Detroit Front Porch Shooting Case: Day 4 End-of-Day Wrap-Up
Posted by Andrew Branca,Tuesday, July 29, 2014

Well, things finally got engaging in the second degree murder trial of Theodor Wafer, charged with unlawfully killing 19-year-old Renisha McBride on his Detroit front porch in the early morning hours of November 2, 2013.

Of key importance was the playing in court–but outside the hearing of the jury–of audio recovered from police recording units at the scene, apparently from personally-worn recording devices of the officers present.

Numerous witnesses have testified over the course of the trial that a mere $56 dollars had been recovered from Renisha’s body. On the audio recording, however, police officers can be heard noting that a $100 bill had been found on her person, leading to one officer responding “No kidding?” This in turn led to a discussion on the officers’ part as to whether McBride had been working as a prostitute and had been seeking to collect money owed.

Later in the trial Detective Gurka testified at length about how he had early on began looking for any signs that there may have been a get together at Wager’s house, such as a pair of drinking glasses or a pizza box, suggesting that he may have been thinking along the lines of the other officers.

There was also audio recorded of at least one officer mentioning that he’d “stepped in some,” presumably blood or brain tissue evidence at the scene.

All of this occurred near the end of the court day, and gave the Judge by her own admission plenty to think about. I imagine the Prosecution, as well, and I’d expect some healthy debate when court opens again in the morning, before the jury is brought back in.

...more at link
http://nblo.gs/YNmC3

_________________
Do not go gentle into that good night.
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WELLLL what did I miss

This goes directly to the point I was making about Cheryl Carpenter, as much as the Trayvon Worriers have been trying to portray her as inept and stupid she is now showing exactly why she is one of the premier Detroit area Criminal Defense Lawyers. You don't teach Trial Tactics at Gerry Spence's school and Cooley Law when you are not awesome at what you do.

I knew at some point she would start tearing the Police up before the Defense presentation. If this thing ends up in a mistrial, watch the Prosecutors Office quietly dismiss.

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I had to leave and go see my grandbabies before the court resumed from lunch. IIRC this happen in GZ case too, a conflict about Close Range vs Not Close Range.. Well this gun expert guy today said RM was shot at Close Range. Autopsy said NOT AT CLOSE RANGE. Hmm so how is that gonna play out with the jury. 2 Pros experts diff theory. And on the Amber chick, iirc, wasn't the reason why Carpenter wanted to see Bivens or whaterver the Inv name, notes.. Amber said she didn't say stuff that was in her report? This whole case is messed up. From the 911 on down. Did you notice that the 911 operator when asked by Def Attny about outgoing calls being recorded, dispatcher said "they are now". That blew me away lol Lil ol po dunk Mimi town has done that for YEARS!

And dang, the judge last 2 days lol has taken breaks and taken care of OTHER FREAKING CASES. I guess that shows they have too many court cases in that MI town. SMH. And 3 day weekends for the jury? guess that gives them a lot of time to catch up on the case. Dang I miss the Livestream lol . How many times have we said that Hugs... going to catch up now. Thanks for hearing me out.

Read Trial thread

TRIAL - Streaming links and live updates (NO DISCUSSION)
viewtopic.php?f=101&t=1289&start=220#p79580

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

I thought she was impressive during some of pre-trial stuff... perhaps a little nervous or seems so... but as you say a smart lawyer.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Dearborn Heights Det. Sgt. Stephen Gurka testifies 'maybe that's the person Wafer should have shot'

Defense asks Gurka about footprint on airconditioner, Gurka said he doesn't know when that was placed there. Carpenter said maybe there was a second person trying to gain access. Gurka said maybe that's the person Wafer should have shot.

...more at link
http://www.freep.com/videonetwork/3704575493001

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

So Chief cop Gurka just RECOMMENDED and endorsed shooting somebody outside your home that believe to be an intruder...

THAT is exactly what Wafer did!!

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

".....“I didn’t know about the $100 bill for two days," Gurka said. That money is back with family now......"

1) Why would they return a piece of evidence to the family before trial?

2) Or is he saying that someone with the investigation stole it and the family was reimbursed for the theft?

Either way it's WTF?!

"......monica mcbride on stand for pros. she says she gave renisha the $100 bill......"

Hold up now...

She previously stated that she was angry with her daughter, put her foot down, let her know she was being serious that night, and told her not to move the car ... now she's saying she gave her $100???

".....under ques by def atty Dr. Kesha is asked why he's not board certified....."

sigh

"Kesha says he plans to take board exam. he's just been too busy with young baby at home..."

I'm betting if they check with the state board, he's probably taken the test multiple times and failed. Not to mention he looks to be in his 50's maybe, so a new baby doesn't explain why he hadn't taken the exam in the decade(s) prior to his being "too busy."

Did I read that right? the state rested? Really? They didn't prove J-walking much less murder 2.

Hmmmm this case reminds me of another case where the prosecution couldn't prove their case either. At least the prosecution in this case didn't scream "Fu$king Punks" and "Azzholes" ad nauseum.

Interesting... just realized that we have seen not one single picture with an evidence marker in it?

Just a handful of random haphazard pictures taken of a chair, a gun, a body, a box of shells, a door, etc... and at least two of those were staged photos after the scene had been altered from the way they were found (door, shells).

The defendant ~and~ McBride's family should each sue the department for being complacent and not even bothering to properly investigate.

Some hefty punitive awards would learn the department that it's simply not acceptable to consider a case "open and shut" from the word go.

'Fight or flight' response to fear part of defense case in porch shooting trial
Oralandar Brand-Williams, The Detroit News
July 30, 2014 at 6:34 pm

Former Wayne County Medical Examiner Dr. Werner Spitz is expected to continue his testimony Thursday as the first witness for the defense in the murder trial of Dearborn Height homeowner Theodore Wafer, who is charged with the fatal shooting of 19-year-old Renisha McBride on his front porch in November.

During his testimony, Spitz disputed earlier statements by Wayne County Assistant Medical Examiner Dr. Kilak Kesha that McBride’s hands were not injured but bloodied.

The issue of the condition of McBride hands have been important to the case because 55-year-old Wafer and his defense team contend someone was “banging” on his door before he shot McBride to death around 4:42 a.m. Nov. 2.

Spitz was brought in to testify for the defense about the “fight or flight” response people feel when they fear impending doom.

Spitz is limited to testifying about the physical effects and changes a person goes through amid crippling fear.

“There is no time to think,” said Spitz Wednesday about the effect of fear on the body. “The heart beats more powerful. The pulse (rate) goes up.”

Spitz, who did not perform the autopsy on McBride, disputed the testimony of Kesha, who said McBride’s hand were not swollen.

The prosecution rested its case Wednesday but not before it called Kesha to testify about the victim’s autopsy results. He said McBride was shot at a distance of three feet or less.

... more at link
http://www.detroitnews.com/article/2014 ... z38zxXm3VH

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Not important I suppose, but on Day 2 of trial, dude said 6 to 8 maggots, Today Gurkza or whatever his name is said 15 to 20. Why such discrepancies lol I mean the actual number of maggots don't matter do they?

The length of time these witnesses/family members had to get their stories together, BEFORE being interviewed, is just unbelievable! Seeing the picture today of a still pix from dash cam on a police car pulling up to TW house, it looked to be raining pretty good. Makes me think these LEO didn't want to get out and get wet! ME did the autopsy at 8am or abt, IIRC VP said they arrived at 6:15, hell that's pretty good timing. Also has anyone heard (pretrial or now or whatever) when or who put the EKG pads on RM? Autopsy report says had on chest and stomach.

I still cant get over the $100 bill fiasco. Nor do I believe the Moms story today. Funny NOT, that yesterday Gurkz or whatever, acted like he didn't know what they were talking abt on the $100 bill yet today he knew 2 days afterwards????

Since The Trial File already has a POLL I wont start one here... y'all can go vote there.

Early results.. so far 38 people voted....

.. not looking good for Sideshow Bob and the lynch mob.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Wafer's attorney: 'Another person was with Renisha McBride that night'
By Gus Burns
on July 31, 2014 at 7:05 AM, updated July 31, 2014 at 8:16 AM

DETROIT, MI -- Theodore Wafer's attorney on Wednesday tried to plant the seed that Renisha McBride was not alone when she arrived on the defendant's doorstep and was fatally shot Nov. 2.

He's "not being truthful," Wafer attorney Cheryl Carpenter said in court while questioning Dearborn Heights Police Detective Sgt.Stephen Gurka, who led the homicide investigation. "He did have information that there could be someone else there and he did not follow up."

She proceeded to say: "Another person was with Rensiha McBride that night trying to break into Wafer’s house."

Throughout the five-day trial, Carpenter has grilled investigators about their failure to initially gather pertinent evidence, fingerprints, blood samples and the screen door Wafer fired through.

It wasn't until nine days after the shooting that investigators visited Wafer's home to collect the screen door.

Part of Carpenter's theory that McBride had an accomplice seemed to hinge on a possible footprint discovered on the air conditioner in the fenced-off backyard.

It was photographed but never lifted.

When asked if he'd ever considered it was a possible intruder, Gurka said, “Then that’s the person Mr. Wafer should have shot,” according to the Detroit Free Press.

....more at link
http://www.mlive.com/news/detroit/index ... erson.html

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light