Daniel Ehrlick Trial, Day 26, Week 7, Monday, June 27, 2011 (9 am - 1:54 pm)
-Trial resumes again on Tuesday at 9 am and Judge expects it will run all day until 5 pm if necessary.
Prosecutors can still call Jenkins as a rebuttal witness.
SUV searched and returned
9: 51 am - Attorneys entered the Court Room Defense informed the Judge they plan to call 2 witnesses today.
First Witness: Dr. Greg Hampikian - DNA expert who testified in Amanda Knox case - Defense stated doctor’s credentials
- Dr. Hampikian is currently working on a cold case of a murder/rape from another county.
- he reviewed the slides containing DNA
- never did any DNA testing in Ehrlick case - but did look at slides.
- witness explained how DNA is left at a location - some type of contact where cells of a person are left behind
- witness says technology allows them to duplicate DNA. If they find one sample - they can recreate billions of copies of it.
- witness says he has no problem with the way the @BoisePD crime lab did DNA testing.
- Witness says DNA found on rock in Robert's pants - both Ehrlick and Robert couldn't have contributed to found DNA.
- Hair found in dry wall in Ehrlick's apartment consistent with Ehrlick and not Robert-although not a perfect match to Ehrlick.
- Stated just because DNA isn’t found at a location that doesn’t mean it isn’t there.
On cross-examination:
- asked how common it is to find hair and DNA in an apartment.
Witnesses excused, Court taking a recess. Ehrlick will be the next witness to testify.
On Ehrlick’s way to witness stand, Judge stopped him and asked him questions before she allowed the Jury back into the courtroom. Ehrlick signed a document explaining his
5th amendment right - defense objected. Judge overruled. Used for court records only. Jury allowed back in.
Defense: It has been a long 20 months.
Ehrlick: Yes
Defense: Are you responsible for the death of Robert Manwill?
Ehrlick: No.
- The first time Daniel Ehrlick met Robert, Robert asked him if he would be his dad. (Ehrlick cried as he answered his attorney’s question.). Courtroom beginning to fill up
- No Ehrlick is not the biological father of Jenkins youngest child, a boy, but he later took on that role.
- Daniel stated he was present during the baby’s birth (Ehrlick’s voice was strained and he wiped tears from his eyes.)
- Daniel and Melissa moved into their 3-bedroom apartment H&W helped them attain after the baby’s birth.
- Robert would visit only on the weekends during the spring of 2008; one-year before he passed away.
- Ehrlick relied on his dad for help when he needed it while they were living at Oak Park Village Apartments.
- Attorney asked a lot of questions about transportation, child care, Robert going back and forth between his mom and dad.
- When Robert came to stay with Ehrlick and Jenkins in summer 2008, he arrived with just clothes on his back. (Year before he died)
- Ehrlick was the prime caregiver for Melissa Jenkins' toddler & newborn son while she worked. - Ehrlick cared for Robert too when he was there.
(15 minute recess)
- Defense attorney picking back up on discipline issues for Robert. Ehrlick said Jenkins was in charge of that and he explained discipline.
- Robert loved to swim in the summer of 2008. That's all he talked about in 2008. Robert was getting used to concept - says he was scared of water. Bought him inflated wings to keep him afloat.
- Ehrlick took Robert swimming. Robert liked video games and cartoons.
- Talked about when Health & Welfare took away Robert's brother. Ehrlick said it was frustrating. Ehrlick expressed his emotion as he tells story. Baby returned from foster care in May 2009.
- Jenkins daughter stayed with biological father most of the time.
- In 2009 when Robert came to visit his mother he only had clothes on his back same as he did the previous year.
- Robert wanted to learn to skateboard in summer of 2009 and Ehrlick took him to a Skate Board Park to practice.
- Jenkins told Ehrlick long ago that Robert was her child, so when disciplining - don't second guess her or question what she does.
- Ehrlick’s main focus was Robert’s baby stepbrother.
- Robert was a people person and not shy. Would approach and associate with older children at the swimming pool in 2009.
- Ehrlick and Robert wrestled WWE style.
- Ehrlick stated Jenkins told him after the fact that she told H&W that Robert went back to New Plymouth to live with his dad.
- Daniel admitted he helped hide Robert the last two times H&W visited because Jenkins told him Robert wasn’t supposed to be there.
- The pair hid Robert in the closet during H&W visits and there was adequate room for Robert to read and walk around.
- Ehrlick didn’t want the children exposed to cigarette smoke and he started to smoke again after he quit for awhile.
- Robert slept in his sister’s room because his brother woke him up during the night crying.
- Robert only slept in bed for 7-10 days while they tried to fix sleeping arrangements. Robert was fine with arrangement.
- Robert ate oatmeal the afternoon he went missing and he got sick afterwards and vomited it in the hallway.
- Ehrlick said he was taking a shower when his cell phone rang and he slipped while running to answer it and his knee caused the hole in the wall.
- On the day Robert went missing, Robert checked in with Ehrlick every thirty minutes or so who was inside the apartment.
- On two separate occasions Robert asked if he could attend a birthday party and he was told No by both Jenkins and Ehrlick.
- Isn’t sure if he saw Robert last before or after his father visited him on Friday evening.
- Ehrlick texted Jenkins with updates on search.
- When Police arrived Ehrlick was “freaking out”.
- When police arrived, according to Ehrlick the officer was more interested in radio and computer than in finding Robert and that frustrated him.
- Police had Ehrlick and Jenkins go through Robert’s clothes.
- Ehrlick said he punched a wall/railing because he upset that he allowed Robert to go missing on his watch.
- Ehrlick became upset after he was told he and Jenkins weren't suspects but officers took cadaver dog to apartment.
- Ehrlick said he had Robert do “dead bug” but he never dropped his knees on him.
- Ehrlick admitted he hit Robert twice; on one occasion he hit him with a piece of molding.
- Ehrlick stated when Robert needed to be disciplined he had to call Melissa to see how she wanted it handled.
- Ehrlick never admitted to be responsible for Robert's death, adding, "I am not responsible for Robert Manwill's death."
- Ehrlick says police targeted him early on and no matter what he told them, he remained their focus.
- Defense asked about the night where prosecution say Ehrlick overdosed. Ehrlick said he was just trying to sleep. Admitted he took 10-12 pills.
- Ehrlick stated “I don’t know if I’m allowed to say it, but she’s a liar." referencing Jenkins. Also said his father was turning on him.
- Ehrlick said he never participated in any disciplinary issues that killed Robert. Said he doesn't know what happened to him.
On Cross-examination by prosecution:
- Ehrlick told people he was baby boy’s biological father when he knew he wasn’t.
- Prosecution building questions about Ehrlick being dishonest and not credible. Spent a lot of time about Ehrlick claiming to be baby boy’s biological father
- Prosecution stated Ehrlick’s criminal history - he is a convicted felon. Grand theft, burglary...
- Prosecution trying to find holes in Ehrlick’s timeline - saying he wasn't as urgent in his search as he claimed he was.
- Prosecution presented texts and phone records between Ehrlick and Jenkins the night Robert went missing.
- Phone records show not as many phone calls and text messages as Ehrlick testified there was earlier this morning.
http://www.ktvb.com/news/Live-updates-from-the-Daniel-Ehrlick-murder-trial-124595064.html
The only running vehicle Jenkins&Ehrlick operated was a blazer and Jenkins drove it to work and back.
We don’t know if Melissa Jenkins was able to leave work during her breaks.
No surveillance tapes from Jenkins work place were played at trial proving the vehicle never left the work site under suspicious circumstances Thursday or Friday evening.
The baby stroller was in the SUV while Jenkins was at work the evening of the 24th of July and Jenkins put the baby in it when she got home and began searching for Robert.
Defense said Robert was not hiding in the closet because he was beat up and the closest had plenty of air and space to move about.
Why did Melissa start lying about Robert not living with her and hide him?
Jenkins is supposedly a compulsive liar so perhaps her mental condition caused her to spread a lie about Robert’s whereabouts in the summer of 2009.
Don’t know if the DNA found on Robert’s body was Melissa Jenkins. Robert and Daniel Ehrlick’s DNA was not present.
Was Jenkins actively involved in her son’s disappearance in any way or did an unknown enemy steal him away and kill him? The security guard I believe said he saw two males he didn’t know on the property so maybe they snatched Robert.
Maybe someone convinced Robert to go with them to a birthday party by showing him a package of sausage biscuits. When Robert came near, they threw the biscuits into the bush, grabbed Robert and took off. Robert trusted strangers and someone testified on Thursday they saw someone with a hairy back riding Manwill on their shoulders..
No one said they saw any suspicious vehicles in the area but it was a large complex with a lot of activity.
Security guard Chris worked that evening at the complex and assisted DE search for Robert.
Ehrlick said the hole in the apartment wall happened when he left the shower to answer his phone. His feet were wet and one of his knees created the hole when he slid into the wall.
- Robert changed bedrooms because Aiden cried at night and it disturbed his sleep.
- The bed in the master bedroom was broken and was being replaced.
- Ehrlick said he always called Melissa when he had discipline problems with Robert and she told him what to do and he obeyed her. Jenkins gave time-outs to Robert and he always listened to her and did what he was told.
Since Robert vomited before Melissa went to work, maybe Robert was given food poisoning. On the stand Ehrlick Jr said Robert was fine Friday morning and Melissa did not say Robert was ill Friday morning in her written statement. Daniel Sr is the only witness who said Robert looked sick days before he disappeared.
Ehrlick said he became upset when cadaver dogs were brought to search his apartment and he never said it was because he didn’t want to believe in the possibility Robert could be dead. Ehrlick testified that police told him & Jenkins to sit back and let them to their job.
- Ehrlick said him and Jenkins cooperated with police.
- Beginning of July Ehrlick used a board to swat Robert with twice.
- Conversation about getting them needing to get their stories straight didn’t happen.
- Complex completely abuzz the days following Robert’s disappearance but Ehrlick attended all the events. Trish was appointed as family spokesperson.
Details about incident with Jenkins baby boy were sketchy. Sounds like Jenkins was alone with the baby and when Ehrlick arrived home, Jenkins pointed out that the baby’s head was spongy in one particular spot. This incident resulted in MJ being convicted for child abuse. (Don’t most baby have what are known as “soft spots” on the back of their heads? Is there a chance Jenkins was wrongfully convicted and someone gave false testimony about the cause of the child’s injury?)
Daniel Ehrlick:
- No I did not intend to commit suicide. Took a few pills to knock himself out. Couldn’t sleep. Played with the dog, took 10-12 pills before falling asleep and told people to leave him alone so he could sleep. Intended to go to rally at South when he woke up but instead went to the hospital because Trish thought he was acting weird and she suspected he needed medical attention. He didn’t want to go to the hospital and he was upset for being there. Was told he couldn’t leave and they held him against his will for several days. Underwent a psychiatric assessment at that time. After arrest, called father and told him what he needed him to do. Police had vehicle (blazer) and returned it. Told his father, Melissa was lying and she is a liar but never discussed what lie Jenkins told. LE questioned his father and niece often at Ehrlick’s father’s home. Police gave Daniel questions to ask his father.
Defense asked Ehrlick:
- Did the manner of discipline you inflicted on Robert cause his death?
-Did you assist anyone in killing him and moving his body.
Ehrlick’s response to both questions was no.
On cross-examination:
Prosecutor asked Ehrlick: What was Robert’s punishment for lying.
Prosecutor pointed out Ehrlick’s criminal history and that he is a convicted felon and he is dishonest.
Josh Potter is the neighbor who told Ehrlick about dead bug position. Potter is pothead and drug addict. Prosecutor noted that H&W were visiting the home regularly and were there to give parenting advice and instead Ehrlick asked his neighbor for advice rather than H&W workers.
- Ehrlick wore a watch, talked regularly with Jenkins but didn’t use Jenkins phone calls in the timeline.
- Did your father come before or after conversations with Jenkins - After some hesitation, Ehrlick said his father came before.
- Ehrlick texted Jenkins.
Discussion centered around Jenkins daughter around Jan 2008 - Girl’s father applied for custody because he didn’t want his daughter around Ehrlick. Jenkins agreed Ehrlick would not be around her daughter in 2008 when Ehrlick was babysitting her.
Jury dismissed and told to be back 9 am Tuesday morning.
Judge allowing prosecutor to proceed with line of questions about Ehrlick lying. - Defense is portraying Ehrlick to be a good loving father and prosecutor attempting to prove he did not do as much as he claimed to have been done - attacking his credibility - Ehrlick knew all along he wasn’t in fact *advertiser censored**** bio father and he lied about it.
http://www.ktvb.com/home/Live-updates-from-the-Daniel-Ehrlick-murder-trial-124595064.html