Jury out......

oralandar brand-wms

judge asks def atty to find case law related to her request

sidebar after def atty asks bivens to go get his notes from upstairs (pros office in ct house) on interview with jenkins.

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

5 Min break

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

Elisha Anderson

"Find it," Wayne County Circuit Judge Dana Hathaway said before calling a 5 minute break. Jurors taken out of courtroom.

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

The judge said both cited case law supporting their arguments -- the defense that they should be able to see the investigator's hand-written notes, prosecutors that the defense shouldn't get access to those notes -- and took a break for the trial so they could go find the cases.
by Gina Damron

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

oralandar brand-wms

ct back in session: def atty arguing that bivens notes are "discovery" for the case and that defense is entitlted to them

def atty tells judge (juror not in court right now) she wants to see bivens note because there are 2 state wits. who contradict each other

def atty" after reading case law:"it is clear your honor we are entitled to those notes."

pros objects say "no where" in this case law does it say notes

pros: "if you want to know what mr. bivens has. go talk to mr. bivens. she knew about mr. bivens." says now def attywants to interrupt trial

def atty objects strongly to pros. characterization of her..issue is about amber jenkins statements to bivens

def atty says the issues about the statement is about the time frame and whether amber jenkins left cause mcbride upset from card game

def atty says notes essential about mcbride's demeanor. "i need to know what the notes say ..who is shading the truth here.

judge gonna review case law on the issue

judge off the bench to review case law about sharing of notes from investigators

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

Break

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

oralandar brand-wms

judge rules defense not entitled to bivens notes: this is diff. than police rough notes. judge says def can raise again w/other police wit

def atty asks judge for notes from dearborn heights sgt gurka(spelling?)..judge says"if they are notes I shld at least take a look at them to see if you are entitled..gurka just rose said no notes. jury comes back in

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

oralandar brand-wms

bivens coming back on stand

def atty proceeding with cross exam of bivens

def atty asks bivens how many witnesses they got..he says again one and that another inves. spoke with murad. that interv occured a wk later

def atty cheryl carpenter asking bivens why: "i have no idea." bivens says

def atty asks bivens about the golden "first 48 hours" optimum time, she says, is best time to conduct interviews and inves on case

bivens says neighbors told him wafer quiet and wld stick to himself

def atty showing bivens map of wafer's neighborhood

this map being shown to bivens also extends up to mcbride's family's home on whitcomb street

map also includes brammell right where mcbride had car crash and now wafer's home.

bivens inves. team also canvassed area where accident occured

bivens' team also went up and down warren avenue which is the main street that brammell street runs off and not far from wafer's home

def atty asks bivens why inves didnt go to nearby 24-hr gas station on warren..east of accident scene

def atty: "it remains a mystery where she went in that 3 hour (time frame). it's like she disappeared.."

def atty also asks bivens if he wld want to know if mcbride went to a drug house or not .bivens say it didn't matter where.def done.

def atty also asks bivens if he wld want to know if mcbride went to a drug house or not .bivens say it didn't matter where.def done.

pros. redirecting..asking him to review mom's statement. monica mcbride

pros now asking about bivens earlier statements during cross about comments on 1st 48 . he now explains inves. process

bivens says despite budget issues in wayne county pros office..he was able to conduct thorough investigation in wafer trial

pros asking about murad interview ..date was nov. 9. def atty cheryl carpenter asks now about monica mcbride statements to investigators

bivens done before some discussion about monica mcbride's statements to the effect that she had told her daughter to stay home.

monica mcbride has testified to that. her testimony was about renisha mcbride finishing housework

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

second pros. witnesses up: shawn kolonich..MSP forensic firearms expert on stand now. being ques. by pros terry anderson

getting objection from def atty cheryl carpenter: its about his training..he cldn't do any unsupervised exams solo before 2011, he testifies

def atty questions kolonich's credentials

kolonich entered MSP in 1997.

def atty says she doesn't object now to MSP's shawn kolonich testifying as a firearms expert

pros terry anderson's ques. continues

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

oralandar brand-wms

kolonich did "trigger pull" test report on wafer's mossberg shotgun at request of pros danielle hagaman-clark

anderson showing kolonich the pics he took

there are about 18 photos.first one being shown of the mossberg shotgun in the wafer case on the overheard

...more at link
http://www.wftv.com/news/news/local/rep ... ice/ngqLk/

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

oralandar brand-wms

wafer gun length: 12 guage shotgun. barrell is 24. 3 inches and gun is 30.5 in length overall

shotgun is:no. 4 buckshot containing 27 pellets

oralandar brand-wms

pics also are of box of shotgun shells

oralandar brand-wms

we're also seeing lead fragments (no identifiable shape)..kolonich got from coroner's office..also plastic from inside the shot shell

oralandar brand-wms

we're seeing the makeup of a shotgun shell..you can open it up and it looks like a "flower" from the makeup of its ingredients,

we're looking at intact buckshot vs. distorted buckshot after it has been fired or struck an object

oralandar brand-wms

pros just gave MSP firearms expert kolonich, the shotgun to explain what guage means in shotgun reference..

12 guage is actually bigger than a 16 guage and also bigger than a 20 guage

oralandar brand-wms

kolonich says shotgun is a slide shotgun..it slides to load and eject shotgun..will hold 7 shotgun shells in magazine. cap. 8 though.

oralandar brand-wms

anderson asks kolonich about operating the shotgun..he said you have to go thru sev steps and there is a safety which is operatorsby thumb

shotgun is a pistol grip stock made for home defense

kolonich says pistol grip make theshot gun more maneuravable in tight spaces like in a house

shotgun stock also called butt stock

the mossberg shotgun is typically held parallel to the ground, says kolonich. it has 6 pounds, 5 ounce trigger pull but can go 4 and a half pounds