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Lewis trial: Day 8

Defense accuses prosecutor of promoting mistrial

Click here for more on this story

Posted: Saturday June 03, 2000 01:42 AM

  Ray Lewis Defendant Ray Lewis listens to testimony during Friday's proceedings. AP

ATLANTA (AP) -- Defense attorneys' objections led to a nasty exchange with the chief prosecutor Friday as an Atlanta police investigator testified in the murder trial of football star Ray Lewis and two friends.

Detective Ken Allen described the evidence he found near the bodies of Jacinth Baker and Richard Lollar, who were fatally stabbed in a Jan. 31 fight after a Super Bowl party. Lewis, Joseph Sweeting and Reginald Oakley are charged with killing them.

Along with bottles and articles of clothing, Allen said he found a knife with a 2-inch, serrated blade lying on the ground near where the victims were stabbed. However, Allen said there was no blood found on the knife.

Analysis from The Baltimore Sun's Jon Morgan
Jon Morgan is covering the trial for The Baltimore Sun and offered this analysis of how the prosecution wrapped up the second week of the trial.

"The prosecution wrapped up the week with
a day of testimony from detective Ken Allen,
the Atlanta Police Department's lead
investigator on the Ray Lewis case.

He led jurors on a virtual tour of the
crime scene where two men were found stabbed to death. He also described using evidence (from) and photographs of the limousine that Ray Lewis and his companions used that evening.

It took most of the day to describe and admit
each piece of evidence found at both
scenes (the crime scene and Lewis' hotel),
including articles of clothing worn by the
victims, a bloody towel from the hotel, a
small knife and a Baltimore Ravens parking
pass.

The proceedings seemed dry and technical
at times Friday, but all that is a legal
necessity to get dozens of pieces of crucial
evidence properly entered in to the record.
There's also some speculation that the
prosecution may be trying to stretch out the
case a bit, bumping it in to next week, so
they can try and secure the testimony of a
couple more key witnesses. One of them
would be Duane Fassett, the limousine
driver who Ray Lewis and his companions
used that evening. They are hoping to recall
him. He is fighting that subpoena.

Prosecutors are expected to wrap up the
case early next week, at which time the
defense attorneys will assuredly stand up
and ask the judge to throw out all the
charges against the defendants. That's
called a directed verdict and it's extremely
rare. But some people think they (the defense stand a chance in this case because the
prosecution has failed to meet all the
promises it laid out to jurors in its opening
statements." 
 

Defense attorneys objected again and again to the questions asked by Fulton County District Attorney Paul Howard and even accused Howard of trying to force a mistrial.

"We're not trying to goad the judge into a mistrial," Howard retorted. "That is far from it."

After the judge sustained another defense objection, Howard said, "All right." Tony Axam, one of Lewis' attorneys, accused the prosecutor of using a derisive tone and said, "That's not how a trial is conducted."

Howard tried to get Allen to testify that he arrested Lewis based on a statement given to police by Duane Fassett, the driver of Lewis' rented limousine. But after strong objections from the defense, Superior Court Judge Alice D. Bonner ruled that the arrest of the defendants was irrelevant.

The judge also refused to let Allen testify about a misleading statement Lewis gave to officers hours after the killings. In that statement, which the jury has already heard, the Baltimore Ravens linebacker never mentioned Sweeting and gave contradictory versions of the fight.

The prosecution had hoped to finish Friday, but now says it will wrap up its case Monday or early Tuesday. The state still has to call forensics experts and medical examiners.

Prosecutors also may call some of the other people who were with Lewis in his limousine -- including two men known only as Gino and Claudus, and possibly Jessica Robertson, who has been described as Lewis' girlfriend.

Howard also wants to put the limousine driver back on the stand to probe inconsistencies between the statement he gave police and what he said on the stand last week. The judge issued a new subpoena for Fassett earlier this week.

Fassett's attorney, David Irwin of Baltimore, said Friday his client had not yet been served with the subpoena. Irwin said he will ask a judge in Maryland to decide whether Fassett has to obey the summons.


 
Related information
Stories
All-Pro linebacker, co-defendants face murder charges
Prosecutors introduce Lewis statement to police after killings
Multimedia
The Baltimore Sun's Jon Morgan summarizes the day's events. (181 K)
Morgan predicts a rare maneuver from the defense. (139 K)
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