Jury out of the room, defense continues

Walter Ryan confirms a CD is the phone conversation between Fred and Kellie on December 27th, 2005 when Kellie asks Fred to come to the sheriff’s office to give her an alibi.

The defense has filed several motions about this particular phone call. (ie. motion to supress – yet now they’re playing it)

The phone call:

Kellie: I need you to come down here

Fred: Why

Kellie: I need an alibi for last night

Fred: I’m on my way

Fred: Love you, bye

(This is not a complete transcript of the phone call, just a few bits and pieces)

Digital recording of Ryan’s conversation with Lynne Craven – from January 27, 2006.

(Defense has tried to get Craven’s ID of Cooper supressed)

Listening to the recording of the conversation between Ryan and Craven

Lynne Craven said Cooper came to her office in Gateway Dec 23, 2005 asking for the gate code to Cypress Pointe.

She told him his roommate would have to give him the code, she couldn’t give it out.

She says he was in there about five minutes, didn’t give the name of who he was renting from.

Says he left on a motorcycle. (you can hear a dog yelping in the background of the recording)

She says he had a goatee or a beard, didn’t make a big impression. He had very short hair.

Ryan just showed Craven a photo array and is asking her to identify the person who came to the office that day.

“They all look so much alike,” Craven said.

“Number three” (Cooper was number three in the photo array)

Craven: I couldn’t swear

Ryan: But you think it’s three

“That’s the one that caught my eye at first glance,” said Craven.

Detective asked her to write that she thought it was him but that she wasn’t 100 percent certain. She says it looks more like three than any others in the lineup.