Novato Murder Trial Winds Down

James Mitchell said two other men attacked him at the home of his ex-girlfriend in Novato on the day she was found beaten to death in July 2009, according to testimony he gave at his murder trial Tuesday.

Mitchell, a 29-year-old resident of Pittsburg, said he took his 1-year-old daughter away from the Diablo Court home of Danielle Keller, the daughter’s mother, for the baby’s own safety following the attack and because he didn’t want to deal with the police since he was on probation.

With Keller’s mother/roommate, Claudia Stevens, sitting in the courtroom, Mitchell testified in a trial that began June 22 and could go to the jury as early as Thursday. A few more witnesses are expected to be called in Wednesday, and attorneys are scheduled to make closing arguments in the afternoon in Marin County Superior Court.

Mitchell, accused of killing Keller with a baseball bat, has been in jail  since he was arrested following an Amber Alert manhunt on the night of Keller’s killing with his blood-sprayed daughter in the car without a car seat or diapers.

Law enforcement had looked more than seven hours for Mitchell before he ran out of money and gas in Citrus Heights and turned himself into police with blood on his clothing, according to testimony. He said he didn't know Keller was dead until his mother told him during a cell phone conversation while he was driving away from Novato with his daughter.

After about 3 ½ hours of testimony Tuesday before Judge Kelly Vieira Simmons, defense attorney Stuart Hanlon asked Mitchell if he killed Danielle Keller. “No, I am not a murderer,” Mitchell replied.

Deputy District Attorney Chuck Cacciatore asked Mitchell why he didn’t turn himself in to police right away if he did not kill Keller.

“I was overwhelmed by the accusations, overwhelmed that I was a suspect, overwhelmed that Danielle was dead, and overwhelmed that they thought I could hurt (my daughter),” Mitchell said. “These accusations were way beyond me, and I said I’ve got to talk to my lawyer.”

Prominent San Francisco lawyer Terence Hallinan, Mitchell’s attorney at the time, met with Mitchell in Auburn the night of the killing, Mitchell said. He added that he knew Hallinan would be in that Gold Country city that night for another reason. A few hours after that conversation and after countless cell phone calls to family, Mitchell gave up.

The murder trial has drawn media attention because Mitchell is an heir to the well-known Mitchell Brothers pornography business in San Francisco. Mitchell said he worked sporadically as a director with the family's film company but otherwise lived off trust funds and worked on earning an associate of arts degree at Diablo Valley College in Concord.

Mitchell had lived with Keller in Pittsburg and San Francisco prior to their breakup. He said they had met at a club in San Francisco and they’d drink and do drugs together. They moved together only two weeks after meeting each other and Keller became pregnant six to eight weeks after their first date, he said.

Mitchell admitted to about a decade of serious drug use and numerous acts of domestic violence against Keller in the two years he knew her. Although he participated in a year-long battery prevention program, he said he ignored restraining orders “on a daily basis.” Keller was granted custody of the baby in March 2009, and Mitchell said he was going to fight to see her more often rather than just supervised visits on Sundays. Mitchell maintained the Keller lived with him while she had a restraining order against him.

When asked why he moved to Canada for several months in spring 2009, he said he didn’t care about his court responsibilities or his commitments to the U.S. Marine Corps, which ended up dropping him because of unsatisfactory participation. “I was talking about starting a new life,” he said.

During cross-examination, Mitchell admitted to saying he’d rather have the cops shoot him than not see his family and that he’d rather go home in a body bag than turn himself in.

Mitchell said he was invited by Keller to come see the 1-year-old on July 12 despite a violence incident at the house on June 26. "I wanted to sing 'Happy Birthday' to her," he said.

After he parked his car that evening, Mitchell said he heard Keller scream for help shortly after he approached the Diablo Court house, near Hill Middle School. He said a heavy-set man with a buzz haircut and a white shirt ran into him as another man in a black shirt ran by while carrying the screaming 1-year-old girl. Mitchell said he fought on the lawn with the two men the yard — including getting hit with the baseball bat in question — and then chased the man in the black shirt as he ran down through the cul-de-sac while holding the young girl.

Mitchell said he caught up with the man and baby at the west end of Diablo Court, near where Mitchell’s car was parked. He said the man gave up the 1-year-old, and then Mitchell made the decision to flee with her.

Stevens took the witness stand Tuesday morning and was told ahead of time that she could only answer the questions she was asked. She said she had been at a daytime Giants game on July 12 and that she left the home on Diablo Court again at about 5:45 p.m. to go to a meeting. She was not home during the altercation, but several neighbors testified that they heard screams.

Mitchell was highly critical of Stevens and said she was an abuser of alcohol and drugs.

Mitchell made 19 phone calls to Keller’s number on July 12, with most going to voicemail. Recordings of seven messages left during Mitchell’s drive to the Novato home were played in the courtroom Tuesday, and Mitchell spoke through tears on most of the calls. Among the things he left on the messages were:

• “I will never let you down again. … I’m sorry I wasn’t good enough. I want to give you my best, but it wasn’t close to what you deserve.”
• “I know I’m not the smartest man in the world. I’m just a stupid human being. … I know I’m just a horrible person, but you’re my only hope. I never loved anyone like I loved you.”
• “I’m sick and tired of this … I just don’t care anymore. I know you don’t really care about me. You don’t love me anymore.”

For another account of Tuesday's court actions, click here.