LAKEPORT — The prosecution showed a DVD recording of the police interrogation of John Gray to the jury during Gray”s murder trial Tuesday, a day that also included testimony from the defendant”s girlfriend and the arresting officer.
The DVD ran nearly 25 minutes and was the last piece of evidence or testimony seen by the jury before the trial recessed for the evening, concluding the trial”s third day.
Judge Arthur Mann presided. Deputy District Attorney Art Grothe represented the Lake County DA”s Office and attorney Kevin Ikuma represent Gray.
Gray faces a felony charge of murder with two special allegations of inflicting bodily harm and using a deadly weapon on another person after authorities allege he bludgeoned to death his then-roommate Eric Joaquin during the early morning hours of Feb. 28, 2009.
Grothe introduced the DVD into evidence during the testimony of Sgt. Corey Paulich of the Lake County Sheriff”s Office, the lead investigator of the LCSO investigation into Joaquin”s death.
Paulich was the last of four prosecution witnesses called Tuesday.
Paulich said he arrived to Gray”s Clear Lake Riviera house on Del Monte Way around 11 a.m. on Feb. 28, 2009, nearly an hour after authorities first responded. A third roommate, Garrett “Cody” Watts, testified Oct. 14 that he found Joaquin”s body at Gray”s house around 9:30 a.m. on Feb. 28, 2009.
Paulich said he interviewed Gray on the evening of Feb. 28, 2009. The DVD depicted that interrogation.
Gray appeared to be fidgeting, couching and blowing his nose during the first 10 minutes of the interrogation, as shown in the DVD. Gray had been taken into custody around 4 p.m. that day.
Grothe said in his opening statement Oct. 13 that the evidence would show that Gray killed Joaquin while under the influence of methamphetamine.
Paulich asked Gray many times to describe what he knew about what happened to Joaquin, according to the DVD. Gray answered “no” and “I don”t know” to many of Paulich”s questions.
At one point in the interview, Gray asked Paulich, “Is Eric OK?” to which Paulich replied, “Eric”s dead.”
Paulich asked Gray about the events of Feb. 27 and Feb. 28, 2009. Gray responded with short answers.
Grothe showed the jury a portion of the DVD, showing roughly the first 25 minutes of Paulich”s interview of Gray.
Barbara Wallace, Gray”s girlfriend since July 2008, was the second witness called to testify Tuesday. She described the circumstances around Gray”s arrest and her discovery of the alleged murder weapon nearly two months after the incident.
Joaquin had been living at Gray”s Clear Lake Riviera home since October 2008, according to Wallace.
Wallace testified that Gray had been staying at her home on Terrace Way in Clear Lake Riviera for four consecutive nights prior to his arrest on the afternoon of Feb. 28, 2009.
Wallace said that she and Gray smoked methamphetamine together on Feb. 25 and Feb. 26, 2009 and that she did not see Gray use methamphetamine at any point on the evening of Feb. 27.
Wallace testified that she slept in her bedroom from 12:30-8:30 a.m. and did not hear Gray leave during that time. She said she woke up around 3:30 a.m. to let her dogs use the bathroom, and she saw Gray sitting on the living room couch.
Gray”s dog Tesla was in Wallace”s house when she woke up at 8:30 a.m. on Feb. 28, 2009 but was not there at any point between Feb. 25 and 12:30 a.m. Feb. 28, according to Wallace”s testimony.
The authorities allege Gray left Wallace”s house sometime between 2 and 4 a.m. and returned to his house on Del Monte Way to pick up his dog, bludgeoning Joaquin with an aluminum baseball bat at some point while at his house.
Wallace said several law enforcement officers came to her house around 3:45 p.m. on Feb. 28, 2009 to talk with Gray about Joaquin”s death. She said she had heard about Joaquin”s death minutes earlier, and when she told Gray, it “seemed like he was upset.”
Wallace said Gray went outside to speak with the officers and was arrested at that time.
An officer then asked Wallace if Gray had any clothes in the house, and according to Wallace”s testimony, she retrieved a pair of Gray”s shoes that appeared to have a red substance on them. Wallace said the officer told her to place the shoes in the same spot she removed them.
Wallace testified that she had been given permission around early May 2009 to begin cleaning Gray”s house and the bedroom where Joaquin”s body was discovered.
She said her and two friends began cleaning one day, then return the following day to find the house had been disturbed. According to Wallace, the window screen outside Joaquin”s bedroom had been removed, a closet light had been left on and a loaf of bread was left of the counter, none of which she or her two friends had done.
Wallace said she began doing cleaning and found an aluminum bat behind the front door. The bat was standing upright, barrel down and appeared to have a blood-like substance on it.
Wallace said she called a private investigator hired by Gray”s defense team, who came to the house and told Wallace to call the authorities.
Grothe said Oct. 13 that the bat found in Gray”s house had Joaquin”s blood on it and was determined to be the murder weapon.
Sgt. Jim Samples of the LCSO was the third witness called Tuesday. Samples, a detective at the time, was the officer who arrested Gray.
Samples said he arrived at Wallace”s house around 3 p.m. on Feb. 28, 2009, asking to speak with Gray.
Samples testified that when Gray came to the door, he told Gray they needed to talk about what happen to Joaquin at Gray”s house, at which point Gray started to walk away.
Samples said he followed Gray into the house and put his hand on Gray”s arm. Samples said he observed Gray”s fist clenching and “felt he was going to become combative with me.” Samples and another officer put Gray into handcuffs at that point.
Frank Rivero, deputy sheriff with the LCSO and current candidate for Lake County Sheriff/Coroner, was the first witness called Tuesday.
Rivero testified that he was the first law enforcement officer to arrive at Gray”s house the morning of Feb. 28, 2009. He said he secured the scene, then let two paramedics into the house to check the condition of Joaquin.
Rivero said the paramedics told him that Joaquin was dead. Rivero said he then removed himself and the paramedics from Gray”s house. He saw no other person enter the house from that time until he turned control of the scene over to detectives around 11:10 a.m.
The trial will reconvene today at 9 a.m. and continue Paulich”s testimony.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him directly at 263-5636, ext. 37.
