Thursday, August 16, 2007

Day two testimony - UPDATED 12:28PM

Todd Vickery, the former crime scene investigator with the Shelby Police Department, took the stand at 9:39 a.m.

Defense Attorney Julian Wray continued his cross examination of the witness from yesterday. Wray is currently having Vickery identify evidence, label it and enter it into the trial. Items include a video of Dameon Romell Early's interview with police and blood samples gathered at the crime scene. Vickery left the stand at 10:16 a.m.

Ryan Smith, 19, took the stand at 10:17 a.m.
He said he has known Early for about two years. He said he also knew Samuel through his cousin. Smith testified he was walking through the Piedmont Avenue neighborhood and saw Early and a man by the name of "Little bit" standing outside Ms. Thompson's home (she is the lady that sells candy, sodas and cigarettes from her home). He said he saw Early had a gun in a holster.

He said later Early and Samuel got into a confrontation.

"They started having words," said Smith, who couldn't recall what the argument was about or any words that were stated.

Smith said Samuel pulled out a gun. He said he didn't see Samuel point a gun at anyone and put the gun away. He said Early then pulled out a gun and pointed at Samuel.

"Shots. three, four...that's what I heard," said Smith.

Smith is now using maps to illustrate his testimony.

BREAK IN TESTIMONY (11:40 am): Wray has objected to allowing the the signed, written interview report between Smith and Officer Ivey of the SPD. ADA Bill Young argued that the report corroborates the testimony. Wray argued in impeached the testimony and the written report is was not done under oath. The judge allowed the report in. Testimony started again at 11:51 a.m.

Young had Smith read the question and answer interview.

Wray began his cross-examination at 12:05 p.m.

Smith said he only heard the shots but didn't who fired them.

Smith also said it appeared Samuel had been drinking because he was acting "wild."

Smith left the stand.

Court is in recess for lunch.

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