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Jun 6, 2013 10:40 AM by Caroline Flores - cflores@kristv.com

LIVE UPDATES: Laura Day Trial Day 2

CORPUS CHRISTI - The capital murder trial of Laura Day got underway Wednesday 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.

Today is day two of her trial. Click here for a wrap-up of Day 1 testimony - http://bit.ly/13IxPWG

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

4:00 Done for the day. Testimony will resume tomorrow morning.

3:44 Judge orders a break.

3:42 Pena says Day was making noises like she was crying but she never saw any tears coming from Day.

3:39 Pena says the purpose of the interview with Day was to create a time line and gather facts of what happened. Pena says in the interview room was the first time she had contact with her. Pena says Day was very quiet, she didn't make any eye contact, and she wasn't crying.

3:38 Pena says they transported Day separately from the Syrings. This was because she was the sole witness and she wanted to keep her integrity.

3:35 The state is showing Pena many pictures of inside the vehicle. State shows many things were inside it. The state asks why were the life jacket and ring the only two things taken out. Pena says Day told her the ring was valued at 30 thousand dollars. Pena says she thought it was odd that Day was so concerned about something so materialistic.

3:32 State asks why Pena decided to take the life jacket into evidence. Pena wanted to see if it was in working condition. She also removed a ring from the vehicle.

3:29 Pena looked at Taylor's body. She spoke with Taylor's biological mother. Pena says she wanted to impound the vehicle, pictures taken of Taylor's body, and interview with Taylor's biological parents and Day. But in the end Day's vehicle was never impounded.

3:25 State calls Detective Mary Pena. She was working the day Taylor drowned.

3:24 State asks if it was possible that Day didn't stop at home to get the swim materials that she already had them in her car? Ilse says yes. Ilse says Fire stations are manned 24/7

3:23 State asks does it matter to you if whether or not the other emergency locations were open or closed. Ilse says that does concern him that even if they were closed, Day never stopped at any of the locations.

3:21 State asks if Ilse Day told him she was watching Taylor in the water. Ilse says yes, she said she was watching him.

3:19 Cassidy says when Ilse was questioning Day at the station, was he trying to determine if it was an accident? Ilse says yes that's how it started out, an accident.

2:47 Judge orders a break.

2:45 Cassidy asks Ilse when you got to the beach was it true you said "I understand why you didn't call 911." Ilse says no I would have never said that. I didn't say that at all.

2:34 Cassidy asks if one of the medical clinics was even open at 6pm. Ilse says no, one of them closes at 5 on Friday (Friday is when the drowning occured). Cassidy asks if the fire department is visible from the road. Ilse says no, you can't see the fire department from the highway.

2:32 Cassidy says one of the issues CCPD has with Day is that she couldn't give an exact location. Cassidy asks if when he went to the beach if Ilse was able to obtain an exact location when he went. Ilse said no. He was able to get an approximate location.

2:30 Ilse says her drive from the beach to the hospital was about 13 miles.

2:26 Ilse says Day took the usual route to get from the Island to the hospital. The state shows on the map that Day passed a Fire Department, 3 Medical Center Clinics, a sub-station of the CCFD.

2:22 The State brings out pictures of maps. One of the beach near Bob Hall Pier and the other is a map of the route Day says she took to the hospital the day Taylor drowned.

2:20 Ilse says that day, Day told him she did cry for help. She showed him and bent down at her waist and yelled help.

2:18 Ilse says Day took him to the area of the beach they were at. He says an exact location wasn't given that day. Ilse says it was close to mile marker 238. About a mile or so from Bob Hall Pier. He says they could see the pier where they were.

2:17 Ilse says it wasn't difficult to understand Day in the room.

2:15 Day's lawyer (Les Cassidy) mentions the video skipping. Ilse says that is a operating malfunction. Cassidy says then the transcript shows what the recorder was able to record which includes the skips and jumps in the recording. So Cassidy says it's not accurate.

Second Half of Police Interview Video: She is sitting in the interview room alone. Her head it down on the table. She makes a whimpering sound. Looks like she is wiping tears away from her eyes. Detectives enter back into the room. Detectives give Day her purse and ask for the specific time she called her husband. She says it was 3:35. Then made another call at 4:17 when they were at Jamba Juice. She finally looks up to the detectives. Detectives are asking how far out she took Taylor when they were in the water. She says when she found Taylor she tried to help him right then and there. She says when Taylor was in the water alone she wasn't reading a book, wasn't texting, nothing. She says she was watching him play. Detectives bring up the relationship with Taylor's biological mother. Day says they don't really have one, but that she wishes they could be friends. Days says she never even said hello to Taylor's mom. She says the custody her and David have with Taylor is Saturday - Sunday. Detectives ask if Day works, she says no. She says she doesn't even want to talk about yesterday. The detective asks why. She says she doesn't want to think about it. Detective asks how her and her husband's relationship is. She says good. Detective asks if there are any issues because she's not working. Day replies, "no. I'm a millionaire."

1:38 Court Resumes. Begin playing the second half of Day's police interview.

12:20 Break for lunch. Will finish the second half of the interview when they resume after lunch.

Police Interview Video: Camera shows Day in the interview room alone with her head down. Two detectives walk into the room. They explain to Day that the interview is procedure. They ask her basic question like her name, her date of birth, her address, phone number, marital status, occupation. Day is almost whimpering and hard to understand now, her head is still down.

The detectives get a time line of what happened that day. Day says she woke up at 7:30. She made a cup of coffee. Her head is still down the detective asks her to pick her head up and to look at her. Day says she doesn't remember yesterday. She says in the morning she was at home with her cat. She says she called David, her husband. She says she talked to him about the weather and going to the movies that weekend.

She says David asked her to pick up Taylor from school that day. She says she picked Taylor after school. She called for him at school office. She says she picks him up every Tuesday and Thursday. She says she took him to go get a Jamba Juice on Staples by HEB. She says she then got him a Happy Meal from McDonalds. The she says he said he wanted to go to the beach. She said I never go to the beach, but I thought it would be fun with him.

She says they went home and packed for the beach. She says I have no clue, but I could find out by my cell phone because I made a call to David. That was Day's answer when the detective asked what time she went home. She says they then went to the beach. She says Taylor put his cap on his head and put his ear plugs in then we went in the water.

He then asked to take his life jacket off saying he could go in without a life jacket. "He was a pretty good swimmer I thought," said Day. He then got back in the water. She went in with him and then got out of the water. Day says Taylor's parents told her Taylor had asthma and allergies. She said Taylor wasn't complaining about anything that day. She said she brought him cookies and he ate one.

She said she was laying down on the beach watching him play. She said she didn't know how long she was watching him.
She says she went down to him and thought he was swimming. She saw him under water and she says I couldn't find him. I don't even know what happened. I found him laying on his back floating.

She begins whimpering quietly, it's difficult to understand. She sounds like she begins crying. She says there were people but they weren't close to me. She says she didn't call out to them because, "I was concentrating on Taylor." I put him in the car. He wasn't breathing. She said Taylor was unconscious.

She says she didn't know how long it took her to get to the hospital. She says she has been to that hospital before. She says when she got to the hospital the life jacket was in the car.The detectives leave the room.

11:22 The police interview is played for the jury. The next 30-40 minutes will be from the police interview.

11:19 Ilse says Day told him she was CPR certified. But Ilse says the first thing you learn in CPR training is when someone isn't breathing or doesn't have a pulse, you call for help.

11:16 Ilse says Day told him she didn't call 911. He says during the interview she said she didn't scream for help. But he says she said at one point there was someone on the beach. He says Day told him she didn't do CPR, but rescue breathing. He says Day told him she tried to give Taylor one breath.

11:14 Ilse says Day's wasn't crying or giving any emotion during her interview and didn't make eye contact.

10:50 Judge orders a break.

10:47 Ilse says he conducted the interview with Day. He says when he escorted her to the interview room, she wasn't emotional or crying.

10:43 State brings up Day's interview at the police station. Ilse says they had Day do an interview at the station so they could video tape it and that it's a better place to conduct an interview. He says it's standard.

10:42 Trial resumes. When Ilsey says he first saw Day he says she wasn't crying, she wasn't emotional in any nature.

10:26 Judge orders a break.

10:25 Ilse says Day's vehicle wasn't impounded because they came to the conclusion her vehicle was not a crime scene.

10:24 Ilse says he found it odd that Taylor was brought to the hospital by a personal vehicle.

10:23 Ilse says he made contact with Taylor's biological mother. He says his mother was crying a lot. He says it was hard to get any information from her because she was crying so much.

10:21 Ilse says he looked for marks on Taylor's body. He says there was nothing really unusual. He says he had a couple bruises and a scratch on his body.

10:20 Ilse says once he spoke with the lead investigator he went to examine Taylor Syring. He was still in a trauma room. He says there were a couple family members and a nurse in the room.

10:17 Ilse says he investigated the death of Taylor Syring. He was off duty when he was called to go to Bay Area Hospital.

10:16 Ilse says any death of a child is investigated by CCPD.

10:11 State calls detective Michael Ilse. He is assigned to the Child Crimes Unit.

10:10 Stith asks if he has any scientific knowledge to come to that conclusion. Prebole says no.

10:09 Prebole says there was no sand on the side board, but there was sand in the back which from his experience shows him it (the life jacket) was placed and not thrown.

10:08 State asks if the life jacket in the vehicle looked like it was stowed or just thrown in the back. Prebole says stowed. He says he believes this because of his experience. He says it's important for him to tell if there was organization in placing materials when examining a crime scene.

10:07 Prebole says one of the detectives tells him what to collect from the crime scene.

10:03 The State brings out the package of the life vest he collected at the scene. Prebole is instructed to open the bag that contains the life vest.

10:02 Prebole says when he took it to the lab, they took tests and he says it appeared to be in working order.

10:01 Prebole says he took a closer to the life vest that was in the back. He says the beach towels were wet and when he moved them he found the life jacket. He says the jacket was wet and sandy. He was asked to collect the life vest.

10:00 State shows a photo of the rear cargo area of the vehicle. He says there was towels, life vest, plastic container, and a hard hat in the back. He says the towels were wet.

9:57 State shows photo of back seat of vehicle. Prebole says that photo shows a towel in the rear seat of the car. He says there appeared to be a stain on the towel. It was a brownish material. He says is could have been any sort of discharge.

9:57 State asks if he wrote a supplement about what he did. Prebole says yes.

9:54 Prebole got the call to go to Bay Area Hospital for the dead 6-year old, Taylor Syring. He says he was requested to photograph the child and the vehicle the child was transported to the ER in.

9:52 State calls John Prebole. He is a Crime Scene Investigator with CCPD.

9:50 Stith speaks of people who go from a witness to a suspect in any case. He compares Day to those people saying most people that have to go though that can become defensive and distance themselves from the crime scene. Galloway agrees.

9:48 Galloway says the reason he spoke to Day was to keep her talking and calm.

9:45 Day's lawyer (David Stith) asks Galloway about Day's demeanor at the hospital. Stith asks since Day spoke to Galloway after many officers before him, maybe her emotions would have gone down. Galloway says yes that is possible.

9:45 Detective Galloway is brought to the stand.

9:43 State shows videos of Taylor Syring swimming in a pool. It shows him jumping off the side and swimming to the edge. He is wearing a life jacket. This brings Taylor's biological to tears and even a light laugh from seeing her son attempt to swim.

9:41 Trial begins for the day.

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