Kim Pham Trial, Day Three: Where's the Missing Video Showing a Killer Kick?

goethals_opening_statement.jpg
Pool Photo
Judge Goethals during opening statements

Lawyers in the Kim Pham trial met with Judge Thomas Goethals over an hour before the jury was called today to settle whether or not two witnesses will be able to testify about a video of the fight that both saw at the scene but that the Santa Ana Police Department failed to find.

At the center of the hearing were two brothers, Brian and Jason Loyola, who were in line at the Crosby when the fights happened. They say that after they got in back in line post-fight, they saw a video recorded by a man that showed one of the kicks physically connecting with Pham. Until now, none of the witnesses called or the videos put into evidence have shown or described a kick physically connecting with Pham. Witnesses have made inferences on the contact based on body language, but every single witness admitted under cross examination that they never saw a kick land.

Also on the stand was SAPD Detective Leo Rodriguez, who has accompanied Deputy DA Troy Pino at the counsel desk for the entirety of the trial. He admitted that the police department couldn't find the video because they initially believed that they already had a copy and because the man who shot the video was briefly visiting Santa Ana. By the time SAPD realized they had never acquired the video, they were left with no leads to find it.

Goethals has yet to rule whether the Loyola brothers' description of that video will be admissible evidence. They will be able to testify about their eyewitness accounts, but the judge had reservations about the defense being unable to fairly cross-examine what they saw on a video that the defense had no access to. He will review applicable jurisprudence today, and a decision is expected in time for the brothers to testify tomorrow.

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38 comments
Shasta Sarduho
Shasta Sarduho

Oh, apologies for the comment as I was thinking about the girl who lost her LIFE and the animals that took it from her!

Mary
Mary

These girls are cowards, and I hope they are put away for a long time. What they did was not right. I dont care who started the fight, it should not have ended the way it did. I am disappointed in the crowd that watched this take place. It was probably the cheers from the crowd that pumped these two girls up in the first place. Its dumb and not worth it. Kim Pham died these two girls will go to jail hopefully for a long time and the families of both the victim and defendents will not be the same. All for what people, who is tough now.

Jessica Marie Mauricio-Conchola
Jessica Marie Mauricio-Conchola

Michelle Jimenez Yes you are right love, I shouldn't waste my breath on someone who is as uneducated as she is. I just hope one day Karma will come knocking her door down with a big fat "Fuck You".! Lol

Isaac Contreras
Isaac Contreras

Nobody gives Shasta the dick anymore which explains her anger

Michelle Jimenez
Michelle Jimenez

Jessica Marie Mauricio-Conchola let her believe we are animals.. One day she's going to say it to the wrong Mexican and they will show her how animalistic we can be.. For her to group all Mexicans with one person's actions is ignorant and speaks volumes on how uneducated she is about our race..

Jessica Marie Mauricio-Conchola
Jessica Marie Mauricio-Conchola

I don't care what he did, throw him to rot in prison, But DO NOT SAY THAT MEXICANS ARE ANIMALS AND SHOULD BE TREATED AS SUCH, BECAUSE WE ARE HUMAN AND SHOULD BE TREATED AS SUCH; HUMAMS YOU VILE COLD HEARTED PIECE OF SHIT.!!! I Wish I Could Throw You On The Death Penalty, I WOULD GLADLY DO SO.!!!

Debbie Wall
Debbie Wall

Kicking someone in the head while they are on the ground is the most cowardly act ever. Even if the kick didn't connect on a video but was witnessed they should be charged with attempted murder.

Shasta Sarduho
Shasta Sarduho

Mexicans live like animals and act like animals! Death penalty is appropriate!

Gabes79
Gabes79

Another botched job by the police.  Not sure if the police need more training on proper police work.  The police seemed to spent more time on shooting and killing people they are supposed to protect rather than doing what they are suppose to do. Police 101, gather, protect, record all evidence of the crime.
 

sweetliberty17761776
sweetliberty17761776 topcommenter

this is another case of the gov not wanting the truth to get to the public


it started when they proclaimed there was no race issues involved 



taidodinh
taidodinh

suppose to be three bicthes wat happen to the third one

paullucas714
paullucas714 topcommenter

This is one screwed up case. 

taidodinh
taidodinh

hang those bitches fat ugly mexicans that wat happen u smoke weeds with ur homies n be a stupid thug hang them now

Carpetbagger
Carpetbagger

This is on the SAPD.

A girl kicked to death, by all accounts and they can't get the third assailant arrested, she reportedly has fled to Mexico. Now we learn of video evidence that was "missed", "los" or otherwise "Mishandled".

This on the heals of two convicted sex offenders who were wearing TRACKING devices, RAPING and KILLING thre women.

Great job guys. 

WhiteyAlmighty
WhiteyAlmighty

Lesson of the day, kids: If it's not on video, it didn't happen. These killers may walk! Good track record for the OCDA, when you consider this and Kelly Thomas.

SANTAANAISTHIRDWORLD
SANTAANAISTHIRDWORLD

how convenient, det. RODRIGUEZ lost the tape...i guess La Raza always protect each other, right?

Whophantom
Whophantom

If the cops can use the same defense when they are caught on video brutalizing or killing someone why can't people allegedly committing a crime do the same? Cops & D A knew there was no video, they were hoping defendants would plead out. All you need is reasonable doubt to be found not guilty. So far that's what it seems like.

20ftjesus
20ftjesus topcommenter

Lost evidence in a high profile trial.  Way to go, SAPD! 

mehiconoesbueno
mehiconoesbueno

so basically you are saying that Mexicans can not control their emotions and their mental capacity is that of a 4 y.o.?  i could explain why that is so ironic, but your little Mexican brain cant handle it... ok, back to doing what you Mexican girls do best... baby number 6 coming out soon? lol

mehiconoesbueno
mehiconoesbueno

lol.. hey Jessica, that's right baby, get those Mexican juices going... just like brito and Zavala, right homegirl?

GustavoArellano
GustavoArellano moderator editortopcommenter

@20ftjesus Yet they somehow find the time and resources to place 3 squad cars in downtown SanTana nightly, where there's nothing to do...

dubyadawg
dubyadawg topcommenter

You're an idiot. No white people to blame for this mess. 99% of crime in Santa Ana is committed by those proud to be from a third world country Mexicans.

meheecan-cris-doner
meheecan-cris-doner

ha! well white people are three times more likely to engage in mass murder, so be careful walking in south OC. in addition, whites are 5 times more likely to molest children, so stay away from Disneyland, white boy. haha

dubyadawg
dubyadawg topcommenter

Pedroza is an idiot, a racist and not worth a read while going #2 in a port-o-potty.

gregbpc
gregbpc topcommenter

@meheecan-cris-doner There have only (not saying that is good) been 900 killed by mass murderers in the past 7 years.  If you look at stats for 2013, the countries with the 10 worst murder RATES are all Latin American (7) or African (3) countries.  I know it's hard for you to discern between rates and total numbers, because you are simple-minded, but try to figure it out.

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