Tuesday, August 21, 2007

Tuesday afternoon murder trial action - UPDATED 3:49 PM

2:02 PM - The judge informed the prosecution and defense that someone approached a juror during the lunch break while she was eating at Tastee T. He said someone asked her how long the case is going to take. The judge said the juror didn't reply to the person. He said he hasn't seen that person in the courtroom during the trial.

2:05 - Early gets back on the stand with Young continuing his cross-examination. Young is questioning Early about the bullets in the gun he used. Early said he had five, two of which were "shot shells"

2:33 - The defense called Detective Richard Ivey of the SPD to the stand. He is testifying about his interview with Early. (where it took place, how it took place.)

3:16 - Ivey left the stand and the court took a 15 minute recess.

3:35 - The defense rests it's case. The prosecution requested that Ivey be called back to the stand to review the video tape of the interview with the purpose of impeaching the defendant's testimony.

He said there are two issues that conflict with his testimony today and his interview with police. One centers around a statement to police about him putting his gun in his pocket rather than his holster because he had gotten a hair got that day. Early said multiple times he never said that. The second issue is about the distance between Early and Samuel when the shooting occurred. Young said his testimony today doesn't accurately described his comments to police.

The judge ruled that Ivey doesn't have to come back but the prosecution can show clips of the video to the jury.

3:45 - the judge dismisses the jurors for the rest of the day to prep the prosecution and defense for the closing arguments.

3:48 - The defense motioned for the case to be dismissed saying the prosecutions witnesses conflicted each other. The judge denied the motion.

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