59th/Admiral shooting trial update: West Seattle witnesses testify

October 22, 2008 11:56 pm
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 |   Crime | West Seattle news

gavel.jpgToday was the first full day of testimony in the trial of the Alki 18-year-old charged with second-degree murder in the 10/13/07 59th/Admiral shooting; WSB start-to-finish courtroom coverage continues – here’s who testified today, what they said, and what happens next:

By Rachel Gabrielle
WSB contributing reporter

At the King County Courthouse today, the prosecution continued making its case in the 59th/Admiral shooting trial, in which the defendant — 17 when it happened — is contending the circumstances resulting in the death of 33-year-old Francisco Bailey-Ortiz were a matter of self-defense. (West Seattle Blog ceased identifying the defendant by name once it emerged that he says he was a victim of longrunning sexual abuse.)

Detective Rolf Norton, one of the two lead detectives assigned to this case, started his testimony today. Photos of the University District residence believed to be inhabited by Bailey-Ortiz were shown to the jury. According to Detective Norton, and the photos that he took, when he and his partner arrived at the residence, they found construction “caution” tape around the front door, piles of debris from the house in the front yard, and the home apparently being either gutted, torn down or remodeled.

Det. Norton recalled, “Our initial impression was that there was no way anyone was living there.” However, there was a room in the house, much like a studio apartment, that was believed to be Bailey-Ortiz’s room. The room was small, with two mattresses side by side, trash scattered on the floor as well as on the mattresses and the kitchen counter, empty liquor bottles, cases of beer, pornographic videos strewn about, a left-on television, and multiple bottles of what was believed to have been urine found.

No DNA evidence was ever taken from Ortiz’s room. It was investigated on October 16, 2007, but the defense says they did not even know about the discovery of the room until November 2, 2007, despite, they say, having notified the detectives that this could be a case involving a sexual predator; they claim that the police did not do a thorough investigation.

The jury was also presented with text messages from Bailey-Ortiz to the defendant from the month before the shooting, transcribed by Det. Norton. Most of the texts said things like “I love you, call me,” and had pictures of liquor bottles attached in the messages.

The defense will continue with its cross examination of Detective Norton tomorrow.

Also on the witness stand for the prosecution today, two West Seattle residents who were in the 59th/Admiral area when the shooting happened the afternoon of 10/13/07. One was an Alki-area resident who was driving north on 59th, approaching Bailey-Ortiz’s car, when, she testified, she saw two people inside the car fighting, in a physical struggle. She slowed down enough to see that it was two men and then saw the passenger door open; “it looked to me that he fell out or was pushed out,” she recalled about the defendant.

Another resident was outside painting his house when he heard three gunshots, but said he did not actually see the shooting. Another area resident is expected to take the stand tomorrow.

Also finishing their testimony today, Detective Lisa Haakenstad and King County Medical Examiner Dr. Richard Harruff. Key points they made: The windows were not sealed when the car was transported to the CSI processing room; a pocket knife was found in the driver’s-side door console, and empty beer cans were found on the floor in the back of the vehicle. Dr. Harruff noted the possibility that Bailey-Ortiz could have been leaning toward the gun as it fired, judging by the way the bullets had entered his body.

Also on the stand today, Bellevue Police Officer Brian Daggett, one of the officers who picked up the defendant after he surrendered at his lawyer’s office in Bellevue. Officer Daggett explained that they had detained the defendant but not made a formal “arrest” until after the defendant spontaneously made a comment about taking him to Seattle because “that’s where it happened, West Seattle.”

The prosecution is expected to finish up with its witnesses tomorrow in Judge Richard Eadie‘s courtroom.

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