Evidence versus proof in Dunbar Village trial

C.B. Hanif for WAOD:

In what might be called the first real day of the Dunbar Village gang-rape trial, jurors saw an enlarged photo of a product called Soap Scum. Another of a bottle of shampoo. An empty condom wrapper. A nose hair trimmer collected in the bathroom. Blue towel. Pillowcase. A floral colored dress found on the floor, that had been torn.

And photos of bruises and scars on the bodies of the victims.

Later, Assistant State's Attorney Arnethea McRoberts pulled from brown evidence bags, and asked crime scene investigator Arnetta Neighbors to identify: a bottle of peroxide. Condom wrapper. Nail polish remover. A vinegar bottle found in the bathtub. Two bottles of rubbing alcohol. All articles allegedly used to hide evidence of the brutal assault.

A major part of the defense, telegraphed in opening statements by Public Defender Carey Haughwout for 20-year-old Tommy Poindexter, and by attorney Robert Gershman for co-defendant Nathan Walker, 18, seemingly will be that the defendants were on the scene of the horrific sexual assault upon a mother and her son, but there is no specific evidence that they did any specific crime.

Meanwhile the state's attorneys, following up initial opening-statement promises that the cases will be decided on the evidence, began piling on the evidence.

Following the testimony of the responding officers, most of the day was taken up with CSI testimony, in exhaustive detail.

In between was a sideshow with a fearful Juror #5,

Assistant State's Attorney Craig Williams at the prosecutors' table, Nathan Walker beyond in white shirt at defense table, during a break in the trial..

C.B. Hanif for WAOD:

In what might be called the first real day of the Dunbar Village gang-rape trial, jurors saw an enlarged photo of a product called Soap Scum. Another of a bottle of shampoo. An empty condom wrapper. A nose hair trimmer collected from a bathroom. Blue towel. Pillowcase. A floral colored dress found on the floor, that had been torn.

And photos of bruises and scars on the bodies of the victims.

Later, Assistant State's Attorney Aleathea McRoberts pulled from brown evidence bags, and asked crime scene investigator Arnetta Neighbors to identify: a bottle of peroxide. Condom wrapper. Nail polish remover. A vinegar bottle found in the bathtub. Two bottles of rubbing alcohol. All articles allegedly used to hide evidence of the brutal assault.

A major part of the defense, telegraphed in opening statements by Public Defender Carey Haughwout for 20-year-old Tommy Poindexter, and by attorney Robert Gershman for co-defendant Nathan Walker, 18, seemingly will be that the defendants were on the scene of the horrific sexual assault upon a mother and her son, but there is no specific evidence that they did any specific crime.

Meanwhile the state's attorneys, following up on initial opening-statement promises that the cases will be decided on the evidence, began piling on the evidence.

Locked room in rear of the courtroom where the trial's forensic evidence lives.

After testimony from the responding officers, most of the day was taken up with the CSI testimony, in exhaustive detail.

In between was a sideshow with a fearful Juror #5.

The woman, apparently on the Walker jury, had written a note to Judge Krista Marx.

That resulted in a discussion with the attorneys and news organizations, which in turn resulted in the judge "making a request to to all media that jurors' names and photographs not be posted."

Since obviously no media is or has been doing that, Marx had the juror brought in to explain her concern. It turned out to be security. During jury selection she had mentioned that she lived alone in Wellington. She said she had gone home and been afraid to enter her house."I don’t want to be on television," she told the judge. "I’d like to know if I’ve been photographed."

Some of the increasing number of media back-benchers as attention picks up.

Marx explained that trials are public by law, and wanted to know whether the juror was nervous or unduly distracted and unable to judge the case based on its merits.

Juror 5  affirmed that she was OK, and was released by to the jury room.

But Gershman noted that he had seen her in the lunchroom with several other jurors. He wanted it known whether they discussed the matter. "There was for sure a pregnant pause when you asked could she be fair," he told the judge. "Then she posed the question to you could you ensure my photo will not appear."

He reserved the option to challenge later.

I noted  a query regarding the gender makeup. For Walker, siting on the back row of the jury box, the makeup is 4-2; four women, two men, with the alternates split. It's five men, one woman for the Poindexter jury, seated in the front row, with the alternates again split.

The jurors were engaged and attentive throughout.

One veteran of these cases told me he expected the trial to go quickly.

My experience is they never go as quickly as the folks involved think.

The initial consensus seemed to be two weeks. That seemed a stretched even before one prosecutor's appendicitis lost the case two days last week. (Williams was back again today filling in for Terri Skiles.)

I'm going to get out of the courtroom now, before they kick me out.

Where the day began.

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Comments

[Kiki]

Watch, one of the men got a 60 year sentence.

http://www.youtube.com/watch?v=fnTRL4BgHUY