Bodhi Tree Murder Trial: DAILY UPDATES, running record.

RESOLUTION: GUILTY, LIFE IN PRISON

And so it ends. "May God have mercy on your soul."

◼ "I'm here to talk about the impact on our lives by the senseless slaughter of two innocent people by a man, and I'm hesitant to use the word, man." - John Chiv/Words Worth Oct 10, 2014

◼ "Little did we know that this nightmare would never end" - John Chiv/Words Worth Oct 10, 2014

◼ Jurors, family, community members pack courtroom for Bodhi Tree sentencing - John Chiv/Words Worth Oct 10, 2014

...7 jurors took the time out of their schedules, community members that attended the trial, and the families of all victims have been waiting...

◼ link - John Chiv/Words Worth Oct 10, 2014

...He has to serve consecutive sentences... but the basic gist is he has to serve 75 years and even then with minimum parole times on other terms, it is another 25 so it would be 100 years before he is eligible for parole.

Tree sat with with an attitude, no remorse and after sentence looked at bailiffs and said "Allright, ready."

◼ We plead with the court to never release this animal to society" - John Chiv/Words Worth Oct 10, 2014

Some of the jurors were wiping tears as did Sean Butler-Smith's sister Breanne and community members. Even the court staff who were stoic and professional were shaken by the emotional testimony of the families. While Rhett August's mother attended, she chose not to speak.

Victim witness representative Marybeth read a letter from Nancy Jo Marcet, Sunshine's mother, Michael Tostado, Christina's uncle read his own statement, that of his wife, and Christina's aunt and the last one to read was Tina Schwarz, Christina's mother.

Mrs. Marcet started her letter by referring t the loss of her son, "who was taken from us so violently trying to protect Christina." The last words Alan "Sunshine" Marcet etxted to his mother on May 17, was "I love you so very much." And on May 18, she found out he was dead. This loss just on the heels of Sunshine's father being killed.

"He should not be allowed to do this anyone again," Mrs. Marcet's sentiment was reiterated by all speakers, Ms. Firpo and Judge Dale Reinholtsen.

They were very grateful to DDA Elan Firpo and the jurors who they thanked. Mrs. Schwarz even thanked the public defenders and addressed Bodhi Tree. At one point, she asked him to look at her, he didn't. She said, "May God have mercy on your soul."
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Thank you, John Chiv, for covering this case in its entirety.
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◼ Tree gets life in prison - Paul Mann/Mad River Union

A full report will appear in the Oct. 15 edition of the Mad River Union.

Thank you, Paul Mann.
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◼ Bodhi Tree Sentenced to Life in Prison - Andrew Goff/Lost Coast Outpost
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AFTERMATH:
◼ Key witness in Tree trial assualted the second time in jail - John Chiv/Words Worth Oct 11, 2014
◼ Even with the trial over, Sean is not safe; his sister's account - John Chiv/Words Worth Oct 11, 2014
◼ DDA Elan Firpo gives notice, joins well-known local firm - John Chiv/Words Worth Oct 10, 2014
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◼ Closing arguments in Tree start Thursday, expected to last a couple days - John Chiv/Words Worth 7/29/14
◼ Defense rests; evidence in Tree case complete - John Chiv/Words Worth 7/29/14
◼ People rest in Tree case; defense calls last witness - John Chiv/Words Worth 7/29/14

◼ "When someone is killed, it has nothing to do with me getting out early" - John Chiv/Words Worth 7/29/14

Williams explained why people in and out of custody come to him with information. Ms. Holmquist tried to paint him as a snitch wanting personal benefit. Both on cross and redirect, Williams came across as someone whose tips to the Sheriff's office and DA's office have led to discovery of a body and arrest of three suspects in one case; another case in which Williams wore a wire and was supposed to catch an inmate who raped his wife confessing he was planning to plot to have someone kill her.

Williams said he was going to testify whether he had an immunity agreement or any plea deal in his case because "what he (Tree) did was hideous." Williams said Tree killed a 'child", referring to Christina.

◼ The never ending jury trial; Tree case to definitely go into next week - John Chiv/Words Worth 7/29/14

◼ Williams testifies Tree allegedly said, "I am going to beat this shit and get the fuck out of here" and "I am tired of these faggot woods" - John Chiv/Words Worth 7/25/14
◼ "Because that is your opinion, not mine" Losey sets Holmquist straight on cross - John Chiv/Words Worth 7/25/14

◼ Defense tactic on cross of Brannon backfires in Tree case - John Chiv/Words Worth 7/24/14
◼ Another jail inmate confirms Tree admission about threat and shooting Rhett August - John Chiv/Words Worth 7/24/14

◼ From the "hood" to a business management courses at CR, the journey of one criminal who got "saved" by Christ - John Chiv/Words Worth 7/23/14
◼ Brannon alleges Tree said "I'm going to beat this case" and get out - John Chiv/Words Worth 7/23/14

Brannon also alleges that Tree said he would shoot Brannon in the head and not make the same mistake he did with Rhett.

◼ "I got something for you guys, I'll be right back" - John Chiv/Words Worth 7/23/14

Brannon also said initially he did not talk to police because he was in a gang and you do not snitch. Ms. Firpo brought this up because at the April preliminary hearing Brannon denied anything about a fight.

Even though he was offered immunity in April, but then he got saved, became a Christian and got out of the political structure and had a "change of heart." Reading the Bible, he dropped out of the gang and wanted to change his life. He did not want to be part of the "prison political structure"; the gang. A cellmate in Humboldt County jail was the one who gave him the Bible, but Brannon was already thinking of telling the truth before this and he wrote to the DA saying he wanted to cooperate. He also sent a letter addressed to District Attorney Paul Gallegos. This was on April 2014 before the 402 hearings....

◼ July 3 tip given to only me re Tree makes sense after today's testimony - John Chiv/Words Worth 7/22/14
◼ Best estimate: Bodhi Tree trial estimated to conclude this Friday or by July 28 - John Chiv/Words Worth 7/22/14

◼ Bodhi Tree Trial jury trial on break until Tuesday - John Chiv/Words Worth 7/9/14
◼ Murder suspect led a troubled life of crime - Paul Mann/Mad River Union 7/9/14

Note: Chiv often posts early details of court proceedings, and then fleshes the story out later in the day, so it is recommended that you check back, to catch the full post, and the full flavor of the proceedings...

◼ Second defense witness testifies out of order in Bodhi Tree case - John Chiv/Words Worth 7/2/14

◼ An uneventful morning in the Bodhi Tree case - John Chiv/Words Worth 7/1/14

◼ First defense witness testimony in Bodhi Tree case total letdown - John Chiv/Words Worth 6/30/14

◼ Touche Firpo in Bodhi Tree cross vs redirect today - John Chiv/Words Worth 6/27/14

"Are you a detective?" and "Are you authorised to open and search items" Christian responded she was not. Ms. Firpo also asked Ms. Christian if it was "realistic" to collect every item in the house. She also brought up the fact that Ms. Holmquist asked why a butcher knife in the kitchen was not collected. She asked Ms. Christian if anyone had been stabbed in this double homicide.

The last question is just one example of the completely irrelevant questions by the defense. By now, I can predict the questions and strategy of the defense. I realize they need to present a vigorous defense for their client but only one person has been identified by the witnesses, only one person had a motive. Endless questions that do not prove the defense theory only serve to annoy.

◼ Red spot on Tree's ipod, latex glove among other gloves found on Tree when arrested - John Chiv/Words Worth 6/27/14
◼ Witness testimony varies, but consistent on pre-killing agitation - Tabitha Soden/Mad River Union 6/27/14

◼ "Pretty quiet, he never said much. Didn't communicate much with anybody." - John Chiv/Words Worth 6/26/14

Yesterday and today, Dale Coultier, a senior criminalist with the CA DOJ, who works at the Eureka lab and is primarily a firearms examiner testified in detail about the process of examining bullets from the Eureka and Arcata crime scenes.

There has been no firearm recovered and he testified that there were similarities in the bullet markings and that it is possible that the same firearm was used but he could not say that definitively because he did not have a firearm to compare and examine.

For two days, Mr. Russo questioned him on cross to no avail.

◼ "They were looking for Mr. Tree, that he had killed some people" - John Chiv/Words Worth 6/25/14

◼ Today's testimony in Bodhi Tree could be summed up in one sentence - John Chiv/Words Worth 6/24/14

"I don't recall."

◼ Autopsy on Christina and Sunshine shows no drugs, no sexual assault and two atypical bulllet wounds - John Chiv/Words Worth 6/23/14

Dr. Super also said that based on autopsy alone, he could not comment on where the victims may have been in the room, the positions of their bodies when shot or where the shooter was in the room. He also pointed out inaccuracies in some of the defense exhibits which were different shot diagrams.

◼ Colin Baldridge booked into HumCo jail same as Tree witness? (a federal charge of manufacturing marijuana with an intent to distribute.) - John Chiv/Words Worth 6/21/14

◼ Gunshot wounds on Tree victims were definitely not contact wounds, DOJ criminalist testifies - John Chiv/Words Worth 6/20/14
◼ Criminalist with CA DOJ testifies about a human blood stain on front of Bodhi Tree's sweatpants - John Chiv/Words Worth 6/20/14
◼ Sexually aggressive behavior by Tree in a house that tried to show him love - John Chiv/Words Worth 6/20/14

◼ Reluctant witness does not identify Tree from stand, changes what he said mid-testimony - John Chiv/Words Worth 6/19/14

◼ Resident of Shirley Blvd describes running into Bodhi Tree who said "Peace" - John Chiv/Words Worth 6/18/14
◼ Male with dark clothing carring a bundle in his arms and walking like a tweaker seen night of shooting in Bodhi Tree case - John Chiv/Words Worth 6/18/14

◼ Colin Baldridge testifies about Bodhi Tree showing him a snub nosed revolver - John Chiv/Words Worth 6/17/14

And saying something to the effect that no one should mess with him. He said Tree had it in his grey sweatshirt. That Tree was highstrung, not stable and very verbally and sexually aggressive with females in the house.

◼ Noted in the comments: Colin Baldridge has a record: Arcata Eye February 15, 2012
◼ Really scary to see my friend lying on the floor, a reluctant Carl Moreno testifies  - John Chiv/Words Worth 6/17/14

Moreno's attitude continued on cross and when Ms. Firpo questioned him on redirect. He said due to two heavy days of drinking and memory loss, he could not recall much.

Even after Ms. Holmquist and Ms. Firpo showed him reports to refresh his recollection, he would deny statements he made earlier and in today's hearing either denied or contradicted statements he made or statements other witnesses have testified in this trial.

◼ Alternate juror causes recess in Bodhi Tree trial - John Chiv/Words Worth 6/16/14

Judge Reinholtsen also discussed scheduling with jurors because the trial was expected to conclude at the end of June but that date has been moved to beginning of July.

◼ Witnesses describe Arcata double homicide scene - Lorna Rodriguez/Times-Standard 6/13(14)/14
◼ Witness who called 911 for Sunshine and Christina testified that Bodhi Tree "hit on her" and said he doesn't usually "mess with white girls" - John Chiv/Words Worth 6/13/14
◼ Sunshine said "I am dying" as Page applied pressure to his chest - John Chiv/Words Worth 6/13/14
◼ Tree introduced himself to resident of Eye house as C Nasty - John Chiv/Words Worth 6/13/14

◼ On redirect Ms. Firpo is able to Sgt. Martinez to explain questions raised on cross - John Chiv/Words Worth 6/12/14
◼ Defense cross of Sgt Martinez raises some questions leads and investigation - John Chiv/Words Worth 6/12/14

Today is the first time the defense scored a significant doubt about investigation.

◼ He was sad for the victims, he was sad for Bodhi Tree - John Chiv/Words Worth 6/12/14

19 people were personally interviewed by Sgt. Martinez. Names were either given by civilians from the Eye Street house. Sgt. Martinez said he was concerned about Sean Butler-Smith's safety because he was providing vital information in a double homicide.

When he saw Smith at a skate park, he checked on him. It was at this time that Smith shared information on the Eureka shooting of Rhett August.

◼ Tenuous Witness Cred Erodes State’s Case Against Tree - Paul Mann/Mad River Union
◼ Defense questions handling of witness interviews in Tree case - Lorna Rodriguez/Times-Standard 6/12/14

◼ Blakewilliams who is hostile to cops had demeanor changed when he heard about Sunshine and Christina - John Chiv/Words Worth 6/11/14
◼ Mickey's malt liquor popular among younger and travelling folk Arcata - John Chiv/Words Worth 6/11/14
◼ Photos of a messy Eye Street house and bloody bedding where victims were found shown in Bodhi Tree case - John Chiv/Words Worth 6/11/14
◼ Arcata police sergeant describes interview with Tree - Lorna Rodriguez/Times-Standard 6/11/14
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◼ Bloody photos of Sunshine and Christina with description of wounds shown to jury - John Chiv/Words Worth 6/10/14
◼ "Visually could see several gun shot wounds" Det. Dockweiler testifies about Alan Marcet's body - John Chiv/Words Worth 6/10/14
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◼ Both breasts were exposed, blood from right side of her head - John Chiv/Words Worth 6/9/14

Testimony started in the Bodhi Tree case today with the case shifting to the Arcata murders of Christina and Sunsine. Officer Jeremiah Kasinger testifying. Christina's mom is in the audience. She has been very stoic and calm whenever she has been present.

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◼ People could take a lesson in class from Casey Russo - John Chiv/Words Worth 6/6/14
◼ Melvin Matthew's sentencing delayed due to his contempt in Bodhi Tree case - John Chiv/Words Worth 6/6/14
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◼ Upton held in contempt, Matthews refuses to testify in Bodhi Tree case - John Chiv/Words Worth 6/5/14

Despite Judge Reinholtsen ordering him to testify, Steve Upton refused and was held in contempt. Melvin Matthews refused to come to court and Judge ordered him brought to court. Matthews also refused to testify. Judge also held him in contempt. Both had immunity agreements.

◼ Heard shots, Rhett scream and " run upstairs into my arms" - John Chiv/Words Worth 6/5/14

Rhett August's friend Jonathan Buhne testified today... He said they were eating dinner, watching movies, playing video games when shots were fired, they heard Rhett scream and "run upstairs into his arms."

◼ Bloody clothing, bullet strikes and Upton's demeanor as "nervous, upset" - John Chiv/Words Worth 6/5/14

Today, EPD's Sgt. Stephen Watson is testifying. His testimony was about that he assisted in collecting evidence, helped secure crime scene. He was both at the hospital and 1936 J Street and pointed out bullet strike to Officer Cosetti, the evidence tech on side of building where the garbage can was located.

When he was at the hospital, he was told by Officer Wilson who Steve Upton was and why he was there. He observed Rhett August lying on the stretcher in the hospital, he was the one who collected the bloody clothing. Sgt. Watson described Upton's demeanor as "nervous, upset and back and forth."