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Jun 5, 2013 10:30 AM by Caroline Flores - cflores@kristv.com

LIVE UPDATES: Laura Day's Capital Murder Trial Underway

CORPUS CHRISTI - The capital murder trial of Laura Day got underway this morning at the Nueces County courthouse. Day is charged with capital murder, child endangerment, and injury to a child for the drowning death of her 6-year-old stepson Taylor Syring last October.

If convicted, she faces a maximum of life in prison without the possibility of parole.

LIVE updates as the trial progresses - from Caroline Flores - cflores@kristv.com

3:20 Judge calls for a break.

3:29 Day's lawyer asks where he saw the sand. He says in the back seat.

3:28 Edwardo was instructed to go to Day's vehicle to get a ring for Day. He never found it. While looking in the car he saw a happy meal and a drink in the cup holder. He says he saw a lot of sand in the vehicle.

3:27 Edwardo says when he saw Taylor's biological mother she was very upset. Edwardo says he stayed at the hospital for most of the night.

3:26 Edwardo saw communication between David Syring and Day. Edwardo says Syring was crying and in shock. Edwardo says Day wasn't crying when interacting with Syring.

3:25 Edwardo says Day asked him to sit by her and talk to her. But he didn't sit, he stood like instructed.

3:23 Edwardo was there as Officer Torres was talking to Day. Edwardo says Day appeared to be shaken up but not crying.

3:22 Edwardo says there were at least 4 uniformed officers and 6 detectives.

3:21 When he first arrived at Bay Area, he went straight to ER area on the outside. He saw a group of people. He assumed that was family and friends.

3:20 Edwardo was working the day Taylor drowned. He was called to Bay Area Hospital for a 6 year old that drowned.

3:17 State calls CCPD Officer Edwardo.

3:10 Day's lawyer questions Torres about the lack of location from Day. Day's lawyer says the further you go down away from Bob Hall Pier the less people there are. Torres agrees people are more spread out. Day's lawyer says there is a possibility she didn't have any landmarks to tell her where she was.

3:04 "I spoke with the biological mom, I could see pain, suffering. When I spoke with Ms. Day, I got a different feeling." said Torres.

3:03 Torres says he spoke with David Syring. He says Syring looked shocked with a distant stare. Torres says he found it odd that Day didn't give him an exact location where the drowning occurred.

3:02 Torres says she cooperated and spoke freely. He says Day told him she knew CPR. He says Day told him while in the water she tried to do CPR and give him breaths.

3:01 Torres says Day face was puffy and her eyes were red.

3:00 Torres says there is a medical clinic at Park Road 22.

2:59 Torres says he asked Day if there was someone near by when Taylor drowned and he says Day told him no. Torres says he thought it was odd she didn't reach out for help right away.

2:55 Torres says he asked Day if she was the person who brought Taylor in. She said yes. Torres says Day appeared shaken up. He says her face was puffy and it appeared she had been crying. When he spoke to her he says he didn't recall if she was crying. Torres asked her if she could tell him what happened. He says Day told him she brought him to the hospital because Taylor drowned. The only location he was able to get was "South of Bob Hall Pier."

2:54 Torres then went out to find Day was the woman he passed going into the ER. "It seems kinds strange that a little child passed away, and that the person who brought this child in didn't bother to reach out to me." Torres said.

2:53 Officer says the biologocal mother was there holding the boys hand and kneeling and crying.

2:52 Officer says she appeared to be upset. He says he doesn't recall any crying.

2:51 State asks if the woman said anything, he said no. He points to Laura Day and says that is the woman he saw on the bench.

2:49 State asks Torres if he recieved a call for service to go to Bay Area Hospital. Torres says yes. When he arrived he says he knew he was there for a 6 year old drowning victim. The first thing he did he drove up, he saw a woman sitting on a bench, he passed her and went into the ER.

2:45 Torres says he was working as a patrol officer the day of Taylor Syring's drowning.

2:43 State calls CCPD Officer Ralph Torres.

2:24 Judge orders a break.

2:20 Stanford says Day told her she attempted rescue breathing before she put Taylor in the car. Stanford says rescue breathing is not CPR.

2:17 Stanford says Day told her she thought Taylor was making attempts to breath when she was driving him to the ER.

2:14 Stanford says Day told her she rinsed Taylor off before she brought him to the ER.

2:13 Stanford says she does not recall any other case where a personal vehicle was used to transport a drowning victim.

2:09 Stanford says she was one of the nurses that tried to help Taylor. Stanford says he was unconscious. Stanford says she was the one who did the initial interview and gather the history. Stanford says she spoke to Laura Day that day. She pointed to Day in the court room and identified her.

2:06 State calls Catayna Stanford. She is a nurse at Bay Area.

2:01 Flores says she recalls there was no sand in the room where Taylor was. She says she spoke with other nurses about the fact there was no sand in the room when there normally was when it came to drowning victims at the beach.

1:59 Flores says Taylor's shorts were wet when he came in.

1:55 Flores says she saw Taylor being carried into the hospital. She says he was being carried by a gentleman. Flores says he was an EMS/Paramedic. Flores says he was asked by a lady for help.

1:54 Flores says she was involved in the process of trying to get Taylor to breath.

1:52 State calls Lisa Flores. She is a registered nurse at Bay Area.

1:51 State asks, if Day would have told him she did CPR he would have noted that. He says yes, I would have put by-stander CPR. He did not.

1:49 Day's lawyer asks if Bay Area was the closest hospital to The Island. Garcia says yes.

1:44 State asks if he remembers another drowning case where the victim was brought in by a personal car. Garcia says no. That every other case he can remember, the victim was brought in by an ambulance.

1:43 Garcia says he's treated about 20 drowning victims. He says he wasn't able to save a very small number of those victims.

1:40 Sate asks based on the doctors experience, what is the amount of time someone can live without breathing. Garcia says about 4-6 minutes.

1:37 State asks Dr. Garcia to describe Taylor. Garcia says he seemed to be tall and thin. State asks if he was told CPR was provided for Taylor. Garcia says he was told there was no by-stander CPR. Garcia says initially you could tell Taylor wasn't going to make it.

1:34 Dr. Garcia says he pronounced Taylor Syring dead at 6:34pm.

1:30 State shows the typical registration form for the ER to Dr. Garcia. Garcia says when Taylor was first brought in to the hospital he had no life signs. He says Taylor didn't have a heart beat and wasn't breathing. He says they put a tube in his airway to they could breath for him. Dr. Garcia says he gave him medicine to get his heart to start but couldn't get it to start on it's own.

1:29 Dr. Garcia was the attending ER doctor the day Taylor Syring went into the ER. Garcia says an ambulance did not take Taylor to the ER.

1:25 Trial resumes. The state calls Dr. Raphael F. Garcia to the stand. He works at Bay Area Emergency Department.

11:51 Break for lunch.

11:49 Day's lawyer brings up a recent drowning in Port Aransas. Day's lawyer says a reporter from channel 6 found the body floating. Fernandez says yes, that is what he heard.

11:47 State asks about the wrinkling of Taylor's body. Fernandez says to get minal wrinkling it's just a few minutes. He says after about half an hour to an hour you get pretty good wrinkling.

11:45 State asks what happens to a body when someone drowns. Fernandez says they normally go down into the water.

11:37 State asks if there was anything out of the ordinary when it came to the toxicology report. He says it didn't but it also didn't test for all of the toxic substances. He says they just ran a basic test with the most common drugs found in bodies.

11:34 Day's lawyer brings up the markings on Taylor's neck. Fernandez says he didn't see anything wrong with those markings and did not list that under trauma or injury. He made that same finding when it came to markings on his ear, nose, or lips.

11:30 Day's lawyer brings up toxicology reports. Fernandez says the testing was negative on the first report. Day's lawyer asks if all of the toxicology reports were negative for drugs tested. Fernandez says yes. Day's lawyer says tests were also done to see if any household cleaners from Day's home were used to drug the child. Fernandez says that test came back negative, they didn't find any of those chemicals in Taylor's body.

11:27 Day's lawyer brings up the finger nail clippings from Taylor. Fernandez says none of the nails were broken (Fernandez says this finger nails are normally broken when someone is in a fight). He also says based on the clipping it didn't look like he scratched anyone. Day's lawyer says so based on the finger nails it's a negative when it comes to a homicide.

11:25 Day's lawyer asks if a boyancy test was done on Taylor. Dr.Fernandez says no. Days lawyer says this could have shown if Taylor's body would sink or float in water.

11:21 Fernandez says in his report he noted the wrinkling of the skin from being the water was minimal. Day's lawyer says this shows the child may have just begun playing in the water.

11:18 Day's lawyer along with Fernandez's help is walking the jury through the anatomy of what the body goes through when a drowning occurs.

11:10 Fernandez talks about drowning. He says what happened is first they hold their breath, then they try and breath in and they breath in water, then an involuntary reaction occurs in the body that causes the person to not be able to breath. After the spasm concludes the person takes another gasp and water can go directly into the lungs, then there is damager to the lungs and this can happen in the matter of seconds.

11:06 Day's lawyer says the palm prints found on Taylor's arm would be consistant with someone scooping the child up to carry them. Fernandez says that is true.

11:03 Day's lawyer shows the Medical Examiner's report. He shows the first finding on the report was that the Medical Examiner noticed sandy deposits all over the body. That Fernandez says is consistent with a drowning.

11:00 Day's lawyer asks Fernandez to list all of the choices for the "manner of death." Fernandez says they are natural, accident, suicide, and homicide. But Fernandez says in this case it was undetermined.

10:58 State passes the witness and Day's lawyer is about to question Dr. Fernandez.

10:52 State shows the Medical Examiner report. State asks what was ruling of manner of death. Fernandez says it could not be determined.

10:47 State shows photo of Taylor's hair. Fernandez says there was minimal to no sand in his hair. He says he expected to see more since the child was at the beach.

10:45 State shows photos of Taylor's feet. Fernandez says there was no sand visible. He says he expected to see sand on the feet of a child that was at the beach.

10:40 State shows picture of Taylor's left arm. Fernandez says there is discoloration that is consistent with a bruise. He says it is consistent with a hand, the palm of a hand.

10:32 State shows Taylor's body from the autopsy. Taylor's mother breaks down in tears and so does Day. Fernandez walked the jury through what he saw in the autopsy. He says at the front left lower leg, he noted a contusion. State shows a photo of Taylor's neck. Fernandez says there are areas of discoloration on the neck that he noted.

10:30 Trial resumes.

9:58 Speaks about Taylor Syring's autopsy. Day's lawyer keeps objecting to the state's questions. The judge demands the court goes into a short break. During the break Laura Day is smiling and looking to her family.

9:54 Talking about bruises. Fernandez says when a person dies any bruises will become more visible.

9:52 Talking about post mortem examination. What he does and what he looks for.

9:49 Sate asks if a child passes away in Nueces County will the child have an autopsy. Fernandez says if a child dies outside the hospital they will.

9:46 Fernandez explaines to the jury what a cause of death and manner of death is.

9:40 Fernandez speaks about autopsies, how they work and how they are used in criminal cases.

9:39 Fernandez says he knows Garcia. He says he examined the body and completed the report.

10:30 Break over. Trial resumes.

9:34 Dr. Ray Fernandez gets called to the stand. He is the medical examiner. Speaks about his past and his credentials.

9:31 Garcia says he has worked 50 - 60 drowning and about half were on the beach. Says none of the drownings on the beach had a private vehicle bring the victim to the hospital.

9:21 State calls Richard L. Garcia to the stand. He was a police officer at CCPD for 38 years and now works for the medical examiner.

9:19 Day's lawyer says Taylor told Day he could swim without a life jacket. She said ok.

9:17 Day's lawyer says the jury will hear from Laura. The jury will hear the police interview from that day.

9:16 Day's lawyer says she did try to help the child. He says she drove him to the hospital and did ask for help.

9:16 Day's lawyer makes opening statement.

9:14 "All the things you would expect a reasonable person to do, were not done." - State attorney

9:11 State says jury will hear testimony that says: Day piked up Taylor Syring up from school. Took him to McDonalds. Then she took Taylor to the beach. Taylor originally had his life jacket on. But when he went back in he didn't have his life jacket on. State says Day left Taylor in waist deep water while she laid out on a towel. When Taylor drowned, she did nothing. State says he didn't call for help, not call 911, or use her CPR skills.

9:09 The state begins opening statements.

9:09 Day pleads not guilty.

9:07 Laura Day stands as her charges are read to her.

9:07 Trial begins.

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