Monday, December 19, 2011


Today, December 19th 2011 was the final closing arguments in the preliminary hearing for the People VS. Kari Abbey. It was requested of me by the defense to be there and bear witness to what many of us thought was going to be a travesty of justice.

Chief Deputy District Attorney Dave Harris, of Scott Peterson murder case fame, started things off with a litany of charges.

Barely audible, he sat and muttered from his chair like a reluctantly false prophet.

He said all of the evidence showed that Rita Elias was an actual tenant of the house - that it was her home. He referred to the actual tenant of the dwelling as her roommates who were “trying to evict her”.

Harris painted a picture of Abbey going to the house which was apparently where Rita “lived” with several large males, including Abbey’s husband, Benny Taylor. Inferring that Abbey entered the house, dragged Rita Elias out by her hair and beat the hell out of her on the front porch.

Then, Harris went on with his colorful strokes at the truth, that Rita was forced back into the house by Abbey’s father threatening her with further “beating” by Abbey. A house which had no phone. “Rita Elias had no way to call 911” - “Kari Abbey used her status as a police officer as a weapon”.

Most of Harris’ citations were sensationalized to the point of ridiculousness and contradiction of testimony given by the same witnesses he attempted to cite - and most of these were Proposition 115 hearsay testimony by cops.

His opening statement was actually rather short, but effective enough to give anyone who may be the first to hear of it the impression that Kari Abbey was a crazed criminal - an extortionist that surrounded herself with overgrown family members, pumped up on steroids, all in an attempt to extract money from people and throw them out of their “home”.

Over and over again he used expressions to seemingly flesh out what had already been determined by Sheriff Adam Christianson, himself, as an obvious act of self defense by inserting falsehoods in the form of expressions misplaced within his dialogue - “forced entry” - “We’re gonna get money or get’ em out” - “They went there to throw these people out into the street” - “She severely beat Rita Elias” - “She ripped off the county”.

Then it was Abbey's defense attorney Michael Rains’ turn to speak. As though his knees were about to buckle under his very own weight, Rains pushed himself up from the table, where he sat next to Kari Abbey.

“Your honor….In this case, the entire judicial system is on trial. If there was ever a case where a crafty DA will re-construct the law to turn absolute self-defense into a murder charge - this is the case. Right here.”

Rains went on to cite those things that we do not hear from the Modesto Bee’s puppet reporters. Things such as the shooting actually not happening at the doorway where Rita Elias was “staying for a couple of days at a time” but up to seventy feet from there outside. And that at no time was there forcible entry, because Kari Abbey never stepped foot into the house.

He went on to point out the obvious. That despite facts, testimony or any reality whatsoever, Harris and his press hungry DA crew were going to do whatever it took to paint Kari Abbey as a terrible landlord, a terrible cop, a horrible mother and a horrible person - a real “killer”. A roided-out monster.

Rains went on to recite preceding testimony that Rita Elias was really not a tenant at this house at all. Especially in consideration of the testimony from the actual residents saying that for the most part Rita Elias was homeless, staying there for a few days and then leaving for long periods, living most of the time as a squatter in abandoned homes.

And then Rains went on to make several other pertinent points that Crafty Harris had done everything he could to keep hidden:

1. The United States postal service had no record of Rita Elias ever living there.

2. That Abbey did not come to the house unexpected, that she was there by appointment. An appointment derived from two previous telephone conversations with the actual tenants of the dwelling and was led to believe by them that she was there to collect rent.

3. That the actual tenants were three weeks late on the rent.

4. That Harris was severely amiss in his citation of the law, accusing Abbey of failing to provide 24 hour advance notice, because this only applies to actual entry of the dwelling, which though inferred by Crafty Harris, was simply not the case, as Abbey never entered the residence, nor ever intended to. She was simply there to collect rent according to arrangements that had previously been made by the actual tenants of the dwelling (the ones that also were trying to get Rita Elias to leave).

5. That Rita Elias was under the influence of methamphetamine, had been without sleep for several days, and according to actual testimony, had a tendency to violence and agitation.

6. That the back pack and purse that were found at the scene was in actuality all of the belongings that Rita Elias owned, including clothes and toiletries.

7. That some of the evidence, particularly that evidence that Crafty Harris put forth as the child endangerment charge - three firearms found in the house of Kari Abbey, had been tampered with and was obvious by an examination of the photos.

8. That despite assertions by Crafty Harris, no key to the dwelling was found belonging to Rita Elias. Rita would come and go through a side window in the house - even against the wishes of the actual tenants.

9. Despite the perjury committed by Crafty Harris, Benny Taylor was nowhere to be found in the incidents discussed that lead to the death of Rita Elias.

10. Kari Abbey had left her car running. The car that contained her two young children.

11. Any blunt force trauma was not necessarily a result of the fight between Rita Elias and Kari Abbey. Even the coroner’s report regarding hair having been pulled out was suspect, since there was no hair found in the area.

12. Rita says to Kari Abbey, “If I didn’t have high heels on, I’d kick your ass”. Later Rita Elias took off her high heels.

13. That Rita Elias said directly to Abbey, “Fuck it, I’m going to go get my gun”.

14. It was impossible to look through the windows as they are “sheeted up”.

15. That according to testimony provided by Modesto Police Department Officer George Papadopoulos, there may or may not have been rounds in the chamber. That he folded under cross examination and that it was from this ambiguous recount of his that the Child Protective Services investigator derived their information.

16. That the children were not in the house, because they stayed in another part of the property with their grandparents, and if at any time they were near the firearms that there was an adult right there that would have prevented the children from having any contact with the weapons.

17. That the Modesto Irrigation District electric bill that had been submitted so proudly by the prosecution as proof that Kari and Benny were financing a “grow operation” actually turned out to be at the wrong address and bearing the wrong utility company.

18. That the two customer service officers that had worked for Kari in the past, may have worked with her long before Kari began to “amass this vast apartment empire across the city”.

In closing, Kari Abbey’s defense attorney insulted the Stanislaus County Court system by calling out to what many of us have come to believe is the common practice of perjury by both police officer and DA across the country, but according to Rains, the severity of Stanislaus County for running innocents through the “meat grinder of false justice” is proficient here and he had never seen anything like it.

A closing statement?

Looking right at Crafty Harris, he said in no mild mannered tone, “I smell a rat. It has a SERIOUS stench.”

Once again, Crafty Harris got his opportunity to earn his tax paid exuberant salary to propel himself into another Scott Peterson type fame scenario.

He went over every charge with the same drivel packed litany as he exposed of himself in his opening statement. Mostly relying on what is obviously his primal nature of laziness, on Proposition 115 hearsay testimony as “factual”.

He re-iterated the constant borage of misleading expressions - “forced entry” - “beaten” - “They went there to evict and get money”, etc.

What I personally thought was the most disgusting thing that this moronic excuse for a man proposed, was that the situation was actually reversed, and that if the gun had been real, that Rita Elias would be justified in shooting Kari Abbey in self defense. Of course the moron was still thinking that everyone was still buying his “Hang Kari Abbey” portrait.

You know the one by now. The one with Abbey snarling. The blood, the wads of Rita Elias’ hair in Kari’s claws. Kari “forcing entry” into the “home” of Rita Elias. But of course, what can you expect from your DA (Crafty Harris) that will say that “a little meth is no big deal“.

And with that, your overpaid and over fed pig of a District Attorney, Mr. Crafty, glanced at the clock, probably panicking that he might be missing a lunch date with one of our illustrious and oh so trusty Defense/Conflict attorney’s to dispose of a young black man’s life while sucking on an olive and dreaming of an oncoming election year.

With that, the proceedings fell back into the Judge’s court. I don’t believe that any of us in the courtroom were expecting him to arrive at a decision regarding the case so quickly, as he began by saying, “I have carefully studied the evidence of this case.”

One by one, now the presiding judge of this case went over each count. Citing the reasons for each decision for each account, every single one was going to stick, until he got to the fifth one, receiving stolen property. No evidence and the only person that could provide sufficient testimony has passed away.

On the charges of murder and manslaughter?

He held up the picture of the BB gun that Rita Elias used to threaten the life of Kari Abbey, and as far as Abbey was concerned - Abbey’s children as well. Then he held up a picture of a 1911 .45 caliber. No difference really. No reason for Kari Abbey to believe any differently than there was an actual gun being pointed at her and that she had no choice but to defend herself. In addition to meeting the requirements necessary to demonstrate self defense, Kari Abbey was justified in the shooting of Rita Elias. Therefore, there would be no grounds for trying Kari Abbey for the shooting whatsoever.

If it is so easy to charge a beautiful and caring Stanislaus County Sheriff Deputy with the murder of a tweaked out junky criminal like Rita Elias, why does it seem so hard to charge Harris, Jacobson and Bunch with the murder of District Attorney Nate Baker?

Since we have seen a glimmer of justice for Innocent Kari Abbey today, maybe we can soon see the end of these pathetic individual’s careers before they destroy anyone else’s lives on their insatiable hunger for the Modesto Bee’s favored lime light.

Copyright 2011 Robert Stanford all rights reserved.
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