Pamela Fayed, 44
James Michael Fayed
Prosecutor says defendant masterminded murder-for-hire plot to kill his wife
James Fayed's desire for financial gain and a bitter divorce drove him to mastermind a murder-for-hire plot that led to the stabbing death of his wife, Pamela, almost three years ago, Los Angeles prosecutors said Wednesday in court.
Fayed, 48, is charged with murder and conspiracy in the stabbing death of his wife Pamela, 44, of Camarillo. He has pleaded not guilty and denied special allegations that the murder was committed for financial gain and lying in wait.
The special allegations allow Fayed to be tried for the death penalty.
Defense attorneys, however, said it was not Fayed, but his "possessive" sister Mary Mercedes who ordered Pamela Fayed's death.
"There was someone else who has a motive, an opportunity and intent to see Pamela die," said defense attorney Mark Werksman. "(Mary) thought Pam was a bad wife, businesswoman and a bad mother.
"I will have the opportunity to come back before you ... and based on evidence, will show that the only right and just verdict in this case is to find Mr. Fayed not guilty."
Opening statements began on Wednesday for the trial, which is being tried at Los Angeles Superior Court under Judge Kathleen Kennedy. Prosecutors in Los Angeles County accuse Fayed of paying a former employee, Jose Luis Moya, 50, about $25,000 to arrange his wife's slaying.
In his opening statement, Deputy District Attorney Eric Harmon said Moya's associates, Gabriel Marquez, 46, and Steven Vicente Simmons, 22, both of Ventura, were also involved in executing Pamela's murder.
"In the next few days, you will hear a story — a love story where boy meets gold," Harman said. "It's that love of gold that caused this man to have his wife murdered for financial gain."
The Fayeds were embroiled in a bitter divorce in which each accused the other of embezzling money from their digital money transmitting business, which was based in Camarillo. The Fayeds have a daughter, who is now 8 years old. Pamela had another daughter, 21-year old Desiree Goudie, from a previous relationship.
The couple co-owned several interrelated businesses dealing with bullion wholesaling, the online gold trading and money transfer business, and reserve services.
Harmon said Pamela was leaving a meeting with her attorney, Fayed and his attorney on July 28, 2008, when she was ambushed by Simmons and stabbed repeatedly on the third floor of the Watt Tower parking garage.
Harmon said Fayed masterminded the plan to kill his wife and offered Moya $25,000 to execute the plan.
During his opening statement, Harmon played video surveillance that showed Pamela entering the parking structure. Minutes later, a red SUV driven by Moya pulled into the garage, with Marquez and Simmons inside it.
Harmon said the sport utility vehicle was rented with a credit card used under Fayed's business.
Harman said Marquez served as lookout while Simmons stabbed Pamela multiple times, leaving her to bleed to death.
"There is evidence that spectators heard she screamed for her life" Harman said. "People in the street were able to see a man grabbing her."
Harmon also played audio recordings obtained while Fayed was in jail. Federal investigators arrested Fayed on Aug. 1, 2008, on an accusation of operating his digital money transmitting business without a license. The U.S. District Court case was later dismissed not long after Fayed and Moya were arrested in connection to Pamela's killing.
It was while in jail that Fayed confided in a fellow prisoner, Shawn Smith, about planning the murder, Harmon said. On the audio recordings, Fayed said he wanted to kill Pamela himself, "but he knew he wouldn't be able to get away," Harmon said.
It was during that recorded conversation that Fayed solicited Smith to hire professional hit men to kill Moya, Marquez and Simmons, Harmon said.
"(Fayed) said he couldn't sit the rest of my life waiting for one of them to fess up," Harmon said.
Werksman said Smith "sunk his claws into Fayed" and that his client was "confused."
"His life was upside-down and he was in a tiny cell with a scumbag and his wife has been murdered," Werksman said. "He tried to affect the aggressiveness and the macho attitude that his cellmate projected onto him."
Werksman said it was Fayed's sister, Mary Mercedes, who had a motive to orchestrate Pamela's killing and said it was Mercedes who "had a relationship with Moya," who called Mercedes shortly after Pamela's lifeless body was found in the garage.
Deputy District Attorney Alan Jackson, who also is trying the case for the prosecution, would not comment on Werksman's assertion that it was Mary Mercedes who orchestrated the killing.
Prosecutors said Pamela wanted to cooperate with the federal investigation against her estranged husband. She also stood to gain $1 million from the divorce.
Prosecutors called her daughter, Desiree Goudie, who testified that her mother married Fayed when she was about 6 years old.
Goudie, who also worked for the family's company, said she and her mother were 'thrown out" of the company shortly after Fayed filed for divorce in Oct. 2007.
Goudie wiped tears from her eyes as Jackson showed pictures of Goudie with her mother and younger sister.
"She was my mom she was my best friend," Goudie said.
http://www.vcstar.com/news/2011/may/...#ixzz1LTW6GjRR
Bookmarks