Jail conversations the focus of testimony in 3rd day of Laura Day capital murder trial

CORPUS CHRISTI - A Corpus Christi woman accused of her drowning her stepson went through a range of emotions during jail phone calls with the boy's father. They talked about starting a new life, using the boy as a tax write off, throwing away his belongings and their sex life.

"I'm glad everybody is gone and it's just you and me now," Day told David Syring in recorded jail conversations played for jurors Friday. "I don't need any of that anymore. It's just the two of us."

Syring replied "As long as I have you I have everything. That's all I want."

One of Day's attorneys Les Cassidy argued Day felt ashamed after the 6-year-old boy drowned and was concerned about her relationship with her husband and Taylor's mother Kelly Syring. Day needed reassurance from her husband because she was insecure, Cassidy said.

Day, 47, is on trial in the Oct. 5 drowning of Taylor Syring, David's son. She is charged with capital murder of a person younger than 10, injury to a child with intent to cause serious bodily injury and endangering a child.

A capital murder conviction would mean an automatic sentence of life in prison without parole for Day because prosecutors aren't seeking the death penalty.

Day also mentioned in one recorded call that she couldn't wait to leave her biological son behind to start their new life in Florida.

"I'm just so excited about our new life together," she said. "Everything is falling into place like it should and everything is happening like its supposed to."

In one conversation Day says in a high pitch voice that she did everything she could to save Taylor. Seconds later she changed her tone and talked about police not having a warrant to search her vehicle.

"It was an accident," Day said in the recorded conversation. "I want you to know that I tried everything. Did you tell them that I was crying and you were holding me in your arms and I did everything I could."

After her husband, David Syring, said he didn't remember what he told police Day's voice and topic changed.

"I want the life jacket thrown out," she told Syring. "Did you notice there was no warrant for the car?"

Cassidy mentioned that prosecutors did not play the recorded conversation in the order from which they happened. Day was indicted on a capital murder charge in January and Cassidy said the conversations, which are from January to about a week ago, are consistent with someone interested in the defense of their case.

Detective Mary Pena testified Friday that she wanted to impound Day's vehicle the night of Taylor's drowning but a supervisor told her that it wasn't necessary. She said the only evidence retrieved from the vehicle was a life vest.

Cassidy argued if Day wanted to take Taylor to the beach and drown him then a life vest would be the last thing she would take with them.

Prosecutor Brittany Jensen pointed out that Day would take a life jacket to the beach if she intended to drown Taylor and make it look like an accident.

In another conversation that prosecutors played for the jury, Day discussed her demeanor when police interviewed her, hours after Taylor drowned.

"It seems like when they recorded me I was hysterical and I was crying," Day said in the recorded conversation. "There is no possible way they cannot say I was not remorseful because that is just a bunch of bull."

As the jury heard those statements Day placed her hand over her face and put her head down.

Pena said she received about 150 recorded jail conversations between Day and Syring. Nearly 40 of them mention Taylor's name with the first one where Day asks Syring to use Taylor as a tax write-off, according to testimony.

In other phone calls Syring talked about cleaning their home and Day suggested he throw out his son's belongings.

"Throw away all the kids' stuff," Day told him.

Syring took the stand late Friday afternoon and testified that he didn't take Taylor to the beach often because he feared he might drown. He said he didn't know Day was going to take Taylor to the beach on Oct. 5, but if he had he would have trusted her.

Pena testified that Day previously told her it was Taylor's idea to go to the beach. Day said when she picked him up from school in Oct. 5 she had no plans so the two went to Jamba Juice, McDonalds, home and then the beach. Pena later questioned Day's statements after she searched her vehicle at Corpus Christi Medical Center-Bay Area.

Pena found Taylor's backpack on the front floorboard of the vehicle and his clothes on the back floorboard.

"If they had gone home I would have expected to see his clothing at home, to see it on the floorboard told me that he changed in the vehicle," Pena testified. "It's like he just stepped out of his clothes and left it right there, his underwear still in his pants."

Day was wearing a bathing suit when police interviewed her after Taylor's drowning, Pena said.

"It made me believe that they never went home," she testified.

Cassidy argued that Taylor was eating McDonalds in the vehicle when he and Day went home so Day let him finish eating while she ran inside to get some things for the beach.

Testimony will continue Monday. Follow it live at www.caller.com/live-chat/

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