Reporter Notes From Becky Bryan Trial, Day 7

News 9's Lisa Monahan was inside the courtroom Tuesday as the murder trial for Becky Bryan entered its seventh day. These are her notes and not a word-for-word representation of what was said.

Day 7

STATE'S 18th WITNESS STAN MILLER - NEWS 9 ANCHOR

ACQUAINTANCE OF BECKY BRYAN'S Brother

We talked that morning david and I via text messages and i cant remember

Did you talk to Becky? yes, I did in fact start speaking with becky bryan by phone

What time? I got off live shot at 7 o'clock. I would say sometime between 8 and 9 am

did the person on the phone identify herself? yes as becky bryan

did she provide any details of what happened to her husband? yes.

What do you remember her telling you about the shooting?

i asked what happened and the only thing i clearly remember is that she told me she was in another room, she heard gunshot commotion, she went into the area and confronted the man in a black hoodie and he turned to her and said he should have f*** hired me

did she say what the commotion was ?no

did she provide any other detail about the man or a description? no

just a black hoodie? yes

Did she say how the intruder left? yes , that he ran out the garage door

did she say what she did ? he did not

Is that the extent ? as far as i can remember

CROSS EXAMINATION-

The family and david called you because there was a lot of press and a lot of questioning going on, correct? yes

there was talks of putting out a description of the suspect to the media correct?

I don't recall that

How long of a phone call did you have with Becky Bryan? it was brief

I said I would come to hospital and at that point i ended conversation. I went down in my own car and we were assigning a photographer to follow me down. The photographer did not arrive before me

when did you get down there ? all morning because i did live shots and cut ins all morning

at some point she was wanting to do a media statement ? i dont recall

while you were at hospital did you have a 2nd conversation? yes

how many total? 2 conversations

you said the phone call was brief? 3-4 minutes

conversation at hospital? very brief, i approached her with david and we were introduced.

i remember seeing Ted.

you know Ted? I know ted because of the story.

When we walked up Ted had his arm around her consoling her. and a couple of other people there that I don't know.

You said Chaplain wilson had his arm around Becky? yes

Did she seem distraught? oh absolutely

Was she crying ? no

Describe what you mean by distraught ? most seemed to go toward they would not release the liver, so they could harvest the liver for Ted Wilson

I recall Wilson saying don't worry about the liver this is not about the liver.

STATE'S 19th WITNESS MARTIN SOLORZANO - OSBI AGENT

The interview lasted 36 minutes.

did you share with agent wright what gun might have been used? i believe so

what type of weapon? a Ruger LCP

you drove straight from hospital to residence? yes

other officers at the house? yes

heather from OSBI arrived and we started search sometime after 6 am i started in the utility room.

when you went in house to look for projectile did anyone else go with you ? yes

initially you are just focusing on the couch looking for the projectile? yes

what was your role in the search of the couch?

we took upholstery off and we gut out the bedding.

at that time everyones main focus was fining the projectile ? yes

was it found? yes

was in found in the couch? yes

did you handle the packaging? no

did you ever see it after recovered? from a distance

DIAGRAM OF HOUSE

please show jurors what areas of house you personally searched? the living room, assisted searching bedding of cushion

(In the utility?) there was a washer and dryer and some cabinets

had you been directed or assigned to search? no

is that an area you decided to start searching? yes

when you began your search was there any evidence specifically you were looking for?

with info from ms bryan we were looking for anything an intruder may have left behind.

did you use any instrument to document what you were doing?no

were you searching by yourself? yes

tell us what you did in your search? i said i think i want to start somewhere in the front

agent shawn wright was somewhere was in the living room.

sometime after 6 i put my gloves on walked over to the cabinets and then i looked in them. then i looked back and saw what i thought was a towel in the dryer. i walked over and pulled out a garment and some things fell out.

when i looked down i saw a gun and an off white glove and one single casing and a fireman's blanket.

I just kind of opened the door reached in for a second and pulled out of the garment.

did it appear as though there was anything else in the dryer at that time other than the towel? no

what happened when you pulled it out? i pulled it out, and things fell and i seen a handgun against the baseboard.

do you remember if the dryer was completely closed? i don't remember - i remember it being closed and me opening it

after you found items what did you do? i talked to agent wright i gave him a time of when i found the items. i remember it being 615am

we discussed me writing a report but we decided there would be just one report documented.

did you search any other areas of the house after that ? no

where did you go? i remained in living area until all items were packaged and documents. we all had a briefing

what time did you leave the house? dont remember

can you fast forward to sept 23 - on that day did you obtain dna evidence from the defendant? saliva samples and dna samples

how did you obtain samples? we got a search warrant

how do you actually obtain a dna sample? physically? yes

we have sterile cotton tip applicators that look like a qtip and e swab the inside of gum lining and let air dry and then you seal em inside an osbi envelop and submit to the osbi lab for analysis.

the swabs- are they part of a kit? they are stored or crime scene agent carries them or the property room

what time of day did you collect sample? 440 n the afternoon

how in this case did you collect it from her? myself and osbi agent danny sanders went to see judge to get court authorization to obtain the swab and then we met agent shawn wright a& cami mcneil and we went to candaian county jail to get swabs of her

CROSS EXAMINATION - MARTIN SOLORZANO

you said they told you there was a witness? yes

and did you know who that witness was before you got to crime scene? i believe it was the wife

Det. Mcneil -she said she was on the way to the hospital and i told her i would probably be going with her.

Why did you feel the need to go with her? cause OSBI had been called in to assist the mustang police department

how long was the OSBI crime scene academy? 10 week training academy

are they allowed to go out and work scenes before completing the academy? i don't believe so

do you know if the two agents at the scene had completed the academy? that i don't know

so someone who has not completed the academy can go out and work a homicide? yes

did mcneil tell you she had conversations about what happened? i believe she said she got consent to get into home and that she had some initial information

when was the first time you knew a gsr had been run on ms bryan? at the hospital

and thats from ms bryan telling you ? yes

does osbi have protocol on running gsr? yes if its a shooting and its 4 hours or less and we

does the kit also contain swabbing for the face? i dont know

why have you not used it? cause i have not had a case where i am first on the scene

you believe the person who shot keith was wearing a gun?yes

do you still think that today? yes

the shooter could also have gun shot residue on their clothes? yes

wouldn't run a gsr on someone if they weren't a suspect? thats partly true

when the gsr was run was becky a suspect in the case ?no

you all set in a room? is door opened or closed ?closed

just you, det. mcneil and ms bryan? yes

and you conduct an interview ? yes

one of the first thing she tells you is the first time she saw shooter he was on top of keith? no

when you started talking about the shooter

you would agree with me that people start to make assumptions between what they saw ? yes

you know becky is a realtor? yes

when you talk to her she cant remember her own phne numbe - did you think that was strange? no

why not? she doesn't call her number

you saw that keith bryan called her at 802? yes

any reason to doubt that she got home between 802 - 830? she talked to him for 30 minutes

have you ever reviewed linda cooper statements? no

she says she heard a female laughing on the back porch at 8 pm ? but you dont think she was home then- so something is inaccurate? no

why ? i dont know that because i dont know it to be true

ms bryan asked for her phone?yes

and you started reviewing whatever you wanted to on her phone? yes

she said here look at whatever you want? she didnt use those words but she gave me permission

you didnt download her phone did you? no

how long did you review her phone and take data? a few minutes - her phone went dead

thats what stopped the review - the phone needed a charge? yes

did you actually gather data during that review? i believe i wrote down three numbers

did you look at the text messages? no

you said they had found some guns underneath the mattress? yes

gun shot residue is transferrable? yes

so if you pick up a gun you are transferring? thinking after the fact yes

so you could be transferring evidentiary material to other items? yes

why not change gloves before doing so? i don't know

typically i double glove

what is intriguing to you about going to utility room first? nothing, a starting point

The door is open on the washer- did you do that? no

you said the gun and shell casing fell out on the floor-

I think we know there was no photo taken of that shell? yes

there were over 700 photos taken n the house? yes

do you agree someone should have taken a picture of the shell casing to document where it was at? yes

later on the blanket gets examined at the house, correct? are you apart of that? no

did you know that they allowed becky bryan to go back into the room and lay on the bed? no

did you know sgt collins let her come back in and sit in the chair? no

would you allow her to do that ? depends

you know you dont let people come to the scene so not to contaminate the scene? correct

and that you dont want that person to be incriminated? depends

so why would someone be able to come and sit down feet from where someone was shot? i dont know

you had gloves on when you open the dryer door ? yes

and you do that so you know that not to contaminate the scene? yes

and you know that the dryer was never finger printed? i later learned that

would agent solorzano would have wanted that dryer finger printed? its possible i would have.

if you find unknown finger prints it could establish some unknown person opened that dryer? yes

do you know who made the decision not to fingerprint the dryer? no

you agree if fingerprints were taken it could have made a difference in the case? i dont know

so you would agree that at that time you guys already determined becky was the shooter and unprofessional investigation occurred? i disagree

you would have fingerprinted the dryer door? from what i learned from becky at the hospital, yes

did you know that mcneil went to police station to also get the report from a burglary of a gun at her son kent bryan's house.

do you remember her saying it was two weeks prior that kents gun was stolen > no

but it was actually 6-8 months before

do you know who JW Jones is? no

you have never heard that name before today? no

he said he witnessed a vehicle matching becky bryans description driving eastbound 152 around 10 pm ? not til later

if someone had given that information to OSBI on Sept 22 that would be important info to investigate wouldn't it? that would be important lead to follow up on

what would you do if that lead was assigned to you? i would interview mr jones.

if you learned about it the next day that would have been important to look?

OSB looks at security cameras typically ? yes

To your knowledge did you secure any footage from security cameras? no

if you had learned there was a vehicle spotted in the area would you have gone and looked at security cameras ? its possible

have you ever been involved in a shooting? not like this one

were you at all apart of teh search of the master bedroom? no

STATE's 20th WITNESS - Shawn Wright - OSBI CASE AGENT

Special agent for 5 years.

what is a case agent vs crime scene agent ? crime scene agents are specialized in focusing on the crime scene

you were case agent - means you were the agent on the shooting of keith bryan

at 1145 at night i received a call from joe ferrero asking me to respond to the shooting

is that when you were told you would be the case agent ? no not at that time

do you remember what info was provided by agent ferrero when he asked me to go there.

he knew since i lived in mustang i would know the area.

did he tell you the victim? i don't recall

what time did you arrive on scene? i believe approx. 1 am on sept 21, 2011

what did officer on scene tell you ? it was first time i learned the name becky bryan and that her husband, the victim, was the nichols hills fire chief.

were you apart of the documentation at the scene ? the actual documentation and photography of scene was left to mustang pd

what did you do? at that point primary job was to stay out of photographs

we walked perimeter looking at tree lines

when you entered residence for the first time - what purpose? to get an idea of the scene

when you first made entry - was that for a search or did you search later? later

just for initial information.

anyone not involved with law enforcement in the crime scene when you arrived? no

i noticed a few drips of blood on the carpet area in front of the couch - from initial observation i believed it was from during transport.

we did a grid search ? - each person takes a room

when did you know agent solorzano - went w/mustang to interview at the hospital.

when i arrived.

when did you find out ? it was much later

what info did he provide? several things he had interviewed becky at the hospital and he was about to leave and come back to the scene and he told me we were possibly looking for a Ruger LCP

when you first entered the house why did you not start searching the house immediately? to not get in the way of the photo of the crime scene by mustang pd

if i remember it was lengthy 2-3 hours

then you searched? yes

we noticed a defect on the front of the couch cushion?

how did you attempt to locate the projectile? we cut and l shape in the couch to see if we could locate a projectile once the upholstery was removed

did you find the projectile yourself? i did find it in the cushion

state exhibit 33- close up of cushion - projectile

do you know how decision were made to know where to search - there were not a lot of us.

after searching for casing- what area did you search

Agent Slorozano said something like hey guys you are going to wan to see this

i also think its significant to say i heard something like brass hitting the floor

what would that sound like - the shell casing

did you go in there? he was kind of backing out

was anyone else in there with him at that time?no i was in the living room near the kitchen

was he holding anything in his hands? i think he had laid it on the floor

what did you see ? i saw a small black semi automatic handgun a throw blanket and a brass shell casing in the middle of the floor.

i don't remember seeing the glove, though its depicted in the photograph

did you collect those items? no i did not - Agent thompson did I believe

by looking at the casing could you tell? i'm not an expert but thought it to be of 40 caliber

the gun looked like a .380 - so i was familiar with what the gun looked like

what did you do after - did you search any other area? we went to back bedrooms and looked in those areas at some closets and bathrooms

several guns in the master bedroom

also some luggage on the floor of the master bedroom

and i found something that i felt was of evidentiary value between the mattress and box springs

on becky's side of the bed

how did you know it was the master bedroom - there was luggage with female clothing a double tree receipt

What did you find ?

Ruger LCP .380 gun box

a receipt with keths name on it

another gun wih a 25 auto and it was in its box and several boxes of ammunition

there was a club tucked between the mattress and the box spring

did the search of the master bedroom happen before agent solorzano found the gun? yes he was not back from the hospital yet

did you make a comparison to see if that gun box matched the gun found? yes the serial number matched

STATE EXHIBIT 35- mattress lifted off box springs on what i have been referring to as becky's side of the bed

STATE EXHIBIT 36 - closer photo of same items

STATE EXHIBIT 37- picture of open gun box

STATE EXHIBIT 38 -box of ammunition - its black and gold and says blazer brass - the box will hold 50 rounds - there are 45 in box - 5 are not there

STATE EXHIBIT 39 - box labeled independence - 16 missing - but interestingly it was marked with the same blazer brass

STATE EXHIBIT 40 - again a more close up of independence box w/ 16 rounds missing - with ammo marked blazer for 380 auto

Did the ammunition you found in the independence appears to be the same in the blazer brass box - i didn't notice any difference- marked blazer

STATE EXHIBIT 41 - the end of ruger 380 box that shows the serial number

coin envelope- its something we refer to as a test fire - that gun manufactures provide. it would have been a spent casing from the weapon.

where was that envelope found - in the ruger box in the bedroom

did you make any comparison to the gun - gun box? yes i did

anything else found between mattress and box springs - not that i recall

did you collect the items from the mattress and box springs - no it would have been crime scene agents.

when did you find this - before martin found gun?

Martin had not returned from hospital when i found these items it would have been around 415

martin found the gun in dryer somewhere around 630 am

anything else you found? earplugs found on vanity - that can be associated with firearms

you found other guns? yes in what appeared to be keith's closet - a cabinet that had several long guns, riles, and a gun in a holster

what other areas did you search after- study and another bedroom - i don't believe we found anything in that area of the house

did you collect any items of evidence from the house? i don't recall collecting any - that would be crime scene agents

the projectile you fond? crime scene agent

did you search any other areas other than westside? yes a door - it was a door that led to unfinished stairs and unfinished area - we walked around believe we found a box of 22 ammo up there

how were you making decisions on what part of the house to search - you told us wen you arrived you didn't know anything other than someone had been shot when you first arrived- correct - yes

do you mean a plan or pattern? there are any numbers of way -one is to start close from where the shooting occurred and work out to a spiral. the other is a modified grid area.

any other areas- the back patio. we saw some masonry work being done

we also searched a 2nd master closet - we didnt find anything and a garage that had a harley davidson and a freezer. that pretty much covers the interior

exterior? cars in driveway? a tahoe that had firefighter stickers

also, a small blue pickup that i had glance down consider it a s10 chevy.

did you find anything related to case? we did not

did you look at the residence across the street? yes

across from bryan's driveway there was another driveway and i noticed a mark.

i had crime scene agents photograph what looked like a tire had left a mark

describe the dirt and vegetation on that driveway - the vegetation appeared to have recovered in other words it was not smashed down to be anything that occurred recently.

it is commonly considered a skid mark but i would call it an acceleration mark.

at some point did you meet with rebecca bryan - on the 21st outside of mcneil's funeral home ? yes

first encounter? yes

she said , "we already got the son of a bitch or we wouldn't be there "

prior to going to funeral home - to your knowledge had anyone told the defendant the alleged shooter had been shot or had shot himself?

to my knowledge i had not heard anyone say the shooter had been shot or shot himself

had you heard about the suspect being shot or killed ? i had not

stipulate and agree - HTC telephone state exhibit 44 was the telephone becky bryan used and that it was handled properly

EXHIBIT 44- i wrote sprint

the phone was sealed in an envelope? yes

folders contain - phone / test fire / contains

searched her office - file cabinet

12 page hand written letter - its signed your truly becky

have you reviewed that document - yes

where did you find that ? i don't remember in desk or file cabinet

was there a reenactment of someone leaving the bryan residence-

we filmed the car at different speeds to determine how long it would take to

AGENT DESCRIBES HOW THEY PERFORMED REENACTMENT

CROSS EXAMINATION -

being your first case did you go wow? anytime its a homicide its intense but not panicked.

we have a dryer - is that the perpetrator placed the gun in the dryer

the case we are here on it is being portrayed the perpetrator placed the gun in the dryer - is that fair? yes

and in such the dryer may have had evidentiary value? it did

so who makes the decision at that time no to fingerprint the dryer? i dont know that there was an active decision not to - it wasn't - but i don't know anyone said we are absolutely not going to finger print the dryer

i believe with hindsight it would have been a good idea to finger print the dryer but i think when we found that the focus shifted

what one of the boy gave you consent to go back in?

what i'm saying is you had access to crime scene until sept 21 - so you would have had opportunity to finger print the backdoor? several witnesses at hospital said that the intruder came in the back door.

when you are going in garage area were you worried about contaminating the scene.

did you know before you went in that it was suspected the intruder left

did chief folley tell you becky was a suspect? i don't remember that i remember him saying she was the only witness

did you know that a gun shot residue test had been done on becky before you arrived? i Was low light done? we had been up and down the stair way but we couldn't make a decision one way or another

would it have been a good idea to put the light down on the garage floor to look for footprints? with the amount of traffic there is the potential it would not have contained evidentiary value

but we don't know cause it wasn't done? correct

did you ever direct the photographers to take pictures of the footprints? no

in your search of the house did you find any 22 firearms? there could hav been but i dont remember specifics

did you not think it was strange to find a 22 shell laying on the floor in the kitchen? it caught my attention

and it caught your attention someone could have gone up the stairwell where you found 22 ammunition? we found the ammo but i don't know if someone went up there.

i said i looked at stairwell and didn't fin evidentiary value?

but you said you saw prints?

the prints i saw didn't look like anything that happened in the last few days. the prints had additional dust on them so it didn't look recent

low level lighting can be photographed? correct

but we don't have any photo of what you saw with low level lighting? no i didn't have em take any cause i didn't see anything of evidentiary value.

i know you talked about drop of blood near the couch- did you have it photographed? it is depicted in some photos.

there was a series of drops here on the carpet off the couch that did not appear to be high velocity or blood spatter - so i assumed it was from paramedics transferring him to a stretcher that was my speculation?

do you look for spatter ? yes we just look for any evidence from the blood

by naked eye? yes.

any other technique to determine ? yes if you see by naked eye - then we can do some processes with photography etc

were any agents with you on hat initial walk through?if so it would have been ferrero

DISCUSSION OF DRIVEWAY - illustrating acceleration mark

**portion missing to put together live report for news9***

would you agree with me the gun would have gunshot residue? yes

and they should changing gloves so as not to transfer GSR? items were all found in the dryer so the potential already existed for the GSR to be transferred.

agent solorzano does not remember what he did with the blanket? to my recollection he ad already laid it on the floor as its depicted in the photograph - i now he talked about unfolding it but i dont recall that occurring

did you go to the master area? i remember seeing all the guns and there was a more thorough search of the bathroom that i was not involved in,

you found a club- thats what i called it

you found a glock box? yes i did but i dont remember specific contents

you agree there was not a 40 caliber glock ? thats correct there was no gun

do you know who ‘s glock? i learned after that keith owned a 40 caliber glock- the box was found on his side of the bed

has anyone ever found that gun? if they have... they haven't told me

do you think its possible that gun was stolen? i don't have any information either way

usually when one sells a gun you include all it, of that goes with it? are you asking me to speculate

just asking if you sold a gun wouldn't you also give the box? yes

the box under keith bryan's bed - why was that not photograph? i have no answer

is that something you would have wished you had? i don't know what a picture of the box would do.

well,has anyone hunted for that gun? not to my knowledge - it was never reported stolen or anything to that nature

did anyone from mustang pd tell you it was tried to be reported stolen but they would not accept it? i have no knowledge of that.

where was this box at ? the wooden headboard was deep and stood out from the wall so it was kind of tucked behind the headboard if you will on keith's side of the bed

ti know its not depicted in the picture but there was also a Ruger receipt inside that box? yes

what is that - 1st page a photo copy of sales transaction at H&H for a Ruger lcp 380 caliber with what appears to be keith bryan's signature

also page two of transaction.

i came into the possession of the box of the gun that was stolen.

you photographed the contents of the box correct? yes

who purchased that gun? it was kenneth bryan

did you ever learn the circumstances about that gun being stolen? ive heard some thing about it

do you know what day? i have no first hand knowledge

do you know the fingerprints were given to the osbi? have you or anyone interviewed that individual? no, not that i'm aware of

have you bought guns at h&h? i try to find em a little cheaper

how many bullets were found in the gun? i believe there was one in the chamber and 4 in magazine.

and then we know one hit mr bryan ? yes

thats 6 bullets? yes

there was as picture showing there are five missing shells.

Defense exhibit 45 & 46 depicts the box of ammo

the picture shows five missing rounds? from this box yes

now there was also a box that said independence? the box said independence but the bullets said blazer brass

do you know why the box says independence and the bullets say blazer? one could be that they unloaded magazines into the box. the other is thats how independence marks its bullets

did you know that independence is a knock off blazer brass? recently,yes.

do you know if gun powder was tested in the independence compared to gun powder of blazer brass? not that im aware of

you've heard that they test a certain lot to check if they all come from same manufacturer time and place? yes

but as we sit here today we dont know if that has been done from the osbi? if it has i'm not aware

does it seem odd that there were 5 found and 1 that hit keith ? no it could have been that magazines were unloaded

the meeting with becky bryan in sept 2011? yes

you said she was under the belief that someone had been caught or killed themselves? i believe what she said and its not a direct quote but close. they have already caught the son of a bitch or they wouldn't be here, meaning us at that time.

do you know who JW Jones is? i do

how do you know who he is ? the reports and an interview i did with him.

when did you interview him?

i interviewed him yesterday.

who interviewed him before ? francia thompson

she didnt print that report until april of this year correct? yes

now he came to you on sept 22 didn't he? he did

why would she wait until a month before trial to come forward with that info? it was an oversight on her part

the info he provide is critical - that fit the description ms bryan gave to police? i wouldn't classify it as critical

but it was important? it could be classified that way

well the info by JW Jones put someone in a vehicle similar to description around 10pm driving erratically?it wasn't described as erratic

well he told agent thompson that it he almost hit a car?

is it safe to say you didnt now about that info in sept 2011? i did not know

is the first time you were given information given to francia(SP?) thompon in april? the last month or two

is that info as a case agent you would want? i'm not sure how to answer that

did anyone ever search for security cameras along the route from rose hill to 152? no

thats a technique to get info from security system? yes i remember asking officers at the scene if there was any security camera footage

have you gone back in the last couple weeks attempting to locate that? i have not

has anyone else done so? i heard some speculation but i don't have any first hand knowledge

now francia thompson interview mr jones? was she at the time of that interview? was she a crime scene agent? yes she was a crime scene agent at that time if it was otherwise i didn't know about it

so you wouldn't be her supervisor? no i'm not her supervisor