#TheodoreWafer: Closing arguments today

Wednesday, August 6, 2014

Goo morning:

Join us in the comments.

217 Responses to #TheodoreWafer: Closing arguments today

  1. ay2z says:

    correct link (not a playlist)

  2. ay2z says:

    In South Africa, it is now 5 AM, the prosecution and defense lawyers are likely readying for the final and said to be, most important stretch of the whole trial, the closing arguments that begin four hours from now. Apparently this will likely run it’s full two days, with not simply presentation of argument, but backing up what they say with legal sources. The judge will also play a role, expect that she will provide some guidance as to what to focus on, and clues to which way she is leaning, in questions she asks of the presenters.

    I found a primer for what to expect, courtesy of eNCAnews. (dated August 6, 2014)

  3. Dave says:

    Court is done for the day.
    by Gina Damron 4:00 PM
    The jury will be back tomorrow at 9 a.m.
    by Gina Damron 3:59 PM
    The jury has been brought back out.
    by Gina Damron 3:59 PM

    • Thanks for the update, Dave.

      You’re doing great work, my friend.

      • Dave says:

        Thanks Professor, for all of your fine work as well.

        And, of course, a hearty thanks and a tip o’ the hat to Gina Damron of the Detroit Free Press and to Oralandar Brand-Williams of the Detroit News. Great work, Ladies!

        • crustyolemothman says:

          Dave, You are doing a good job of reporting what Gena Damron is saying, especially having to wade thru all the hateful comments directed at the victim in this case… It would seem that some commenters there feel like TW should receive a reward for getting rid of just another one of those “it’s” that he talked about in the police interview…

          • Dave says:

            Thanks, but it’s not that hard. I just copy and paste everything that Ms. Damron posts except for a few things like her responses to comments and some introductory remarks. I adjust the settings so the readers’ comments don’t appear. (Too distracting.)

  4. crustyolemothman says:

    Professor, If you are not gone for the day, I have a question. If the plastic clips that held the screen in place on the storm door (note: this was a storm door and not simply a light weight screen door!) were damaged or had signs of having been knocked from their proper place, as was of so much importance to Mz. Carpenter, why would she not have entered them into evidence? That does not make sense, especially after she worked so hard to imply that Mz. McBride was hitting the storm door so hard that the screen insert simply fell out… Any guess as to why it was not entered into evidence?

    • I thought they were missing. They’re just little pieces of plastic easily dislodged and lost.

      My guess is she never had them and whatever she had wasn’t something she obtained. She couldn’t be a witness in the chain of custody.

      • crustyolemothman says:

        Do you have any idea how the screen on this storm door could have fallen “out”? The way these doors are made the screen inserts from the inside and it would seem to me that in order for it to fall “out” instead of “in” the frame of the screen would have to be damaged enough that it would be able to tell that someone “pulled” it out of position? Or did the screen actually fall in between the storm door and the house door?

      • J4TMinATL says:

        The clips were passed around to the jurors during the trial.

  5. crustyolemothman says:

    I wonder if a verdict is not reached tomorrow by 4:00 pm EDT if the judge will send them home until Monday morning? I suspect she will and we will not see a verdict until probably Tuesday….

    • Dave says:

      I doubt it.

      First of all, Judge Hathaway and the attorneys will all want to wrap the case up expeditiously so they can move on to other business.

      Secondly, the longer the jurors are out of the court house, the more likely they are to be contaminated by outside influences and the more their memories of the evidence will fade.

      Third, there’s the question of time lost from work.

      Anyway, I think we’ll have a verdict by late tomorrow afternoon even if the jury has to go into OT.

    • I believe the jury would continue to deliberate on Friday.

      Trials are held M-Th with Fridays off for the judge to handle other matters. She can handle other matters while the jury deliberates in the jury room.

  6. Dave says:

    I’m taking a break from the blog. I’ll start it back up in about an hour.
    by Gina Damron 12:46 PM
    The jury wants to see the shotgun, Judge Hathaway just said.
    by Gina Damron 12:34 PM
    They will be back at 1:30 p.m.
    by Gina Damron 12:33 PM
    The jury is being excused for lunch.
    by Gina Damron 12:33 PM

  7. ay2z says:

    Wafer handling gun like it was a toy.

    How many gun owners learn the ‘basics’ by play acting with other children, and when and how to draw the line between behaviour of a small child with a cap or water gun, to the interests in shooting at things as real targets, live or otherwise, by teenagers with next-level ‘toy’ guns that shoot projectiles, plastic bb’s?

    This is aside from gun attitudes and castle doctrine ‘rights’, just basics of responsible gun ownership, gun handling, loaded or not.

    If you haven’t listened to the gun owner’s point of view on this case over at Blackbutterfly, and can set the guy’s language aside, even he has his limits to tolerating behaviour of stupid acting gun owners like Wafer. He says enough is enough for the gun enthusiasts to back people who act irresponsibly, like Wafer.

    Blackbutterfly quote to introduce this video:

    “I don’t agree with this guy on everything, and I don’t like the ideologies associated with the symbols that he uses, but I honor him for presenting a balance. In other words, in spite of my disagreement on the symbols and some issues, he’s not a hypocrite.”

    http://blackbutterfly7.wordpress.com/2014/08/05/more-cross-exam-video-ted-wafer/

    Video on the page halfway down.

    • crustyolemothman says:

      It would seem that logic would dictate that TW had at least a fair amount of knowledge in the handling of guns, did you not catch that he modified the gun to accept the pistol stock, did you not catch him admit to having been a hunter (but not with this particular gun)? It was also his statement that he did not have a security system, well I am willing to provide him with several places where he could have bought a security system with camera’s for much less than he spent to by his Mossberg shotgun and probably less than he paid for the kayak he bought.. His man is as phony as a $3 bill, he was coached to show remorse on the stand, but showed absolutely none when questioned initially by the PD. He killed out of anger, anger that caused him to decide to kill who ever was at the porch that cold rainy morning even before opening the door to actually murder this young woman, IMO this wasn’t 2nd degree murder, it was actually premeditated 1st degree murder…

      • ay2z says:

        Yes, haven’t followed closely, but enough (and maybe not enough), to decide that this was pre-meditated, he was angry and reacted in anger to the ‘intrusion’, the ‘intrusion’ being his peaceful night on his recliner.

        He did not act responsibly and read into his rights, to not be a victim in his houwe as an override to the ‘responsible’ concept.

      • Malisha says:

        You know, I agree that it was premeditated. I think he was pissed and he was hung over, and he is a dissatisfied kind of person who believes he should have more and better than what he has, and he’s one of those chipped-shoulder types. I think he was mad about a neighbor “having to” take a gun to obnoxious kids and he was outraged about the paintballing of his precious vehicle and now somebody was pounding on his door and he was gonna take this opportunity to say: “I’m mad as Hell and I’m not gonna take it any more.” McBride became the victim of all his misplaced rage and resentment that all his life he ain’t been done right. And he wasn’t gonna “cower” in his own home. I hope he cowers in a jail cell for years to come.

        • ay2z says:

          That’s my impression. And irresponsible gun owner, until of course, putting it down and away from himself, for obvious self serving reasons re: police arrival.

          Waiting game now. A tune to pass the time for those keeping watch.

      • M1 is a stretch, I think, although it doesn’t take much time to premeditate. But he isn’t charged with that.
        M2 is a better description, but I think the jury will compromise on manslaughter.

        I don’t believe he ever felt remorse. He’s just sad about being caught up in this mess.

  8. I think they will have a verdict this afternoon.

  9. ay2z says:

    Interesting to know if the juror who reacted to the pros ‘handling’ of the gun by pointing it towards or at the jury, was an alternate or is deliberating.

    Thank you Fred and everyone for this morning’s closing arguments. Excellent work.

    Nice to see old friends here too, hey Faux!! TSTAS! and Dave, right on with the gun basics!!

  10. fauxmccoy says:

    so fred — the ‘norm’ is 1 hour of deliberation to 1 day of trial. possible to have a verdict today? probably tomorrow though.

    • Dave says:

      I agree.

      • fauxmccoy says:

        what did you think of closing statements? i’ll admit my bias, but the defense sure sounded desperate and that’s never good. it struck me that she now feels like she is fighting between manslaughter and M2, based on her jury instruction requests.

        • Dave says:

          I wish that I could have actually heard them both straight through. I don’t think that the Defense has much hope for an acquittal (although Carpenter sounded like they did). She’s definitely hedging her bets, implicitly inviting the jury to consider Manslaughter.

        • Patricia says:

          Hey faux, I think the prosecution established very strong ground evidence and testimony by wafer that it was unnecessary , unjustified, unreasonable. The jury will have to decide if it passes the “Piss and vinegar ” test , which I think is not lawful defence.

  11. Dave says:

    The jury is deliberating now

    • crustyolemothman says:

      Dave, Did you notice that many of the things that you and I discussed came into play in this case? Some of the things that we discussed were before the information was actually freely available came to be relatively accurate, such as the angle of the shot, the way he was holding the weapon and especially the distance the shotgun was from the victim. Do you suppose they were following us as we were following them? I did especially like it when TW discredited his own defense experts when he stated he shot from about two feet or so from the victim… Whoops, did his attorney forget to tell him not to discredit his own witness?

      • Dave says:

        I doubt whether Wafer accurately remembers what happened.

        I was surprised when he said that he was holding the shotgun by the pistol grip in his left hand with the barrel pointing downward. He opened the inner door with his right hand. Then, supposedly in reaction to a sudden movement, he raised the muzzle upward (probably holding the pistol grip near his left hip) and reflexively jerked the trigger.

        I tend to believe most of this and, if true, it amounts to a confession to manslaughter.

        If the muzzle of the gun was 6 inches from Ms McBride’s face, Wafer probably was standing about two feet from her.

        • crustyolemothman says:

          Isn’t it strange that is almost exactly how we outlined the shooting as having taken place? Even the distance was pretty close to what was suggested… If the alleged expert had actually measured the distance from the floor to the approx. height that TW held the weapon in the demo to the PD, I think he would have suddenly realized that the shotgun made the hole in the screen with the end of the barrel, probably as part of the recoil of the weapon and TW’s flowing adrenalin… Can you imagine the thoughts of his attorney when he admitted that his own expert witness was wrong on the distance of the shot? If I were to guess the shot was from between three and four feet, partly based on his statement that she seemed to turn back around, looks like she might have still been on the step and that is not over three feet from the door.

        • You could be right. I think it’s a M2, but I think the jury will compromise at manslaughter.

  12. Dave says:

    The two alternate jurors have been chosen. They will not deliberate, but are not excused from service in case they have to be called back.
    by Gina Damron 11:43 AM

  13. oralandar brand-wms ‏@oralandar_DN 18s
    two white women women leave from jury pool…the jury deliberating includes four african americans

  14. Looks like they’ve finished closing arguments.

    Now we wait.

  15. Dave says:

    Two alternate jurors have to be chosen.
    by Gina Damron 11:40 AM

  16. oralandar brand-wms ‏@oralandar_DN 25s
    judge giving jury final instructions before they begin deliberations

  17. oralandar brand-wms ‏@oralandar_DN 10s
    pros says shooting not justified and renisha mcbride dead cause she had misfortune of showing up on wafer’s porch that morning.

  18. Dave says:

    Siringas has finished.
    by Gina Damron 11:38 AM

  19. Dave says:

    Siringas said McBride is dead because she maybe had the misfortune to be confused about where she was. She had the misfortune to walk on Wafer’s porch, Siringas said.
    by Gina Damron 11:37 AM

  20. oralandar brand-wms ‏@oralandar_DN 1m
    pros: is that what our soc. has come to when we shoot unarmed teenagers on our porch we didn’t know was looking for help

  21. oralandar brand-wms ‏@oralandar_DN 1m
    pros: We met our burden,there is no self defense here. Where’s the fear?”. says def. turned to self defen after accident def wldn’t work

  22. Dave says:

    Siringas questioned how much time Wafer took to look for his phone.
    by Gina Damron 11:34 AM

  23. oralandar brand-wms ‏@oralandar_DN 4m
    pros: “he said on stand. I pulled the trigger intentionally.”

  24. oralandar brand-wms ‏@oralandar_DN 4m
    Pros: “The nerve” of bringing dr. sweet into this. Wafer not under attack by armed citzen…

  25. Dave says:

    “He’s just a typical defendant trying to protect himself,” Siringas said.
    by Gina Damron 11:32 AM

  26. Dave says:

    Siringas said the self defense came after it was clear that the gun wouldn’t go off accidentally.
    by Gina Damron 11:31 AM

  27. Dave says:

    Siringas said Wafer decided to be the judge, jury and executioner.
    by Gina Damron 11:28 AM

  28. Dave says:

    Siringas said the only thing that happened to Wafer is someone woke him up from his sleep.
    by Gina Damron 11:27 AM

  29. oralandar brand-wms ‏@oralandar_DN 22s
    pros: “the nerve of bringing dr. sweet into this.”

    • I was offended by that, too.

      • Malisha says:

        RIGHT! If you want to talk about an analog to a case where somebody is injured and looks for help, and there is danger in the neighborhood, and there are frightful things happening and people are being victimized and someone else reacts to that, you have only to look at the Charles Ramsey case — the man who SAVED young women from Ariel Castro, who had victimized those women IN HIS OWN HOME which was HIS CASTLE!!!!

        • Patricia says:

          Malisha, Right!!! Love Charles Ramsey he recently published a book called “Dead Giveaway “. Washington Post wrote an ariticle on May 14, 2014.

  30. oralandar brand-wms ‏@oralandar_DN 35s
    pros: wafer was hoping it cld get away with “accident scenario” and that’s why it’s a lie..says MSP expert wit gun doesn’t go off accident.

  31. Dave says:

    Siringas said the gun doesn’t discharge unless someone pulls that trigger.
    by Gina Damron 11:24 AM

    Siringas said one of the first things they asked MSP to do is ask if the gun could go off accidentally.
    by Gina Damron 11:24 AM

  32. oralandar brand-wms ‏@oralandar_DN 2m
    asks jurors to send Ted home. and find him not guilty. pros athina siringas doing rebuttal ..tells jurors they can’t get in wafer’s head

  33. oralandar brand-wms ‏@oralandar_DN 3m
    defense referred to 1925 murder trial of dr. ossian sweet who shot in self defense to defend against white mob in detroit. defen. closingovr

  34. Dave says:

    Siringas said that when Wafer was talking to law enforcement, he was hoping he could get away with the accident scenario.
    by Gina Damron 11:23 AM

  35. Dave says:

    Siringas said that maybe people who don;t know how to handle guns shouldn’t handle guns.
    by Gina Damron 11:23 AM

  36. Dave says:

    Siringas said Wafer’s actions were confrontational.
    by Gina Damron 11:21 AM
    Siringas said Wafer’s actions speak louder than words.
    by Gina Damron 11:21 AM

  37. Dave says:

    Siringas said this case is no different than a typical murder case.
    by Gina Damron 11:20 AM
    Siringas said she’s the head of the homicide unit.
    by Gina Damron 11:19 AM

  38. Dave says:

    Carpenter finished. Assistant Prosecutor Athina Siringas is up talking. She’s handling rebuttal for the prosecution.
    by Gina Damron 11:19 AM
    “I ask you all to send Ted home. Find him not guilty on everything,” Carpenter said.
    by Gina Damron 11:18 AM

  39. oralandar brand-wms ‏@oralandar_DN 49s
    defense to her team of lawyers: “thank you team..”

  40. oralandar brand-wms ‏@oralandar_DN 58s
    defense: ted likes the police and they failed him

  41. oralandar brand-wms ‏@oralandar_DN 58s
    defense shows jurors pics of a vigil for mcbride by her family at wafer home to address her concerns over poss. contam. of crime scene

  42. Dave says:

    Carpenter said the print on the air conditioning unit, which she said appeared to be a footprint, should have been collected.
    by Gina Damron 11:14 AM

  43. oralandar brand-wms ‏@oralandar_DN 32s
    defense: we cldn’t have asked for a better jury. thank you from the bottom of my heart

  44. oralandar brand-wms ‏@oralandar_DN 40s
    defense:He cares. He thinks about Renisha every day he wishes it never happened but he acted and fired in self defense

  45. Dave says:

    Carpenter said the incident haunts him. She said Wafer wishes it had never happened.
    by Gina Damron 11:09 AM

  46. oralandar brand-wms ‏@oralandar_DN 51s
    defense: he didn’t call 911 because he cldn’t find his cell phone.

  47. oralandar brand-wms ‏@oralandar_DN 1m
    defense: I hate guns but i love the law(mi self defense law changed in 2006)

  48. oralandar brand-wms ‏@oralandar_DN 48s
    defense: He’s not a gun nut. He’s not an angry person. He’s not paranoid. He did it in the heat of that moment. He was in terror.

  49. Dave says:

    Carpenter said the law says what Wafer did was reasonable, honest and he’s not guilty.
    by Gina Damron 11:05 AM

  50. Dave says:

    Carpenter said that she hates guns. She said this case was the first case in which she ever shot a gun.
    by Gina Damron 11:04 AM

  51. oralandar brand-wms ‏@oralandar_DN 1m
    defense: (the prosecution.)didn’t bring anything to you. There is no way they can disprove this was self-defense. None.

  52. Dave says:

    Carpenter again brought up the incident in which an assistant prosecutor swept the shotgun in the direction of the jury on Tuesday. She said another assistant prosecutor racked the gun several times yesterday. Carpenter said the gun is scary.
    by Gina Damron 11:02 AM

  53. oralandar brand-wms ‏@oralandar_DN 1m
    defense: (Wafer) is not guilty cause (the prosecution) did not disprove self defense.

  54. Dave says:

    Why bring an unloaded shotgun to the door, Carpenter asked.
    by Gina Damron 11:01 AM

  55. oralandar brand-wms ‏@oralandar_DN 1m
    defense: (the pros.)didn’t bring anything to you. There is no way they can disapprove this was self-defense. None.

  56. Dave says:

    “He’s not guilty because they did not disprove self defense,” Carpenter said.
    by Gina Damron 11:00 AM

  57. oralandar brand-wms ‏@oralandar_DN 3m
    defense: There’s pounding and pounding..it’s reasonable that you are in fear for your life

  58. oralandar brand-wms ‏@oralandar_DN 2m
    defense:This man is acting and reacting to get awakened that morning. Are you going to sit in your home and wait?

  59. Dave says:

    Carpenter said prosecutors have to prove there was no self defense.
    by Gina Damron 10:57 AM

    • Patricia says:

      Oooooh, peepholes prove self defence? Crack attack? Come on Ted you said that you could see from your porch to the end of your side walk and identify dark shadows jumping on your porch putting you in fear for your life behind closed doors….like you I just don’t understand !!!

  60. Dave says:

    Carpenter said the peephole was cracked.
    by Gina Damron 10:55 AM

  61. Dave says:

    Carpenter said Wafer’s screen door is broken and McBride did it.
    by Gina Damron 10:54 AM

  62. Dave says:

    Wafer believed there were multiple intruders, Carpenter said. She said the banging was on the front and side doors.
    by Gina Damron 10:53 AM

  63. Dave says:

    Carpenter said Wafer heard violent pounding. An image of a home is being shown. On the house it says “FEAR.”
    by Gina Damron 10:52 AM

  64. oralandar brand-wms ‏@oralandar_DN 1m
    defense:ted was getting attacked…attacked

  65. oralandar brand-wms ‏@oralandar_DN 25s
    defense: race not an issue in mcbride case.says wafer did not know race of mcbride and he lives in mixed neighborhood

  66. Dave says:

    Carpenter said Wafer armed himself. “He was getting attacked,” she said.
    by Gina Damron 10:50 AM
    Carpenter said who has heard the Detroit police chief telling people to arm themselves.
    by Gina Damron 10:50 AM

  67. Dave says:

    Carpenter said wafer is the “farthest thing you can get from a racist.”
    by Gina Damron 10:49 AM

  68. oralandar brand-wms ‏@oralandar_DN 39s
    defense says dbrn heights police “turned a blind eye” to some key evidence in the case during inves.

  69. Dave says:

    Carpenter said it’s not a race issue. “Ted didn’t know who this was,” she said.
    by Gina Damron 10:48 AM

  70. oralandar brand-wms ‏@oralandar_DN 56s
    defense: wafer is a rule follower..that night he didn’t do anything wrong. He’s protected by the law of self defense clear and simple

  71. Dave says:

    Carpenter said police didn’t do their jobs and then argued there was no evidence of a break in.
    by Gina Damron 10:48 AM

  72. Dave says:

    Carpenter said the officer in charge of the case could have found out what McBride was doing between 1-4:30 a.m. She said no one listened to McBride’s voicemails.
    by Gina Damron 10:47 AM

  73. oralandar brand-wms ‏@oralandar_DN 1m
    defense: “I’m not blaming renisha but alcohol is what caused all of this. Shows timeline of renisha’s last hours and wafer’s

  74. Dave says:

    Carpenter is going through the timeline of events. She said McBride was drinking and smoking marijuana with her friend at about 8 p.m. Her friend left at about 9:30 p.m. after an argument. At 8 p.m. Wafer was eating a sandwich and at 9:30 p.m. he went to sleep, Carpenter said.

    At 10:45 p.m., McBride’s mom arrives home; Wafer was asleep, Carpenter said.

    At 11 p.m.: McBride left her home; Wafer woke up and went to the bathroom, Carpenter said.

    At about 1 a.m.: McBride was in a car accident; Wafer was asleep, Carpenter said.
    by Gina Damron 10:46 AM

  75. oralandar brand-wms ‏@oralandar_DN 3m
    defense: “this case is about renisha despite what the prosecutors think..”

  76. Dave says:

    Carpenter said that from 1-4:30 a.m., they have no idea what McBride was doing.
    by Gina Damron 10:44 AM

  77. Dave says:

    Carpenter is going through the timeline of events. She said McBride was drinking and smoking marijuana with her friend at about 8 p.m. Her friend left at about 9:30 p.m. after an argument. At 8 p.m. Wafer was eating a sandwich and at 9:30 p.m. he went to sleep, Carpenter said.
    by Gina Damron 10:44 AM

  78. Dave says:

    Carpenter said she’s not blaming McBride, but said alcohol is what caused all of this.
    by Gina Damron 10:43 AM

  79. oralandar brand-wms ‏@oralandar_DN 40s
    defense: “She was coming from the side at mr. wafer… Mr.wafer was terrorized in his own home.”

  80. Dave says:

    Carpenter said it was between one and three minutes that Wafer was terrorized.
    by Gina Damron 10:40 AM

  81. Dave says:

    Carpenter said the threat was not more than two feet away, lunging from the side. Carpenter said McBride was coming from the side at Mr. Wafer.
    by Gina Damron 10:39 AM

  82. oralandar brand-wms ‏@oralandar_DN 33s
    def atty: What evid did they give you the shot gun blast caused that (damage to screen door)…zero!!!

  83. Dave says:

    Carpenter said Balash is untarnished. She said she can’t believe the prosecution said Balash was not credible.
    by Gina Damron 10:38 AM

  84. oralandar brand-wms ‏@oralandar_DN 13s
    def atty quoting wafer: i thought there were coming in..(the shooting) was not my first..(he grabbed bat).i tried to play dead

  85. Dave says:

    Carpenter said the burden is on the prosecutors to disprove self defense.
    by Gina Damron 10:36 AM

  86. oralandar brand-wms ‏@oralandar_DN 1m
    def atty: the law of self def is the ultimate protect for everyone of us. For me, for you..This is what we need to concen. on..

  87. Dave says:

    Carpenter, sitting on the witness stand, said Wafer told the truth on Tuesday. “He was honest and reasonable.”
    by Gina Damron 10:34 AM

  88. oralandar brand-wms ‏@oralandar_DN 1m
    def atty going over self defense law w/jurors..the screen door also brought into court for def atty’s closing arguments

  89. Dave says:

    Carpenter said the law of self defense is the ultimate protection for every single one of us.
    by Gina Damron 10:32 AM

  90. oralandar brand-wms ‏@oralandar_DN 54s
    def atty cheryl carpenter: the law of self defen so simple, so easy and not complicated at all.

  91. oralandar brand-wms ‏@oralandar_DN 32s
    def opening now..”they were coming for him..” about incidents leading up to shooting

  92. Now we’ll hear from the defense.

  93. Dave says:

    Carpenter said Wafer was being cross examined for two hours by the prosecution. “He was honest,” she siad.
    by Gina Damron 10:29 AM
    Cheryl Carpenter, Wafer’s attorney, is giving her closing argument now.
    by Gina Damron 10:28 AM

  94. oralandar brand-wms ‏@oralandar_DN 7s
    pros says look at evid in case and deliver justice..”.justice for renisha mcbride”

  95. Dave says:

    Muscat said Wafer’s actions were “unnecessary, unjustified and unreasonable.”
    by Gina Damron 10:28 AM

  96. Dave says:

    Muscat said the evidence points to one thing: Wafer is guilty of second-degree murder, manslaughter and felony firearm.
    by Gina Damron 10:27 AM

  97. oralandar brand-wms ‏@oralandar_DN 32s
    pros:He shot through a locked door. He shot an unarmed teen.

  98. Dave says:

    “Who leaves your own item of defense on the ground,” Muscat said of Wafer leaving the shotgun near the open front door after the shooting.
    by Gina Damron 10:25 AM

  99. Dave says:

    “He had other options,” Muscat said.
    by Gina Damron 10:25 AM

  100. Dave says:

    Muscat said Wafer showed no remorse in his interview with police.
    by Gina Damron 10:24 AM

  101. oralandar brand-wms ‏@oralandar_DN 14s
    pros: The law only excuses the taking of another person’s life in extreme cases..it wasn’t met in this case.

  102. Dave says:

    Muscat said that if you go and pick up an unloaded weapon, there’s no more self defense.
    by Gina Damron 10:23 AM
    Muscat said Wafer testified that he thought the gun was unloaded.
    by Gina Damron 10:22 AM

  103. Dave says:

    Muscat said the law on excuses the taking of another person’s live in the most extreme situations.
    by Gina Damron 10:21 AM

  104. Dave says:

    Muscat said that the defense’s firearms expert in this case is not credible. That expert was retired Michigan State Police Lt. David Balash.
    by Gina Damron 10:20 AM

  105. oralandar brand-wms ‏@oralandar_DN 33s
    pros: she was unarmed, injured and looking for help (of McBride). says what wafer did was not neces. “he had other options.”

  106. Dave says:

    Muscat said Wafer engages and “creates the confrontation.”
    by Gina Damron 10:19 AM

  107. Dave says:

    “It was reckless, it was negligent,” Muscat said.
    by Gina Damron 10:18 AM
    Muscat said that what Wafer did had to be immediately necessary and it wasn’t. “He had many other options,” Muscat said.
    by Gina Damron 10:18 AM

    “She was a young girl, looking for help,” Muscat said.
    by Gina Damron 10:18 AM

  108. Dave says:

    Muscat said McBride was not armed.
    by Gina Damron 10:17 AM

    Muscat said there is no evidence McBride was armed.
    by Gina Damron 10:17 AM

  109. Dave says:

    At the time you use deadly force you have to reasonably believe you were facing death or great bodily harm, Muscat said.
    by Gina Damron 10:16 AM

  110. oralandar brand-wms ‏@oralandar_DN 51s
    in instruct. jurors on exculpatory statements, pros tells them they can find him guiltyin the case if they believe he was lying

  111. Dave says:

    Muscat is said a false exculpatory statement equals evidence of guilt.
    by Gina Damron 10:14 AM

  112. oralandar brand-wms ‏@oralandar_DN 22s
    pros says wafer has no credibility and that he manipulated the facts in the case when he testified

  113. Dave says:

    Does Wafer have any reason to lie in this case, Muscat asked. “How about trying to safe his own skin?” Muscat asked.
    by Gina Damron 10:12 AM

  114. Dave says:

    Muscat said there were certain “buzz words” Wafer wanted to get out to the jury.
    by Gina Damron 10:12 AM

  115. Dave says:

    Muscat said Wafer’s credibility is lacking.
    by Gina Damron 10:11 AM

  116. oralandar brand-wms ‏@oralandar_DN 33s
    pros says wafer knew of danger when he raised his gun and pulled the trigger

  117. Dave says:

    Count 2 is manslaughter. The jury to decide whether he’s guilty or not guilty of manslaughter.
    by Gina Damron 10:10 AM

  118. Dave says:

    For count one, the jury can choose not guilt, guilty of second-degree murder or guilty of involuntary manslaughter.
    by Gina Damron 10:09 AM

  119. Dave says:

    Muscat said the jury can consider the lesser offense to count one of involuntary manslaughter.
    by Gina Damron 10:07 AM
    “Mr. Wafer pointed that gun at point blank range,” Muscat said. An image of Wafer from his police interview was shown. It showed him demonstrating to police how he was holding the gun.
    by Gina Damron 10:07 AM

  120. oralandar brand-wms ‏@oralandar_DN 1m
    pros says police have said wafer home “buttoned” up so there was no threat of mcbride coming into his home

  121. Dave says:

    Muscat said there was no damage to the steel door and locks.
    by Gina Damron 10:05 AM

  122. oralandar brand-wms ‏@oralandar_DN 24s
    pros says wafer, waffled, but told jury in testimony that he raised his gun and pulled trigger.

  123. oralandar brand-wms ‏@oralandar_DN 51s
    pros says wafer has not established great defense for self defense and that he handled his gun like a toy and as a result a 19 yr old is dead

  124. Dave says:

    Muscat said the gun is a dangerous weapon and Wafer handled it like a toy.
    by Gina Damron 10:02 AM

    Muscat is now talking about state of mind.
    by Gina Damron 10:02 AM

  125. Dave says:

    The elements of second-degree murder are that Wafer caused McBride’s death with one of these three states of mind: he intended to kill and/or intended to commit great bodily harm and or knowingly created a very high risk of death or great bodily harm knowing that death or great bodily harm would be the likely result of his actions.
    by Gina Damron 9:59 AM

  126. Dave says:

    McBride said that, whether it’s loaded or not, picking up a weapon that you don’t clear first, releasing the safety, pointing at another person creates a very high risk of death or great bodily harm.
    by Gina Damron 9:57 AM
    Muscat is going through the elements of second-degree murder.
    by Gina Damron 9:56 AM

    morning, maybe not worth bringing up but since pros. speculated that she may have been sleeping in the hours between accident and shooting – def. should make it clear BAC could not be what it was unless she continued drinking
    by Willis 9:56 AM
    Muscat said it’s not a fact in evidence in this case that there was knocking or banging. Muscat said whether the screen was dislodged before the incident is unknown.
    by Gina Damron 9:54 AM
    The 911 call from the woman whose husband’s parked car was struck by McBride is being played.
    by Gina Damron 9:51 AM

    • Nef05 says:

      Muscat said it’s not a fact in evidence in this case that there was knocking or banging.

      Very good. I’m glad they stressed this point. I believe he made up the whole windows rattling, floor vibrating “pounding”, to hype up his whole he was terrified she was going to break in defense. I don’t think it ever happened. Clearly she knocked. But, I think he blew it all out of proportion to what it was – a regular knock.

  127. Dave says:

    Muscat said there is no evidence Wafer was going to get hurt.
    by Gina Damron 9:49 AM
    “There is no evidence of fear,” Muscat said.
    by Gina Damron 9:49 AM
    Muscat said Wafer said the gun went off by accident. When the police arrived they talked to Wafer, Muscat said. He said Wafer described the noise as a consistent knocking.
    by Gina Damron 9:48 AM

    “He found his phone right away,” Muscat said, after playing a portion of Wafer’s 911 call.
    by Gina Damron 9:48 AM
    “He shot her through a locked door,” Muscat said.
    by Gina Damron 9:47 AM
    “He wanted to show the shotgun, he opened the door a bit, then he opened it all the way,” Muscat said. Wafer then raised the gun and shot and killed McBride.
    by Gina Damron 9:47 AM

  128. Dave says:

    Muscat said that, after he killed McBride, Wafer found his cell phone instantly. Wafer had said he couldn’t find his phone before getting his shotgun and opening the front door.
    by Gina Damron 9:46 AM
    “What he finds is a 19 year old unarmed teenager, wet, probably cold, scared, disoriented, possible closed head injury … looking for help,” Muscat said.
    by Gina Damron 9:45 AM

    Muscat said why? Because some kids paint balled his vehicle. “He wanted a confrontation,” Muscat said.
    by Gina Damron 9:43 AM
    Video of Wafer’s interview with police shown.
    by Gina Damron 9:42 AM

  129. Dave says:

    Video of Wafer’s interview with police shown.
    by Gina Damron 9:42 AM
    “He was angry and he was full of piss and vinegar,” Muscat said.
    by Gina Damron 9:42 AM
    “He heard knocks and he was mad,” Muscat said.
    by Gina Damron 9:41 AM
    He said Wafer got his gun, released the safety, pointed it at McBride, pulled the trigger and “blew her face off.”
    by Gina Damron 9:41 AM

    Muscat said Renisha McBride just wanted to go home.
    by Gina Damron 9:41 AM
    Assistant Wayne County Prosecutor Patrick Muscat is delivering

  130. girlp says:

    With the amount of alcohol she consumed she may have wandered off trying to go home and passed out somewhere

  131. oralandar brand-wms ‏@oralandar_DN 44s
    pros going over elements of second degree..overheard shown with elements of law on it

  132. oralandar brand-wms ‏@oralandar_DN 1m
    pros: wafer only person who says he heard knocking/banging..no evid of it..his testimony not worthy of belief

  133. oralandar brand-wms ‏@oralandar_DN 18s
    pros says in the three hours in btwn accident..she may have go to sleep and then awakened and started looking for help

  134. oralandar brand-wms ‏@oralandar_DN 25s
    pros: we know she was injured..bleeding..drunk (in accident) and she wanted to go home..she wanted to go home

  135. oralandar brand-wms ‏@oralandar_DN 47s
    hearing 911 call from accident..mcbride had earlier

  136. oralandar brand-wms ‏@oralandar_DN 18s
    pros: there is no evid of fear .no evid that he was going to get hurt. No evid anyone was in his homeby his own words/by his own actions

  137. fauxmccoy says:

    (angela corey should be taking notes.)

  138. oralandar brand-wms ‏@oralandar_DN 32s
    muscat:”she’s not here to tell you what happened that night because of his actions.” the police interog. video is played/evid pics shown

  139. oralandar brand-wms ‏@oralandar_DN 1m
    raised up his shotgun and shoots mcbride in the face

  140. oralandar brand-wms ‏@oralandar_DN 55s
    muscat says wafer angry, “full of piss and vinegar” over kids paintballed his vehicle ..he finds unarmed teenager ..

  141. fauxmccoy says:

    i do believe we have a real trial this time.

  142. Michael Skolnik ‏@MichaelSkolnik 16s
    “Renisha McBride just wanted to go home, but she ended up in the morgue.”

  143. oralandar brand-wms ‏@oralandar_DN 1m
    prosecutor pat muscat begins closing statements starting with “she wanted to go home..she just wanted to go home..”

  144. oralandar brand-wms ‏@oralandar_DN 38s
    def atty says “i’m never going to say she was inside mr wafer’s house. she wasn’t”..jury comes in now

  145. oralandar brand-wms ‏@oralandar_DN 56s
    def atty says as an atty she follows the law and wants to make sure it’s okay to make her arguments

  146. oralandar brand-wms ‏@oralandar_DN 33s
    judge tells def atty she will stop her if she infers. that mcbride was breaking into wafer’s porch cause she was on his porch

  147. oralandar brand-wms ‏@oralandar_DN 48s
    judge says you still need an attack for no duty to retreat (michigan self defense law)

  148. oralandar brand-wms ‏@oralandar_DN 1m
    judge says there was no attack. pros. says def is going to infer there and that law contrary to that

    • Malisha says:

      Judge says there was no attack.
      Thank god judges somewhere can figure SOMETHING out.
      Of course, there was an attack ON McBride. But not BY her.

      • Patricia says:

        Malisha, “judge says there was no attack.” Reasonable doubt ?

        No evidence to support, unjustified? Wafer testified that no one crossed his threshold physically, unjustified by law. Prosecution brings it home!

  149. oralandar brand-wms ‏@oralandar_DN 53s
    judge says she has not given jury instructions in relation to breaking and entering. the whole issue is whether someone was attack. in home

  150. oralandar brand-wms ‏@oralandar_DN 17s
    pros: says def.going to argue mcbride “broke” the house cause she was on wafer’s porch..pros objects saying def gonna argue it for self.def.

  151. oralandar brand-wms ‏@oralandar_DN 1m
    def atty wants to tell jurors during closing that mcbride broke wafer’s home cause she was on porch. pros objects

  152. oralandar brand-wms ‏@oralandar_DN 1m
    judge gonna allow pros muscat to use shotgun for closing arguments. says she’s going to “hold” him to his promise to safely handle shotgun

  153. oralandar brand-wms ‏@oralandar_DN 2m
    pros athina siringas: “they want to sanitize this case””..about judge saying for shotgun not to be shown during closing arguments..

  154. oralandar brand-wms ‏@oralandar_DN 1m
    def atty: “i know juror # 9 was horrified (about pros handling of shotgun during cross tuesday)..”

  155. oralandar brand-wms ‏@oralandar_DN 1m
    muscat: ..”nope..nope..you cannot restrict us in that way (from demon. with the shotgun) during closing arguments

  156. oralandar brand-wms ‏@oralandar_DN 1m
    pros: “is she (def atty) really concerned about making the jury form as clear as poss.??”

  157. oralandar brand-wms ‏@oralandar_DN 2m
    def atty: “I’m asking for three words..”

  158. oralandar brand-wms ‏@oralandar_DN 1m
    judge says she gen. doesn’t add addtl info. to jury form cause it can cause confusion

  159. oralandar brand-wms ‏@oralandar_DN 1m
    pros says the def atty doesn’t need to add extra wording that will “confuse” the jury

  160. Elisha Anderson ‏@elishaanderson 1m
    Closing arguments in Theodore Wafer’s trial begin soon in Detroit. @ginadamron will be blogging at http://freep.com #Wafer #McBride

  161. oralandar brand-wms ‏@oralandar_DN 1m
    muscat says jury form not confusing and it’s too late for the def to start adding other wording for elements… of the crime

  162. oralandar brand-wms ‏@oralandar_DN 1m
    muscat says “aiming” not part of crime..it’s pointing, he says

  163. oralandar brand-wms ‏@oralandar_DN 1m
    def atty and pros still going over what instructions jury shld get..def atty wants the word “aim” in there ..pros objects..jurors not in ct

  164. fauxmccoy says:

    good morning folks — super sleepy here in CA. i’m hoping to read what we can of closing statements then get in some sleep finally. thanks to those retweeting today.

  165. oralandar brand-wms ‏@oralandar_DN 25s
    that morning ..so judge will allow it..muscat will do first part of closing for pros. and pros athina siringas will do rest and rebuttal

  166. oralandar brand-wms ‏@oralandar_DN 32s
    pros pat muscat arguing now the defense brought it up

  167. Dave says:

    No feed yet from Gina Damron at the Detroit Free Press

  168. oralandar brand-wms ‏@oralandar_DN 18s
    motion from def atty to strike from record that renisha mcbride looking for help that nov. 2 morning. doesn’t want pros to mention inclosing

  169. oralandar brand-wms ‏@oralandar_DN 2m
    judge dana hathaway on bench

  170. oralandar brand-wms ‏@oralandar_DN 3m
    awaiting start of court in wafer trial…one more juror to come in

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