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Both Sides Rest in Zamora Trial

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David Graham's Trial

(FORT WORTH, TEXAS - Feb. 12) "Don't tell them anything...just trust me and wait in your cell for my instructions."

These were the words of David Graham in his letters to his former fiancee Diane Zamora in the months following their imprisonment for the murder of Adrianne Jones. Defense forensic psychologist Michael Lobb returned to the stand today and read excerpts of Graham's letters to Zamora. Based on his examination of Zamora and his evaluation of the letters exchanged between Graham and Zamora both prior to their imprisonment (when Graham had just entered the Air Force in Colorado and Zamora had just enrolled in Annapolis) and after their arrest, Dr. Lobb testified that Graham was the dominant person in their relationship.

"'I told them [investigators] you [Diane] wouldn't say anything against me, that you would take the death penalty for me,'" Dr. Lobb read from Graham's letters. "' I don't believe you could ever go against me...Don't do anything for the DA (district attorney), your lawyer, or your family until you've had a chance to meet me first. Trust me...I haven't let you down yet, have I?'"

Excerpts from David Graham's letters to Diane Zamora
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Dr. Lobb continued to read from Graham's various letters to Zamora. "There's no way I'm going to jail while you walk free," Graham wrote. "...Us spending 10 years in jail married is better than you going free and my spending 40 years in jail. I'm not meant to be in prison....I'm not trying to dominate or control you in any way. I just want you to be dedicated to me, to know that you'll doing anything for me."

Dr. Michael Lobb states his professional opinion of Zamora
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"Who's fault is this [the murder] anyway. Submission is an act of God," Graham also wrote to Zamora, as read in court by Dr. Lobb. "This is a contest of who can be more submissive, not one of who can be more stubborn."

Dr. Lobb also read letters from Graham in which he demanded that Zamora stay away from her classmate Jay Guild, respond to his letters right away, and correspond only with him and her family. The doctor also examined a letter written by Graham to Zamora (dated November 4, 1996, the one -year anniversary of Graham's tryst with Jones) in which he apparently drew an ominous picture of Jones. Dr. Lobb said that, based on his sessions with Zamora since the spring of 1997 and her discussions about her depression while growing up in troubled family, Zamora was not (and has never been) homicidal, but she is suicidal.

Defense attorney John Linebarger's defense strategy for Zamora has been to portray Graham as a domineering, violent person. But Linebarger raised some eyebrows by not having Dr. Lobb read excerpts of Graham's letters which allegedly contained his threats towards Zamora. Linebarger apparently wanted to save time and was afraid of losing the interest of the jurors.

During cross-examination by prosecutor Sylvia Mandel, Dr. Lobb admitted that it was not unusual for co-defendants to blame each other in a crime. The prosecution also had Dr. Lobb admit that in her psychiatric evaluation, Zamora tested high on the psychopathic, sociopathic, and paranoia scale. Lobb conceded her scores were highest in the area of psychopathic deviance and mania, the combination of which were indicative of a "classic criminal" personality. These admissions told jurors that Zamora's tests indicate that she is incapable of conforming to the normal rules of society.

The prosecution then presented a rebuttal case in which Navy Lt. Comdr. Patrick McCarthy was called back to the stand. McCarthy said that, contrary to Zamora's previous testimony, none of the investigators threatened Zamora during her interrogation. Forensic lab director Max Courtney was also recalled and disputed the defense's theory that Graham brought Jones's body back to the car after he shot her. Courtney said that if that had happened, Jones's blood would have gotten on Graham's hands and that Graham's bloody handprints would have been present on Jones's clothes. The witness also noted that there were no drag marks on Jones's body, suggesting that Jones body was not dragged on the ground after she was shot (if she was moved at all).

During cross-examination by defense attorney Don Gandy, Courtney admitted that rain and time could have washed away any drag marks on Jones's body. He also conceded that the position of Jones's hair when she was found could have resulted from either being carried or thrown over someone's shoulder and that he had only examined the murder site 12 days after the body was found. But, Courtney noted, the position of Jones's hair could have come from the impact of Jones's being shot in the head.

With that, the state's rebuttal case ended. Judge Joe Drago III then dismissed the jury until Monday, February 16. Judge Drago wanted to have time to write the jury charge sheet (the list of all possible charges the jury must consider against Zamora) and give both the prosecution and defense opportunities to contribute and evaluate the instructions. When the jury reconvenes at 9AM EST, Judge Drago will read the jury charge and then closing arguments for both sides will take place. The jury is expected to start deciding Zamora's fate on Monday.


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