#TheodoreWafer testimony continues

Tuesday, August 5, 2014

Good morning:

The trial continues today with Theodore Wafer on the stand.

270 Responses to #TheodoreWafer testimony continues

  1. bettykath says:

    Thanks to everyone for the contributions here.

  2. Dave says:

    That’s all for today folks.

    Thanks to Gina Damron and Elisha Anderson of the Detroit Free Press an to Oralandar Brand-Williams of the Detroit News for their fine reporting that we have been following.

  3. Dave says:

    Hathaway said closing arguments are to go no longer than about one hour.
    by Gina Damron 3:17 PM
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  4. Dave says:

    The jury has finished giving instructions. The jurors are leaving the courtroom.
    by Gina Damron 3:16 PM
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  5. Dave says:

    Wafer is charged with second-degree murder. Hathaway said the jury can consider the lesser charge of involuntary manner. Elements of involuntary manslaughter are that he caused the death of McBride, acted in a grossly negligent manner and caused death without lawful excuse or justification.

    Wafer is also charged with manslaughter.
    by Gina Damron 3:14 PM
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  6. Dave says:

    Hathaway is listing the names of the expert witnesses who testified.
    by Gina Damron 3:08 PM
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  7. Dave says:

    Hathaway said Wafer is charged with second-degree murder and manslaughter. She said the jury must consider each crime separately.
    by Gina Damron 3:05 PM
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  8. Dave says:

    “You are the only judges of the facts,” Hathaway told the jury.
    by Gina Damron 3:00 PM
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    Hathaway said some of the things that are not evidence include the lawyers statements and arguments and lawyers questions to the witnesses.
    by Gina Damron 3:00 PM
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  9. Dave says:

    Hathaway said that jurors can only consider evidence that was properly submitted as evidence in the case.
    by Gina Damron 2:59 PM
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    She said the prosecutor must prove each element beyond reasonable doubt.
    by Gina Damron 2:59 PM
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    “It is your job to decide what the facts of the case are,” Hathaway said.
    by Gina Damron 2:58 PM
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  10. oralandar brand-wms ‏@oralandar_DN 1m
    jury instructions begin

  11. LessonLearned says:

    thank you for all the tweets professor

  12. Dave says:

    Hathaway said she is going to instruct the jury with what she can today.
    by Gina Damron 2:57 PM
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    Hathaway said closing arguments will be tomorrow.
    by Gina Damron 2:57 PM
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    Carpenter said the defense rests.
    by Gina Damron 2:56 PM
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    The jury has been brought into court.
    by Gina Damron 2:56 PM
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  13. oralandar brand-wms ‏@oralandar_DN 1m
    jurors back in courtroom

  14. fauxmccoy says:

    so far, i have felt that the prosecution has done it’s job and that the judge has been fair. i will admit to having some serious ‘ick’ feelings about these jury instructions.

  15. oralandar brand-wms ‏@oralandar_DN 33s
    attys and pros looking through the book jury instructions that jurors will receive

  16. Dave says:

    My colleague Elisha Anderson and I didn’t see it. We’re taking notes a lot and often looking at our computers. Elisha said that once Carpenter said something, Elisha looked up and still saw the juror’s hands near her face.
    by Gina Damron 2:42 PM
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  17. oralandar brand-wms ‏@oralandar_DN 51s
    sidebar over..now waiting for jurors to come in.

  18. oralandar brand-wms ‏@oralandar_DN 1m
    jury about to come back in..sidebar before it does

  19. Dave says:

    She said that if the judge isn’t going to grant a mistrial, she wants the judge to admonish the assistant prosecutor. The judge said no one is allowed to point the weapon in the direction of the jurors. Hathaway said she did hear one juror who sounded shocked during cross examination.

    Siringas said she never pointed the shotgun in the direction of the jury.
    by Gina Damron 2:30 PM
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    • Dave says:

      I was on a jury once where the prosecutor repeatedly waved a shotgun around pointing at everyone in the courtroom at least once. NOT GUILTY!

      • J4TMinATL says:

        She did point it in the direction of juror(s) that would be sitting where we saw camera show jurors face when it was first streamed live.

        • J4TMinATL says:

          And prosecutor said to Wafer, “and we did see some reaction from one of the jurors when a gun is brought out unsafe.”

  20. oralandar brand-wms ‏@oralandar_DN 40s
    pros says she never pointed the gun in the direction of the jury. judge says gun will not be handled during closing arguments.

  21. oralandar brand-wms ‏@oralandar_DN 15s
    def atty..nobody handled it like ms. siringas. if you are not going to grant mistrial at least admonish the pros.

  22. oralandar brand-wms ‏@oralandar_DN 43s
    pros the gun was used in this case by many peop. there was nothing in appropriate by what happened. the gun is not loaded.

    • bettykath says:

      so many people have been shot by guns that weren’t loaded. I’m with the juror on this. Assume it’s loaded and never point it at anyone you don’t intend to shoot.

      • ay2z says:

        Lesson No, 1!

        Thanks, bettykath. Legally it may not matter if you point a gun at people unless it happens to be loaded, whether you know it or not.

        But firearm safety and regulations (in SA apparently, a firearms expert interviewed said just this). Didn’t know it was loaded is often the case of accidental shootings.

  23. oralandar brand-wms ‏@oralandar_DN 33s
    def atty tells judge how juror “reacted in horror..saying Oh My God” as pros handled gun during cross exam of wafer.asks for mistrial incase

  24. oralandar brand-wms ‏@oralandar_DN 51s
    def attys and pros still hashing over jury instructions that wil be given …jurors not in courtroom

  25. oralandar brand-wms ‏@oralandar_DN 10s
    judge: “noone knows what (mcbride) was doing ” for 3 hours before shooting to def atty’s claims mcbride was trying to break into waferhome

    • Dave says:

      Carpenter asked for a mistrial.
      by Gina Damron 2:28 PM
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      Carpenter said Siringas picked up Wafer’s shotgun during cross examination and was pulling the trigger. Carpenter said Siringas also pointed the gun toward the jury and one juror “reacted in horror.” Carpenter said Siringas was trying to use the weapon to show how dangerous it is.

      Siringas said the gun is not loaded.
      by Gina Damron 2:27 PM
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  26. oralandar brand-wms ‏@oralandar_DN 1m
    pros: “(wafer) has given two different theories.”

  27. oralandar brand-wms ‏@oralandar_DN 3m
    judge: “this is such and unusual instruction” about so-called exculpatory statement.

  28. oralandar brand-wms ‏@oralandar_DN 3m
    pros wants instructions given on “exculpatory statements” def atty says they have proven there are false statements made by wafer

  29. Dave says:

    In discussion about jury instructions, Siringas said that when Wafer talked to police, he said the gun discharged and now says it was self defense. She said that, if the jury believes the second, then the first was an exculpatory statement that he was trying to pass along to police to make them not charge him. Siringas said that the law says the jury can consider those statements as evidence of guilt.

    Carpenter said prosecutors haven’t proven there was a of false statement made by Wafer.
    by Gina Damron 2:15 PM
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  30. oralandar brand-wms ‏@oralandar_DN 3m
    pros. talks about “false exculpatory statements” that wafer allegedly in the case referring to two theories on shooting: accident/self def.

  31. oralandar brand-wms ‏@oralandar_DN 10m
    you don’t have to aim a gun in gross negligence in murder 2. judge says she will give it as a “lesser”

  32. oralandar brand-wms ‏@oralandar_DN 11m
    pros. wants gross negligence considered in murder 2 instruction

  33. Nef05 says:

    Did the defense put any neighbors up as ear witnesses, attesting to this attack on his house? These neighborhoods (I have a friend living in Dearborn Heights) are so quiet you can hear a car door close (not slam) halfway down the block.

    If there was all this window rattling, floor vibrating “pounding” on doors on two different sides of the house, during the quietest time of the night, everyone in a two block radius would have heard it. For the people on either side of him the noise would have been so loud it would have sounded like Renisha was pounding on their door (trust me I, myself, have gone to my door when someone was knocking normally at my neighbor’s home, thinking it was mine – middleclass neighborhood similar to D. Heights), and the echo across the street would have been almost as loud.

    Did any neighbor corroborate this violent attack on Wafer’s home, and if not – isn’t the entire defense predicated on the strength and viciousness of this attack that terrified this man so much he “had” to shoot as soon as he opened the door?

    • Dave says:

      It’s a corner house so only one next door neighbor. The side door faces the street.

      • Nef05 says:

        That time of night, it’s country quiet. All of his neighbors, other corner homes included, would have heard a normal knock, let alone the structure shaking “boom, boom, boom” he claims. The lack of homes to even slightly muffle the sounds coming off the front and side (street) door means the sound would have traveled. I wonder why the defense wouldn’t put someone up to say they heard it and wondered “what is all that noise at 4:30am”?

    • fauxmccoy says:

      reading this from email, so i cannot tell if anyone has answered. sorry if this is repeat info.

      there was one neighbor who was an eye witness. he lived in the house directly across the street from wafer’s side door. he did hear the knocking noises from his home office where he was working at the time. he went outside, had a clear view of wafer’s side doors, but not the front. he saw absolutely nothing at the side doors (no mob running back and forth, making the windows and floor shake) and then he heard the gun shot.

      this testimony certainly did not help wafer at all. in fact, none of it.

  34. oralandar brand-wms ‏@oralandar_DN 13m
    def atty says smudge marks on door, AC units, woven pattern on main front door shows mcbride trying to break in..

  35. oralandar brand-wms ‏@oralandar_DN 13m
    def atty: “he has every right to open that door. he’s still in home.”

  36. oralandar brand-wms ‏@oralandar_DN 13m
    pros: def atty trying to give false impress.that renisha mcbride did something wrong by being on wafer’s porch.”but he’s not on the porch!”

  37. oralandar brand-wms ‏@oralandar_DN 14m
    pros: “there’s no duty to retreat issue..he never went on the porch”

  38. oralandar brand-wms ‏@oralandar_DN 15m
    pros: he was never on the porch..he did not have duty to retreat..says the instruction wld confuse jury

  39. oralandar brand-wms ‏@oralandar_DN 15m
    def atty wants “a person’s porch is part of one’s home”..pros objecting..”no evidence he was on his porch.”

  40. oralandar brand-wms ‏@oralandar_DN 15m
    judge says “i’m going with what the evid shows..”..def atty cites castle doctrine

  41. oralandar brand-wms ‏@oralandar_DN 16m
    judge says based on info presented before jury shows no evidence of break in

  42. oralandar brand-wms ‏@oralandar_DN 16m
    jurors are not in courtroom while lawyers argue over whether break in/home invasion put in jury instructions

  43. oralandar brand-wms ‏@oralandar_DN 16m
    on home invasion because no evidence of breaking/entering

  44. oralandar brand-wms ‏@oralandar_DN 16m
    pros says there is no evid mcbride attempt to break in ..no locks damaged..judge said earlier no evid to support instructions

  45. oralandar brand-wms ‏@oralandar_DN 16m
    court back in session. def atty arguing motion for jurors to consider some elements in case while they deliberate. elements for breaking in

  46. fauxmccoy says:

    i think that while wafer is still in court, he should petition to change his name to ‘waffle’ to more aptly describe himself as a witness. this dude is his own worst enemy on the stand, but i did expect this. his attorneys did not help in all honesty.

  47. Dave says:

    J, they were having a discussion when we came into the courtroom. We missed some of the discussion, so I’m not sure.
    by Gina Damron 1:55 PM
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    Siringas accused Wafer’s attorney Cheryl Carpenter of wanting to create a false impression that McBride was doing something wrong by being on the porch.
    by Gina Damron 1:54 PM
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  48. Dave says:

    Judge Hathaway said she is going to give the jury an instruction that a person’s porch is part of his home.
    by Gina Damron 1:52 PM
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    Bronze, Wafer did testify that he changed into his jeans.
    by Gina Damron 1:51 PM
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    Jeffy, his home is in Dearborn Heights, near Detroit.
    by Gina Damron 1:45 PM
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    • Dave says:

      Why did he change his jeans? Did he soil them?

    • Malisha says:

      So the judge just handed the case over to the defense. Porch = home, shooting porchstander in the face = self-defense.

      • Two sides to a story says:

        *smh* His “porch” is nothing more than a concrete stoop. And legal precedent doesn’t seem to count that as your home, otherwise cops wouldn’t be able to stand on these and knock at your door.

        • Dave says:

          The point they seem to be making is that since the porch is part of the house, It’s legal for the house holder to walk out on to it armed whenever he chooses and he is under no legal obligation to retreat from it. (Again, this is the Defense’s apparent argument, not mine.)

  49. Dave says:

    Jurors are here, but not in the courtroom. There is discussion going on about jury instructions.
    by Gina Damron 1:43 PM
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  50. MKX says:

    Wafer is convicting himself.

    Because his car was paint balled, he became so paranoid that he thought he was going to be attacked?

    Good golly, cars parallel parked on main streets have been subject to random mischief since there have been cars.

    IMO, Wafer is off of the deep end, and it would be a travesty not to get him out of society.

    • girlp says:

      I believe he was angry at being disturbed at 4:30 am he aimed and shot this was not an accident, no house shaking no windows shaking just loud knocking at the door. Also, he opened the door and claims he pointed an unloaded weapon at someone trying to break in, he knew the gun was loaded and may have loaded it before he opened the door. I hope he is convicted of something he should not be able to walk away from this.

      • MKX says:

        His false story begs a rather obvious question:

        What did McBride possess that allowed her to bang on a home so hard that the floor shook such that a reasonable person not lying to protect his ass would assume a break in was in progress?

        And what damage is there to the home that corresponds to pounding such that the floors shook?

        • girlp says:

          She had no weapons she was injured most likely a head injury at the most was knocking loudly to try to get someone to the door; they have no evidence she was trying to break into the house. With the alcohol wearing off she must have been in pain .

    • Two sides to a story says:

      Sadly, there are a zillions Fogens and Wafers toting guns around this country. I despair.

    • fauxmccoy says:

      in fact, even before there were cars, a person’s horse was subject to random mischief. it’s an age old story, but most folks do not resort to random shotgun firings to deal with such.

  51. oralandar brand-wms ‏@oralandar_DN 1m
    def atty asks him if she ever told him what to say..he says she said just to tell the truth..lunch break ..back at 1:30

  52. oralandar brand-wms ‏@oralandar_DN 1m
    wafer says “nothing came out” during shooting..did not speak during the shooting

  53. oralandar brand-wms ‏@oralandar_DN 1m
    def atty says wafer if he ever stepped out on his porch during the incident. he says no

  54. Dave says:

    Court is taking a lunch break.
    by Gina Damron 12:19 PM
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    No further questions from Carpenter or Siringas.
    by Gina Damron 12:19 PM
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    Wafer said Carpenter has told him to tell the truth.
    by Gina Damron 12:19 PM
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  55. oralandar brand-wms ‏@oralandar_DN 1m
    wafer says he switched out screen door and didn’t touch or tamper with..put it in basement of his home

  56. oralandar brand-wms ‏@oralandar_DN 1m
    def atty asks wafer to clarify about his screen door at police dept. he says he wanted to replace it cause he didn’t want empty screenarea

  57. Dave says:

    Wafer said he switched out the screen for the glass. Earlier testimony was that police did not come and get the screen insert for days.
    by Gina Damron 12:18 PM
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  58. oralandar brand-wms ‏@oralandar_DN 51s
    wafer says after hearing lot of testimony he didn’t think they did good (job) but not for him to decide.

  59. oralandar brand-wms ‏@oralandar_DN 1m
    def atty: you wish this hadn’t happened to you
    wafer: of course. i don’t know why this was brought to me. i didn’t go out looking for this

  60. oralandar brand-wms ‏@oralandar_DN 1m
    pros done..re-direct now by def atty..wafer talking emotionally about shooting and mcbride

  61. Dave says:

    “Yeah I don’t know why this was brought to me. I didn’t go out looking for this,” Wafer said.
    by Gina Damron 12:15 PM
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  62. oralandar brand-wms ‏@oralandar_DN 1m
    wafer: i was protecting myself
    pros: from an unarmed teenager
    wafer: i did not know it was a teenager.

  63. Dave says:

    “I was just trying to answer the questions the officer was asking me,” Wafer said about his interview. He said it was so traumatic, he was still processing.
    by Gina Damron 12:14 PM
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  64. Dave says:

    Wafer said he was being truthful with police and while testifying.
    by Gina Damron 12:13 PM
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  65. Dave says:

    Wafer said he has had nightmares about this.
    by Gina Damron 12:13 PM
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  66. Dave says:

    Carpenter asked if this is fun for him.
    Wafer said no, it’s a “nightmare.”
    by Gina Damron 12:12 PM
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  67. Dave says:

    Cheryl Carpenter asking questions on redirect.
    by Gina Damron 12:12 PM
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    No further questions from the prosecution.
    by Gina Damron 12:11 PM
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  68. Dave says:

    Siringas asked what it was a reaction to. Wafer said it was a reaction to his life.
    by Gina Damron 12:11 PM
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    • ay2z says:

      Here’s where the reasonable person concept comes in. Was that reaction reasonable and makes the killing a legal act? Or were there other choices, did his anger get in the way?

      (OT– earthquake in South Africa around Johannesburg, felt also in Pretoria but not hit)

  69. Dave says:

    Wafer said it was too quick, it was a reaction.
    by Gina Damron 12:10 PM
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    Siringas asked why he didn’t tell the person to back up or ask what they were doing there.
    by Gina Damron 12:10 PM
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    Wafer said he didn’t know the person on his porch was a teenager. He said he didn’t know what was coming next.
    by Gina Damron 12:10 PM
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  70. Dave says:

    Siringas asked Wafer if he thinks he’s a careful gun owner.

    “I thought I was,” Wafer said.
    by Gina Damron 12:09 PM
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  71. oralandar brand-wms ‏@oralandar_DN 39s
    found on her..”not in that split second..no”

  72. oralandar brand-wms ‏@oralandar_DN 25s
    pros: you know renisha mcbride was young..you knew she wasn’t armed..wafer: i didn’t know that ..i didn’t know if there were any weapons

  73. Dave says:

    Wafer said he knew the person on his porch was young and shorter than him. He said he didn’t know she wasn’t armed.
    by Gina Damron 12:07 PM
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  74. oralandar brand-wms ‏@oralandar_DN 2m
    he said he wanted to end confront and pros says “you sure ended it..”

  75. oralandar brand-wms ‏@oralandar_DN 1m
    before sidebar pros asking if wafer was looking for a confront with kids he thought was messing with him when he went to door armed.

  76. oralandar brand-wms ‏@oralandar_DN 1m
    sidebar after juror gets afraid of wafer shotgun being held by pros. judge says “put it downward..”

  77. Dave says:

    Wafer said he was hoping to end a confrontation. Siringas said “you sure ended it didn’t you?”
    by Gina Damron 12:01 PM
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  78. Dave says:

    Siringas said isn’t it true that when he opened the door he was looking for a confrontation.

    “No,” Wafer testified.
    by Gina Damron 12:01 PM
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    Siringas asked Wafer if it’s true that when he opened the door he thought there were kids outside messing with him. Wafer said no.
    by Gina Damron 12:00 PM
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  79. oralandar brand-wms ‏@oralandar_DN 46s
    pros asks wafer about leaving front door wide open as he went looking for phone and his statements about fearing tht mult peo. being outside

  80. Dave says:

    Siringas asked Wafer if he told us that he was afraid that there were multiple people.
    by Gina Damron 11:56 AM
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    Wafer said that, during that time, his front door is wide open and the screen was knocked out.
    by Gina Damron 11:56 AM
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    Wafer said he then went to the bathroom, back to the back room, back to the kitchen. He said he ended up finding it in his bathroom.
    by Gina Damron 11:56 AM
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  81. oralandar brand-wms ‏@oralandar_DN 8s
    pros asks where in house wafer went to look for cell phone after he shot mcbride..says he first went to kitchen..found it in bathroom

  82. Dave says:

    Wafer said he first went into the kitchen and started turning on lights. He said it wasn’t there on the counter.
    by Gina Damron 11:55 AM
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    Siringas asked where in the house he went.
    by Gina Damron 11:55 AM
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    Siringas asked Wafer if after he put the gun down he went inside of his house to find his phone. Wafer said yes.
    by Gina Damron 11:55 AM
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  83. oralandar brand-wms ‏@oralandar_DN 55s
    pros shows pic of wafer shotgun near front door

  84. oralandar brand-wms ‏@oralandar_DN 12s
    wafer was questioned by Det/Lt. James Serwatowski at the Dearborn Heights police station 2-3 hours after the shooting of mcbride

  85. oralandar brand-wms ‏@oralandar_DN 45s
    wafer says he cldn’t remember everything then but has had time since shooting to process everything

  86. Dave says:

    Siringas asked Wafer if his memory is better all these months later. Wafer said yes because he’s had time to process.
    by Gina Damron 11:50 AM
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  87. oralandar brand-wms ‏@oralandar_DN 51s
    now pros and def atty trying to sort through another word in audi and transcript. judge telling them not to solely rely on trans. use audio

  88. oralandar brand-wms ‏@oralandar_DN 1m
    def objects to pros showing video ..saying jurors already saw it monday

  89. oralandar brand-wms ‏@oralandar_DN 52s
    pros: you said you didn’t know what was going on.
    wafer: it’s clear to me that someone was trying to gain entry.

  90. Dave says:

    Wafer said it was clear to him someone was trying to gain entry to his house.
    by Gina Damron 11:44 AM
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  91. oralandar brand-wms ‏@oralandar_DN 1m
    showing video of wafer talking to police about being paranoid about being paintballed

  92. Dave says:

    In the clip of his interview, Wafer told Serwatowski he was paranoid after the paint ball incident.
    by Gina Damron 11:44 AM
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  93. Dave says:

    Siringas is asking Wafer about opening a hallway door to block people from being able to see through his house. Wafer said he’s a security thing.
    by Gina Damron 11:43 AM
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  94. oralandar brand-wms ‏@oralandar_DN 35s
    siringas asks wafer if he is paranoid..he says he was put on edge in ref. about crawling..

  95. Dave says:

    Siringas asked Wafer if he was paranoid.

    Wafer said he didn’t think so.
    by Gina Damron 11:41 AM
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  96. oralandar brand-wms ‏@oralandar_DN 1m
    pros asking “why are you crawling around your house..”wafer: i didn’t want anyone to see me in there..that’s why i crawled

  97. Dave says:

    Siringas asked Wafer why he was crawling around his house. Wafer testified that when he got out of his chair, he didn’t have any blinds on the glass block, so he crawled out of that room.
    by Gina Damron 11:40 AM
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    Siringas is asking Wafer about looking for his cell phone.
    by Gina Damron 11:39 AM
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  98. oralandar brand-wms ‏@oralandar_DN 34s
    pros: your house buttoned down pretty good, right??
    wafer: … to me it’s pretty secure

  99. oralandar brand-wms ‏@oralandar_DN 1m
    police on tape asks wafer about lighting in his home and porch and street light that “lights up very well.”..wafer says lights the street up

  100. oralandar brand-wms ‏@oralandar_DN 1m
    wafer agrees with pros that he didn’t tell police some things he testified about monday on the shooting

  101. Dave says:

    In the video, Wafer told Serwatowski that the street lights light up the area “very well.”
    by Gina Damron 11:36 AM
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  102. oralandar brand-wms ‏@oralandar_DN 1m
    pros showing police ques. video again

  103. Dave says:

    Interviewing Wafer in the video is Dearborn Heights police Detective Lt. James Serwatowski.
    by Gina Damron 11:34 AM
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  104. oralandar brand-wms ‏@oralandar_DN 20s
    back in session..wafer stil on stand..not hunted with his mossberg 500, his weapon that he is accused of shooting mcbride with

  105. Dave says:

    Wafer testified he has hunted in the past.
    by Gina Damron 11:32 AM
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    Prosecution is playing a clip of Wafer’s interview.

    “What kind of rounds do you use in that gun?” the officer asks in the video.

    “I don’t even know. I don’t hunt. I don’t do nothing with it. I had, I had bought I think bird shot with the gun and then went out and purchased a box of, I think it was buck shot, double ought buck, you know what i mean,” Wafer said.
    by Gina Damron 11:31 AM
    ↑ 0

  106. oralandar brand-wms ‏@oralandar_DN 1m
    sidebar

  107. oralandar brand-wms ‏@oralandar_DN 1m
    pros says wafer wanted to convey to police that he was inexperienced with guns. she asks him if he has hunter before and wafer says yes

  108. Dave says:

    Wafer said it was a very traumatic event. Siringas asked Wafer if he wanted to convey to the police that he was an inexperienced gun owner, who accidentally pulled the trigger.

    Wafer said no.
    by Gina Damron 11:27 AM
    ↑ 0

  109. oralandar brand-wms ‏@oralandar_DN 50s
    pros: your whole story before you got into a trial that this was an accident..

  110. Dave says:

    Siringas asked why take off the safety if the gun isn’t even loaded.
    He said he doesn’t know, his thumb could have pushed the safety up when he took it out of the case.
    by Gina Damron 11:25 AM
    ↑ 0

  111. oralandar brand-wms ‏@oralandar_DN 58s
    Wafer:I did know the gun was loaded.. I forgot about it…it was in the ready position after I shot yes..the safety was on in the case.”

  112. Dave says:

    He said he took the safety off. Wafer said he doesn’t remember taking it off.
    by Gina Damron 11:24 AM
    ↑ 0

    Wafer said the safety on the gun was on in the case.
    by Gina Damron 11:24 AM
    ↑ 0

    • Dave says:

      Why would he have engaged the safety on an empty gun? Normally you would only do that if you had a round in the chamber.

      • fauxmccoy says:

        because that apparently scares people better than just opening a door with an unloaded gun.

        seriously, this guy is a disaster on the stand.

  113. oralandar brand-wms ‏@oralandar_DN 56s
    pros: you want jurors to believe that you were scared yet you went to that front door with a loaded shotgun. wafer: that’s what i did

  114. oralandar brand-wms ‏@oralandar_DN 43s
    wafer said “he thought” he loaded the shotgun awhile back..not as recent as two weeks before mcbride shooting

  115. oralandar brand-wms ‏@oralandar_DN 1m
    pros asks wafer if he loaded his shotgun because someone had paintballed his vehicle..asked if he made police report about it..he said no

  116. Dave says:

    Siringas asked if there was a police report for the paint ball incident. Wafer said no.
    by Gina Damron 11:19 AM
    ↑ 0

  117. oralandar brand-wms ‏@oralandar_DN 48s
    wafer to pros about date on when he loaded his shotgun: “just trying to piece it together..a lot of confusion.”

  118. oralandar brand-wms ‏@oralandar_DN 2m
    pros asking what day tigers elim. she was oct. 19..less than two weeks from the Nov. 2 of mcbride

  119. Dave says:

    Siringas showed Wafer something showing Oct. 19, 2014 was the day the Tigers were eliminated.
    by Gina Damron 11:16 AM
    ↑ 0

  120. oralandar brand-wms ‏@oralandar_DN 1m
    says it was the night the tigers lost american league champ.

  121. oralandar brand-wms ‏@oralandar_DN 50s
    pros shows in police interog. video wafer talking about when he last loaded his gun

  122. Dave says:

    Wafer said is truck got paint balled, according to the interview being played. In the video, he says that was the night the Tigers lost, “not going to the series.”
    by Gina Damron 11:15 AM
    ↑ 0

  123. oralandar brand-wms ‏@oralandar_DN 45s
    wafer said he loaded his gun last the night his car was paintballed..

  124. Dave says:

    The video and transcript from Wafer’s interview is being played again.
    by Gina Damron 11:13 AM
    ↑ 0

  125. oralandar brand-wms ‏@oralandar_DN 1m
    wafer says he had to protect himself..pros. self defense>>>you have a lot of buzz words mr. wafer. he says “i did not know the gun was load.

  126. Dave says:

    Wafer said he did not know the gun was loaded, he had forgotten about it.
    by Gina Damron 11:10 AM
    ↑ 0
    Wafer said the gun is at his side, when he opened door fully and the person came into his view he raised the gun. He said there was no leveling of the gun or pointing, just a self-defense reaction to protect himself.

    “You got a lot of buzz words, Mr. Wafer,” Siringas said.
    by Gina Damron 11:10 AM
    ↑ 0

  127. oralandar brand-wms ‏@oralandar_DN 45s
    pros: you raised your hand up..you raised your gun at you pointed at renisha mcbride. pros: self defense .you got a lot of buzz words

    • fauxmccoy says:

      implying that he was coached, perhaps? i think he certainly was, but they concentrated way too much on direct examination and he skipped out on the cross exam portion.

  128. oralandar brand-wms ‏@oralandar_DN 1m
    Wafer: “it just came up in a reaction to my other hands..i don’t have it in both hands while im opening the door.”

  129. Dave says:

    You know the gun doesn’t go off accidentally, right, Siringas asked.

    Wafer said right.
    by Gina Damron 11:08 AM
    ↑ 0

  130. oralandar brand-wms ‏@oralandar_DN 1m
    pros: “it was a human being right?” Wafer “yes” to his comments about not knowing who he shot

  131. oralandar brand-wms ‏@oralandar_DN 57s
    wafer says he did not go on porch and he was 2 feet away from screen when he fired. “i remembered raising the gun”

  132. Dave says:

    Siringas is asking Wafer about raising the gun when he saw the person on his porch. “I did not know who this person was,” Wafer testified.

    Whoever it was was a human being, right, Siringas asked.

    Wafer said yes.
    by Gina Damron 11:06 AM
    ↑ 0

  133. oralandar brand-wms ‏@oralandar_DN 1m
    pros asks wafer how he is able to see figure and one run off porch thru just a peephole. he says he can see all the way to sidewalk thru it

  134. Dave says:

    Wafer said he was within a couple of feet of the screen when he fired the shotgun.
    by Gina Damron 11:05 AM
    ↑ 0

  135. Dave says:

    Siringas asked Wafer if he told his lawyer yesterday there was no place in his house he felt safe. “Right,” Wafer said.
    by Gina Damron 11:04 AM
    ↑ 0

  136. Dave says:

    Siringas is asking Wafer about his peep hole. He said he can probably see all the way to his sidewalk.
    by Gina Damron 11:03 AM
    ↑ 0

  137. oralandar brand-wms ‏@oralandar_DN 30s
    pros asking about his comments about a figure jumping off porch going to the right

  138. Dave says:

    Wafer is back on the stand.
    by Gina Damron 11:02 AM

  139. oralandar brand-wms ‏@oralandar_DN 1m
    siringas continues her cross-exam of Wafer

  140. Dave says:

    Carpenter renewed her motion to allow juror questions.
    by Gina Damron 10:42 AM
    ↑ 0

  141. oralandar brand-wms ‏@oralandar_DN 2m
    def atty puts on record that a juror passed a note to a deputy: she says she “bets they have a question for mr. wafer.” sidebar

  142. oralandar brand-wms ‏@oralandar_DN 2m
    ct breaks for 5 min break for jurors..

  143. oralandar brand-wms ‏@oralandar_DN 43s
    wafer says he didn’t know the person knocking was trying to get my attn. says he thought they were tryng to beat the door down

  144. Dave says:

    Court is taking a five-minute break.
    by Gina Damron 10:41 AM
    ↑ 0
    “I thought they were trying to beat the doors down,” Wafer said.
    by Gina Damron 10:40 AM
    ↑ 0

  145. oralandar brand-wms ‏@oralandar_DN 20s
    this is the tape of when officers on the scene asks wafer what happened. pros asks him about his statements to police at the scene

  146. oralandar brand-wms ‏@oralandar_DN 53s
    video taped being shown of first officers to wafer house following shooting of mcbride

  147. Dave says:

    Wafer can be heard telling police there was a “consistent knocking” on the door.
    by Gina Damron 10:38 AM
    ↑ 0
    “Where’s your gun at?” an officer asks Wafer.
    “It’s on the ground inside the door,” Wafer said.
    by Gina Damron 10:38 AM
    ↑ 0

  148. Dave says:

    Audio and video from a police vehicle from the night of the shooting is being played.
    by Gina Damron 10:37 AM
    ↑ 0

  149. oralandar brand-wms ‏@oralandar_DN 49s
    wafer says he thought EMS wld come and help McBride. pros: you think EMS cld save her from what you did??

    • ay2z says:

      and didn’t he say he didn’t call 911 because in his past experience, they don’t do any good, they don’t arrive on time or even arrive at all.

      But, if he thought it through that clearly that night, he should have figured if this were a real home invation and he were a victim, a 911 call would have help for HIM if he were in trouble, shot, knocked out, heart attack, otherwise in need of medical help on scene.

      His decision could have been deliberate from the exuses (ala Oscar Pistorius philosophy about police or 911).

      He did not need to point the gun at anyone that night, had choices, call out, gun not aiming at anyone loaded or not, He could have spoken to the person, a few moments is all it would have taken.

      Knocking might frighten someone to take caution and to call 911, but it is not a threat.

      • Dave says:

        He may have believed (as many do) do that it would be quicker to call the police directly than having his call go through the 911 operator.

  150. Dave says:

    “This is somebody else’s fault, right?” Siringas asked.
    “It’s not somebody else’s fault,” Wafer said.
    by Gina Damron 10:36 AM
    ↑ 0

  151. oralandar brand-wms ‏@oralandar_DN 48s
    pros: did someone enter your house. Wafer: not but that’s what I thought was going to happen shortly.

  152. MKX says:

    Wafer is looking kind of stupid by saying banging on a door is not the way to look for help.

  153. Dave says:

    “Did somebody enter your house?” Siringas asked.
    Wafer said no, but he thought that was going to happen.
    by Gina Damron 10:33 AM
    ↑ 0

  154. oralandar brand-wms ‏@oralandar_DN 1m
    he says he thought police saw the screen door

  155. oralandar brand-wms ‏@oralandar_DN 48s
    pros asks about metal noises on front door and points out that he didn’t tell police about door being off the track.

  156. oralandar brand-wms ‏@oralandar_DN 1m
    pros asks why he didn’t say “if you take one step into my house i’m going to blow your head off.”

  157. Dave says:

    No evidence of any metal pounding up against your door is there, Siringas said. “I think there is, yes,” Wafer said.
    by Gina Damron 10:31 AM
    ↑ 0

  158. oralandar brand-wms ‏@oralandar_DN 1m
    wafer says banging on door violent and that that “isn’t the way you look for help” pros: “shoot first ..ask ques later?????”

  159. Dave says:

    Siringas asked Wafer if he had a locked steel door that no one had penetrated. Wafer said that’s right.
    by Gina Damron 10:30 AM
    ↑ 0

  160. oralandar brand-wms ‏@oralandar_DN 1m
    Wafer:”I drew first. The threat that was coming in my house.”

  161. Dave says:

    I wanted it to end. I wanted to find out what was going on,” Wafer said when Siringas questioned him about opening the door.
    by Gina Damron 10:29 AM
    ↑ 0

  162. Dave says:

    Nobody said anything out there,” Wafer said.
    Siringas asked if he said anything.
    Wafer said he didn’t want to give away his position in the home.
    by Gina Damron 10:28 AM
    ↑ 0

  163. Dave says:

    “This was not knocking,” Wafer testified.
    by Gina Damron 10:28 AM
    ↑ 0
    “I drew first, that’s how I see it,” Wafer said. He said there was a threat, he thought at any second someone would come into his house.
    by Gina Damron 10:27 AM
    ↑ 0

  164. oralandar brand-wms ‏@oralandar_DN 57s
    wafer: “there was no aiming..” says he just shot in fear..says when he shot mcbride she was not banging on door

  165. Dave says:

    “I shot in fear,” Wafer testified.

    So that means you shot on purpose, Siringas said.
    by Gina Damron 10:25 AM
    ↑ 0

  166. Dave says:

    Yes I shot in self defense,” Wafer testified. He said it didn’t seem like he was aiming. He said t was a reaction toward the figure on his porch.

    “I didn’t point it at anybody’s face,” Wafer testified.
    by Gina Damron 10:25 AM
    ↑ 0

  167. oralandar brand-wms ‏@oralandar_DN 49s
    wafer says he didn’t know mcbride was a girl, what race she was..

  168. Dave says:

    Wafer said he didn’t know who the person was.
    by Gina Damron 10:24 AM
    ↑ 0
    Siringas asked Wafer if he leveled his gun. Wafer said he doesn’t know if he leveled it or not.
    by Gina Damron 10:22 AM
    ↑ 0

  169. oralandar brand-wms ‏@oralandar_DN 35s
    as he testified monday.

  170. oralandar brand-wms ‏@oralandar_DN 17s
    wafer says gun discharged and unfor. mcbride was right there. pros points out that he didn’t tell police that she came from right side

  171. oralandar brand-wms ‏@oralandar_DN 59s
    pros says anywhere in transcript that he said he heard metal hitting his front door. Wafer: says he didn’t think so or that he pickd up bat

  172. Dave says:

    “I go and come through my side door. So you know I purchased this shotgun years ago maybe five years ago, the neighborhood was changing more or less. More security so I grabbed it,” Wafer told police, according to the video and transcript.
    by Gina Damron 10:18 AM
    ↑ 0

    Wafer said that he doesn’t use the front door, according to the interview with police being played.
    by Gina Damron 10:17 AM
    ↑ 0

  173. oralandar brand-wms ‏@oralandar_DN 1m
    pros showing video police interog:

  174. Dave says:

    Video of Wafer’s interview planed. He told police: “It’s a pistol grip so you just have to lift it up, so open the door with one hand and when I placed my other hand on the I’m not sure the technology what you call it — shit. The barrel part of the stock.”
    by Gina Damron 10:16 AM
    ↑ 0

  175. oralandar brand-wms ‏@oralandar_DN 1m
    siringas asking wafer about him knowing that he was being recorded..now asking about his contention that shootng was accidental

  176. Dave says:

    Siringas asked Wafer if he was trying to make his story good when he was talking to police because he knew he was being recorded. “I’m just trying to cooperate,” Wafer said.

  177. oralandar brand-wms ‏@oralandar_DN 50s
    wafer: “I didn’t stare at the body to really undertand the wound.”

  178. oralandar brand-wms ‏@oralandar_DN 1m
    wafer: “I was upset..” says “it looks like I said something…nothing came out..it was in my head.”

  179. Dave says:

    Wafer told police he opened the door while he was full of “piss and vinegar,” according to the clip of his interview.
    by Gina Damron 10:12 AM
    ↑ 0

  180. oralandar brand-wms ‏@oralandar_DN 46s
    pros asks wafer about him being mad that Nov. 2 .pros asks him about his quote that he was full of “piss and vinegar” about the incident

  181. Dave says:

    Sorry, everyone, I’m having some internet troubles here. To catch up on testimony, Siringas asked Wafer about his comment to police that he never picked up prostitutes because Dearborn Heights police are too good. Wafer said “It’s never crossed my mind to pick up a prostitute.” He said he doesn’t pick up prostitutes.
    by Gina Damron 10:11 AM
    ↑ 0

    • fauxmccoy says:

      and that is his only reason? the fear of getting caught? yikes.

      what else does he not do out of fear of getting caught?

  182. oralandar brand-wms ‏@oralandar_DN 49s
    jurors hearing wafer tape where he says “i just somebody ….banging on my door” pros points out that he did not say anything about break in

  183. Dave says:

    Wafer’s 911 call being played.
    by Gina Damron 10:04 AM
    ↑ 0
    Wafer said the sound wasn’t a knocking, it was a pounding. “I don’t know what they wanted,” Wafer said.
    by Gina Damron 10:03 AM
    ↑ 0
    Siringas asked Wafer if it’s a shorter distance if he were walking from his front door to his side door than someone outside walking from the front door to the side door. He said it’s maybe the same distance.
    by Gina Damron 10:03 AM
    ↑ 0

  184. oralandar brand-wms ‏@oralandar_DN 34s
    wafer to pros: “there was no knocking..that was a pounding”

  185. oralandar brand-wms ‏@oralandar_DN 1m
    pros asks wafer if he ever told police about banging at back door..he says no

  186. ay2z says:

    “Wafer said the noise made him mad.”

    Hope the prosecutor be able to change his sad, sorrowful, soft voice act to reveal more of his anger that night.

  187. oralandar brand-wms ‏@oralandar_DN 2m
    siringas going over diagram of layout of wafer home with him

  188. oralandar brand-wms ‏@oralandar_DN 2m
    pros asks wafer about him not telling police during ques that nov. 2 morning that there was pounding on side/back door and only one person

  189. oralandar brand-wms ‏@oralandar_DN 1m
    pros asks wafer about him not telling police during ques that nov. 2 morning that there was pounding on side/back door and only one person

  190. oralandar brand-wms ‏@oralandar_DN 2m
    siringas to wafer: “(You never went to your jean pocket (to get your cell fone) until after you shot renisha mcbride right sir??”

  191. Dave says:

    Wafer said he told police the noise moved from the side to the front. He said he told police he saw one figure leaving his porch.
    by Gina Damron 9:52 AM
    ↑ 0
    “I don’t know who was out there pounding on my door,” Wafer testified.
    by Gina Damron 9:51 AM
    ↑ 0

  192. oralandar brand-wms ‏@oralandar_DN 6m
    siringas points out that he didn’t tell police that he cldn’t find phone :”i had regrets about not calling them and not finding my phone>”

  193. oralandar brand-wms ‏@oralandar_DN 6m
    wafer says he’s only heard video tape of police ques after shooting once sine nov. 2..before he heard in court

  194. Dave says:

    Wafer said the entire episode took a minute or two.
    by Gina Damron 9:51 AM
    ↑ 0
    Siringas questioned Wafer about why he didn’t look in his jean pocket, where he kept his phone, before the shooting. Wafer said that when he’s home, he takes the phone out of his pocket.
    by Gina Damron 9:50 AM
    ↑ 0
    Sorry, had a little technical difficulty. To catch up, in the video and transcript of Wafer’s interview with police, he said: “I should have called you guys first.”
    by Gina Damron 9:49 AM
    ↑ 0

  195. Dave says:

    In the video, Wafer told police that after the shooting he went right to the phone.
    by Gina Damron 9:44 AM
    ↑ 0

    Wafer testified that he thought he had told police he couldn’t find his phone.
    by Gina Damron 9:43 AM
    ↑ 0
    Wafer said he went to look for his phone after that.
    by Gina Damron 9:42 AM
    ↑ 0

  196. Dave says:

    Wafer testified that he left his shotgun by the front door and left the front door open.
    by Gina Damron 9:41 AM
    ↑ 0
    Wafer said he didn’t change anything about how the front entry looked prior to calling police.
    by Gina Damron 9:41 AM
    ↑ 0
    Assistant Prosecutor Athina Siringas is cross examining Wafer.
    by Gina Damron 9:40 AM
    ↑ 0
    Jurors just brought into court.
    by Gina Damron 9:38 AM
    ↑ 0
    There was discussion over an error in a transcript with a video of Wafer talking to police. The video was shown to jurors yesterday. The transcript of Wafer’s interview had said that McBride jumped backward, but it should have said “fell” backward. The transcript has been corrected.

  197. oralandar brand-wms ‏@oralandar_DN 31s
    siringas asking wafer about his comments to police that he wishes he had called police first.

    • Malisha says:

      Exactly! He didn’t say, “OMG I wish I had found my phone,” rather than “I should’ve called you guys first.”

  198. oralandar brand-wms ‏@oralandar_DN 1m
    wafer says he went to find his phone after shooting.

  199. oralandar brand-wms ‏@oralandar_DN 2m
    cross exam begins : asst wayne co. pros. athina siringas doing the ques.

  200. oralandar brand-wms ‏@oralandar_DN 2m
    Wafer on stand now

  201. oralandar brand-wms ‏@oralandar_DN 2m
    trans. issue resolved…jury comes in

  202. oralandar brand-wms ‏@oralandar_DN 4m
    def atty says she will bring out the mistake in the transcript during re-direct. judge says she will tell jurors ct reporter made mistake

  203. oralandar brand-wms ‏@oralandar_DN 3m
    def atty “it’s not a miniscule point”

  204. oralandar brand-wms ‏@oralandar_DN 3m
    def had raised in earlier motion hrg’s to admiss. of the transcript into the trial

  205. oralandar brand-wms ‏@oralandar_DN 2m
    muscat: “we can fix” and def. can argue “she fell backwards.”

    • ay2z says:

      Does shot hitting someone push them backwards? That’s the movie scenario and probably a common perception, but even so, it’s possible that someone faced with a gun might automatically begin to move away or step backwards, by defensive instinct to avoid. If they could.

      • MDX says:

        Generally yes.

        One has to take into account the relationship of where the person is shot with respect the their body mass center. A head shot will create a large moment arm about the body mass center that will rotate the person hit back from the shooter. Conversely, a hit to the legs will rotate the body forward. A dead center body shot will move the body directly back.

        A way to visualize, is how a body reacts to a high tackle (clothesline), perfect tackle, or low tackle in football.

        Shotgun blasts can significantly move a body because the pellet mass does not penetrate through, thus all the kinetic energy gets applied to the body.

      • MKX says:

        Generally yes.

        And with shot, is more likely because a non-penetrating round will transfer all of its momentum to whoever is hit.

        The reaction of McBride’s body would be similar to a running back getting “clotheslined” in football – a very violent rotation backward.

        • Dave says:

          I disagree. A running back is a lot heavier than the ounce or so of lead contained in a shotshell. Ms. McBride’s brain was instantly destroyed and she would have just crumpled to the ground.

          • ay2z says:

            There was recent discussion somewhere about how a bullet does not transfer energy into the victim to knock them back as in the movies. It’s good dramatic movie making, but is it in reality, an urban (or old western flicks) myth?

  206. oralandar brand-wms ‏@oralandar_DN 2m
    asst pros pat muscat says pointing it out make it look like “we did something wrong” but judge says “you didn’t do anything wrong”

  207. oralandar brand-wms ‏@oralandar_DN 1m
    pros. objects saying transcript can correct on re-dirct..and that def. shld have raised mistake earlier.

  208. oralandar brand-wms ‏@oralandar_DN 43s
    says she found only case law on deposition..but of the opinion that if there is error “we might as well point it out to the jury”.

  209. oralandar brand-wms ‏@oralandar_DN 5s
    judge back on bench..

  210. oralandar brand-wms ‏@oralandar_DN 1m
    during her line of questioning of Wafer when she made references to his neighborhood “changing”

  211. oralandar brand-wms ‏@oralandar_DN 1m
    mcbride family atty gerald thurswell said today he and the family don’t believe shoot.was racial but feels def atty injected race monday.

  212. oralandar brand-wms ‏@oralandar_DN 1m
    during his testimony Monday Wafer said fell backwards..

  213. oralandar brand-wms ‏@oralandar_DN 2m
    judge going off bench to look at rule to see what it says regarding correc. ct transcripts that will be shown to jurors

  214. oralandar brand-wms ‏@oralandar_DN 1m
    pros athina siringas says she thought wafer also said “fell”..def atty says she wants to make sure jurors get corrected transcript..

  215. Defense has a disagreement with the transcript. Argument taking place outside the jury.

  216. girlp says:

    I’m hoping they destroy Wafer today

  217. oralandar brand-wms ‏@oralandar_DN 12s
    court in session in wafer trial

  218. J4TMinATL says:

    Morning!

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