Both Sides Rest in the Kupfer Murder Case

In a surprise move, the prosecution and defense rested before noon on September 4, in the murderer of Brianna Kupfer.

Kupfer, a 5’3” 123-pound UCLA graduate student was working alone on January 13, 2020, when she was murdered.

She was found dead on the floor at Croft House, a Hancock Park boutique furniture store on La Brea Avenue by a customer. About a week later Shawn Laval Smith was arrested for her violent murder.

The trial started on August 29 at the Clara Shortridge Foltz Criminal Justice Center, in a downtown court room.

After three and a half days of calling witnesses, the people rested shortly before noon on September 4. The defense, which had not made an opening statement, nor called any witnesses, also rested.

Judge Mildred Escobedo was told by defense attorney Robert Haberer that defendant Shawn Laval Smith would not testify.

The judge queried him, “You’re waiving your right to testify?”

“Yes, ma’am,” he said.

“You’re freely and voluntarily waiving this right?” she asked.

“Yes,” he said.

“Are you waiving this right because it is your choice,” she asked.

“Yes,” he said.

Earlier, the day’s trial had started with LAPD Homicide Detective Dave Vinton on the witness stand.

Vinton was asked if he recognized Smith, who had been seen going into at least five stores in that vicinity of the Croft House on the day of the murder: Artspace Warehouse, Twentieth, Landon Cole (furniture), Friedman Law firm, and Chiropractic Center L.A.

Vinton also testified that there were three additional pieces of surveillance footage showing Smith that was obtained from a local temple Shaarei Torah, a 7/11 store and the Wonderbrett (pot shot).

An audio recorder was placed on the counter of the Croft House by Smith (his DNA was confirmed) and it was left on during his encounter with Kupfer and her eventual murder.

The entire tape was down loaded by police, and jurors heard a clip of a December recording by Smith . . .”That’s all that’s on my mind killing all F**ken niggers.. . .cause I f**ked mine up. I’m destroying everything and I mean everything. I do not like bitches, girl.”

Vinton was asked if he recognized the voice and he said it was Smith, that he had listened to about 30 hours of Smith, through the tapes, the arrest and police cams and was sure of the voice.

Then, jurors heard the recording from the Croft House.

Kupfer, professional, is sweet and polite to Smith. At one point, when he asks for her Facebook info, she tell him no. He says he needs her information  – she points to business cards on the desk.

He asks which card is hers and she tells him Kari (that is her supervisor). From her voice, you can tell she is uncomfortable.

“I am not going to hurt you, right, I’m not going to hurt you. Chill the f**k out,” he says on the recording.”

“Okay,” she responds.

Then there’s the subtle sound of him pulling the sheath off the knife.

“I can’t have you in here,” Kupfer said. “I’ve called the cops.”

“Wait no,” Kupfer said.

“Get down on the floor,” Smith said.

“I want to help you. I can help you,” Kupfer said, then “wait, get off me.”

“It’s over, it’s over, it’s over,” Smith said.

“Oh my god, okay, okay,” Kupfer said.

“It’s over. It’s over. It’s over b*tch. It’s over. It’s over. It’s over b*tch,” Smith said.

Jurors listen as the tape continues recording; the music from the store is in the background and then a phone rings and rings again.

The district attorney asks Vinton if he recognizes the male’s voice. “That was Mr. Smith, no doubt,” Vinton said.

A replica of the seven-inch knife that was used in the murder was brought into the court room and Vinton was asked by the defense about the flimsiness of a filet knife.

“I’ve seen different knives used in homicides,” the detective said.

On redirect, he was asked if this blade could penetrate the skin, liver, lung.

“Yes,” he said.

Kupfer had been stabbed 46 times, 26 were stab wounds, 20 were incisive wounds. Her lungs, liver, stomach and aorta were punctured. There were also defensive wounds that occurred when Kupfer tried to protect herself.

The knife blade used in Kupfer’s slaying was bent. In prior testimony, the DNA on the blade was Kupfer’s the DNA on the sheath was Kupfer’s and Smith’s, the DNA on the knife handle was Smith (83 percent), Kupfer 17 percent) and an unknown person (one percent).

Haberer to Vinton “You testified you heard about 30 hours of Mr. Smith speaking.”

“Yes,” Vinton said.

“You were listening for something, audio tape, calls that would be helpful to the prosecution?” Haberer asked.

“Yes,” Vinton said.

Balian then asked to bring in the jail calls.

Haberer objected to the jail calls, being brought into evidence.

“Judge, he opened the door with calls,” Balian said.

After a brief conference, Balian was allowed to ask Vinton a directed question.

It was explained to the jury that jail calls are listened to and monitored. When someone is speaking, a recording comes on every two minutes reminding the inmate that everything they say is being recorded.

Regarding jail calls, “Did you find anything that would make him culpable for murder?” Balian asked.

“I did,” Vinton said.

The trial was concluded without further explanation of Smith’s jail calls.

In addition to the murder charge, Smith faces two special circumstances allegations: lying in wait and use of a knife. Haberer asked the court to drop the special circumstances.

The judge felt there was enough evidence and “the court denies the dismissal of special charges,” she said.

Closing statements for both sides will be Monday morning at 9:30. The judge reminded the jury that they are still under her admonishment not to listen to any news or to speak to anyone about the trial.