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PostPosted: Mon Aug 04, 2014 9:54 am 
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judge asking defense firearms expert what standards he used to arrive at his conclusion that mcbride shot at close range 2 ft or less

Balash tells judge that he measured the screen door area to determine trajectory of the GSW:Screen door not there at time

said he did testing with/paper targets only at police department

judge asking why not repeated tests.Balash says not necess. judge calls attys to sidebar

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PostPosted: Mon Aug 04, 2014 10:11 am 
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def atty asks Balash about how he proccesses entire crime scene

Balash says he's served as an expert witness in trials "dozens of times." judge asks him about his opinion of the crime scene investigation

Balash says he would have protected suspected footprints on Wafer home's AC unit in back of house

sidebar

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PostPosted: Mon Aug 04, 2014 10:20 am 
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asst wayne co. pros. pat muscat asking balash about 2007 Dearborn case he testified in. muscat asks about poss. misidentification of item

zipper for a bullet. Balash off stand now. Muscat talks now says he concern. about a couple of areas of testimony..

says it's extremely dangerous to allow Balash to comment in some areas and on credibility of other witnesses

def. atty. cheryl carpenter amended her motion to allow Balash to talk about "woven patterns" on door

def atty asks judge to allow Balash to talk about how the crime was handled.

def atty tells judge "your gatekeeper role is very, very narrow" during Daubert hrg to determine what area expert can testify to

Judge won't allow Balash to talk about what law enforcement invetigators were thinking during crime scene investigation..

daubert hrg done

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PostPosted: Mon Aug 04, 2014 10:32 am 
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The jury is being brought back in.

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PostPosted: Mon Aug 04, 2014 10:40 am 
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Balash back on stand..he can't opine about woven pattern regarding screen door as well

def. atty cheryl carpenter asking balash about his opinions/conclusions on the wafer case

def atty had about balash opinion on close range theory. Muscat objects saying that was covered last week. she rephrases.Balash givesconclus

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PostPosted: Mon Aug 04, 2014 10:44 am 
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PostPosted: Mon Aug 04, 2014 10:44 am 
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Balash tetifies McBride was very close to the door of Wafer home when shot..

balash says he went to wafer home three times including a week ago sunday when he took measurements at the home..

Balash says McBride was to the left of the door when shot..

balash first visited wafer home dec. 13

sidebar after balash talks about measurements at the house

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PostPosted: Mon Aug 04, 2014 10:57 am 
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def atty shows jurors diagram of wafer home

courtroom audience not able to see it

Balash says screen out of door when Wafer fired the shot

Balash further explaining the screen door not intact..he's showing jury the math and measurements for his theory that screen door dislodged

def atty asks Balash about his teaching career

Balash says he's also testified for prosecutors before..about 6-12 times

Balash" Neither defense or pros witn. says he consider himself an expert witness.something i take seriously

Balash talking about his exp. as crime scene reconstructionists. says he's processed over1,000 scenes

def atty asks Balash what evid he wld have taken at Wafer's home following the shooting

def atty asks Balash about how he wld have processed suspected footprints on AC unit at Wafer home

Balash says he would have taken AC unit in for processing, "may have" dusted for fingerprints ..and both the main metal door in for testing

Balash says crime scene shld have been more secured to avoid contamination of evidence

Balash says crime scene investigators shld wear protective outfits at crime scene. pros. muscat doing cross now shows wafer's shotgun now

muscat asks Balash: "this weapon does not go off accidentally, correct" Balash agrees

Muscat: "This is not a hair trigger weapon???" Balash: absolutely not

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PostPosted: Mon Aug 04, 2014 11:30 am 
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PostPosted: Mon Aug 04, 2014 11:30 am 
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Balash: "always treat (Mossberg 500 shotgun) it as loaded"

In reponse to rapid-fire line of questioning from pros. Muscat..Balash admits he doesn't have key details on chain of events inWafer shoot.

under cross by Muscat, Balash says he saw no evidence of prying or tool marks at Wafer's home that would indicate an attempt break-in

Pros. Muscat now asking Balash about the paper targets he used Dec. 13 to test Wafer's shotgun

Balash says, under pros. grilling, he didn't use any measurements when he did the shotgun testing of Wafer shotgun

pros says state police don't conduct these kinds of tests

muscat showing the shooting range at Dearborn Hghts police dept Balash used for his testing of Wafer shotgun

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PostPosted: Mon Aug 04, 2014 12:28 pm 
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Asst. Prosecutor Muscat shows Balash Dearborn Heights PD shooting range.

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PostPosted: Mon Aug 04, 2014 12:28 pm 
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Balash says he was injured during testing of wafer shotgun

Says thumb during recoil caused small injury to his face

Under re-direct from def atty Balash says he cld not find range to conduct test of gun on door screen

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PostPosted: Mon Aug 04, 2014 12:44 pm 
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LUNCH

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:63


Due back 1:30

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PostPosted: Mon Aug 04, 2014 1:37 pm 
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We're going to hear audio in case. Pros wants to know why. Sidebar now

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PostPosted: Mon Aug 04, 2014 1:42 pm 
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Sgt Krot of Dearborn Heights police next witness. We're gonna hear his audio at scene about stepping in evidence

Audio hard to hear

krot..he responded to Wafer home around 4:43 a.m.

Krot: i was tryng not to but yes I did step on some blood,..it was a pretty horrific scene

krot says he stepped on blood near the grass

Krot(one of first officers responding to the scene): he got there around 4:44 a.m. I searchedMr. Wafer he explained to be howhe accidentshot

accidentally shot the gun and that there was pounding on the door which shifted to another one. we are looking at dash-car video now

the video/audio dash cam. video that morning just after the shooting. video halted after objct from def atty. sidebar now

:63

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PostPosted: Mon Aug 04, 2014 1:56 pm 
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:smoke five minute break now

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PostPosted: Mon Aug 04, 2014 1:56 pm 
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def atty: Your honor I object to this..you are allowing them to play what has already been played in court. judge asks pros whythey'replayin

asst wayne co prosecutor terry anderson: "this is the witness that she called your honor" the tape is of Krot talking as well

judge: the exhibit already been admitted. pros says krot can identify the other voices. judge says "that's what I was hoping to."

we're seeing/hearing video of the first officers who responded to Wafer's home

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PostPosted: Mon Aug 04, 2014 2:08 pm 
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jury back in court

Anderson having tape played to ask Krot to identifying who is talking on tape of the conversation minutes after the shooting.

Krot identifies 3 police officer and voice he says is Wafer saying he doesn't get who would be knocking on his door so early in the morning.

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PostPosted: Mon Aug 04, 2014 2:10 pm 
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Thedore Wafer takes the stand..says he's nervous

Wafer speaking low..wears grey suit coat..shirt and tie..holding his hands together

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PostPosted: Mon Aug 04, 2014 2:13 pm 
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wafer says he's never been maried and has no children.

pros objects to line of questions..judge allowing another one

wafer said he " had hoped" to be married w/children by now. dad dead..mom living..younger sis/older bro

sidebar as pros objects to wafer career ques

:63

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