The People v. Lam CA3

FACTS

Prosecution Case-in-Chief On December 28, 2011, Jason Wheeler was staying at the apartment of his friend Steve Buckley. During the stay, Buckley borrowed Wheeler’s white pickup truck to run an errand. At 5:00 a.m. the next day, Wheeler began getting ready for work. Around 5:30 a.m., two friends of Buckley -- defendant and a woman named Melia -- arrived at the apartment. Melia proceeded to Buckley’s bedroom and closed the door while defendant and Wheeler remained in the living room. After a few minutes, defendant left to go to a store. While defendant was away, Wheeler asked Buckley for the keys to Wheeler’s truck. Buckley said they were in the front room. Wheeler searched the front room and kitchen but did not find the keys. Defendant returned during the search and denied having the keys. Wheeler heard the clinking of his keys and saw Melia shove an object down the front of her pants. Believing Buckley and Melia were playing a joke on him, Wheeler proceeded to the bathroom and started cleaning his teeth. While in the bathroom, Wheeler heard the sound of his truck moving and ran outside. Wheeler testified that the sun “wasn’t out yet,” but “[i]t was coming up.” The day was…