Background Diane Zamora's Trial Graham Motions Overview Discuss the case Clara Tuma Chat Transcript Live Video Video Index April 20 (Pretrial) April 21 (Pretrial) April 22 (Pretrial) April 23 (Pretrial) April 24 (Pretrial) Zamora's Confession Graham's Confession Chronology July 15 (Openings) July 16 July 17 July 20 July 21 July 22 July 23 (Closings) July 24 (The Verdict)

Clara Tuma: Kearny went home to her folks in California and I am not sure what Mandy Gotch is up to these days.

SimonByrd asks: Why is everyone so confused as to WHY Adrienne would get in the car with Diane? She had a gun....why is it so hard to believe that Diane forced her into the car via gunpoint?
Clara Tuma: I think that people think it is unlikely that Adrienne would have stepped out of the house to even speak with Zamora much less have gotten in the car with Zamora.

Clara Tuma: But you are right on track with the defense because the defense made the same point you are making in a press conference today.

AE1249_T_X asks: In general, do you feel that the trend has shifted away from a presumption of innocence, to a presumption of guilt?
Clara Tuma: I've always thought the presumption of innocence is easy to believe in and hard to put into action.

Clara Tuma: It's much easier to say it in the abstract than for instance to be on Ted Bundy's jury and presumed him innocent.

Clara Tuma: But it is hard to think of a right that is more integral to the American system. {Clara wave flag}

True_76063 asks: can someone please tell me,what is the least punishment david could get?
Clara Tuma: If he is convicted of capital murder, its mandatory sentence of life in prison with a forty year minimum.

Clara Tuma: But if he is convicted of simple murder, the range is five years probation to life in prison, with a thirty year minimum.

Anadora2 asks: Have you talked to Diane yourself?
Clara Tuma: I haven't but I'd love to. I'd love to know what she thinks of David Graham's defense.

Max334477 asks: The defense attorney laid out his whole case at the press conference today. Do you think this is unusual prior to closing arguments?
Clara Tuma: I do, but I also think its unusual to claim the confession was coerced and not present a single witness. He's been doing press conferences everday, so today's was not unusual. We just don't normally carry them live on Court TV like we did the one today.

Sweetiepetie_17 asks: Hi Clara! Are you enjoying the Texas heat? :) I'm from Austin. I was wondering whatever happened to the "surprise witness" concerni
Clara Tuma: Okay. Hate the heat.

Clara Tuma: The suprise witness testified last week and said she took Adrienne home from the track meet the day of the supposed tryst with David Graham, meaning that sexual liason could not have occured, at least on that day.

ZiggyZach_98 asks: Will Diane Zamora get an automatic appeal? If not what does she have to prove to win an appeal?
Jon Bonne: tough question...

Clara Tuma: It's not automatic, but she has to prove that a serious mistake was made at her trial. She's got a new court appointed lawyer to handle her appeal.

Jake59 asks: Who will give the final closing argument tomorrow?
Clara Tuma: It will be Michelle Hartman for the state then Dan Cogdell for the defense then Mike Parrish for the state.

Bsanberg asks: David Graham seems to always have a smirk on his face in the courtroom. Do you notice this?
Clara Tuma: Yes, and don't think for a minute the defense has not told him a million times to lose that smirk.

Dmmascia asks: Is it hard to report on cases and not show your true feelings about the case?
Clara Tuma: Not really because why would anybody care what I think.

Clara Tuma: I think people are interested in what I see or what I find out that might help them have a more well rounded view of what is going on. I am not sure my opinion would be worth anything.

Molbloom asks: Do you think the jury is going to convict him? What about lesser included charges?
Clara Tuma: Rule number one of reporting on courts is don't be stupid enough to predict a jury verdict. I learned that the hard way, so I will pass on my prediction. The question of lessers will be decide tomorrow morning. The state does not want any, but the defense probably will.

Irishman_70301 asks: How important was the cross examination of the Mason girl?
Clara Tuma: Fairly important because the state wanted to portray her as a close confidant of Diane zamora which could give her added credibility. The state's point is why would Diane Zamora tell her best friend something that isn't true.

Clara Tuma: I think that if Cogdell didn't poke holes in her testimony it could have had serious consequences for the defenses.

Jon Bonne: I think we've only got this room for a few more minutes, but Clara is going to be able to stay a little longer.

Codine asks: Clara do you think David's confession was pushed on him, It seems to me that he put alot of thinking into his confession?
Clara Tuma: The defense argument is that he was coerced into making it and that once he made the decision to give a confession he spent more than an hour making up an elaborate, detailed lie.

SharCog asks: Did David and Diane make any eye contact in the courtroom today?
Clara Tuma: Yes for about thirty seconds. When she looked away from him, he continued to smile at her until she left the room.

AE1249_T_X asks: How well did Dan Cogdell set this case up for appeal? Do there appear to be any appealable issues at this point?
Clara Tuma: So far I see a couple if there is a conviction. namely, the statements of Diane Zamora to her friends being admitted against David Graham.

Clara Tuma: I think there may also be a question about whether the judge should have allowed Diane's notebooks into evidence because they did not appear to include anything that specifically incriminated David.

Bbeckham_phd asks: What was Cogdell's fee?
Clara Tuma: Peanuts. He wanted the exposure and took it for the publicity not the cash.

Jon Bonne: Clara has five more minutes before the courthouse closes.

Kathy_E1 asks: How did Zamora get into the Naval academy with an impaired hand?
Clara Tuma: Great question! And it is one that no one has adressed in either trial.

Noah51093 asks: Clara, how can they prove that david was not at the cime scene?
Clara Tuma: They can't prove that he was not there, but they can argue that there is no proof that he was.

True_76063 asks: has the family of adrianne jones been there everyday?
Clara Tuma: Everyday.

Clara Tuma: I was particularly struck by her father's reserve as he sat and heard David's confession read in court. He was on one side of the courtroom and David Graham's father was on the other. And I couldn't help but think about what their lives were like on Dec. 2, 1995. And about the hopes and dreams they had for their children. THeir whole lives changed when Adrienne died.

Delta2j asks: Did the prosecution do enough to humanize Adrianne
Clara Tuma: They did not do much. But I'm not sure that in a case like this you have to.

Clara Tuma: I can't show you the crime scene photos, but I hope you will take my word for it when I tell you that seeing a photo of a sixteen year old girl shot twice in the face is a haunting image.

Clara Tuma: It doesn't tell you of course who the killer is, but it does remind you of the tragedy of the murder.

Jon Bonne: We don't want Clara locked in the courthouse overnight, so we're only going to be able to take a couple more.

Jkp01 asks: Clara, you covered the Zamora trial also...would you compare and contrast the two judges.
Clara Tuma: They are very close friends. Both democrats turned republican and both as Texan as they come.

Clara Tuma: Judge leonard is a little more layed back and down home than judge Drago. They are both well regarded jurists.

Clara Tuma: But the defenses in both cases complained the judges bent over backwards for the prosecution. I'm not sure it was a valid criticism but it was there.

Cyber_god2 asks: if David is convicted is there a sign that their will be a civil suit brought by Jones's parents?
Clara Tuma: Not that I know of, Neither the Grahams nor the Zamoras are rich so I don't think there would be any deep pockets too sue.

Jon Bonne: Clara has to go now. But we'd like to thank you, Clara, so very much for taking the time.

Clara Tuma: Thanks guys. I was really afraid of what this would be, but it turned out to be great fun. Stay tuned to Court TV tomorrow because who knows? we may have a verdict.

Clara Tuma bows gracefully.

Jon Bonne: And don't forget our Graham trial coverage at www.courttv.com. Thanks to everyone out there, hope you'll join us again soon! Goodnight!

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