still posted to the bulletin board behind the witness stand. Mr. Allison asked Sgt. Randall to point to the trail to the waterfall and the trail to the river below the pool, which he did. Mr. Allison asked him if he saw the tent when it was still on the hillside and he said yes, he did. Sgt. Randall said that if you walked from the top of the waterfall back to the fire pit, you could not see the tent, but if you took the path down to the river, you would have clearly seen the tent.
Sgt. Randall said that during the interview Patricia told him that when she left the campsite with Amber on November 16, 2012, Chris was inside the tent. Another time she said that he was outside the tent when she left and she gave him a hug. She tried to kiss him, but he wouldn't. Another time she said that Chris was inside the sleeping bag in the tent.
Mr. Allison asked Sgt. Randall if he had read Deputy Biddle's missing person report, which he took on November 19, 2012. Sgt. Randall said that he had read the report and he was aware that Patricia had told Deputy Biddle that she went out to the campsite at 10:00 AM on Saturday, November 17, 2012. Mr. Allison asked Sgt. Randall if he confronted Patricia with that discrepancy and he said that Patricia again told him that she didn't have a clock by her bed and didn't know the exact time. Mr. Allison asked Sgt. Randall if he let Patricia refresh her recollection and he said that he did, by showing Patricia Deputy Biddle's report. Sgt. Randall said that Patricia told him she didn't remember telling anyone any other time (other than 5:00 to 5:30).
Mr. Allison asked Sgt. Randall if, when he was at the campsite the evening of November 20 and the morning of November 21, 2012, if he saw the tent pole and the tent pegs in the fire pit and if he saw the tent pegs on the ground. Sgt. Randall said that these items were in plain sight and could be seen easily by anyone who came to the campsite. Sgt. Randall said that he gave Patricia several chances to tell him what she had seen. He said that he asked her several times if she had seen anything in the fire pit or at the campsite. He said that he told Patricia that he had seen items at both places, but Patricia still said that she saw nothing.Sgt. Randall said that he asked Patricia if she checked any other campsites and she said that she did not. He said that Patricia had told him that she was concerned about Chris because he spent the night out by himself so Sgt. Randall told Patricia that it didn't make sense for her to check only one campsite. He said that Patricia told him maybe he hitchhiked or called someone.
Mr. Allison asked Sgt. Randall if he was present when the tent was recovered to be examined and he said yes, he was. He asked Sgt. Randall if he helped set up the tent last week (that would have been Tuesday, December 3, 2012, at the end of the 7th day of the trial) and Sgt. Randall said yes, he did. Mr. Allison asked Sgt. Randall if when the tent was set up last week he directed Bonnie Mortensen to take photographs and he said yes, he did. Mr. Allison showed Sgt. Randall exhibit #183, which consists of 35 photographs of the tent as it was set up for the jury last week.
Mr. Allison asked Sgt. Randall what happened to the tent when it was recovered and he said that it was taken to the Oregon State Police Department at Central Point, to the coroner's office. Mr. Allison asked Sgt. Randall if any blood had seeped to the outside of the tent and he said no, none had. Sgt. Randall said that they found the following inside the tent when they unrolled it:
- Eight spent shell casings
- One bullet in Chris' shoulder
- One bullet fragment in Chris' wrist
- One bullet in the tent
- One bullet in the sleeping bag
Sgt. Randall went on to say that during his interview with Patricia she told him that she had left the gun and the extra magazine with Chris when she and Amber left the campground the evening of November 16, 2012. He said that Patricia told him that Chris had put the gun in his pocket and that he did not want the holster. Patricia also told him that she had fired one round when she got to the campsite. She also told him that each clip holds seven rounds when fully loaded.
Sgt. Randall said that Patricia told him during the interview that she took the sleeping bags home and washed them. Mr. Allison asked Sgt. Randall if he searched Patricia's home and he said yes, he and Detective Scott (from the Oregon State Police, who testified on day 3 of the trial) searched Patricia's home on November 21, 2012. Mr. Allison asked Sgt. Randall about the sleeping bags and he said that they found one sleeping bag had been washed and the other was in the washer. He said that there was other laundry laying piles, waiting to be washed. Mr. Allison asked Sgt. Randall if it appeared that the sleeping bags had priority over the other laundry and he said yes, that was the appearance.
Mr. Allison showed Sgt. Randall item #185, a photograph of Chris MacCallum. Sgt. Randall identified the photograph as the one that he showed to Chris' mother, Sarah MacCallum, and said that she confirmed that is was Chris. Mr. Allison asked Sgt. Randall if the person inside the tent was the same person and he said yes, it was.
Mr. Allison asked Sgt. Randall if he had reviewed Chris and Patricia's cell phone records and he said that he had. Sgt. Randall said that there was a text message from Patricia to Chris on October 3, 2012, saying that she was going to hike trails near Applegate and another from Chris to Patricia on October 10, 2012, about going camping.
Mr. Allison showed Sgt. Randall item #163, a Google Earth map of South Medford and Jacksonville. Mr. Allison asked Sgt. Randall to circle Patricia's home and mark it '1', circle Amber Lubbers' home and mark it '2', and to mark Oregon 238, which is the road through Jacksonville to Applegate, '3'. Sgt. Randall made these marks on the map.
Mr. Allison showed Sgt. Randall item #184, a Google Earth map of Jacksonville. Mr. Allison asked Sgt. Randall to circle the bank on E. California/Oregon 238, which runs through the center of Jacksonville. Mr. Allison put the two maps together with the same orientation and asked Sgt. Randall to indicate the directions on the map: north, south, east, and west; and to mark the bank on #163, which he did. Finally, Mr. Allison asked Sgt. Randall item to mark the direction that the ATM video surveillance camera at the bank was facing and he drew an arrow from the bank into Oregon 238, the main street going through Jacksonville.
Mr. Allison showed Sgt. Randall item #177, a screen shot showing Oregon 238 in front of the bank, and Sgt. Randall identified it a having come from the ATM video surveillance camera at the bank. He said that the actual video with much clearer than that screen shot.
Mr. Allison asked Sgt. Randall if he was familiar with Patricia's silver Dodge Stratus and he said yes, he was. He said that Patricia had told him that she had driven that car to the campsite on November 17, 2012. Sgt. Randall said that he viewed the surveillance video provided by the bank that was taken from 2:00 AM to noon on November 17, 2012, and he did not see Patricia's Dodge Stratus.
Returning to the items found at the campsite, Mr. Allison asked Sgt. Randall about the first time he visited the campsite, late in the day on November 20, 2012. Sgt. Randall said that it was at night and he had a flashlight. He could clearly see items on the ground and in the fire pit. He also said that during her interview, Patricia told him she had stayed at the campsite for a couple of minutes during the predawn on November 17, 2012, before the sun was fully up.
Mr. Allison asked Sgt. Randall why you don't tell important information to people while you are conducting an investigation. Sgt. Randall said that is so they can see if people are telling the truth. He said that as an example, Amber Lubbers testified that Chris was in the far right side of the tent, which is where the bullet holes were found. Only someone who was there would have that kind of first-hand knowledge. Sgt. Randall said that on November 20, 2012, they were looking into a missing person. When they found the body, with no identification, someone put out an early press release, but they withheld information about how it was found and the condition of the body.
Sgt. Randall said that during her interview on November 21, 2012, Patricia told him that maybe an animal attacked Chris during the night and during the struggle it got rolled up in the tent with Chris. However, the fact that Chris' body was rolled up in the tent was not public knowledge and could only have been known by someone who was there.
Mr. Duncan's cross examination of Sergeant Randall
Mr. Duncan began his cross examination by asking Sgt. Randall to describe the campsite when he first went there. Sgt. Randall said he went out to the campsite on November 20, 2012, at about 5:00 PM, four days after the camping trip. He said that it was raining, but he didn't know how long it had been raining. He said that the campsite is in mountainous terrain and that there was a fair amount of runoff on the rocks. He also said that in his estimation, the area where Plan B was tried, above the waterfall, was unsafe for children to play.
Sgt. Randall said that earlier in the day it was announced that a body had been found, but not that it was rolled up in a tent. When he got to the campsite on November 20, 2012, there was no tent standing. He said that during her interview, Patricia told him that she didn't find the tent, that she didn't find anything at the campsite. He said that if the tent had been still set up, you would have been able to see the body.
Sgt. Randall said that Patricia was notified on November 21, 2012, by Detective Bryan Scott (who testified on day 3) that a body had been found. Mr. Duncan asked Sgt. Randall if he was the lead investigator and he said yes, he was. Mr. Duncan asked Sgt. Randall if he was there when Patricia was notified that they had found a body at the campsite and he said no, he wasn't. He also said that when he began his interview of Patricia the evening of November 21, 2012, all she had been told was that a body had been found.
Mr. Duncan asked Sgt. Randall about the tent and he confirmed that Patricia had told him it was set up on November 16, 2012, and that it was found on November 20, 2012.
Mr. Duncan asked Sgt. Randall what Patricia had said during his interview with her on November 21, 2012, about the last time she had seen Jeremiah Hills. After looking at the transcript to refresh his memory, Sgt. Randall said that Patricia told him the last time she had seen Jeremiah was just before Chris had moved back in with her.
Mr. Duncan asked Sgt. Randall if on November 21, 2012, they were investigating a homicide and he said yes, they were. It was no longer a missing person case.
Mr. Duncan asked Sgt. Randall about the fire pit and he said that during her interview on November 21, 2012, Patricia told him that the fire pit contained ashes and wood left over from previous campers. Mr. Duncan pointed out that Sgt. Randall hadn't asked if he meant November 16 or 17 when asking about the fire pit. Sgt. Randall said that actually had asked Patricia what she saw on November 17, 2012.
Mr. Duncan told Sgt. Randall that as far as he knew, any tent poles in the fire pit could have been missed. Sgt. Randall said that if Patricia had been there and looked in the fire pit, she should have seen the tent pole. It should have been obvious to anyone.
Mr. Duncan pointed out that all Sgt. Randall knew about Patricia was from the transcript of her interview on November 21, 2012. Mr. Duncan asked Sgt. Randall what about giving blood? Did you know Patricia gave blood to earn money for the family? Sgt. Randall said no, he did not know that.
Mr. Duncan asked Sgt. Randall if he asked about Jeremiah Hills when he interviewed Patricia on November 21, 2012, and he said yes, he did and that he had investigated Jeremiah Hills as a murder suspect, but the focus of the interview was not on Patricia's relationship with Mr. Hills. Mr. Duncan asked Sgt. Randall if he had asked Patricia about wearing the collar, what would happen if she took it off, and if she liked wearing it. Sgt. Randall said no, he hadn't asked her about those things. He said that she told him about the collar was what she had volunteered when she told him about Mr. Hills.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about going to the campsite on November 17, 2012, and he said that she told him that she only stayed a few minutes and that she saw the five bridges, the pile of rocks at the turnoff to the campsite, the fire pit, the waterfall, and where the tent had been. Mr. Duncan asked Sgt. Randall if he had ever taken Patricia to the campsite and he said no, all the interviews with Patricia were done in Medford.
Mr. Duncan asked Sgt. Randall about what Patricia told him about reporting Chris missing. Sgt. Randall said that Deputy Biddle took the initial call and then later on the same day, reported that Cora had found Chris' cell phone.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about her firearm. Sgt. Randall said that Patricia told him freely that she took the gun out to the campsite and that she got it out at some time during the day. Mr. Duncan asked Sgt. Randall if the gun was in the trunk and he said that he never asked Patricia that question.
Mr. Duncan asked Sgt. Randall about the shell casings found in the tent and he said that he found eight casings inside the tent. Mr. Duncan asked Sgt. Randall if he could tell if the shell casings came from the gun or were thrown into the tent later and Sgt. Randall said that he could not tell. Mr. Duncan asked Sgt. Randall if there were any fingerprints on the shell casings and he said that he didn't know. He said that the casings were sent to the Department of Justice lab and that all the casings were covered with water and blood.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about the firewood and Sgt. Randall said that she told him they bought firewood at Winco (actually it was Food 4 Less, which Sgt. Randall would correct later in his testimony). He said that Patricia also told him that they had brought a hatchet with them and that there wasn't enough wood and they took turns chopping a dead log. Mr. Duncan asked Sgt. Randall if there was any way to tell how long the fire was burning after Patricia and Amber left and he said no, there wasn't.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about the sleeping bags. Sgt. Randall said that Patricia told him that the sleeping bags were hers and they were purchased at Walmart. She told him that the sleeping bags belonged to her, not to Kris Lubbers. Mr. Duncan asked Sgt. Randall if he had asked Patricia did she bring things back clean after borrowing them and he said that he did.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about dating other people and Sgt. Randall said that Patricia told him that both she and Chris dated other people before they reconciled on September 7, 2012.
Mr. Duncan asked Sgt. Randall about Deputy Biddle's missing person report. Sgt. Randall said that Patricia had told Deputy Biddle that she had gone out to the campsite at 10:00 AM on Saturday, November 17, 2012. Mr. Duncan asked Sgt. Randall if Deputy Biddle went out the campsite and Sgt. Randall said that he didn't know (actually he did not). Sgt. Randall said that Patricia told him that Deputy Biddle told her to go out to the campsite again.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about using a flashlight at the campsite when she went out there on November 17, 2012, since she left at 5:00 or 5:30 in the morning. Sgt. Randall said that she never said anything about a flashlight. He said that Patricia stated that it was light when she got there. She also told him that it was raining and that she had to use her windshield wipers, but didn't know how hard it was raining. Mr. Duncan asked Sgt. Randall if that implied that it was overcast and he said yes, it did.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about the parachute cord. Sgt. Randall said Patricia told him it was a strong, light-weight cord that might be found at an army/navy surplus store. He said that he didn't ask her where she bought it or when. He said that Patricia told him that she used it for all kinds of things. Mr. Duncan asked Sgt. Randall if he asked Patricia about how much cord there was when she bought it or how much was left and he said that Patricia gave him a rough estimate, but he didn't remember what she said. Mr. Duncan asked Sgt. Randall if Patricia said there was 300 feet of cord and he said yes, that's possible.
Mr. Duncan asked Sgt. Randall about finding the lantern box for the Coleman LED lantern, with three (actually, four) detachable flashlights, at the campsite on November 21, 2012, and he said that they found the box at the campground but never did find the lantern.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about any other people at the campsite and he said that Patricia told him that other people may have been invited by Chris.
Mr. Duncan asked Sgt. Randall about cell phone tracking of Jeremiah Hills and Kris Lubbers and Mr. Allison objected as being irrelevant and beyond the scope of the direct testimony. The objection was sustained. Mr. Duncan asked Sgt. Randall if they had tried to obtain a cell phone tower dump from cell phone towers in the Applegate area and he said no, they didn't. Mr. Duncan asked Sgt. Randall if he could have tracked cell phones in the area if he had and he said yes, but that there was no coverage at the campsite along the Applegate River.
Mr. Duncan asked Sgt. Randall about the alarm clock that was found in Patricia's house during the search on November 21, 2012. Sgt. Randall said that they found an alarm clock on the floor next to the bed, beside a one-drawer night table, which had no room on the top. Sgt. Randall said that it was a clock radio with big red numbers. Mr. Duncan asked Sgt. Randall if that alarm clock was at that same place on November 17, 2012, and Sgt. Randall said that he did not know.
Mr. Allison asked Sgt. Randall if, during the interview with Patricia on November 21, 2012, he told her that Chris was in the tent when he was found and he said no, he didn't. Mr. Allison said, but she could have known from some other source and Sgt. Randall said yes, she could. Mr. Allison said, but she could not have known that the tent was rolled up and Sgt. Randall said yes, she could not have known that.
Mr. Allison asked Sgt. Randall if he had seen the box that Patricia's firearm came in and he said yes, he did. Mr. Allison asked Sgt. Randall if he had seen the picture of the firearm on the outside of the box showing the ejection port where shell casings would be ejected from the gun and he said yes, he had. Mr. Allison asked Sgt. Randall if the shell casings found inside the tent were consistent with the ejection of that type of firearm and he said yes, they were. Mr. Allison said that previous testimony shows that Patricia fired one clip while standing inside the tent, but it is not certain where she was standing when she fired the other the other. Mr. Allison asked Sgt. Randall if the shell casings found inside the tent were consistent with that previous testimony and he said yes, they were.
Mr. Allison asked Sgt. Randall if the lantern had three or four detachable pieces and he said that he saw the box earlier in his testimony and it had four detachable pieces, not three.
Mr. Allison asked Sgt. Randall if, during her interview on November 21, 2012, Patricia told him that they had stopped to buy firewood and he said yes, she did. Mr. Allison asked Sgt. Randall if Patricia had told him what store they had stopped at and he said that he wasn't sure if Patricia told him or one of the other officers told him. Mr. Allison showed Sgt. Randall item #37 and asked him if this was the receipt from that purchase and he said yes, it was but that there was no store name on the receipt. Mr. Allison showed Sgt. Randall #36, a picture taken from the surveillance video at the store. Sgt. Randall said that he hadn't seen that particular picture, but he had seen the video and that it was from Food 4 Less. Mr. Allison asked Sgt. Randall to compare the times on the receipt and on the video and he said that they are almost the exact same time. Mr. Allison asked Sgt. Randall if Patricia told him they had stopped at Winco and he said no, it was Food 4 Less. He also said that he believed he was told that by other officers, not by Patricia. Mr. Allison said that either one of the other officers told you wrong or you remembered it wrong and Sgt. Randall said yes, but he didn't know which one it was.
Mr. Allison asked Sgt. Randall why he didn't investigate Jeremiah Hills and Kris Lubbers and he said that they interviewed both Jeremiah and Kris Lubbers, but they did not become persons of interest. He said that the inconsistencies in Patricia's statements kept them focussed on her. Mr. Allison asked Sgt. Randall what those inconsistencies were and Sgt. Randall enumerated them as follows.
Mr. Allison asked Sgt. Randall about what Patricia told him during the interview on November 21, 2012, about the weekend that they went camping. Sgt. Randall said that Patricia told him that Chris had a four-day weekend: Friday, Saturday, Sunday, and Monday; and that they were planning to spend Friday camping, Saturday date night, Sunday with the kids. He said that Patricia told him that she had made a Facebook post saying she was excited about the weekend.
Mr. Duncan asked Sgt. Randall if all semi-automatic pistols eject shell casings usually to the right, slightly back or up, several feet from the gun and he said yes, they do. Mr. Duncan asked Sgt. Randall if he had ever shot a .40 caliber hand gun and he said yes, he had. Mr. Duncan asked Sgt. Randall if the ejection varies depending on the make and model of the gun and he said that it does. Mr. Duncan asked Sgt. Randall if someone would have to be inside the tent for the shell casings end up in the tent and he said yes, they would. Mr. Duncan said that Sgt. Randall didn't know if the shooter was inside or outside the tent and he said no, he did not.
Mr. Duncan told Sgt. Randall that some of the inconsistent items that he described during his testimony came from Deputy Biddle and that he, himself gave inconsistent information, about Winco versus Food 4 Less and about not knowing that Patricia gave blood. Sgt. Randall said yes, that was all true. Mr. Duncan also pointed out that Deputy Biddle's conversations with Patricia were not recorded, so there is no transcript of those conversations. Again, Sgt. Randall said that was true.
Mr. Duncan asked Sgt. Randall what he meant when he said that he inspected the fire pit and he said that he gave the fire pit a visual inspection. Mr. Duncan pointed out that Patricia didn't inspect the fire pit, she just looked at it and didn't see the tent poles. Sgt. Randall said that Patricia told him that she saw ashes from previous campers, but that she was the previous camper. Mr. Duncan asked Sgt. Randall if previous campers only refers to what she saw in the fire pit and he said yes, it did.
Mr. Duncan asked Sgt. Randall if Patricia had Chris' cell phone with her when he interviewed her on November 21, 2012, and he said no, she did not. Mr. Duncan said that Patricia told Deputy Biddle on November 20, 2012, that she had found Chris' cell phone and Sgt. Randall said yes, she did, although it was November 19, 2012. Mr. Duncan asked Sgt. Randall if Patricia gave him Chris' cell phone on November 21, 2012, when they were searching her house, and told him he could look through it and he said yes, she did.
Mr. Duncan showed Sgt. Randall the pictures that Ms. Lubbers took at the campsite on November 16, 2012, which he introduced as defense exhibit B and asked him if Patricia was wearing gloves in the pictures. Sgt. Randall said no, she was not. Mr. Duncan asked Sgt. Randall if Patricia was wearing gloves later on that same evening and he said he did not know. Mr. Duncan asked Sgt. Randall if the glove that was found at the campsite was tested for DNA and he said no, it was not. Mr. Duncan asked Sgt. Randall what Patricia had told him during the interview on November 21, 2012, about her gloves and he said that Patricia told him that when she left the campsite she couldn't find the gloves when packing up to go. She told him that her gloves were black on black. Mr. Duncan asked Sgt. Randall what the color of the glove was that was found at the campsite and he said it was blue, purple, and black.
Mr. Duncan asked Sgt. Randall what Patricia had told him during the interview on November 21, 2012, about Chris' work schedule and he said that Patricia told him that Chris worked days at the FTD call center and nights at Checker Cab.
Mr. Allison asked Sgt. Randall if there were any bullet holes in the door of the tent and he said no, there were not.
Ms. James said that she has lived in Medford for the past 20 years and knew Chris MacCallum. She said that she met him while running karaoke at Fire and Ice, where Chris was a bartender. She said that they both began working for Checker Cab, she in May 2012 and Chris in August 2012. She said that they were friendly with each other. Mr. Allison asked Ms. James if they hung out, went places together and she said no, they did not.
Ms. James said that Chris was very up-beat, energetic, and always smiling. She said that she drove him to and from work. Mr. Allison asked her if she ever transported Chris' children and she said yes, she did and that she took him whenever he needed a ride to his home on Clearsprings Road, to childcare, even to the FTD call center.
Ms. James said that she was a driver and a dispatcher and that she dispatched Chris from his house on Wednesday or Thursday prior to his birthday (that would have been November 14 or 15, 2012). She said that she drove him home after work, from the Checker Cab car lot to his house on Clearsprings Road. He said that he was debating whether to work on Saturday night, his birthday, or not. He said that he knew that if he told his fares he was working on his birthday, he would get good tips.
Mr. Duncan asked Ms. James about her last conversation with Chris and she said that on Wednesday or Thursday she took Chris home. She said that she knew Chris would go camping in a day or two and that he was pretty sure that he would work on Saturday.
Mr. Duncan asked Ms. James if she had a financial interest in whether Chris would work on his birthday and she said yes, she did. She said that if Chris didn't work, she would make more money that day.
Next witness - Garrett Weschler, Owner of Checker Cab Company, Medford
Mr. Allison asked Mr. Weschler if he had spoken to investigators in November or December 2012 and he said yes, he did. He asked him if he listened to a tape recording of his interview before testifying and he said yes, he did. Mr. Weschler said that he knew Chris MacCallum, he was a taxi driver working for his company. He said that drivers pay a fee to use a car.
Mr. Allison gave Mr. Weschler a piece of paper, exhibit #35, which he identified as being Chris' work schedule. He said that it was a standing schedule for him. Mr. Allison asked if Chris was scheduled to work on Saturday night, November 17, 2012, and Mr. Weschler said yes, he was, but he did not come to work that night. Mr. Allison asked Mr. Weschler if Patricia called and asked about Chris and he said no, she did not.
Mr. Duncan asked Mr. Weschler about the Checker Cab Company in Medford and he said that it is located on 832 W. Main Street in Medford. He said that location is not staffed 24/7, the dispatcher works from a cell phone and there is only one dispatcher at any time. Mr. Weschler said that he is the only dispatcher, although Misty James dispatches, too, while driving. Mr. Weschler said that he remembered later that Chris had talked about his birthday. He said that Chris did not ask for his birthday off, but he did mention his birthday.
Mr. Duncan asked Mr. Weschler if Misty James is truthful and he said yes, she is. Mr. Duncan asked him if Misty James has any authority in his company and he said no, only me.
Stipulation of toxicology report from Central Valley Toxicology
Judge Dixon announced to the jury that Mr. Allison and Mr. Duncan have agreed to accept the toxicology report from Central Valley Toxicology without having to call a witness, which would have been Deputy Orick. The toxicology report is of the blood sample taken from Chris' body during the autopsy. (The report was not read to the jury, but when we met with Mr. Allison that afternoon, after court was done for the day, he told us that Chris' blood alcohol level was 0.08%.)
Next witness - Detective Jeff Moser, Siskiyou County Sheriff's Office
Detective Moser has been a peace officer for 19 years and is currently a detective working for the Siskiyou County Sheriff's Office.
Sgt. Randall said that earlier in the day it was announced that a body had been found, but not that it was rolled up in a tent. When he got to the campsite on November 20, 2012, there was no tent standing. He said that during her interview, Patricia told him that she didn't find the tent, that she didn't find anything at the campsite. He said that if the tent had been still set up, you would have been able to see the body.
Sgt. Randall said that Patricia was notified on November 21, 2012, by Detective Bryan Scott (who testified on day 3) that a body had been found. Mr. Duncan asked Sgt. Randall if he was the lead investigator and he said yes, he was. Mr. Duncan asked Sgt. Randall if he was there when Patricia was notified that they had found a body at the campsite and he said no, he wasn't. He also said that when he began his interview of Patricia the evening of November 21, 2012, all she had been told was that a body had been found.
Mr. Duncan asked Sgt. Randall about the tent and he confirmed that Patricia had told him it was set up on November 16, 2012, and that it was found on November 20, 2012.
Mr. Duncan asked Sgt. Randall what Patricia had said during his interview with her on November 21, 2012, about the last time she had seen Jeremiah Hills. After looking at the transcript to refresh his memory, Sgt. Randall said that Patricia told him the last time she had seen Jeremiah was just before Chris had moved back in with her.
Mr. Duncan asked Sgt. Randall if on November 21, 2012, they were investigating a homicide and he said yes, they were. It was no longer a missing person case.
Mr. Duncan asked Sgt. Randall about the fire pit and he said that during her interview on November 21, 2012, Patricia told him that the fire pit contained ashes and wood left over from previous campers. Mr. Duncan pointed out that Sgt. Randall hadn't asked if he meant November 16 or 17 when asking about the fire pit. Sgt. Randall said that actually had asked Patricia what she saw on November 17, 2012.
Mr. Duncan told Sgt. Randall that as far as he knew, any tent poles in the fire pit could have been missed. Sgt. Randall said that if Patricia had been there and looked in the fire pit, she should have seen the tent pole. It should have been obvious to anyone.
Mr. Duncan pointed out that all Sgt. Randall knew about Patricia was from the transcript of her interview on November 21, 2012. Mr. Duncan asked Sgt. Randall what about giving blood? Did you know Patricia gave blood to earn money for the family? Sgt. Randall said no, he did not know that.
Mr. Duncan asked Sgt. Randall if he asked about Jeremiah Hills when he interviewed Patricia on November 21, 2012, and he said yes, he did and that he had investigated Jeremiah Hills as a murder suspect, but the focus of the interview was not on Patricia's relationship with Mr. Hills. Mr. Duncan asked Sgt. Randall if he had asked Patricia about wearing the collar, what would happen if she took it off, and if she liked wearing it. Sgt. Randall said no, he hadn't asked her about those things. He said that she told him about the collar was what she had volunteered when she told him about Mr. Hills.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about going to the campsite on November 17, 2012, and he said that she told him that she only stayed a few minutes and that she saw the five bridges, the pile of rocks at the turnoff to the campsite, the fire pit, the waterfall, and where the tent had been. Mr. Duncan asked Sgt. Randall if he had ever taken Patricia to the campsite and he said no, all the interviews with Patricia were done in Medford.
Mr. Duncan asked Sgt. Randall about what Patricia told him about reporting Chris missing. Sgt. Randall said that Deputy Biddle took the initial call and then later on the same day, reported that Cora had found Chris' cell phone.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about her firearm. Sgt. Randall said that Patricia told him freely that she took the gun out to the campsite and that she got it out at some time during the day. Mr. Duncan asked Sgt. Randall if the gun was in the trunk and he said that he never asked Patricia that question.
Mr. Duncan asked Sgt. Randall about the shell casings found in the tent and he said that he found eight casings inside the tent. Mr. Duncan asked Sgt. Randall if he could tell if the shell casings came from the gun or were thrown into the tent later and Sgt. Randall said that he could not tell. Mr. Duncan asked Sgt. Randall if there were any fingerprints on the shell casings and he said that he didn't know. He said that the casings were sent to the Department of Justice lab and that all the casings were covered with water and blood.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about the firewood and Sgt. Randall said that she told him they bought firewood at Winco (actually it was Food 4 Less, which Sgt. Randall would correct later in his testimony). He said that Patricia also told him that they had brought a hatchet with them and that there wasn't enough wood and they took turns chopping a dead log. Mr. Duncan asked Sgt. Randall if there was any way to tell how long the fire was burning after Patricia and Amber left and he said no, there wasn't.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about the sleeping bags. Sgt. Randall said that Patricia told him that the sleeping bags were hers and they were purchased at Walmart. She told him that the sleeping bags belonged to her, not to Kris Lubbers. Mr. Duncan asked Sgt. Randall if he had asked Patricia did she bring things back clean after borrowing them and he said that he did.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about dating other people and Sgt. Randall said that Patricia told him that both she and Chris dated other people before they reconciled on September 7, 2012.
Mr. Duncan asked Sgt. Randall about Deputy Biddle's missing person report. Sgt. Randall said that Patricia had told Deputy Biddle that she had gone out to the campsite at 10:00 AM on Saturday, November 17, 2012. Mr. Duncan asked Sgt. Randall if Deputy Biddle went out the campsite and Sgt. Randall said that he didn't know (actually he did not). Sgt. Randall said that Patricia told him that Deputy Biddle told her to go out to the campsite again.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about using a flashlight at the campsite when she went out there on November 17, 2012, since she left at 5:00 or 5:30 in the morning. Sgt. Randall said that she never said anything about a flashlight. He said that Patricia stated that it was light when she got there. She also told him that it was raining and that she had to use her windshield wipers, but didn't know how hard it was raining. Mr. Duncan asked Sgt. Randall if that implied that it was overcast and he said yes, it did.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about the parachute cord. Sgt. Randall said Patricia told him it was a strong, light-weight cord that might be found at an army/navy surplus store. He said that he didn't ask her where she bought it or when. He said that Patricia told him that she used it for all kinds of things. Mr. Duncan asked Sgt. Randall if he asked Patricia about how much cord there was when she bought it or how much was left and he said that Patricia gave him a rough estimate, but he didn't remember what she said. Mr. Duncan asked Sgt. Randall if Patricia said there was 300 feet of cord and he said yes, that's possible.
Mr. Duncan asked Sgt. Randall about finding the lantern box for the Coleman LED lantern, with three (actually, four) detachable flashlights, at the campsite on November 21, 2012, and he said that they found the box at the campground but never did find the lantern.
Mr. Duncan asked Sgt. Randall about what Patricia had told him during her interview on November 21, 2012, about any other people at the campsite and he said that Patricia told him that other people may have been invited by Chris.
Mr. Duncan asked Sgt. Randall about cell phone tracking of Jeremiah Hills and Kris Lubbers and Mr. Allison objected as being irrelevant and beyond the scope of the direct testimony. The objection was sustained. Mr. Duncan asked Sgt. Randall if they had tried to obtain a cell phone tower dump from cell phone towers in the Applegate area and he said no, they didn't. Mr. Duncan asked Sgt. Randall if he could have tracked cell phones in the area if he had and he said yes, but that there was no coverage at the campsite along the Applegate River.
Mr. Duncan asked Sgt. Randall about the alarm clock that was found in Patricia's house during the search on November 21, 2012. Sgt. Randall said that they found an alarm clock on the floor next to the bed, beside a one-drawer night table, which had no room on the top. Sgt. Randall said that it was a clock radio with big red numbers. Mr. Duncan asked Sgt. Randall if that alarm clock was at that same place on November 17, 2012, and Sgt. Randall said that he did not know.
Mr. Allison's redirect of Sergeant Randall
Mr. Allison asked Sgt. Randall if, during the interview with Patricia on November 21, 2012, he told her that Chris was in the tent when he was found and he said no, he didn't. Mr. Allison said, but she could have known from some other source and Sgt. Randall said yes, she could. Mr. Allison said, but she could not have known that the tent was rolled up and Sgt. Randall said yes, she could not have known that.
Mr. Allison asked Sgt. Randall if he had seen the box that Patricia's firearm came in and he said yes, he did. Mr. Allison asked Sgt. Randall if he had seen the picture of the firearm on the outside of the box showing the ejection port where shell casings would be ejected from the gun and he said yes, he had. Mr. Allison asked Sgt. Randall if the shell casings found inside the tent were consistent with the ejection of that type of firearm and he said yes, they were. Mr. Allison said that previous testimony shows that Patricia fired one clip while standing inside the tent, but it is not certain where she was standing when she fired the other the other. Mr. Allison asked Sgt. Randall if the shell casings found inside the tent were consistent with that previous testimony and he said yes, they were.
Mr. Allison asked Sgt. Randall if the lantern had three or four detachable pieces and he said that he saw the box earlier in his testimony and it had four detachable pieces, not three.
Mr. Allison asked Sgt. Randall if, during her interview on November 21, 2012, Patricia told him that they had stopped to buy firewood and he said yes, she did. Mr. Allison asked Sgt. Randall if Patricia had told him what store they had stopped at and he said that he wasn't sure if Patricia told him or one of the other officers told him. Mr. Allison showed Sgt. Randall item #37 and asked him if this was the receipt from that purchase and he said yes, it was but that there was no store name on the receipt. Mr. Allison showed Sgt. Randall #36, a picture taken from the surveillance video at the store. Sgt. Randall said that he hadn't seen that particular picture, but he had seen the video and that it was from Food 4 Less. Mr. Allison asked Sgt. Randall to compare the times on the receipt and on the video and he said that they are almost the exact same time. Mr. Allison asked Sgt. Randall if Patricia told him they had stopped at Winco and he said no, it was Food 4 Less. He also said that he believed he was told that by other officers, not by Patricia. Mr. Allison said that either one of the other officers told you wrong or you remembered it wrong and Sgt. Randall said yes, but he didn't know which one it was.
Mr. Allison asked Sgt. Randall why he didn't investigate Jeremiah Hills and Kris Lubbers and he said that they interviewed both Jeremiah and Kris Lubbers, but they did not become persons of interest. He said that the inconsistencies in Patricia's statements kept them focussed on her. Mr. Allison asked Sgt. Randall what those inconsistencies were and Sgt. Randall enumerated them as follows.
- The campfire pit, Patricia said she only saw ashes, but not the tent pole and tent stakes.
- Patricia told Deputy Biddle she had gone back out to the campsite at 10:00 AM on Saturday, November 17, 2012, but told Sgt. Randall she had left at 5:00 or 5:30 AM.
- Patricia told Deputy Biddle she had her toddler with her on the camping trip, but told Sgt. Randall that she did not.
- Patricia told Deputy Biddle that Chris had his cell phone and wallet with him and then later said she found them in her vehicle.
- Patricia said that she saw nothing when she returned to the campsite on Saturday, November 17, 2012, but there were lots of things around the campsite: a tent pole, tent stakes, two black bags, and a glove.
- Patricia said that there was no clock by her bed, but a clock was found there during the search of her house.
- Patricia said that she left the lantern with Chris, but Amber Lubbers said that she took the lantern home.
- Patricia said that when she didn't find Chris at the campsite, she called Checker Cab to see if they had heard from him, but the owner of Checker Cab said that he received no such phone call.
- Patricia said that Chris may have called friends to join him at the campsite after she and Amber left, but there is no cell phone coverage in the area at the campsite.
Mr. Allison asked Sgt. Randall about what Patricia told him during the interview on November 21, 2012, about the weekend that they went camping. Sgt. Randall said that Patricia told him that Chris had a four-day weekend: Friday, Saturday, Sunday, and Monday; and that they were planning to spend Friday camping, Saturday date night, Sunday with the kids. He said that Patricia told him that she had made a Facebook post saying she was excited about the weekend.
Mr. Duncan's recross of Sergeant Randall
Mr. Duncan asked Sgt. Randall if all semi-automatic pistols eject shell casings usually to the right, slightly back or up, several feet from the gun and he said yes, they do. Mr. Duncan asked Sgt. Randall if he had ever shot a .40 caliber hand gun and he said yes, he had. Mr. Duncan asked Sgt. Randall if the ejection varies depending on the make and model of the gun and he said that it does. Mr. Duncan asked Sgt. Randall if someone would have to be inside the tent for the shell casings end up in the tent and he said yes, they would. Mr. Duncan said that Sgt. Randall didn't know if the shooter was inside or outside the tent and he said no, he did not.
Mr. Duncan told Sgt. Randall that some of the inconsistent items that he described during his testimony came from Deputy Biddle and that he, himself gave inconsistent information, about Winco versus Food 4 Less and about not knowing that Patricia gave blood. Sgt. Randall said yes, that was all true. Mr. Duncan also pointed out that Deputy Biddle's conversations with Patricia were not recorded, so there is no transcript of those conversations. Again, Sgt. Randall said that was true.
Mr. Duncan asked Sgt. Randall what he meant when he said that he inspected the fire pit and he said that he gave the fire pit a visual inspection. Mr. Duncan pointed out that Patricia didn't inspect the fire pit, she just looked at it and didn't see the tent poles. Sgt. Randall said that Patricia told him that she saw ashes from previous campers, but that she was the previous camper. Mr. Duncan asked Sgt. Randall if previous campers only refers to what she saw in the fire pit and he said yes, it did.
Mr. Duncan asked Sgt. Randall if Patricia had Chris' cell phone with her when he interviewed her on November 21, 2012, and he said no, she did not. Mr. Duncan said that Patricia told Deputy Biddle on November 20, 2012, that she had found Chris' cell phone and Sgt. Randall said yes, she did, although it was November 19, 2012. Mr. Duncan asked Sgt. Randall if Patricia gave him Chris' cell phone on November 21, 2012, when they were searching her house, and told him he could look through it and he said yes, she did.
Mr. Duncan showed Sgt. Randall the pictures that Ms. Lubbers took at the campsite on November 16, 2012, which he introduced as defense exhibit B and asked him if Patricia was wearing gloves in the pictures. Sgt. Randall said no, she was not. Mr. Duncan asked Sgt. Randall if Patricia was wearing gloves later on that same evening and he said he did not know. Mr. Duncan asked Sgt. Randall if the glove that was found at the campsite was tested for DNA and he said no, it was not. Mr. Duncan asked Sgt. Randall what Patricia had told him during the interview on November 21, 2012, about her gloves and he said that Patricia told him that when she left the campsite she couldn't find the gloves when packing up to go. She told him that her gloves were black on black. Mr. Duncan asked Sgt. Randall what the color of the glove was that was found at the campsite and he said it was blue, purple, and black.
Mr. Duncan asked Sgt. Randall what Patricia had told him during the interview on November 21, 2012, about Chris' work schedule and he said that Patricia told him that Chris worked days at the FTD call center and nights at Checker Cab.
Mr. Allison's redirect of Sergeant Randall
Next witness - Misty James, Driver/Dispatcher for Checker Cab Company, Medford
Ms. James said that she has lived in Medford for the past 20 years and knew Chris MacCallum. She said that she met him while running karaoke at Fire and Ice, where Chris was a bartender. She said that they both began working for Checker Cab, she in May 2012 and Chris in August 2012. She said that they were friendly with each other. Mr. Allison asked Ms. James if they hung out, went places together and she said no, they did not.
Ms. James said that Chris was very up-beat, energetic, and always smiling. She said that she drove him to and from work. Mr. Allison asked her if she ever transported Chris' children and she said yes, she did and that she took him whenever he needed a ride to his home on Clearsprings Road, to childcare, even to the FTD call center.
Ms. James said that she was a driver and a dispatcher and that she dispatched Chris from his house on Wednesday or Thursday prior to his birthday (that would have been November 14 or 15, 2012). She said that she drove him home after work, from the Checker Cab car lot to his house on Clearsprings Road. He said that he was debating whether to work on Saturday night, his birthday, or not. He said that he knew that if he told his fares he was working on his birthday, he would get good tips.
Mr. Duncan's cross examination of Misty James
Mr. Duncan asked Ms. James about her last conversation with Chris and she said that on Wednesday or Thursday she took Chris home. She said that she knew Chris would go camping in a day or two and that he was pretty sure that he would work on Saturday.
Mr. Allison's redirect of Misty James
Mr. Duncan asked Ms. James if she had a financial interest in whether Chris would work on his birthday and she said yes, she did. She said that if Chris didn't work, she would make more money that day.
Next witness - Garrett Weschler, Owner of Checker Cab Company, Medford
Mr. Allison asked Mr. Weschler if he had spoken to investigators in November or December 2012 and he said yes, he did. He asked him if he listened to a tape recording of his interview before testifying and he said yes, he did. Mr. Weschler said that he knew Chris MacCallum, he was a taxi driver working for his company. He said that drivers pay a fee to use a car.
Mr. Allison gave Mr. Weschler a piece of paper, exhibit #35, which he identified as being Chris' work schedule. He said that it was a standing schedule for him. Mr. Allison asked if Chris was scheduled to work on Saturday night, November 17, 2012, and Mr. Weschler said yes, he was, but he did not come to work that night. Mr. Allison asked Mr. Weschler if Patricia called and asked about Chris and he said no, she did not.
Mr. Duncan's cross examination of Garrett Weschler
Mr. Duncan asked Mr. Weschler about the Checker Cab Company in Medford and he said that it is located on 832 W. Main Street in Medford. He said that location is not staffed 24/7, the dispatcher works from a cell phone and there is only one dispatcher at any time. Mr. Weschler said that he is the only dispatcher, although Misty James dispatches, too, while driving. Mr. Weschler said that he remembered later that Chris had talked about his birthday. He said that Chris did not ask for his birthday off, but he did mention his birthday.
Mr. Duncan asked Mr. Weschler if Misty James is truthful and he said yes, she is. Mr. Duncan asked him if Misty James has any authority in his company and he said no, only me.
Stipulation of toxicology report from Central Valley Toxicology
Judge Dixon announced to the jury that Mr. Allison and Mr. Duncan have agreed to accept the toxicology report from Central Valley Toxicology without having to call a witness, which would have been Deputy Orick. The toxicology report is of the blood sample taken from Chris' body during the autopsy. (The report was not read to the jury, but when we met with Mr. Allison that afternoon, after court was done for the day, he told us that Chris' blood alcohol level was 0.08%.)
Next witness - Detective Jeff Moser, Siskiyou County Sheriff's Office
Mr. Allison asked Detective Moser if he had visited the crime scene on the Applegate River and he said he visited it on November 20, 2012. Mr. Allison asked about the river at that location and Detective Moser said that in different places it is wider or narrower and faster or slower. Mr. Allison asked Detective Moser if Amber Lubbers pointed out where Plan B was attempted during the reenactment of the crime on May 15, 2013, and Detective Moser said that she had.
Mr. Allison showed Detective Moser exhibit #186, one of the pictures from Ms. Lubbers’ camera that she took down by the Applegate River on November 16, 2012. In that picture, Patricia was wearing her firearm in a holster. Mr. Allison asked Detective Moser to circle the firearm, which he did.
Mr. Allison asked Detective Moser about his interview with Amber Lubbers when she was arrested on December 7, 2012. Detective Moser said that he began the interview with Ms. Lubbers at 6:09 PM and it lasted for two to two-and-a-half hours. After his interview, Investigator Marc Perrin (who testified on day 11) also interviewed Ms. Lubbers Detective Moser said that prior to December 7, 2012, Investigator Perrin felt that Ms. Lubbers wanted to talk, but was too scared.
Mr. Allison asked Detective Moser if he promised Ms. Lubbers something out in the hallway prior to the interview and he said that he did not. Mr. Allison asked Detective Moser if by the start of his interview with Ms. Lubbers he had an immunity agreement and he said yes, he did. Mr. Allison asked Detective Moser how many suspects there were in the killing of Chris MacCallum and he said there were only two.
Mr. Allison asked Detective Moser why he decided to make the offer of immunity to Ms. Lubbers rather than to Patricia and he gave the following reasons:
- The statement by Jeremiah Hills that Patricia told him that she wanted Chris dead.
- The number of bullet holes found indicated a hateful crime and implicated Patricia, not Amber.
- The websites that Detective Morlet found on Patricia’s cell phone.
- The fact that most, if not all, of the witnesses said that Patricia was cheating on Chris.
- The statement of Jamus Lubbers, Ms. Lubbers' ex-husband, that he never saw violence from Amber and that Amber could be easily talked into something.
- The report by Sergeant Randall and Detective Scott of Patricia’s reaction to being notified of Chris’ death.
- The statement by Jeremiah Hills that Patricia wanted a divorce.
- The statement by Jeremiah Hills that Patricia told him Chris had forced himself back into her life.
- The fact that Sgt. Randall did not see Patricia’s vehicle on the ATM surveillance camera on November 17, 2012, the day Patricia said she had driven back out to the campsite to pick up Chris.
- The fact that Patricia said that he had Saturday, November 17, 2012, off, but the Checker Cab Company work schedule showed that he was supposed to work.
The video from the interview of Amber Lubbers by Detective Moser was taken by a camera high up in the corner of an interview room at the Medford Police Department. It looks down on Detective Moser sitting at a desk that is up against the wall, with the desk on the left and Detective Moser to the right of the camera. Ms. Lubbers was sitting on a chair next to the desk, on the other side of the desk from the camera. Her chair back was against the left wall, the same wall the front of the desk was up against. Detective Moser and Ms. Lubbers could be seen and heard clearly.
Detective Moser and Ms. Lubbers came into the room and sat down. Ms. Lubbers was crying. Detective Moser asked for her full name and date of birth and she responded: Amber Marie Lubbers, December 14, 1984. Detective Moser read Ms. Lubbers her rights. Then Detective Moser said you knew this day was coming, you just didn’t know when. Ms. Lubbers said, I didn’t do it and Detective Moser said, I know, that is why we are here.
Detective Moser, as Ms. Lubbers continued to cry, described the letter of immunity and he and Ms. Lubbers read the letter in full. Detective Moser told her, this means you are helping yourself and your kids. He asked her how old she was and she said 27. He asked her if she wanted to sign and she said she had to sign. Detective Moser said that everything is being recorded, that it is not a joke and we can’t take it back. He said that this is your future, your life.Ms. Lubbers was still crying as Detective Moser asked her if she knew who killed Chris and she said yes, Tricia. Detective Moser asked if it was his wife and she said yes, it was. Detective Moser asked Ms. Lubbers what did she do and she said she shot him. Detective Moser asked how many times and Ms. Lubbers said she didn’t count. Detective Moser asked how many clips and Ms. Lubbers said two. Detective Moser asked where and Ms. Lubbers said at the campground. Detective Moser asked why and Ms. Lubbers said lots of reasons, her and the kids.
Detective Moser said its going to be tough. She’s your sister, but look where she put you. He said that your kids would graduate from high school, be married by the time you get out.
Testimony ended and the jury was dismissed for the day
Mr. Allison reminded the judge that he needed guidance on the issue of social security benefits.
Mr. Allison gave the modified text conversations to Mr. Duncan, who said that he would look them over overnight.
From the Clerk's Docket and Minutes
9:15 - In session, James Randall begins testifying
9:55 - Recess
10:00 - In session
11:00 - Recess
11:25 - In session
11:35 - Recess
1:05 - In session
2:15 - Recess
2:40 - In session
3:12 - Misty Michelle James testifies
3:22 - Garrett Weschler testifies
(no time noted) - Jeff Moser begins testifying
4:50 - Recess
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