Tuesday, November 17, 2009

Last day of Witnesses - Completed


53rd day of jury trial was completed in Dept. 9, Judge Craig Parsons. The third day of defense evidence was presented and one witness testified. Criminalist John Jacobsen of Forensic Analytical (defense crime lab) testified about his testing of the firearms evidence and about crime scene reconstruction. He testified that the physical evidence proves that Officer May fired the first shot and the defendant’s return fire resulted in the fatal headshot with the first bullet. On cross-examination he conceded that his version of the shots was not consistent with the testimony of several other witnesses (the three eyewitnesses, Dr. Benson and even the defendant’s version of events), but refused to budge and stated that his reconstruction of the order of shots was perfect and error was not possible. The defense rested its case at 3:20. The prosecution called one witness in rebuttal, Chief Ron Davis. Chief Davis testified as an expert in the policy of use of force, police practices and racial profiling. He testified that the testimony of defense use of force expert (Winthrop Taylor) was racial profiling when he stated that reasonable officers assume an Hispanic male does not speak English when he refuses to stop and that the primary reason an Hispanic male runs is because he is undocumented. Both sides rested at the end of the afternoon. The trial is in recess Wednesday for the court furlough day and the trial resumes Thursday when the jury instructions will be discussed

The prosecution presented 61 witnesses and the defense presented six witnesses. Closing arguments will start Monday morning and probably last most of the afternoon. At 9:15 the court will read the jury legal instructions to the jury; that takes about 45-50 minutes. Steve Wagstaffe will give his closing argument, followed by the defense closing argument. Then Steve Wagstaffe will give a rebuttal argument. The jury should get the case for deliberations by the end of the afternoon Monday.






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