The Police News

November 2, 2009
Reporter Joan Meidam
jmeidam@thepolicenews.net

Day four of the Royce Zeigler murder trial continued today in Galveston with the testimony of Elias Cazeres, a 13-year veteran of the Galveston County Sheriff's Office.

Sgt. Cazeres is assigned to the Identification Division, Crime Scene Unit, and is responsbile for the collection of evidence and scene documentation.

During his testimony Sgt. Cazeres recounted photographing evidence for documentation and how items of clothing were laid out to dry before being stored at the Sheriff's Office.

At one point during his testimony Cazeres put on gloves, opened a cardbox box, and began removing items of evidence including items in clear plastic bags. Those items included Riley Ann Sawyer's shoes, skirt, shirt and panties.

Present in the courtroom before testimony began was the blue, plastic trunk which contained the remains of Baby Grace, which Cazeres also identified.

He further described the search of Zeigler's home and storage unit. During the search of the house, a spiral notebook and other items were taken for evidence. One of the notebooks included the infamous 'Rules For Riley' in the handwriting of Kimberly Dawn Trenor, Riley's mother who is now serving a life sentence for her part in the baby's murder.

The rules read:

1. Be polite
2. Listen to Mom and me
3. Sleep at 8pm
4. Nap at 2pm
5. Toys stay in room
6. Put toys back
7. Behave in public
8. Never alone in our room
9. Chocolate cake treats only as a reward

Sgt. Cazeres told of searching the storage unit saying it contained 15-18 boxes. One of those boxes contained about 33 items including spiral notebooks, pads and paper.

Cazerez testimony also included his search of Zeigler's vehicle then returning to the storage room area when the Sheriff's Office received information the Zeigler family was cleaning out the storage room. He also said he attended a meeting in the DA's office attended by Zeigler and Trenor and their attorneys.

DNA and handwriting samples were taken from both Zeigler and Trenor in an effort to determine who wrote 'The Rules For Riley.'

Cazeres was then asked to identify the defendant Royce Zeigler which he did by pointing him out at the defense table. He then testified he took a handwriting sample from Zeigler to use in comparison with the indented writing found in a blue spiral notebook.

He told the jury there were two parts to a suicide confession. He also said that one inmate form filled out by Zeigler was also sent to the FBI for additional handwriting analysis.

Assistant DA Kayla Allen introduced Zeigler and Trenor's marraige license into evidence.

During cross examination by the defense attorney Cazeres pointed out that he is usually briefed by the lead investigator, then searches for the evidence, then assists in getting the evidence processed. He said that a list of possible evidence to search for was provided by Sgt. Mike Berry, the case investigator.

Asked if Sgt. Berry told him about possible evidence of suicide Cazerez replied he did not recall.

It was also learned that another notebook was turned over to the Sheriff's Office by defense attorney Davis and Hub Mayer a retired Houston Homicide Detective working for the defense.

Ms. Allen objected to testimony involving that notebook partly because, "Ms. Trenor is unavailable to testify regarding the notebook."

Attorney Davis solicited further testimony from Cazeras regarding "The Rules For Riley." When asked if he thought those rules were appropriate for a 2-year old, Sgt. Cazeras answered affirmatively stating, "they seemed pretty reasonable."

Davis also asked Caseras if any of the trace evidence linked Zeigler to Riley's death, to which he replied, "No".

Sgt. Cazeras was then excused from the witness stand and court recessed for lunch.

Baby Grace Day IV
Afternoon Testimony

The prosecution called it's next witness, Sgt Mike Barry of the Galveston County Sheriff's Office. Sgt. Barry began his testimony stating that he has been with the Sheriff's Office for 19 years and has a total of 34 years of law enforcement experience.

Sgt. Barry is an investigator and his testimony began with him telling the jury that he had been present at the initial crime scene when Riley's remains had been discovered. He then went on and spoke of his presence at the autopsy, observing the clothing, shoes, bodily remains and the container itself. He then started on the process of trying to identify the remains. Within a week it had been ascertained that both the shoes and the container were bought from Wal-Mart. A sketch artist was contacted, the sketch released to the media and a press conference was then held.

Further testimony from Sgt. Barry recounted how he attended a vigil for Baby Grace and the attendees of that vigil were videotaped. He stated that was a common practice in this type of investigation. He went on to testify that since the press conference and release of the sketch that approximately 400 leads were divided among investigators to be followed up on.

Upon further questioning Sgt. Barry recounted a conversation on November 20, 2007; the person on the other end of that phone call, was the defendant. Sgt. Barry was aware of both Mr. Zeigler and Ms. Trenor and wanted to obtain DNA samples from them. Mr. Zeigler advised him that he and Ms. Trenor wanted to give their DNA samples and that Baby Grace could not be Riley, because Riley had been removed from his home by CPS of Ohio. Mr. Zeigler then informed Sgt. Barry that he would talk with Ms. Trenor and make arrangement to come in for the samples to be taken. The witness described Mr. Zeigler's demeanor over the course of that phone call as, calm, cooperative and cool.

The witness testified to going to the defendant's home, after his second interview with the Sheriff's Office. Sgt. Berry stated he saw a couch with missing pillows, a house with tile floors throughout and some scattered furniture.

Sgt. Barry then went on to testify as to a trip he made to Ohio in an effort to interview members of Ms. Trenor's family and others, to obtain a background history of both Ms. Trenor and Riley. He further testified to interviewing Nelly Zeigler and Hiram Zeigler, the defendant's mother and brother. Both were accompanied by attorneys and both volunteered to talk with the Sheriff's Office. Around that time Sgt. Barry obtained search warrants for Mr. Zeigler's and Ms. Trenor's vehicles.

The Sgt. Then made another trip to Ohio when he interviewed Ms. Trenor's family members again. He also attended Riley's funeral and was a pallbearer.

Upon further questioning, Sgt Barry stated he obtained a warrant for the Yahoo accounts of both Mr. Zeigler and Ms. Trenor. The District Attorney asked Sgt. Barry if the defendant ever admitted to anything having to do with Riley's death and the defendant answered, no. The witness stated that his goal in interviewing was to either prove or disprove any statements since the first interview of Mr. Zeigler. He also stated that he couldn't corroborate the defendant's first statement to the Sheriff's Office.

Sgt. Barry also testified that in Mr. Zeigler's first statement when questioned as to his suicide note, that the defendant stated he did that "to get Kim off the hook." In Mr. Zeigler's second statement, Sgt. Barry testified that the defendant stated he couldn't take the situation any more, that he would leave the home that he and Ms. Trenor shared, pay all the bills and give Ms. Trenor money, month to month. During that interview Mr. Zeigler also asked the Sgt. What he would be charged with.

Also during the defendant's second statement Sgt. Barry testified that the defendant told him that he could no longer take Riley acting out and running amok; that his mother was on his case that Riley needed discipline and that Sheryl Sawyers was harassing him. Mr. Zeigler also said that he wanted to divorce Ms. Trenor but that she had talked him out of it.

Sgt. Barry continued with his testimony regarding Mr. Zeigler's second statement. Mr. Zeigler stated that he remained in bed that day the discipline sessions ensued. The defendant stated that he heard screaming and yelling but continued to nod in and out of sleep. He finally exited the bedroom when he heard Ms. Trenor call out his name and he found Riley on the floor and Riley's skin coloration was purple.

The defendant said he was afraid to call the police because he had recently been made aware of another case where a mother's boyfriend had been sent to jail. Mr. Zeigler maintained that the trip to Wal-Mart was to comply with Ms. Trenor's wishes of giving Riley a 'proper burial.' In his statement, Mr. Zeigler told Ms. Trenor. "This is your mess, you need to clean it up."

In his closing testimony Sgt. Barry stated that he didn't interview the defendant's former coworkers at his previous job because the defendant held that job before Kim and Riley came to Texas.

Attorney for the defense, Dee McWilliams questioned Sgt. Barry. Through his questioning Mr. McWilliams asked Sgt. Barry why he didn't question Mr. Zeigler's former coworkers at his previous job, since the Sgt. Barry had obtained so much background history on Ms. Trenor. The attorney pointed out that Mr. Zeigler had started his last job in the middle of May and Ms. Trenor and Riley arrived to live with him at the end of May. Mr. McWilliams suggested that Mr. Zeigler's former coworkers at his job for SCI would have known much more about him, since the defendant had been at that job for approximately a year and half.

Mr. McWilliams also noted that the people Sgt. Barry interviewed in Ohio had never met the defendant. Further questioning revealed that no friends of the defendant had been interviewed either.

The defense then played portions of the defendant's second statement where Mr. Zeigler spoke about the black and blue marks on Riley and the belt. Upon questioning, Sgt. Berry stated that, no, Mr. Zeigler never said who had left those black and blue marks on Riley and that the remarks about a belt were meant in general terms, not necessarily specific to July 25th.

In closing Mr. McWilliams asked if it was possible for someone to lose objectivity by becoming too emotionally close while investigating? The witness answered he did not feel that he had lost objectivity but that it could be possible. Then Mr. McWilliams asked the witness how many times he had been a pallbearer for a victim, Sgt. Barry answered, 'once.'

DA Sistrunk then asked the witness if it was important to know the relationships between people in an investigation. Sgt. Barry answered, yes. The witness was then excused.

The prosecution called Hiram Zeigler, the defendant's brother to the stand. Through his testimony Hiram related some of his conversations and interactions with the defendant, Ms. Trenor and Riley. He was called as a witness for the prosecution.

Hiram's opening testimony described his initial meeting with Ms. Trenor, his brother and Riley. The witness stated that he had been told by Royce that he wanted Hiram to meet his girlfriend. Hiram testified that was excited to meet Ms. Tenor as the defendant never really had a steady girlfriend before this time. He also testified that he knew Ms. Trenor had a child.

The initial meeting took place at a restaurant. Initially, the defendant was excited but said he did not get much of a greeting from Ms. Trenor, leaving him with the impression that she was not very excited to meet him. Riley, on the other hand was happy to greet him.

Hiram then related an instance when he and his mother picked up Riley, took her to Walgreen's and purchased for her, stickers, crayons and coloring books. They were spending time with Riley at Nellie Zeigler's home. Hiram was on the floor playing with Riley allowing her to put stickers on his face while Nellie was watching television. Ms. Trenor arrived to pick up Riley and Hiram and Riley started picking up the crayons and putting them away. Riley then threw a crayon at her mother and Ms. Trenor picked Riley up, carrying her out of the house while the child was crying and screaming.

The witness also testified to his mother telling him of an instance when she went to Kim's house and Kim was carrying a belt over her shoulder, telling Nellie that she was disciplining Riley. Additionally, Hiram testified to his mother telling him that Riley had black and blue marks on her. The witness also testified that Riley never embarrassed or upset him in public.

Hiram Zeigler testified to some family outings, with his mother, father, brother, Ms. Trenor and Riley. On one such outing they had all gone to a furniture store. While others were looking around, the witness was with Riley in the kid's section of the store and was playing with her. Hiram said that Riley then fell on the ground yelling and screaming. He was unsure as to why. Ms. Trenor came over to where they were and wasn't very consoling to the child. He also testified that Ms. Trenor was loving towards Royce, not Riley.

Additional testimony by the witness recounted another family outing at the Woodland's Mall when they were looking for bed sheets. Ms. Trenor was pushing Riley in a stroller, but then left Riley in an aisle while she 'went to cling to Royce." Hiram also recalled a children's kitchen set that the Zeigler's had bought for Riley. The family had gone to Toys-R-Us and purchased the kitchen set, took it back to the defendant's house and Hiram set it up for Riley in her bedroom. He stated that Riley loved it. The witness also testified that the Zeigler's bought shoes and a child's recliner for Riley. The last time the witness saw Riley was July 22, of 2007.

When questioned the witness did not specifically remember looking for Riley in August. He did however remember overhearing his mother talking to Kim and telling her what are now lies. Hiram also maintained that he never confronted his brother before October. He testified that the Zeigler's were told that Riley was somewhere in Texas, living with relatives of Kim's since the Sawyer's were looking for Riley.

Hiram further testified that between July and early November that the defendant did not come around much but when the defendant was around the witness he acted normal. The witness stated that he really wasn't concerned as to where Riley was until he saw the Baby Grace sketch. Hiram thought that the story about Riley staying with relatives was dumb as Riley could have stayed with the Zeigler's.

The witness further testified to one day getting ready for work and heard about Baby Grace. On his way into work he stopped to buy a newspaper. He stated he talked with his mother and how familiar the sketch of Baby Grace was. Nellie Zeigler asks Hiram to call Royce. When talking with Royce the witness is told that Riley is really in Ohio and had been seen there the weekend before.

Later that evening, Nellie Zeigler shows the sketches of Baby Grace to Hiram that she found on her computer. Hiram goes to Royce's house. The witness asks the defendant if he can use his computer to check his My Space account and the defendant agrees. While on the computer, the witness pulls up the sketches of Baby Grace and wants his brother and Ms. Trenor to look at them. When the defendant looked at the sketches his eyes got big and his jaw dropped open. Ms. Trenor hardly looked at the sketches and stayed busy on her own computer.

Hiram then recounts asking the defendant and Ms. Trenor to telephone where Riley is staying just to make sure she is ok. Royce tells this witness that they had just spoken to Riley and that she is fine. At that point Hiram asks Royce to talk with him outside, out of the presence of Ms. Trenor.

Once outside, the defendant tells Hiram he didn't want to get him involved. The defendant tells Hiram that Riley is not with relatives but instead tells him the bogus CPS story and about the allegations of sexual abuse. Royce tells Hiram that Ms. Trenor's family attorney is working on this. The witness stated that he believed his brother but was still doubtful of the story as it did not make much sense to him.

At this point, the witness re-enters the house and finds Ms. Trenor in the kitchen. Hiram starts yelling at her to tell him where Riley is. Ms. Trenor remained quiet and the more quiet she remained the more upset Hiram became. The defendant intervened asking Hiram to stop yelling and upsetting Ms. Trenor. In his closing testimony, Hiram stated that he asked Royce to call the police. Royce told his brother that there was no need to because an attorney was working on this. At this point the witness leaves the defendant's house and returns to his mother's house. The witness testified that at this time he was livid and upset and called his brother to come to their mother's house to talk.

Dena Fisher, attorney for the defense cross examined Hiram. Through her questioning Hiram stated that he was here for Riley. Additionally he testified that his brother was more of a nerd and a geek who is not very good with girls and is somewhat shy and awkward. He also stated that Royce worked and liked to play video games.

Once again, Hiram testified to that first meeting in the restaurant. He stated that he was excited that Royce had a girlfriend and that he knew the girlfriend had a child. Hiram stated that he found Kim to be very reserved and she answered his questions with short, pointed answers. He stated he was turned off by Kim. Hiram found Riley to be outgoing and not shy. Hiram testified that he indicated to his brother, that he felt this is not a good situation.

Further cross examination revealed that Mr. Zeigler, Sr. worked out of town and when he returned to Houston that was a time for family get togethers. Hiram also testified that he was apprehensive about Kim meeting his father because his father felt, as did Hiram, that one "can't really trust the intentions of a woman with a baby." He further stated that he talked with his parents how bubbly Riley was and how blank Kim was.

After meeting Mr. Zeigler Sr. the family went to Wal-Mart when they bought Riley tennis shoes after noticing that Riley only wore sandals. Hiram also felt that Kim and Royce had moved too fast. Hiram also testified that his family tried to accept the way Kim was. The witness further testified to noticing wedding bands on both his brother and Ms. Trenor. When he asked about this, he was told they were promise rings, only to be informed a short time later that they indeed had gotten married. Hiram stated his mother was somewhat disappointed as she would have liked to have participated in her son's wedding.

Hiram's testimony continued when he recounted the fact that Ms. Trenor didn't thank the Zeigler's for the items that they had purchased for Riley, rather, she remained blank. He noticed that Kim was not loving towards Riley and stated that his brother often interacted with Riley.

With regard to the crayon incident at Nellie Zeigler's home, Hiram recounted the following events. He stated that when Kim entered the home, she gave no greeting to Riley nor did Riley greet her. Instead Kim sat on the couch next to Nellie Zeigler. The witness also talked about the times Riley went to church with the Zeiglers and there was no history of her having a tantrum.

As to the discipline of Riley, the witness testified that he never saw his brother hit Riley, instead he would put her in time out. Hiram never saw Ms. Trenor discipline Riley, nor can he remember ever seeing Ms. Trenor hug Riley. He stated he thought of Riley as his niece. When asked about Ms. Trenor's reaction to the kitchen play set, the witness testified that Ms. Trenor's only comment was that the cell phone that came with the set was too loud.

The witness stated that he never had a sense of danger or urgency regarding Riley until he saw the sketch of Baby Grace and the description of the tennis shoes, because he was there when similar shoes were bought for Riley. Hiram went on to testify that it was important to Royce that the family like Kim. The witness felt that is was entirely possible that Royce would let his mother believe that it was him who left Riley black and blue in and effort to run interference for Kim.

When testifying as to pulling up the sketches of Baby Grace on the computer, Hiram testified that Kim did not want to look at them. When the witness was asking that Riley be called, Kim started to giggle. The giggling made the witness highly agitated and then Hiram asked to speak to Royce outside. While outside with his brother Ms. Trenor would come to the door from time to time and stand in the open doorway. The exchange between the two brothers became loud enough that one of the neighbors called the police.

Upon entering the house again, the witness testified that his brother continued to pace around the house. During Hiram's exchange with Kim, she started crying and he stated that her crying was the first time he had ever seen her display any emotion.

In closing the cross examination, Hiram testified that he cooperated with all the authorities voluntarily and that he would not lie to save his brother.

On re-direct the District Attorney elicited testimony from the witness that he wasn't around Kim and Riley most of the time. The witness did admit that initially neither Royce nor Kim wanted to look at the sketches of Baby Grace on the computer but that his brother did comply. Ms. Trenor never really looked. Hiram also admitted that his brother had lied to him regarding Riley staying with relatives. The witness was excused.

Testimony continues Tuesday.