Sund details frantic hunt for wife, daughter: Father-husband testifies during Stayner’s preliminary hearing into slayings of 3 Yosemite visitors
MARIPOSA -- At the first day of Cary Stayner's preliminary hearing on three
counts of murder, an outwardly composed Jens Sund on Monday recounted details
of his increasingly frantic search to find his missing wife and teen-age
daughter.
Although he appeared calm and in control while testifying in Mariposa
County Superior Court, Sund did not return to the courtroom after leaving the
witness stand. Family members said he was too distraught to listen to more
details of the killings of his wife, Carole, 42; daughter Juli, 15; and their
Argentine friend, Silvina Pelosso, 16.
The trio disappeared in February 1999 from Cedar Lodge, just outside
Yosemite National Park. They were found dead weeks later -- Carole Sund and
Pelosso in their burned rental car in the Stanislaus National Forest and Juli
Sund with her throat slashed at a scenic overlook in Tuolumne County.
Stayner, 39, is already serving a federal life sentence after pleading
guilty to murdering Joie Armstrong, 26, a nature teacher in Yosemite, five
months after the Sund-Pelosso slayings. In state court, he faces three murder
charges and five special circumstances that could trigger the death sentence
if convicted. He has confessed to the killings.
Prosecutors have said they will announce whether they will seek the death
penalty after the preliminary hearing ends, possibly by the end of this week.
Stayner has pleaded innocent.
In Monday's first day of testimony, Sund took the stand first, striding
past Stayner, who was wearing bright orange jail clothes and shackles around
his ankles.
After Carole and Juli failed to rendezvous with Sund and the family's other
three children in San Francisco after the trip to Yosemite, Sund began trying
to find them. Worried phone calls to the airport, motel, neighbors and their
housekeeper yielded no clues.
Finally, he called authorities.
''At that time, I really wasn't worried'' about foul play, he said. ''But
there was an increasing degree of worry and concern.''
His worst fears were realized when the bodies of the three were found
nearly a month later.
Sund avoided looking at the man accused of sexually assaulting and killing
his family members and friend until he stepped from the wooden witness chair
and down one stair toward Stayner, 10 feet away.
''It was just too difficult for him,'' said Carole's father, Francis
Carrington of Eureka. ''He won't be back.''
Sund was among 10 witnesses Monday as prosecutors began their case against
Stayner. The preliminary hearing is intended to let a judge determine if there
is enough evidence for a trial.
For Jose and Raquel Pelosso and their daughter, Paula, Monday was their
first look at Stayner. The family flew in from Argentina for the hearing.
Jose Pelosso, a large but soft-spoken man, broke down during a break in
morning testimony. His lawyer, Horacio Baca, later said Pelosso believes he
must stay strong for his remaining family.
''His daughter was killed in cold blood by this assassin,'' Baca said.
''Facing him for the first time in American court has got to be hard.''
The Pelossos are pursuing a lawsuit against the Cedar Lodge for employing
Stayner.
In other testimony Monday, prosecutors called several witnesses to try to
establish where the women were at different times and whether they could have
crossed paths with Stayner. Stayner was a maintenance man at the Cedar Lodge
and lived in an apartment above lodge offices.
Defense attorney Marcia Morrissey, who incorrectly pronounced the Sund name
throughout the day as ''Soond,'' tried to bring out inconsistencies in witness
testimony from statements given to the FBI or sheriff's detectives over the
past 2 1/2 years.
One woman testified she saw Stayner, wearing a hooded sweat shirt, pacing
and talking to himself near a pay phone as she went to make a call Feb. 14,
1999, the day before the Sunds and Pelosso were last seen.
Cedar Lodge guest Elizabeth Carlson said she felt so uncomfortable she
walked away without using the phone.
Testimony from two other witnesses scared even the Carringtons, who thought
they'd steeled themselves for the horrific details.
Tracy Murphy and her daughter Erin, 15, told the court about a night
encounter between Stayner and four teen-age girls in the Cedar Lodge hot tub.
Erin Murphy, 13 at the time, said she, her sister, Andrea, then 15, and two
friends frolicked in the pool and hot tub and giggled over a man with a hairy
chest in the spa.
After news reports surfaced naming Stayner as the potential killer, Murphy
remembered the evening.
''I put it together as the man in the hot tub,'' she testified. ''I
remember him because he was the only other person in the pool area.''
Francis Carrington said the testimony was frightening.
''That poor family,'' he said. ''They were so close to being killed. It
brought tears to my eyes to hear them talk about that night.''
While about a dozen members of the Sund, Pelosso and Carrington families
attended the hearing, Stayner's parents, Delbert and Kay of Merced, did not.
Outside of court, Carole Carrington, the mother of Carole Sund, said she is
leaning in support of the death penalty in Stayner's case, comparing the
killing to the carnage wrought by Timothy McVeigh at the Oklahoma City federal
building.
''This was face to face,'' she said.Carole and Jens Sund graduated from
Montgomery High School in Santa Rosa. The Carringtons were property developers
in Sonoma County for years before moving to the Eureka area. Carole and Jens
Sund settled in Eureka.
You can reach Staff Writer Lori A. Carter at 521-5205 or e-mail at
lcarter@pressdemocrat.com
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