November 3, 2009
Reported by Joan Meidam

Morning Testimony - COURTROOM PHOTOS

Day 5 of the trial of Royce Zeigler began today with the prosecution calling Rhonda Craig to the stand. Ms. Craig has worked for the FBI since 1998.  In her present capacity she works as a supervisor at the FBI Labroratory in Quantico, Virginia.
She testified as to three possible results from DNA testing outcome.
1. Match or inclusion
2. Exclusion which means results didn't match
3. Inclusive which means not enought information could be obtained from the DNA

After the testing results are in, they are compiled statistically for a probability match.  She testified she tested DNA from Riley, Zeigler and Ms. Trenor.  She tested the garbage bags, a shower curtain as well as other items submitted to her for analysis.

Three belts were tested for DNA in order to be compared with the DNA from Zeigler, Trenor and Riley.  The results from belt number one revealed a mixture of DNA. The major contributor was Zeigler and Trenor and Riley could not be excluded as minor contributors.

Belt number two produced a mixture of DNA with Zeigler the major contributor and two minor contributors did not compare with Riley or Trenor.

Belt number three also had a mixture of DNA from two people and although Zeigler was the main contributor the minor contributors were inconclusive.

Cross examination ensued by defense attorney Dee McWilliams. During questioning the jury heard testimony that the belts tested had come from the subjects attorney, meaning Mr. Zeigler's attorney.

Ms. Craig then examined the belt and testified that she was satisfied that the belts present in the courtroom are the belts examined in her laboratory. She said the fact that the belts belonged to Zeigler did make him being the major contributor that unusual.

McWilliams pointed out that on one belt Trenor and Riley were contributors but on another belt the results were inconclusive. Ms. Craig agreed. She stated that from her testing she could not tell who killed Riley.

On redirect examination, Assistant DA Kayla Allen asked Craig if the cause of Riley's skull fracture could be concluded from her examinations.  Craig answered, "NO".

At this point Ms. Craig was excused from the witness stand.

Gabriel Watts a forensic documents examiner from Quantico, Virginia with 10-years experience was the next witness. He testified as to his knowledge of handwriting analysis as well as to indented writing, which is impressions on underlying pages and explained the special equipment used to enhance the indentation. He testified that he compared the known samples from Zeigler with the evidence submitted to him.

States exhibit number 128 was a blue spiral notebook submitted as a question item seeking comparison with known samples of Zeigler and Trenor's handwriting samples.  Mr. Watts investigation and handwriting analysis revealed that on "The Rules For Riley" he concluded that entries 7-8-9 were written in Trenor's handwriting. Entries 1-6 were written in Zeigler's handwriting. Zeigler also wrote the heading, "Rules For Riley," in Watts opinion.

Electrostatic Detection Apparatus, or a ESDA devise was used to enhance the indented writing on Zeigler's suicide note.  In that note Zeigler wrote, "My family can rot in hell for the stress they have caused me."  The note also said that his wife, Kimberly Trenor is innocent and that he leaves all his property to her.  It was Watts opinion that the note was written by Zeigler.

Zeigler's attorney Neal Davis informed the court that he would question Watts when the defense put on their case.

The next witness for the prosecution was Minh Lu who works for the Houston FBI Laboratory who testified that he received five computers sent to him by FBI Agent Ben Stone.  When analyzing the computers Lu made copies of each of the hard drives and then returned the hard drives to the computers. Each copy of the hard drives were indexed and turned over to Agent Stone.

Mr. Lu's work generated reports regarding his analysis of the five computers. Stone would bookmark areas of the drives at which point Lu would create a disc for Agent Stone. Four of the five computers examined by Lu required he make a disc for Stone.

Lu testified that he also made an additional disc documenting the internet history of each of the five computers. The discs were placed into evidence by Assitant DA Kayla Allen.

On cross examination defense attorney Davis went over some parts of Lu's testimony.  He was then excused

Afternoon testimony resumed with Special Agent Ben Stone taking the witness stand for the prosecution. Agent Stone has been an FBI agent for the past 8 years specializing in computer crime investigations which also includes cases of fraud and pornography.

The witness's testimony started by telling the Court that once he takes custody of the computer he then takes the machine to a FBI computer laboratory in Houston for analysis. He also testified that he and Agent Don Gay were assigned to the Baby Grace Case.

Agent Stone recalled speaking with Nellie Zeigler and her husband at their home in Houston, where Mr. Zeigler, Sr. signed a consent form for Agent Stone to take custody of the computers in their home. The Zeigler's cooperation was to help assist in finding out what was going on. The witness took the computers to Sgt. Cazares at the Galveston County Sheriff's office so they could be logged in as evidence; he then proceeded to take them to the lab in Houston for analysis.

The witness then testified to  receiving a copy of the hard drive which was indexed as the indexing makes it easier for review. He then bookmarked parts of the hard drive and Agent Lu made him a disc of those files. Agent Stones stated that the types of files he was looking for were such things as internet history and emails, to name a few. He obtained indexed hard drives and discs with their bookmarked contents on four of the five computers which belonged to the defendant.

Special Agent Stone testified regarding the contents of the first computer. He stated that he found files with traces and fragments of the bogus CPS letter, but not the original letter itself. He further stated that he found these fragments in three separate places and concluded that this letter had been created on 11/13/07, at 11:54am.

With regard to the second computer Agent Stone testified that the 'user name' was Kim when maps of the Houston/Galveston area including the waterways. Other searches revealed different Galveston maps had been pulled up, one being a Galveston Fun Map and a website with web cams of Galveston.

Analysis of the third computer revealed emails from the defendant to several coworkers on 7/25/07. In one Mr. Zeigler stated that he was not feeling well and would not be coming in to work that day but would have his computer on so he could check his email. Several business emails from the defendant to his coworkers sent between the hours of 8:00 am  to 1:00 pm along with one time stamped at 3:39 pm were entered into evidence. The next day, 7/26/07, Mr. Zeigler had sent a zip file to a coworker at 3:13 am.

Further testimony of the witness revealed several websites referring to the video game World Of Warcraft were also pulled up on the computer. On 11/2/07, the artist sketches of Baby Grace had also been pulled up. Agent Stone testified that on 8/12/07 at 6:04 pm (military time) that the 'user name' of Royce on the computer was used to access information regarding Houston landfills and transfer stations.

Attorney for the defense, Dena Fisher cross examined the witness. She asked the witness if he knew that the CPS letter was created by Ms. Trenor. Agent Stone answered, affirmatively and stated that fact had been deduced by other investigators. Ms. Fisher asked the witness if he knew that the defendant was at a work function that day and  Agent Stone stated that he had heard that, but he himself had no direct knowledge of that fact.

Ms. Fisher then asked Agent Stone how he decided what information would be relevant to the trial. The witness answered that the investigation was a team effort. He recounted reading Sgt. Barry's arrest affidavit to give him some idea of what to look for. He also stated that he had received a copy of the bogus CPS letter from Nellie Zeigler when he was at her home.

On redirect, the District Attorney asked the witness if he had shown the court everything that he had found during the course of his investigation. Agent Stone answered: "No, or we would be here a while." The witness was excused.

The final witness called by the prosecution was Dr. Steven Pustilnik, Galveston County Chief Medical Examiner. His opening testimony revealed that he has worked for Galveston County since 2001. The witness stated he has performed more than 4000 autopsies and has testified on many occasions.

Dr. Pustilnik recounted the autopsy of Riley. He stated that on October 30, 2007 he opened the blue plastic container which housed the remains; which was filled with sand, vegetation and a small child wrapped in plastic bags. He further stated that the clothing found on the remains were sized 2T-3T. The remains and clothing were then documented and photographed.

The witness then performed an external examination then proceeded on to an internal examination which would include examination of the internal organs and looking for disease.

The external examination revealed advanced decomposition. He measured the weight of the remains at sixteen pounds and approximated the height, stating that the remains were consistent with that of a decomposing toddler. Examination of the skull revealed scalp tissue was degenerated and there was matted blonde hair. Dr. Pustilnik testified that there was no evidence of trauma on the front of the remains.

Further testimony by the witness recounted that when he turned the body over, there was nothing remarkable regarding the back of the lower extremities and that full body x-rays were taken. The witness stated that the x-rays revealed no broken bones and that he had hoped that noting the ossification of the bones would help in determining the age of the toddler. The witness stated that internal examination of the body revealed that the internal organs were in a state of advanced decomposition.

Upon examination of the back of the skull the witness stated he observed evidence of injury to the back of the head and inside brain. He noted three skull fractures at the back of the skull. Dr. Pustilnik testified that the back of the skull was one of the harder bones of the skull, and he observed three separate fractures of that area; one fracture stood alone and two other separate fractures that had joined together, forming a "Y" shape. The witness stated that the fractures were most likely caused by a moving head, hitting a fixed object and that the injuries were consistent with severe trauma.

The witness went on to state that a fracture does not result in death, rather that a fracture is a marker of force to the skull, resulting in damage to the brain. He stated that the brain is encased in fluid and will slip and slide inside the skull which leads to brain injury and that an individual would have neurological difficulty.

Autopsy photos of Riley's brain were introduced into evidence. The photos showed brain injuries consistent with the fractures.

Dr. Pustilnik further testified that the injuries would manifest multiple signs and symptoms, the first being, pain followed by severe headache, seizures and loss of consciousness. He also stated that brain area functions will start to die off from top to bottom. Basically, an individual would slip away due to brain swelling, eventual coma and death. The doctor also testified that a blood accumulating lesion, as it starts to set up, would start pushing the brain; causing tearing and stretching of brain tissue causing loss of function.

The witness went on to state that the fractures would cause a child great pain and he would expect crying from a child as a result. He also stated the fractures appeared to be inflicted and intentional injuries. In closing of his direct testimony, Dr. Pustilnik stated that he listed the cause of death as, blunt force trauma to the head, resulting in a homicide.

On cross examination, Dee McWilliams, attorney for the defense questioned the witness. He reviewed some of the witness's previous testimony that no scars or visible signs of trauma were on the body and that the x-rays found no other fractures except for the skull fractures. The witness stated there was no outside bruising and that a deep tissue examination looking for occult injuries found nothing.

When asked about the presence of bleach on or in the body, Dr. Pustilnik stated that the state of decomposition would have made finding bleach impossible. The witness stated that bleach could cause skin injury even to a decedent, but only if there was prolonged exposure and the bleach was no washed off.

The witness further testified that there were as many as six members of the Sheriff's Office present at the autopsy. He also stated that this was not usual in a high profile case and that he could not testify as to who stayed the entire time and who simply walked in and out.

Mr. McWilliams then cross examined the witness while making a list of signs and symptoms that would be consistent with the injuries sustained. The list included pain, nausea, vomiting, inability to stand, inability to squeeze with the hand, inability to speak, apnea or loss of breathing and death, loss of cardiac function. Dr. Pustilnik testified that all these signs and symptoms are consistent with the injuries but that not every individual experiences or exhibits all those symptoms.

The attorney for the defense then displays a picture of the defendant's living room, showing a sofa and tile floors. Mr. McWilliams asks that if Riley was pushed off  the back of the sofa or the side of the sofa and struck her head on the tile floor, could she have sustained those injuries? The witness answered affirmatively.

On re-direct the District Attorney asked if the fractures were three separate injuries. The witness stated, yes, there would have had to been three separate shoves. Dr. Pustilnik is then asked if in light of the injuries sustained would an individual act normally, respond normally and suddenly die? The witness answered that there would have been symptoms before death. The witness was excused and the State rested its' case. Defense Attorney Dee McWilliams, made a motion for a directed verdict of not guilty. Judge David Garner denied the motion.

Attorneys for the defense start their case Thursday morning.