
MARTINEZ, Calif. — Accused killer Susan Polk made three requests Wednesday for a mistrial based on judicial misconduct, argued with a deputy, and then began a second contentious day questioning a witness who, Polk claims, has falsely accused her of being verbally abusive.
And that was just in the first hour.
"You stated that I wrote verbally abusive letters to you," Polk said to middle-school teacher Marjorie Briner, the woman who became foster mother to Polk's son Gabriel, after Polk was arrested for stabbing her husband, Felix Polk, to death in October 2002.
"Do you understand that perjury is a crime?" Polk asked.
Briner sat back in the witness box, a broad smile across her face. The question was not allowed based on relevance.
It has been almost three years since Briner cut off all communication with Polk, a woman who once thanked her for taking in her youngest child, but now accuses her daily in court of brainwashing her sons Adam, 23, and Gabriel, 19, to testify against her.
Polk believes the Briners are part of a conspiracy to loot her estate.
Briner previously testified that Gabriel refused to speak to his mother after his father's death. She said she tried to maintain friendly relations with Polk, who was in custody.
She paid for it, she said, by enduring months of verbal abuse over the phone and in letters, until a final "blow-up" on the phone in July or August 2003, when she cut off contact with Polk.
Polk served Briner with a subpoena Tuesday, ordering her to bring in every letter she ever sent Briner and her husband, Dan.
Polk picked through a series of letters Wednesday, many including pencil illustrations and greeting cards, which she had written to the Briners in better days.
"So, Ms. Briner, when I sent you this millennium tree, was that an example of verbal abuse?" Polk said, projecting a sketch she drew in jail of a tree with sloping, bare branches that held such words as "hope," "faith" and other blessings for the 2003 New Year.
Briner reiterated her previous testimony, that Polk had a pattern of sending kindly words and cards that would include gentle requests, such as a list of Christmas gifts she wanted Briner to purchase for her sons, which she would reimburse her for.
The repercussions that followed were over the smallest of infractions, Briner said.
"You were enraged that I had not purchased the 'Pumping Iron' DVD for Adam, even though Adam did not want it," Briner said. "You raged, you screamed, and then you follow up with a very nice letter ... making repairs."
Polk was not satisfied. She pulled out another letter she wrote the Briners from jail, with an illustration of a rabbit on the front.
"Does that look like a bunny that blows up at people?" Polk said to the prosecutor as she showed him a copy.
The Dec. 27, 2002, letter profusely thanked the Briners for taking her boys in during the holidays, and included a request of birthday gifts for Adam and Gabriel, with more apologies for having to ask and arrangements for their reimbursement.
"So, Ms. Briner," Polk said as she projected a copy of the letter for the jury. "No verbal abuse on that card, is that right? Or do you consider that verbal abuse?"
Briner repeated that the letter was an example of Polk's pattern. She also noted that there was another packet of letters Polk had not gotten to yet, that documented the defendant's abusive comments.
Briner is expected to return to the stand after the lunch recess.
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