Day 3 - Defendant Testifies

Day 3 Witnesses continues

Again we are asked to be there by 9 am, but the actual trial does not start until 10 or 10:30. This gives the jurist time to get to know each other. Most are reading some book, some are on their laptops, others are checking their emails or making phone calls to work. The rest are chit chatting about life and I am teaching my new friend how to play Jodda (the 5 letter word game). The two older German ladies gang up on me and giving me a hard word Klutz !!

I also find out that my co-teacher has an Italian/Cuban husband and they plan to visit Cuba soon.

We go back to the courtroom and the cousin of Outlaw is still on the witness stand, but now he is dressed a little more appropriate, he seems more cooperative and he has gotten rid of his smirk. We all think he has been read the riot act. He still denies everything that he said in his deposition of the previous summer. And the prosecution hammers him hard. But by cross-examining him about his deposition, we (the jury) get to hear all that he said back in July of 2010.

He walks out of the courtroom without making eye contact with his cousin the defendant.

It is the cousin who in the deposition says that Outlaw came running to him that night (or early morning) all sweaty and nervous. And the cousin asks the defendant, do you think you kill someone. Also the cousin suggests that Outlaw get rid of the gun and go hide away in Panama City.

During deliberation we asked the judge if we could look at the deposition. He said NO !! It was not evidence.

So that was the case between JT (the driver) and the cousin, we knew that Outlaw was guilty.

We broke for lunch. This day I ate lunch with the black military older man. He was very nice and was born in South Carolina. He knew that everyone in those neighborhoods has a gun. We talked about the lack of blacks on the jury. We also talked about Cuba. I gave the story about Castro, he listen politely.

Then came the cell phone witness who testified that the cell phone found at the scene of the crime was registered to Outlaw. Again we were NOT giving any phone records (shame on the defense lawyer). Several jury members said if we had had the phone records showing that Outlaw made his LAST phone call at noon when he said “he lost his phone”, then there would have been a hung jury.

The DNA person testified that the cell phone did indeed have a fingerprint on it and it belonged to Outlaw. She also testified that the spent shell and unspent shells found at the crime scene did NOT have any fingerprints or DNA on it. The projectile retrieved across the street also did not have any DNA on it (no blood).

There was also a Spit found at the scene next to the cell phone, but the DNA did NOT match Outlaw nor the victim Jerry Smith. But no DNA was collected from JT and the mysterious “Mexican” was never found.

The Lead detective also testified. He did some shabby work, but this is a small town with a small budget (it reminded me of the movie in the Heat of the Night, where the local sheriff has to ask Sidney Poitier to help with a murder case in his town).

We never heard WHEN outlaw was arrested. We never heard why HE was arrested and not JT (the driver). We never heard if Outlaw gave a statement when he was arrested. We never heard why the truck was never found. And it was NOT too clear how the name Outlaw ever came up in the investigation. (I hope someday to go talk to this detective to find out the truth or at least some details since we never heard them in court). Unfortunately this shabby work reminds me of the work the police did on my house the two times it was broken into. No communication, no results….not even a sorry we did not find anything.

The way I heard it, for 10 days NO ONE was smart enough to open up the cell phone and see who it belong to. Nor to trace all the numbers listed in the cell phone. The police assumed it belong to Jerry Smith the victim because it was next to his car keys on the road.

Without the cell phone, this would have been a hung jury.

The prosecution rested and the judge gave us 15 minute break which turned into an hour.

Then we were surprised with the defense put Outlaw on the witness stand. Oh NO, NO, NO !!
I could hear every defense attorney across the country screaming. You got to be kidding.

At this point in the trial I was 50/50 on whether there was enough evidence to convict Outlaw of this crime. No gun, no truck, no finger prints, no DNA….only a cell phone that ANYONE could have had or borrowed during the day…or planted !!

But once Outlaw got on the stand he was cooked. He told his story which was very unbelievable. About losing his cell phone and being in bed at his grandmother’s house when the shooting occur. (but no grandmother testified to that)

The prosecution when to town and got Outlaw backtracking on some of his statements. He changed his story a few times.

But it all came down to the cousin. Was there any reason your cousin testified against you ? Does your cousin love you ? Do you love your cousin ?

Are you still friends with JT (the person who drive the truck and testified you were there and had a gun) ? And the Rimerez brothers who you gave the gun to to get rid of it. And you hung out with the day after the shooting.

Why are all these 4 friends of yours testifying against you ?

It was over, Outlaw was doomed.

And then the defense RESTED !!! no witnesses (like the grandmother or girlfriend of Outlaw), no evidence (like the phone records), nothing….except to make the biggest mistake in a criminal case…putting the defendant on the stand.

If Outlaw does not testify, we have a hung jury. And he goes free until the next trial.

No gun, no truck, no finger prints, no DNA and no Mexican. Like the Defense said in his opening statements LACK OF EVIDENCE and plenty of REASONABLE DOUBT.

The judge let us go for the night. To think it over. We were all stunt as we walk out of the court house.