Killers in the Family by Robert L. Snow

Author:Robert L. Snow
Language: eng
Format: epub
Publisher: Penguin Group, USA
Published: 2014-06-08T16:00:00+00:00

TEN

The first witness called to testify by the defense on November 9, 2009, would be Officer Brian Mack. He told the court that he worked for the Indianapolis Metropolitan Police Department, and that in July 2008 he worked on the same shift and district as Officer Fishburn.

“Did you lose your badge that night on Euclid Avenue?” the defense asked.

“Yes.”

“Was it returned to you by the defense attorney?”

“Yes.”

“Do you know how many rounds Officer Fishburn carried in his Glock Model 22?”

“Sixteen.”

The defense then turned Officer Mack over to Mark Hollingsworth of the prosecution for cross-examination.

“Do you know how many rounds Fishburn carried in his Glock Model 22 on July 10, 2008?”

Officer Mack answered no, not positively, and then went on to explain that there were pluses and minuses to carrying sixteen rounds as compared to fifteen in a Model 22 (carrying sixteen will sometimes weaken the spring in the magazine), and that he and Fishburn had talked about it, and Fishburn said he felt better with sixteen.

When Hollingsworth finished, the judge excused Officer Mack, and the defense next called Dan Bailey to the witness stand. After being sworn in, Mr. Bailey told the court that he worked as a paralegal for the Public Defender’s Office. He told the court that he had been sent to the 800 block of North Euclid Avenue as an investigator for the Public Defender’s Office. He said he used a metal detector but didn’t find anything he would consider as evidence, only the police officer’s lost badge. He then talked about the crime scene and how he had been there at least a half dozen times.

“Did you find any bullet casings or bullet strikes not already found?” the defense asked him.

“No.”

The defense then turned him over to the prosecution for cross-examination, but the prosecution said it had no questions. The judge, however, told Mr. Bailey that the jury did have some questions.

“What area did you use the metal detector on?” one of the jurors had wanted to know.

“The area where Jason had been and the surrounding area.”

“Do you have any professional training in the use of metal detectors?”

“No.”

“Had you ever used a metal detector before?”

“No.”

Following these jury questions, the defense then asked to put into evidence a video taken in October 2009 of the 800 block of North Euclid Avenue. The State had no objection.

After Mr. Bailey stepped down from the witness box, the defense next called Detective Sergeant Jeff Breedlove to testify. The defense showed him a video of the 800 block of North Euclid Avenue and asked him to tell the court the significance of a piece of white tape that had been placed on a fence.

“It was where a shell casing had been located,” Breedlove answered.

The defense thanked him, and the judge, upon seeing that the prosecution had no cross-examination, told the defense to present its next witness.

The defense called Brian Reese to the witness stand.

Of course, it is always a gamble for a defense attorney to put a defendant on the stand—whatever benefits may come for the defense, the prosecution can do untold damage during cross-examination.

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