Paul F. Fritz

Witness for the Defendant:  Penalty Phase

December 3, 2004

Direct Examination by Pat Harris

HARRIS: Good morning, Paul.

FRITZ: Good morning.

HARRIS: Your wife covered a good portion of Scott's relationship with Aaron, so I'll make this fairly brief with you. I know you want to talk a little bit about Scott. So if you would, first of all, just give the jury a little bit about your background as well.

FRITZ: I was originally from southern Ohio. During the war we moved to the Chicago area, and then later to California as she explained.

HARRIS: Why did you come to California?

FRITZ: Well, in the mid 80s, we had a depression in the Midwest, and I didn't feel it was a very good environment for the boys to grow up. So we decided to move to California, where the population was growing and the economy was better.

HARRIS: You married when you were 40, is that right?

FRITZ: Right.

HARRIS: And before that you had a chance opportunity, after you were married, shortly after you were married you had an opportunity to travel a lot?

FRITZ: Quite a bit, yes.

HARRIS: Where all did you go?

FRITZ: We went to South America, and Europe skiing, Mexico.

HARRIS: When you arrived in California, your son didn't have, didn't know anybody, did he?

FRITZ: Right. Two days after we arrived here, I dropped him off at school, and high school, which was his first day. He did not know a single person. And I watched him go up the walkway to the school, and I thought, boy, I can't imagine anybody doing that, because he knew nobody. And within a short time people like Scott and other friends made his existence so much better.

HARRIS: Over the time of their friendship, you also had a chance to get to know Scott, did you not?

FRITZ: Yes. Not as much as my wife has, because I was working at the time. But we went to various functions that the school had, and the golf affairs, and so forth. And we got to know him quite well.

HARRIS: You would see him bring Aaron home and stay for dinner, those kind of things?

FRITZ: Yes.

HARRIS: I believe you also said your wife talked about that she had volunteered. You actually played golf with Scott as well, is that right?

FRITZ: Yes. I played with Scott several times with the boys. And he is, remarkable thing to me was the fact that he was an extremely good golfer. And although he was competitive, I never ever seen him get mad on the golf course. He was a gentleman.

HARRIS: Is that a place golfers tend to get a little upset on occasion?

FRITZ: Right.

HARRIS: You also got a chance to see him at your son's wedding, right?

FRITZ: Yes.

HARRIS: On occasions, your wife testified that he, since then, he stopped by numerous occasions just to visit, is that right?

FRITZ: Correct. I'm having a little trouble hearing you. Speak up, I appreciate it.

HARRIS: I'll try and speak up a little bit. I'd asked Coni a little bit about his personality traits. What traits did you see in him?

FRITZ: Well, main thing I think was leadership. Everything that he was involved in was done in a very good fashion, and volunteered for a lot of activities. She mentioned we trusted him to drive our son around. He wasn't driving at the time. And just all I can say is, first-class gentleman.

HARRIS: Did you ever, did you have respect for him?

FRITZ: Absolutely.

HARRIS: Did he show respect for you?

FRITZ: Yes. Unusually, for high school kids, he was very respectful.

HARRIS: Did you ever see an arrogance about him?

FRITZ: I'm sorry?

HARRIS: Did you ever see an arrogance about him?

FRITZ: Absolutely not. I can't even imagine that being used towards him.

HARRIS: Over the time that you saw Scott interact, at the time that he would interact with Aaron, was a friend to Aaron, would you say that he and Aaron became very close?

FRITZ: Yes, very close. They were in touch long after they left high school, as we know, and very good friends.

HARRIS: Was he a good friend to Aaron?

FRITZ: Absolutely.

HARRIS: I know that when he would stop by to see you after Aaron was gone, you told me that he would come and just, he was very inquisitive about your life. What kind of things would you talk about?

FRITZ: Well, we talked about a lot of things, but travel, in particular. He was very curious about all the things that we did, the travel. And we discussed that at length.

HARRIS: What business were you in when you got to Southern California?

FRITZ: Well, initially when he was in high school I had started a bakery in San Diego. And that proved to be not very promising, so we closed that. I went to work up in LA, Terminal Island area.

HARRIS: You did a number of entrepreneurial type things?

FRITZ: Back in the Midwest particularly, yes. My brother and I owned a steel fabricating company, steel processing company, and machine shop operation. In addition, we had two hardware stores and two travel agencies, which my wife was involved in.

HARRIS: These things that Scott also liked to talk about, entrepreneurial, business type things?

FRITZ: Yes. He was very much interested in that part of our life.

HARRIS: Would he quiz you about your life and those kind of things?

FRITZ: Oh, yes.

HARRIS: Mr. Fritz, I'll ask you the same question I asked your wife. You have known Scott, I assume you have come to see him as a friend as well?

FRITZ: Absolutely.

HARRIS: You know that we are here to ask this jury to give him a life in prison. Do you believe that if he is kept alive, that he can have a positive impact in prison?

FRITZ: Yes. I don't think there is any doubt about that. Compounded with the fact that he is a leader. He has done many good things. And he's, he can be helpful in whatever he's doing.

HARRIS: You have seen a personality based on what his relationship is with Aaron, and his relationship with you and your wife, the type of personality that he has a positive impact on people?

FRITZ: Yes.

HARRIS: You believe he can have a positive impact in jail?

FRITZ: Yes, I do.

HARRIS: That's all I have.