News 9's Lisa Monahan was inside the courtroom Tuesday as the murder trial for Becky Bryan entered its seventh day. These are her notes and not a word-for-word representation of what was said.
STATE'S 18th WITNESS STAN MILLER - NEWS 9 ANCHOR
ACQUAINTANCE OF BECKY BRYAN'S Brother
We talked that morning david and I via text messages and i cant remember
Did you talk to Becky? yes, I did in fact start speaking with becky bryan by phone
What time? I got off live shot at 7 o'clock. I would say sometime between 8 and 9 am
did the person on the phone identify herself? yes as becky bryan
did she provide any details of what happened to her husband? yes.
What do you remember her telling you about the shooting?
i asked what happened and the only thing i clearly remember is that she told me she was in another room, she heard gunshot commotion, she went into the area and confronted the man in a black hoodie and he turned to her and said he should have f*** hired me
did she say what the commotion was ?no
did she provide any other detail about the man or a description? no
just a black hoodie? yes
Did she say how the intruder left? yes , that he ran out the garage door
did she say what she did ? he did not
Is that the extent ? as far as i can remember
The family and david called you because there was a lot of press and a lot of questioning going on, correct? yes
there was talks of putting out a description of the suspect to the media correct?
I don't recall that
How long of a phone call did you have with Becky Bryan? it was brief
I said I would come to hospital and at that point i ended conversation. I went down in my own car and we were assigning a photographer to follow me down. The photographer did not arrive before me
when did you get down there ? all morning because i did live shots and cut ins all morning
at some point she was wanting to do a media statement ? i dont recall
while you were at hospital did you have a 2nd conversation? yes
how many total? 2 conversations
you said the phone call was brief? 3-4 minutes
conversation at hospital? very brief, i approached her with david and we were introduced.
i remember seeing Ted.
you know Ted? I know ted because of the story.
When we walked up Ted had his arm around her consoling her. and a couple of other people there that I don't know.
You said Chaplain wilson had his arm around Becky? yes
Did she seem distraught? oh absolutely
Was she crying ? no
Describe what you mean by distraught ? most seemed to go toward they would not release the liver, so they could harvest the liver for Ted Wilson
I recall Wilson saying don't worry about the liver this is not about the liver.
STATE'S 19th WITNESS MARTIN SOLORZANO - OSBI AGENT
The interview lasted 36 minutes.
did you share with agent wright what gun might have been used? i believe so
what type of weapon? a Ruger LCP
you drove straight from hospital to residence? yes
other officers at the house? yes
heather from OSBI arrived and we started search sometime after 6 am i started in the utility room.
when you went in house to look for projectile did anyone else go with you ? yes
initially you are just focusing on the couch looking for the projectile? yes
what was your role in the search of the couch?
we took upholstery off and we gut out the bedding.
at that time everyones main focus was fining the projectile ? yes
was it found? yes
was in found in the couch? yes
did you handle the packaging? no
did you ever see it after recovered? from a distance
DIAGRAM OF HOUSE
please show jurors what areas of house you personally searched? the living room, assisted searching bedding of cushion
(In the utility?) there was a washer and dryer and some cabinets
had you been directed or assigned to search? no
is that an area you decided to start searching? yes
when you began your search was there any evidence specifically you were looking for?
with info from ms bryan we were looking for anything an intruder may have left behind.
did you use any instrument to document what you were doing?no
were you searching by yourself? yes
tell us what you did in your search? i said i think i want to start somewhere in the front
agent shawn wright was somewhere was in the living room.
sometime after 6 i put my gloves on walked over to the cabinets and then i looked in them. then i looked back and saw what i thought was a towel in the dryer. i walked over and pulled out a garment and some things fell out.
when i looked down i saw a gun and an off white glove and one single casing and a fireman's blanket.
I just kind of opened the door reached in for a second and pulled out of the garment.
did it appear as though there was anything else in the dryer at that time other than the towel? no
what happened when you pulled it out? i pulled it out, and things fell and i seen a handgun against the baseboard.
do you remember if the dryer was completely closed? i don't remember - i remember it being closed and me opening it
after you found items what did you do? i talked to agent wright i gave him a time of when i found the items. i remember it being 615am
we discussed me writing a report but we decided there would be just one report documented.
did you search any other areas of the house after that ? no
where did you go? i remained in living area until all items were packaged and documents. we all had a briefing
what time did you leave the house? dont remember
can you fast forward to sept 23 - on that day did you obtain dna evidence from the defendant? saliva samples and dna samples
how did you obtain samples? we got a search warrant
how do you actually obtain a dna sample? physically? yes
we have sterile cotton tip applicators that look like a qtip and e swab the inside of gum lining and let air dry and then you seal em inside an osbi envelop and submit to the osbi lab for analysis.
the swabs- are they part of a kit? they are stored or crime scene agent carries them or the property room
what time of day did you collect sample? 440 n the afternoon
how in this case did you collect it from her? myself and osbi agent danny sanders went to see judge to get court authorization to obtain the swab and then we met agent shawn wright a& cami mcneil and we went to candaian county jail to get swabs of her
CROSS EXAMINATION - MARTIN SOLORZANO
you said they told you there was a witness? yes
and did you know who that witness was before you got to crime scene? i believe it was the wife
Det. Mcneil -she said she was on the way to the hospital and i told her i would probably be going with her.
Why did you feel the need to go with her? cause OSBI had been called in to assist the mustang police department
how long was the OSBI crime scene academy? 10 week training academy
are they allowed to go out and work scenes before completing the academy? i don't believe so
do you know if the two agents at the scene had completed the academy? that i don't know
so someone who has not completed the academy can go out and work a homicide? yes
did mcneil tell you she had conversations about what happened? i believe she said she got consent to get into home and that she had some initial information
when was the first time you knew a gsr had been run on ms bryan? at the hospital
and thats from ms bryan telling you ? yes
does osbi have protocol on running gsr? yes if its a shooting and its 4 hours or less and we
does the kit also contain swabbing for the face? i dont know
why have you not used it? cause i have not had a case where i am first on the scene
you believe the person who shot keith was wearing a gun?yes
do you still think that today? yes
the shooter could also have gun shot residue on their clothes? yes
wouldn't run a gsr on someone if they weren't a suspect? thats partly true
when the gsr was run was becky a suspect in the case ?no
you all set in a room? is door opened or closed ?closed
just you, det. mcneil and ms bryan? yes
and you conduct an interview ? yes
one of the first thing she tells you is the first time she saw shooter he was on top of keith? no
when you started talking about the shooter
you would agree with me that people start to make assumptions between what they saw ? yes
you know becky is a realtor? yes
when you talk to her she cant remember her own phne numbe - did you think that was strange? no
why not? she doesn't call her number
you saw that keith bryan called her at 802? yes
any reason to doubt that she got home between 802 - 830? she talked to him for 30 minutes
have you ever reviewed linda cooper statements? no
she says she heard a female laughing on the back porch at 8 pm ? but you dont think she was home then- so something is inaccurate? no
why ? i dont know that because i dont know it to be true
ms bryan asked for her phone?yes
and you started reviewing whatever you wanted to on her phone? yes
she said here look at whatever you want? she didnt use those words but she gave me permission
you didnt download her phone did you? no
how long did you review her phone and take data? a few minutes - her phone went dead
thats what stopped the review - the phone needed a charge? yes
did you actually gather data during that review? i believe i wrote down three numbers
did you look at the text messages? no
you said they had found some guns underneath the mattress? yes
gun shot residue is transferrable? yes
so if you pick up a gun you are transferring? thinking after the fact yes
so you could be transferring evidentiary material to other items? yes
why not change gloves before doing so? i don't know
typically i double glove
what is intriguing to you about going to utility room first? nothing, a starting point
The door is open on the washer- did you do that? no
you said the gun and shell casing fell out on the floor-
I think we know there was no photo taken of that shell? yes
there were over 700 photos taken n the house? yes
do you agree someone should have taken a picture of the shell casing to document where it was at? yes
later on the blanket gets examined at the house, correct? are you apart of that? no
did you know that they allowed becky bryan to go back into the room and lay on the bed? no
did you know sgt collins let her come back in and sit in the chair? no
would you allow her to do that ? depends
you know you dont let people come to the scene so not to contaminate the scene? correct
and that you dont want that person to be incriminated? depends
so why would someone be able to come and sit down feet from where someone was shot? i dont know
you had gloves on when you open the dryer door ? yes
and you do that so you know that not to contaminate the scene? yes
and you know that the dryer was never finger printed? i later learned that
would agent solorzano would have wanted that dryer finger printed? its possible i would have.
if you find unknown finger prints it could establish some unknown person opened that dryer? yes
do you know who made the decision not to fingerprint the dryer? no
you agree if fingerprints were taken it could have made a difference in the case? i dont know
so you would agree that at that time you guys already determined becky was the shooter and unprofessional investigation occurred? i disagree
you would have fingerprinted the dryer door? from what i learned from becky at the hospital, yes
did you know that mcneil went to police station to also get the report from a burglary of a gun at her son kent bryan's house.
do you remember her saying it was two weeks prior that kents gun was stolen > no
but it was actually 6-8 months before
do you know who JW Jones is? no
you have never heard that name before today? no
he said he witnessed a vehicle matching becky bryans description driving eastbound 152 around 10 pm ? not til later
if someone had given that information to OSBI on Sept 22 that would be important info to investigate wouldn't it? that would be important lead to follow up on
what would you do if that lead was assigned to you? i would interview mr jones.
if you learned about it the next day that would have been important to look?
OSB looks at security cameras typically ? yes
To your knowledge did you secure any footage from security cameras? no
if you had learned there was a vehicle spotted in the area would you have gone and looked at security cameras ? its possible
have you ever been involved in a shooting? not like this one
were you at all apart of teh search of the master bedroom? no
STATE's 20th WITNESS - Shawn Wright - OSBI CASE AGENT
Special agent for 5 years.
what is a case agent vs crime scene agent ? crime scene agents are specialized in focusing on the crime scene
you were case agent - means you were the agent on the shooting of keith bryan
at 1145 at night i received a call from joe ferrero asking me to respond to the shooting
is that when you were told you would be the case agent ? no not at that time
do you remember what info was provided by agent ferrero when he asked me to go there.
he knew since i lived in mustang i would know the area.
did he tell you the victim? i don't recall
what time did you arrive on scene? i believe approx. 1 am on sept 21, 2011
what did officer on scene tell you ? it was first time i learned the name becky bryan and that her husband, the victim, was the nichols hills fire chief.
were you apart of the documentation at the scene ? the actual documentation and photography of scene was left to mustang pd
what did you do? at that point primary job was to stay out of photographs
we walked perimeter looking at tree lines
when you entered residence for the first time - what purpose? to get an idea of the scene
when you first made entry - was that for a search or did you search later? later
just for initial information.
anyone not involved with law enforcement in the crime scene when you arrived? no
i noticed a few drips of blood on the carpet area in front of the couch - from initial observation i believed it was from during transport.
we did a grid search ? - each person takes a room
when did you know agent solorzano - went w/mustang to interview at the hospital.
when i arrived.
when did you find out ? it was much later
what info did he provide? several things he had interviewed becky at the hospital and he was about to leave and come back to the scene and he told me we were possibly looking for a Ruger LCP
when you first entered the house why did you not start searching the house immediately? to not get in the way of the photo of the crime scene by mustang pd
if i remember it was lengthy 2-3 hours
then you searched? yes
we noticed a defect on the front of the couch cushion?
how did you attempt to locate the projectile? we cut and l shape in the couch to see if we could locate a projectile once the upholstery was removed
did you find the projectile yourself? i did find it in the cushion
state exhibit 33- close up of cushion - projectile
do you know how decision were made to know where to search - there were not a lot of us.
after searching for casing- what area did you search
Agent Slorozano said something like hey guys you are going to wan to see this
i also think its significant to say i heard something like brass hitting the floor
what would that sound like - the shell casing
did you go in there? he was kind of backing out
was anyone else in there with him at that time?no i was in the living room near the kitchen
was he holding anything in his hands? i think he had laid it on the floor
what did you see ? i saw a small black semi automatic handgun a throw blanket and a brass shell casing in the middle of the floor.
i don't remember seeing the glove, though its depicted in the photograph
did you collect those items? no i did not - Agent thompson did I believe
by looking at the casing could you tell? i'm not an expert but thought it to be of 40 caliber
the gun looked like a .380 - so i was familiar with what the gun looked like
what did you do after - did you search any other area? we went to back bedrooms and looked in those areas at some closets and bathrooms
several guns in the master bedroom
also some luggage on the floor of the master bedroom
and i found something that i felt was of evidentiary value between the mattress and box springs
on becky's side of the bed
how did you know it was the master bedroom - there was luggage with female clothing a double tree receipt
What did you find ?
Ruger LCP .380 gun box
a receipt with keths name on it
another gun wih a 25 auto and it was in its box and several boxes of ammunition
there was a club tucked between the mattress and the box spring
did the search of the master bedroom happen before agent solorzano found the gun? yes he was not back from the hospital yet
did you make a comparison to see if that gun box matched the gun found? yes the serial number matched
STATE EXHIBIT 35- mattress lifted off box springs on what i have been referring to as becky's side of the bed
STATE EXHIBIT 36 - closer photo of same items
STATE EXHIBIT 37- picture of open gun box
STATE EXHIBIT 38 -box of ammunition - its black and gold and says blazer brass - the box will hold 50 rounds - there are 45 in box - 5 are not there
STATE EXHIBIT 39 - box labeled independence - 16 missing - but interestingly it was marked with the same blazer brass
STATE EXHIBIT 40 - again a more close up of independence box w/ 16 rounds missing - with ammo marked blazer for 380 auto
Did the ammunition you found in the independence appears to be the same in the blazer brass box - i didn't notice any difference- marked blazer
STATE EXHIBIT 41 - the end of ruger 380 box that shows the serial number
coin envelope- its something we refer to as a test fire - that gun manufactures provide. it would have been a spent casing from the weapon.
where was that envelope found - in the ruger box in the bedroom
did you make any comparison to the gun - gun box? yes i did
anything else found between mattress and box springs - not that i recall
did you collect the items from the mattress and box springs - no it would have been crime scene agents.
when did you find this - before martin found gun?
Martin had not returned from hospital when i found these items it would have been around 415
martin found the gun in dryer somewhere around 630 am
anything else you found? earplugs found on vanity - that can be associated with firearms
you found other guns? yes in what appeared to be keith's closet - a cabinet that had several long guns, riles, and a gun in a holster
what other areas did you search after- study and another bedroom - i don't believe we found anything in that area of the house
did you collect any items of evidence from the house? i don't recall collecting any - that would be crime scene agents
the projectile you fond? crime scene agent
did you search any other areas other than westside? yes a door - it was a door that led to unfinished stairs and unfinished area - we walked around believe we found a box of 22 ammo up there
how were you making decisions on what part of the house to search - you told us wen you arrived you didn't know anything other than someone had been shot when you first arrived- correct - yes
do you mean a plan or pattern? there are any numbers of way -one is to start close from where the shooting occurred and work out to a spiral. the other is a modified grid area.
any other areas- the back patio. we saw some masonry work being done
we also searched a 2nd master closet - we didnt find anything and a garage that had a harley davidson and a freezer. that pretty much covers the interior
exterior? cars in driveway? a tahoe that had firefighter stickers
also, a small blue pickup that i had glance down consider it a s10 chevy.
did you find anything related to case? we did not
did you look at the residence across the street? yes
across from bryan's driveway there was another driveway and i noticed a mark.
i had crime scene agents photograph what looked like a tire had left a mark
describe the dirt and vegetation on that driveway - the vegetation appeared to have recovered in other words it was not smashed down to be anything that occurred recently.
it is commonly considered a skid mark but i would call it an acceleration mark.
at some point did you meet with rebecca bryan - on the 21st outside of mcneil's funeral home ? yes
first encounter? yes
she said , "we already got the son of a bitch or we wouldn't be there "
prior to going to funeral home - to your knowledge had anyone told the defendant the alleged shooter had been shot or had shot himself?
to my knowledge i had not heard anyone say the shooter had been shot or shot himself
had you heard about the suspect being shot or killed ? i had not
stipulate and agree - HTC telephone state exhibit 44 was the telephone becky bryan used and that it was handled properly
EXHIBIT 44- i wrote sprint
the phone was sealed in an envelope? yes
folders contain - phone / test fire / contains
searched her office - file cabinet
12 page hand written letter - its signed your truly becky
have you reviewed that document - yes
where did you find that ? i don't remember in desk or file cabinet
was there a reenactment of someone leaving the bryan residence-
we filmed the car at different speeds to determine how long it would take to
AGENT DESCRIBES HOW THEY PERFORMED REENACTMENT
CROSS EXAMINATION -
being your first case did you go wow? anytime its a homicide its intense but not panicked.
we have a dryer - is that the perpetrator placed the gun in the dryer
the case we are here on it is being portrayed the perpetrator placed the gun in the dryer - is that fair? yes
and in such the dryer may have had evidentiary value? it did
so who makes the decision at that time no to fingerprint the dryer? i dont know that there was an active decision not to - it wasn't - but i don't know anyone said we are absolutely not going to finger print the dryer
i believe with hindsight it would have been a good idea to finger print the dryer but i think when we found that the focus shifted
what one of the boy gave you consent to go back in?
what i'm saying is you had access to crime scene until sept 21 - so you would have had opportunity to finger print the backdoor? several witnesses at hospital said that the intruder came in the back door.
when you are going in garage area were you worried about contaminating the scene.
did you know before you went in that it was suspected the intruder left
did chief folley tell you becky was a suspect? i don't remember that i remember him saying she was the only witness
did you know that a gun shot residue test had been done on becky before you arrived? i Was low light done? we had been up and down the stair way but we couldn't make a decision one way or another
would it have been a good idea to put the light down on the garage floor to look for footprints? with the amount of traffic there is the potential it would not have contained evidentiary value
but we don't know cause it wasn't done? correct
did you ever direct the photographers to take pictures of the footprints? no
in your search of the house did you find any 22 firearms? there could hav been but i dont remember specifics
did you not think it was strange to find a 22 shell laying on the floor in the kitchen? it caught my attention
and it caught your attention someone could have gone up the stairwell where you found 22 ammunition? we found the ammo but i don't know if someone went up there.
i said i looked at stairwell and didn't fin evidentiary value?
but you said you saw prints?
the prints i saw didn't look like anything that happened in the last few days. the prints had additional dust on them so it didn't look recent
low level lighting can be photographed? correct
but we don't have any photo of what you saw with low level lighting? no i didn't have em take any cause i didn't see anything of evidentiary value.
i know you talked about drop of blood near the couch- did you have it photographed? it is depicted in some photos.
there was a series of drops here on the carpet off the couch that did not appear to be high velocity or blood spatter - so i assumed it was from paramedics transferring him to a stretcher that was my speculation?
do you look for spatter ? yes we just look for any evidence from the blood
by naked eye? yes.
any other technique to determine ? yes if you see by naked eye - then we can do some processes with photography etc
were any agents with you on hat initial walk through?if so it would have been ferrero
DISCUSSION OF DRIVEWAY - illustrating acceleration mark
**portion missing to put together live report for news9***
would you agree with me the gun would have gunshot residue? yes
and they should changing gloves so as not to transfer GSR? items were all found in the dryer so the potential already existed for the GSR to be transferred.
agent solorzano does not remember what he did with the blanket? to my recollection he ad already laid it on the floor as its depicted in the photograph - i now he talked about unfolding it but i dont recall that occurring
did you go to the master area? i remember seeing all the guns and there was a more thorough search of the bathroom that i was not involved in,
you found a club- thats what i called it
you found a glock box? yes i did but i dont remember specific contents
you agree there was not a 40 caliber glock ? thats correct there was no gun
do you know who ‘s glock? i learned after that keith owned a 40 caliber glock- the box was found on his side of the bed
has anyone ever found that gun? if they have... they haven't told me
do you think its possible that gun was stolen? i don't have any information either way
usually when one sells a gun you include all it, of that goes with it? are you asking me to speculate
just asking if you sold a gun wouldn't you also give the box? yes
the box under keith bryan's bed - why was that not photograph? i have no answer
is that something you would have wished you had? i don't know what a picture of the box would do.
well,has anyone hunted for that gun? not to my knowledge - it was never reported stolen or anything to that nature
did anyone from mustang pd tell you it was tried to be reported stolen but they would not accept it? i have no knowledge of that.
where was this box at ? the wooden headboard was deep and stood out from the wall so it was kind of tucked behind the headboard if you will on keith's side of the bed
ti know its not depicted in the picture but there was also a Ruger receipt inside that box? yes
what is that - 1st page a photo copy of sales transaction at H&H for a Ruger lcp 380 caliber with what appears to be keith bryan's signature
also page two of transaction.
i came into the possession of the box of the gun that was stolen.
you photographed the contents of the box correct? yes
who purchased that gun? it was kenneth bryan
did you ever learn the circumstances about that gun being stolen? ive heard some thing about it
do you know what day? i have no first hand knowledge
do you know the fingerprints were given to the osbi? have you or anyone interviewed that individual? no, not that i'm aware of
have you bought guns at h&h? i try to find em a little cheaper
how many bullets were found in the gun? i believe there was one in the chamber and 4 in magazine.
and then we know one hit mr bryan ? yes
thats 6 bullets? yes
there was as picture showing there are five missing shells.
Defense exhibit 45 & 46 depicts the box of ammo
the picture shows five missing rounds? from this box yes
now there was also a box that said independence? the box said independence but the bullets said blazer brass
do you know why the box says independence and the bullets say blazer? one could be that they unloaded magazines into the box. the other is thats how independence marks its bullets
did you know that independence is a knock off blazer brass? recently,yes.
do you know if gun powder was tested in the independence compared to gun powder of blazer brass? not that im aware of
you've heard that they test a certain lot to check if they all come from same manufacturer time and place? yes
but as we sit here today we dont know if that has been done from the osbi? if it has i'm not aware
does it seem odd that there were 5 found and 1 that hit keith ? no it could have been that magazines were unloaded
the meeting with becky bryan in sept 2011? yes
you said she was under the belief that someone had been caught or killed themselves? i believe what she said and its not a direct quote but close. they have already caught the son of a bitch or they wouldn't be here, meaning us at that time.
do you know who JW Jones is? i do
how do you know who he is ? the reports and an interview i did with him.
when did you interview him?
i interviewed him yesterday.
who interviewed him before ? francia thompson
she didnt print that report until april of this year correct? yes
now he came to you on sept 22 didn't he? he did
why would she wait until a month before trial to come forward with that info? it was an oversight on her part
the info he provide is critical - that fit the description ms bryan gave to police? i wouldn't classify it as critical
but it was important? it could be classified that way
well the info by JW Jones put someone in a vehicle similar to description around 10pm driving erratically?it wasn't described as erratic
well he told agent thompson that it he almost hit a car?
is it safe to say you didnt now about that info in sept 2011? i did not know
is the first time you were given information given to francia(SP?) thompon in april? the last month or two
is that info as a case agent you would want? i'm not sure how to answer that
did anyone ever search for security cameras along the route from rose hill to 152? no
thats a technique to get info from security system? yes i remember asking officers at the scene if there was any security camera footage
have you gone back in the last couple weeks attempting to locate that? i have not
has anyone else done so? i heard some speculation but i don't have any first hand knowledge
now francia thompson interview mr jones? was she at the time of that interview? was she a crime scene agent? yes she was a crime scene agent at that time if it was otherwise i didn't know about it
so you wouldn't be her supervisor? no i'm not her supervisor