Accused killer takes to cross-examinations
DOWNTOWN LA — Deemed competent to stand trial, a Santa Monica homeless man who decided to represent himself is making the most of his opportunity in court by cross-examining witnesses who have helped build the murder case against him.
David Thomas Wright, 49, appeared at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles on Tuesday for the second day of his court trial in what seemed to be better spirits than his Monday appearance.
Wearing a blue, prison-issued jumpsuit, Wright’s hair was unrolled, revealing a dark shoulder-length afro. He kept several worn pieces of paper in a bundle close by, his apparent case notes, which he referenced throughout the proceedings.
Wright is charged with murder for allegedly killing Aviva Labbe, then a 20 year-old woman who authorities found dead on June 14, 1998. Labbe was found lying face down in a walkway on the 200 block of Hill Street, at a vacant Santa Monica home.
Labbe’s murder had been classified as a “cold case” and remained unsolved for nearly four years until a sampling of Wright’s DNA linked him in 2002 to the murder through the U.S. Department of Justice’s database system, authorities said. Convicted felons are required to give a DNA sample, which puts them in the database for authorities to periodically check.
Wright was found in the California state prison system serving a six-year sentence for battery of a Santa Monica police officer during an unrelated incident, authorities said. In January of 2001, a jury found him guilty of battery, resisting arrest and failing to register himself as a sex offender.
The trial has been delayed nearly two years as Wright has fired two public defenders assigned to his case.
The most recent public defender, Leonard N. Garber, is being called Wright’s “stand-by” attorney. During Tuesday’s proceedings, Garber coughed out loud after several of Wright’s remarks. He shifted nervously in his seat and changed seats around the courtroom.
The trial is being presided by Los Angeles Superior Court Judge Ruth Ann Kwan, and the only people present in the courtroom Tuesday was Deputy District Attorney Ellen Aragon, a court clerk, a bailiff, two witnesses and one member of the press.
The trial began at 11 a.m. but was quickly recessed until 1:30 p.m. so Wright could have the opportunity to gather his notes to cross-examine a witness for the prosecution — a Santa Monica woman he allegedly attempted to rape more than 10 years ago at the corner of California Avenue and Second Street.
Wright was scheduled to cross-examine the alleged victim in the afternoon. Earlier in the day, he cross-examined Santa Monica Police Department Detective John Henry.
Judge Kwan frequently interrupted Wright’s cross examination, objecting to his line of questioning. At one point, Wright attempted to question Henry’s authenticity as a Santa Monica Police officer, who investigated the case.
“Will you agree to let the State Department investigate whether you are a licensed police officer?” Wright asked.
Henry said he would agree, but Judge Kwan intervened.
“Do you have any reason to believe Detective Henry is not a Santa Monica police officer?” Judge Kwan said.
“No,” Wright said. “OK, well then you do not need to question it,” Kwan said. “Mr. Wright, we need to move along with the questioning.”
Aragon today is expected to call a DNA expert witness from the Serological Research Institute, the laboratory which has examined the semen and saliva samples that match Wright’s and were found at the murder scene.
Garber said he explained to Wright that he may do better in court with a jury trial, but Wright refused the advice.
Garber said he felt Wright was not competent to stand trial and informed him as such, which Garber said might have also had to do with why Wright decided to represent himself.
Three psychiatrists evaluated Wright and only one of them felt he was not competent to stand trial, Garber said.
Originally published in the Santa Monica Daily Press print edition on March 23, 2005. Read the original PDF.