Day 1 of Shane Trial Includes Opening Arguments, 5 Witnesses

A jury of eight men and four women along with three alternates heard opening arguments from the lawyers and the testimony of five prosecution witnesses on Tuesday, the opening day for the trial of 28-year-old Sina Khankhanian. He is charged with second-degree murder in the April 2010 death of Malibu eighth-grader .

About 30 people sat in the audience of the small room on the eighth floor of the Airport Courthouse in Los Angeles. The friends and family of Emily sat on the right-hand side of the room, facing Los Angeles Superior Court Judge Katherine Mader. Empty seats served as a buffer between them and the supporters of Khankhanian. A news camera from a local TV station recorded the morning portion of the court session.

Prosecutor Marna Miller and defense attorney Bradley Brunon both spoke about Khankhanian's vehicle striking and killing Emily on April 3, 2010 while she stood on the shoulder of Pacific Coast Highway near Heathercliff Road, but their stories on what led to the tragedy differed. 

Miller described the incident as the end of a suicidal and reckless drive from Topanga Canyon Boulevard by a man who had earlier in the day picked up his final paycheck from an animal clinic in Winnetka, where he had been fired from his job as a veterinary technician and "become madder and madder" throughout the day.

"His driving was so dangerous and reckless that he had a conscious disregard for anyone around him, including himself," Miller said. "And it was just a matter of time before he killed someone. And unfortunately, it was Emily Shane."

She said he tailgated vehicles, passed them on the right and created a dangerous situation on Malibu's main road before striking Emily and launching her 30 feet in the air, leading to her death in an ambulance.

"I think that after all the evidence has been brought out and you hear everything, you will hear and you will determine that this defendant consciously disregarded the safety of everyone around him with his reckless driving, and you will find him guilty of murder in the second degree," she said.

Brunon told the jury about a man who was not angry, but who suffered from mental illnesses and was depressed and confused about what was happening in his life, which included having to take care of a fiancée 17 years his senior, who also suffered from mental issues and had financial problems. He never intended to kill Emily, nor did he appreciate the dangerous situation he created on the road because of his autism and other mental illnesses, Brunon said.

"This is a trial about facts and law," Brunon said. "It is not a trial about emotions, and we need to strip away emotions and feelings of sympathy that are natural in this situation. We have to step back and look at the facts as they are proven and make a decision based on the facts."

Brunon said Khankhanian did not intend to take his life. While the prosecution looked to a suicide note the defendant had left for his parents and fiancée Mardi Martinez as well as a check for nearly $6,000 for Martinez, Brunon focused on Khankhanian's to-do notes that included dates beyond when the crash happened. Miller challenged the relevance of the to-do notes because it was unknown when they were written.

Martinez was the second person to testify. The first was Marc Smollin, Khankhanian's supervisor at the animal clinic. He said the defendant was a good employee for most of the five years he was there, but became disrespectful to the staff and the animals after Martinez was fired from the facility, eventually leading to his own firing.

Martinez, who became Khankhanian's fiancée toward the end of a five-month romantic relationship that started while she was separated from her fourth husband, described Khankhanian as caring and protective. The two were living in a mobile home on Topanga Canyon Boulevard in Woodland Hills with her aunt at the time of the crash.

She said that in the days preceding the tragedy, he had told her that if he killed himself, it would make the situation better for both of them. She also contradicted previous statements she had made to detectives that there were problems in their relationship, but she said that this period of her life was difficult to recall because it was problematic.

The jury also heard from three witnesses, including  candidate , who said they saw Khankhanian's reckless driving. One woman, Jan Elfman, called 911. The call was played in the courtroom.

"He was literally veering into the lane with oncoming traffic … I promise you will get another call about him," she told the operator.

Elfman was correct. Her call was one of several received by authorities. That those calls were made, but Khankhanian was able to continue down the highway has been one of the criticisms of authorities' handling of the situation by the Shane family and its supporters.

Brunon challenged Elfman's testimony, saying it was inconsistent with her previous comments to detectives regarding how long she saw Khankhanian's car moving, and whether his car forced other vehicles to veer out of the way. Elfman said she had a better memory of the incident on Tuesday than she did in the wake of the crash when she was still traumatized by the incident.

Lyon said he was traveling westbound on PCH just past the Kanan-Dume Road intersection when he was passed by Khankhanian's car, which he said drove between the two lanes of the highway in an attempt to create a third, forcing Lyon to move to the left while trying to avoid driving into oncoming traffic.

He said he did not see the crash that happened a few hundred yards farther down the highway, speculating that it must have happened at the same time he passed the Heathercliff Road intersection moments later, and his vision of the shoulder was blocked by two large trucks.

Lyon said he reported his story to authorities after reading about the crash in a newspaper. He said he recognized the vehicle and the vanity license plate number in the newspaper photo.

The trial could take up to three weeks. It takes place on weekdays from 10 a.m. to 12 p.m. and 1:30 p.m. to 4 p.m. It is open to the public.

If he is convicted of second-degree murder, Khankhanian would receive an automatic sentence of 15 years to life.