[Peace-discuss] my notes on Wednesday afternoon's court

[Karen Medina]

Afternoon of the Third Day of the trial, Wednesday May 14, 2008

At 1:35pm, the judge entered the courtroom. The audience at that point included 8 supporters of Patrick Thompson, 1 person from the News-Gazette, and 1 unknown woman.

The jurors were brought in.

The afternoon of the Third Day started with the Prosecution still making its case. 

The Prosecution called 4 witnesses, all co-workers. The Prosecution was trying to show a cohesive story of a woman noticeably shaken as she arrived at work late the day of the alleged incident. The witnesses however could not tell the court what they had heard because it would only be hearsay. The hearsay included the story that the woman progressively told people as she moved through her co-workers and then to the person who orders the supplies. 

Through the cross-examination of these witnesses, the Defense tried to show that according to previous statements of these same witnesses, the story the woman gave them was very different each time she talked to another person -- that she told one person that she was cornered in the laundry room, she told the next that she was followed from the laundry room, she told one person that she had been pulled from her apartment, she told another person that she was backed into the couch,  she told one that she fought (but there was no physical injury to show for it), ... The other point that the Defense tried to bring forward was that her friends suggested that she call the police but she seemed to not take their advice immediately. Yet another point the Defense tried to make was that the woman had been late to work several times before and that being late this time would mean trouble for her. 

With these witnesses, there were a few other contradictions too like whether the woman was crying or just speaking with a shaky voice or whether the door to the dirty laundry/utility room was locked. When the officer did arrive at her work, the staff person said she was not crying when she showed the officer to the linen closet where she was loading up with clean linen. This same staff person had said the woman was crying earlier in the utility room when talking to the supply person. But the supply person said that the woman was not crying, but that the woman did have a shaky voice while they talked. The supply person also testified that she told the woman that she should not be at work when she was so emotional.

After the Prosecution's four witnesses to the emotional state of the woman, the Jury was given a mid-afternoon break, reminded that it was still too early to discuss the case or make any conclusions. 10 minute recess started at 3pm.

At 3:20pm, the Judge entered. While the jury was still out of the courtroom, the Judge talked with the lawyers. The Prosecution rested its case. At the point where the Prosecution rests, I am told that it is standard for the Defense to move that each charge be dropped. The Defense moved for a directed verdict: that the Home Invasion charge be dropped because the Prosecution had failed to prove this -- the testimony about "not a Peace Officer" was not enough. The Defense moved that the Sexual Assault be dropped because according to a federal case ([somebody] vs. Hudson), injury had to be proven: no physical injury had been proven and no psychological injury had been proven. 

The Prosecution then is given a chance to make his arguments to the Defense's requests. The Prosecution said that injury could also be emotional and that the jury could see emotional injury from the testimony. Then the Prosecution said that no peace officer would be shirtless, wearing sweatpants and tennis shoes. 

Now that both sides have made their statements, the Judge decides on the motion. The Judge ruled that Home Invasion charge would be dismissed -- the burden of proof fell on the Prosecution and it failed. The Judge also noted that peace officers often do not wear uniforms and listed several situations where they do not. The Judge ruled that the other motion be denied, that emotional injury was enough. 

The Prosecution immediately asked to continue. The Judge reminded the Prosecution that it had rested its case. The Prosecution said that now the Defense brought this up, the Prosecution would like to continue. The Judge denied the motion to reopen and reminded the Prosecution that the time to reopen is before the Defense begins, not after.

The Judge left the courtroom.

At 3:47, the Judge returned to the courtroom. At 3:50, the Jury was invited back into the courtroom. The Judge informed the Jurors that the Prosecution had rested and that the Prosecution was not submitting the charge of Home Invasion and not to worry about the reason for this. 

The Defense called two witnesses, both from the County Jail and both testified that they processed Patrick Thompson into the jail (Wednesday afternoon and Thursday morning) and that before arriving there he had a hurt and swollen right index finger, and they had a written record that Patrick said that a metal object had fallen on his finger on Sunday. 

Then the court was then ready to recess for the day. The Judge reminded the jury not to talk about the case and to have no contact with any news sources. Court will start again at 9am on Thursday, May 15, 2008. The Jury should only consider the evidence in the trial, and to not make any conclusions yet. The Jury was dismissed. 

The Judge asked how much longer and it was decided that the Defense should have the Jury Instructions ready tomorrow for the end whether it be Thursday or Friday.