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'Another good day' Defense survives limo driver's testimony
Posted: Thursday May 25, 2000 10:36 PM
By Nick Charles, CNNSI.com ATLANTA -- Ray Lewis' limo driver had been reluctant to testify against the Baltimore Ravens superstar he admires. Duane Fassett was supposed to be a vital witness for the prosecution. However, after hours on the stand and facing a barrage of questions from defense attorneys for the three accused, the best testimony the chauffeur could give that would aid the state was that he saw Ray Lewis, Joseph Sweeting, also known as "Shorty," and Reginald Oakley, whom he knew by the name of "Derby," physically confront two men. Fassett stood before the state's large horizontal diagram that served as an overview of the crime scene last January near an Atlanta nightclub. "The people over here by the tree," Fassett said pointing to the board, "and then these guys went running and they went down here by the end of the street. And the next thing I saw down here was he grabbed him [one of the victims] by the back of the shirt and flipped him." As he said this, Fassett reached out with his right hand toward Fulton County District Attorney Paul Howard and twirled his hands. Howard: "And who did you see grab him?" Fassett: "I thought it was 'Derby' [Oakley] down there at the end of the street because he was the one who went that way. "One of them, I don't know if he came back up this way or what, but I saw Shorty [Sweeting] over here by him and then Ray went over there and told him to 'knock the [expletive] off and get back in the truck.'" Howard: "What happened at that time?" Fassett (moving away from the diagram): "All I saw was Ray come up like that." He raises his right fist high into the air and says, 'Knock the [expletive] off.' I didn't see him [Lewis] throw the punch, didn't see it land or nothing." Later, during further testimony with Fassett now sitting on the witness stand, Howard got specific. Howard: "Did they [the police] ask you who was in the limousine?" Fassett: "Yes they did." Howard: "And what did you tell them at that time?" Fassett: "I told them at that time I said, 'I didn't know, it was just somebody who wanted to hire the limousine for the night.'"
Howard: "Why did you tell the police that?" Fassett: (pauses for several seconds and then scratches the side of his head) "Because I was told not to say nothing." Howard: "And who told you not to say nothing?" Fassett: "Ray [Lewis]." He nods his head. After giving his answer, Fassett sat for several more seconds before looking down and exhaling in what was clearly a difficult moment for him. Then it was time for cross-examination by Lewis' attorney Ed Garland. Garland: "What he [Lewis] was doing, was trying to stop there from being a problem, wasn't he?" Fassett: "Yes sir. Yes, sir." Garland: "And Ray Lewis didn't do anything to cause, aid or encourage anyone to stab someone with a knife did he?" Fassett: "No sir. Not that I could see. Not at all." Fassett was expected to testify that he heard both Sweeting and Oakley say after the killings, "I stabbed mine." But every defense attorney said afterwards that they were shocked that that testimony never materialized. "Today, the state's primary witness testified that Ray Lewis was innocent, " said Garland. Meanwhile, Sweeting's attorney, Steve Sadow, said the defense "had another good day." "We would have expected it to be worse because this was to be their key witness, Mr. Fassett," Sadow said. " But I don't think he came across as someone who actually remembered anything that night." None of the prosecutors would speak on the record as to what they plan next. However, expectations are that the state will soon go the physical evidence in trying to prove its case. Or if they are indeed desparate, may then offer immunity to others who were at the scene at the time of the killings in exchange for their testimony.
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