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PostPosted: Mon Aug 04, 2014 3:34 pm 
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State of Michigan V Theodore Wafer - Murder2

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Day 10, Tuesday 5th August, 2014 9:00am EDT


Twiter:

Detroit News: https://twitter.com/detroitnews

Oralandar Brand-wms: https://twitter.com/oralandar_DN

Detroit Free Press: https://twitter.com/freep/with_replies

Elisha Anderson: https://twitter.com/elishaanderson

#TheodoreWafer
https://twitter.com/hashtag/TheodoreWafer?src=hash

#RenishamcBride https://twitter.com/hashtag/RenishamcBride?src=hash



Live Blog

Live blog - Detroit Free Press: http://live.freep.com/Event/Live_blog_T ... ting_trial

Live updates - mlive.com http://www.mlive.com/news/detroit/index ... de_sh.html

News updates: http://www.detroitnews.com

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PostPosted: Tue Aug 05, 2014 6:29 am 
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Live blog - Detroit Free Press:

http://www.freep.com/article/20140805/N ... ha-mcbride

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PostPosted: Tue Aug 05, 2014 8:11 am 
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def atty says there is some error in transcript regarding his quote McBride "fell backwards.."ct. listens to tape to clarify. jury not in

transcript says "jumped backwards" but ct and def attys say he says "fell backwards"..pros says he doesn't hear "fell"

pros athina siringas says she thought wafer also said "fell"..def atty says she wants to make sure jurors get corrected transcript..

judge going off bench to look at rule to see what it says regarding correc. ct transcripts that will be shown to jurors

during his testimony Monday Wafer said fell backwards..

mcbride family atty gerald thurswell said today he and the family don't believe shoot.was racial but feels def atty injected race monday.

during her line of questioning of Wafer when she made references to his neighborhood "changing"

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PostPosted: Tue Aug 05, 2014 8:34 am 
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judge back on bench..

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".

pros. objects saying transcript can correct on re-dirct..and that def. shld have raised mistake earlier.

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"

muscat: "we can fix" and def. can argue "she fell backwards."

def had raised in earlier motion hrg's to admiss. of the transcript into the trial

def atty "it's not a miniscule point"

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

trans. issue resolved...jury comes in

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PostPosted: Tue Aug 05, 2014 8:47 am 
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Wafer on stand now

cross exam begins : asst wayne co. pros. athina siringas doing the ques.

wafer says he went to find his phone after shooting.

siringas asking wafer about his comments to police that he wishes he had called police first.

wafer says he's only heard video tape of police ques after shooting once sine nov. 2..before he heard in court

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>"

siringas to wafer: "(You never went to your jean pocket (to get your cell fone) until after you shot renisha mcbride right sir??"

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PostPosted: Tue Aug 05, 2014 8:53 am 
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PostPosted: Tue Aug 05, 2014 9:04 am 
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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

siringas going over diagram of layout of wafer home with him

pros asks wafer if he ever told police about banging at back door..he says no

wafer to pros: "there was no knocking..that was a pounding”

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

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PostPosted: Tue Aug 05, 2014 9:07 am 
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Wafer pointing out how he exited his tv room the night of the shooting.

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PostPosted: Tue Aug 05, 2014 9:25 am 
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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

wafer: "I was upset.." says "it looks like I said something...nothing came out..it was in my head."

wafer: "I didn’t stare at the body to really undertand the wound.”

siringas asking wafer about him knowing that he was being recorded..now asking about his contention that shootng was accidental

pros showing video police interog:

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

as he testified monday.

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

wafer says he didn't know mcbride was a girl, what race she was..

wafer: "there was no aiming.." says he just shot in fear..says when he shot mcbride she was not banging on door

Wafer:"I drew first. The threat that was coming in my house."

pros asks why he didn't say "if you take one step into my house i'm going to blow your head off."

pros asks about metal noises on front door and points out that he didn't tell police about door being off the track.

he says he thought police saw the screen door

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PostPosted: Tue Aug 05, 2014 9:43 am 
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pros: did someone enter your house. Wafer: not but that’s what I thought was going to happen shortly.

wafer says he thought EMS wld come and help McBride. pros: you think EMS cld save her from what you did??

video taped being shown of first officers to wafer house following shooting of mcbride

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

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

ct breaks for 5 min break for jurors..

:smoke

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PostPosted: Tue Aug 05, 2014 9:44 am 
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Monica McBride (mother) cries as the 911 tape is played again in the courtroom.

She was rocking from side to side... as Coreshift tweeted... she should be removed from the court.

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PostPosted: Tue Aug 05, 2014 9:45 am 
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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

:63

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PostPosted: Tue Aug 05, 2014 10:06 am 
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judge back on bench

jurors coming in

siringas continues her cross-exam of Wafer

pros asking about his comments about a figure jumping off porch going to the right

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

wafer says he did not go on porch and he was 2 feet away from screen when he fired. "i remembered raising the gun"

pros: "it was a human being right?" Wafer "yes" to his comments about not knowing who he shot

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."

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

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.

wafer said he loaded his gun last the night his car was paintballed..

pros shows in police interog. video wafer talking about when he last loaded his gun

says it was the night the tigers lost american league champ.

pros asking what day tigers elim. she was oct. 19..less than two weeks from the Nov. 2 of mcbride

wafer to pros about date on when he loaded his shotgun: "just trying to piece it together..a lot of confusion."

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

wafer said "he thought" he loaded the shotgun awhile back..not as recent as two weeks before mcbride shooting

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

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PostPosted: Tue Aug 05, 2014 10:30 am 
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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."

pros: your whole story before you got into a trial that this was an accident..

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

sidebar

:63

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PostPosted: Tue Aug 05, 2014 10:51 am 
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back in session..wafer stil on stand..not hunted with his mossberg 500, his weapon that he is accused of shooting mcbride with

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

pros: your house buttoned down pretty good, right?? wafer: ... to me it's pretty secure

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

siringas asks wafer if he is paranoid..he says he was put on edge in ref. about crawling..

showing video of wafer talking to police about being paranoid about being paintballed

pros: you said you didn't know what was going on. wafer: it's clear to me that someone was trying to gain entry.

def objects to pros showing video ..saying jurors already saw it monday

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

wafer says he cldn't remember everything then but has had time since shooting to process everything

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PostPosted: Tue Aug 05, 2014 10:58 am 
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pros shows pic of wafer shotgun near front door

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

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

sidebar after juror gets afraid of wafer shotgun being held by pros. judge says "put it downward.."

:63

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PostPosted: Tue Aug 05, 2014 11:14 am 
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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.

he said he wanted to end confront and pros says "you sure ended it.."

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

found on her.."not in that split second..no"

pros done..re-direct now by def atty..wafer talking emotionally about shooting and mcbride

wafer: i was protecting myself pros: from an unarmed teenager wafer: i did not know it was a teenager.

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

wafer says after hearing lot of testimony he didn't think they did good (job) but not for him to decide.

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

wafer says he switched out screen door and didn't touch or tamper with..put it in basement of his home

def atty says wafer if he ever stepped out on his porch during the incident. he says no

wafer says "nothing came out" during shooting..did not speak during the shooting

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

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PostPosted: Tue Aug 05, 2014 11:21 am 
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LUNCH

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:63


Due back 1:30

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PostPosted: Tue Aug 05, 2014 1:24 pm 
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jury instructions cld begin this afternoon and closing arguments tommorrow at 9 a.m.

court back in session. def atty arguing motion for jurors to consider some elements in case while they deliberate. elements for breaking in

pros says there is no evid mcbride attempt to break in ..no locks damaged..judge said earlier no evid to support instructions

on home invasion because no evidence of breaking/entering

jurors are not in courtroom while lawyers argue over whether break in/home invasion put in jury instructions

judge says based on info presented before jury shows no evidence of break in

judge says "i'm going with what the evid shows.."..def atty cites castle doctrine

def atty wants "a person's porch is part of one's home"..pros objecting.."no evidence he was on his porch."

pros: he was never on the porch..he did not have duty to retreat..says the instruction wld confuse jury

pros: "there's no duty to retreat issue..he never went on the porch"

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!"

judge: "if someone were on their porch...they have a duty to protect themselves" pros says def atty going to try to use porch in castle doc

def atty: "he has every right to open that door. he's still in home."

def atty says smudge marks on door, AC units, woven pattern on main front door shows mcbride trying to break in..

pros. wants gross negligence considered in murder 2 instruction

you don't have to aim a gun in gross negligence in murder 2. judge says she will give it as a "lesser"

pros. talks about "false exculpatory statements" that wafer allegedly in the case referring to two theories on shooting: accident/self def.

pros wants instructions given on "exculpatory statements" def atty says they have proven there are false statements made by wafer

judge: "this is such and unusual instruction" about so-called exculpatory statement.

pros: "(wafer) has given two different theories."

judge: "noone knows what (mcbride) was doing " for 3 hours before shooting to def atty's claims mcbride was trying to break into waferhome

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PostPosted: Tue Aug 05, 2014 1:36 pm 
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def attys and pros still hashing over jury instructions that wil be given ...jurors not in courtroom

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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

def atty..nobody handled it like ms. siringas. if you are not going to grant mistrial at least admonish the pros.

pros says she never pointed the gun in the direction of the jury. judge says gun will not be handled during closing arguments.

jury about to come back in..sidebar before it does

:63

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