Ted Wafer Trial – August 5, 2014

RT_Renisha_McBride_funeral_nt_131113_16x9_992I suspect that closing arguments will be made late today or Wednesday in the Ted Wafer murder trial. The judge will then read the jury instructions and send them off to decide the verdict.

 

As we learned in the murder trial of George Zimmerman, there are ted-wafer-35716some courts that allow the attorneys to amend jury instructions, even omitting sections. Thus, the Supreme Court Committee in those states waste their time writing model or pattern jury instructions that judges toss aside for those written by defense lawyers.

Personally, I think that is a miscarriage of justice, especially in criminal cases. Model or Pattern Jury Instructions are written because of criminal statute and prosecutors should not be placed in a position where the statutes are rendered moot by jury instructions that do not fit the law.

For all intents and purposes, Ted Wafer is claiming that he shot and killed Renisha McBride in self-defense.

The below are Michigan’s actual jury instructions for use of deadly force in self-defense.  

If videos of the trial should become available, I’ll update here.

UPDATE

From this morning’s cross-examination

 

 Michigan Criminal Jury Instructions

7.15 Use of Deadly Force in Self-Defense

 

(1) The defendant claims that [he / she] acted in lawful self -defense.

A person has the right to use force or even take a life to defend [himself / herself] under certain circumstances. If a person acts in lawful self-defense, that person’s actions are justified and [he / she] is not guilty of [state crime].

 (2) You should consider all the evidence and use the following rules to decide whether the defendant acted in lawful self – defense. Remember to judge the defendant’s conduct according to how the circumstances appeared to [him / her] at the time [he / she] acted.

(3) First, at the time [he / she] acted, the defendant must have honestly and reasonably believed that [he / she] was in danger of being [killed / seriously injured / sexually assaulted]. If the defendant’s belief was honest and reasonable, [he / she] could act immediately to defend [himself / herself] even if it turned out later that [he / she] was wrong about how much danger [he / she] was in. In deciding if the defendant’s belief was honest and reasonable, you should consider all the circumstances as they appeared to the defendant at the time.

 (4) Second, a person may not kill or seriously injure another person just to protect [himself / herself] against what seems like a threat of only minor injury. The defendant must have been afraid of [death / serious physical injury / sexual assault]. When you decide if the defendant was afraid of one or more of these, you should consider all the circumstances: [the condition of the people involved, including their relative strength / whether the other person was armed with a dangerous weapon or had some other means of injuring the defendant / the nature of the other person’s attack or threat / whether the defendant knew about any previous violent acts or threats made by the other person].

 (5) Third, at the time [he / she] acted, the defendant must have honestly and reasonably believed that what [he / she] did was immediately necessary. Under the law, a person may only use as much force as [he / she] thinks is necessary at the time to protect [himself / herself]. When you decide whether the amount of force used seemed to be necessary, you may consider whether the defendant knew about any other ways of protecting [himself / herself], but you may also consider how the excitement of the moment affected the choice the defendant made.

 

Posted on 08/05/2014, in Renisha McBride, Trials & Cases and tagged , , , , , . Bookmark the permalink. 284 Comments.

  1. sounds like any reasonable jury would read subsections 4 and 5 and discount any thought of self defense. i know i would. fingers crossed!

    Like

    • yahtzeebutterfly

      Yes, fingers crossed, faux.

      Xena, Thanks for posting the info on jury instructions.

      This will be quite the morning with the prosecution continuing to cross examine Mr. Wafer.

      Like

  2. Jueseppi B.

    Reblogged this on The ObamaCrat™.

    Like

  3. yahtzeebutterfly

    Court reconvenes at 9:00.

    I am so appreciate of the court reporters that have tweeted the court proceedings to us during this trial. Without them we would be in the dark.

    Here are two Twitter links belonging to outstanding reporters:

    https://twitter.com/oralandar_DN

    https://twitter.com/idabeewells

    (I am having issues with my computer this morning and am not sure how well I will be able to kept up with the tweeting. If any of you can, I would be most appreciative for your assistance if you notice that I am falling behind. And, thank you to all of you who have helped on earlier pages 🙂 )

    Today I have decided to post all my comments each time at the bottom of the page and not try to insert them as replies.

    Like

  4. yahtzeebutterfly

    Oh, if any of you find a link to live steaming of today’s court proceeding, please post it. 🙂

    Like

  5. You can’t just shoot in the dark, like he did, that’s ludicrous.

    Why is it impossible to expect someone who has done something so bone-headed, to OWN it and say, “I made a mistake” and make a deal for SOME time to be punished for that?

    Like

  6. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    court in session in wafer trial

    Like

  7. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    def atty says there is some error in transcript regarding his quote McBride “fell backwards..”ct. listens to tape to clarify. jury not in

    Like

  8. MurphysSpork

    Good morning everyone. Will try to follow along live today.

    Like

  9. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    mcbride family atty gerald thurswell said today he and the family don’t believe shoot.was racial but feels def atty injected race monday.

    Like

    • yahtzeebutterfly

      https://twitter.com/oralandar_DN

      during her line of questioning of Wafer when she made references to his neighborhood “changing”

      Like

    • MurphysSpork

      The defense wanted to make this about race from the moment they tried to use a crime map of the area to show Wafer had reasonable fear. We saw this in the Zimmerman, Dunn, and now Wafer cases. They want the sterotype played not only in the courtroom but to the general public that “black people are aggressive, so fearing them is rational and shooting them is legal.”

      Like

      • yahtzeebutterfly

        Or, fueled by drink and stereotypical thinking, he might have been mad as hell and wasn’t going to take it anymore because he was fed-up with his idea of what the neighborhood was like.

        How did all of this play into his mindset as he opened the door that evening?

        He just opened the door and shot without asking questions. Who does that??

        Like

        • MurphysSpork

          I can see situations where someone may not talk, warn, or attempt to wait in SD situations. This is NOT one of them.

          He may have passed out and was awoken to the knocking and had no wits about him to find his phone or decide what was rational. But Wafer claims, about the time Renisha got into a car accident, he awoke to use the potty. He says he even brushed his teeth. Why not double check where your ONLY phone is? And why go to the kitchen where you never plug it in to look for it? Maybe he just needed to make up for the time it took him to get his gun and load it? Maybe why he never cocked another round is because he knew there was a young women on his porch and he knew his aim was deadly.

          Like

          • When my doorbell rings or there knocks, my first inclination is to look out the window to see if there’s a car in my driveway or in front of my house. If not, and it’s night, I make sure the porch lights are on. Then I call out “Who is it?”

            Not long ago it happened one morning. I thought maybe it was Jehovah’s Witnesses again, but it was a young man asking for if someone (he called the name) lived there. I said “No.” He said “Thanks. Sorry.” He had a bike at the end of my driveway, got on it and left.

            I didn’t have to open the door.

            What if it had been 4:30 a.m.? I would have done the same thing. If a person who should not be at your house is persistent, that is when you call 911. A can of wasp repellent that sprays up to 30 feet works well in the meanwhile.

            Like

            • MurphysSpork

              I have nonlethal choices as well. Even if they are armed. I will not get a 2-3 min 911 response. I feel why not take nonlethal means? I really rather not HAVE TO shoot someone. If I have to I will. If not I sure the hell can put a hurting on them and disarm them though and STILL claim SD and face the SOB in court!

              Like

        • yahtzeebutterfly

          I think his regular routine was to sleep off any excessive alcohol and be just fine in the morning. But, he was awakened before that by the “banging” on his door. He probably had the effects of a hangover when he opened his front door.

          Like

  10. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    judge back on bench..

    says she found only case law on deposition..but of the opinion that if there is error “we might as well point it out to the jury”.

    Like

  11. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros. objects saying transcript can correct on re-dirct..and that def. shld have raised mistake earlier.

    asst pros pat muscat says pointing it out make it look like “we did something wrong” but judge says “you didn’t do anything wrong”

    muscat: “we can fix” and def. can argue “she fell backwards.”

    def had raised in earlier motion hrg’s to admiss. of the transcript into the trial

    def atty “it’s not a miniscule point”

    Like

  12. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    Wafer on stand now

    cross exam begins : asst wayne co. pros. athina siringas doing the ques

    Like

  13. yahtzeebutterfly

    https://twitter.com/idabeewells

    DEFN/WIT #TedWafer back on the stand. PROS asks about after #RenishaMcBride was shot; anything diff done to door, shotgun placed on floor

    WIT left front door open but screen door shut and locked; Wafer went to find phone and call 911.

    Like

    • MurphysSpork

      @TheTrialFile#TheodoreWafer back on the stand Pros. asks “did you change anything about the front entry before calling 911. (Weird question to lead w)1:43 p.m. Tue, Aug 5

      Like

  14. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS asks if WIT told police he could not find cell phone; PROS asks for clip of vid to be played; clip says as soon

    as #RenishaMcBride fell backward he went to the phone; Wafer says not what he meant; PROS also asks did WIT not say

    “i should have called you guys first” ?
    #RenishaMcBride

    Like

  15. yahtzeebutterfly

    https://twitter.com/idabeewells

    WIT did not tell police he could not find his phone.

    Like

  16. yahtzeebutterfly

    https://twitter.com/idabeewells

    WIT was interviewed by Lt. Saratowski (sp?) of Dearborn Heights Police Department

    WIT says he has listened to vid/interview twice; concurs not telling police about phone is “nowhere” in video;

    Like

  17. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    siringas to wafer: “(You never went to your jean pocket (to get your cell fone) until after you shot renisha mcbride right sir??

    https://twitter.com/idabeewells

    PROS says if phone is always kept in front right pocket, why did he not go look there? WIT says not when he’s at home

    Photo– Ted Wafer on the stand under re-direct from the prosecution

    Like

  18. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    siringas to wafer: “(You never went to your jean pocket (to get your cell fone) until after you shot renisha mcbride right sir??

    https://twitter.com/idabeewells

    PROS says if phone is always kept in front right pocket, why did he not go look there? WIT says not when he’s at home

    PROS states WIT testified he looked for his cell phone on counter, in kitchen, ned to chair, but never went to his jeans

    Like

  19. yahtzeebutterfly

    Photo– Ted Wafer on the stand under re-direct from the prosecution

    Like

  20. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros asks wafer about him not telling police during ques that nov. 2 morning that there was pounding on side/back door and only one person

    siringas going over diagram of layout of wafer home with him

    Like

  21. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS “you don’t use your phone a lot?” WIT concurs. PROS says not a teenager. WIT concurs. PROS reiterates you did not

    call 911 because you could not fine your phone. WIT concurs. PROS if the shooting happened quickly, WIT concurs.

    PROS if WIT told police there was pounding on side door; WIT concurs; PROS asks if it then went to front door; WIT concurs

    PROS asks WIT you never told police pounding happened simultaneously; WIT concurs

    PROS says you saw someone go down yr steps and turn right; WIT concurs

    PROS asks about getting to living room area from kitchen; DEF exhibit, diagram of Wafer’s home, is admitted for PROS to use

    PROS asks if true WIT never told police he heard banging, noises coming from back of house, back window; WIT concurs

    https://twitter.com/oralandar_DN

    pros asks wafer if he ever told police about banging at back door..he says no

    Like

  22. yahtzeebutterfly

    Like

  23. MurphysSpork

    The man was angry. He testified to being “mad”, not in fear when he went and retrieved his gun.

    Like

  24. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS asking how Wafer went from back room where tv is into front areas of home while banging occurring

    PROS says its fair to say you don’t keep a tidy house; WIT says he lives alone, cleaned stuff out of locker @work,

    WIT hadn’t organized anything yet; clutter in home.

    https://twitter.com/oralandar_DN

    Like

  25. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS asks WIT if its shorter distance between front door and side door inside his home than for someone on outside

    WIT thinks its the same distance; PROS asks about knocking; WIT says was not knocking, pounding

    Like

  26. yahtzeebutterfly

    https://twitter.com/idabeewells

    WIT concurs; PROS asks if police were there quickly after call; WIT concurs; PROS asks if he knows Dearborn Heights has

    a good police dept; WIT concurs; PROS asks if u told police u don’t pick up prostitute because “u guys are too good”

    Clip from video is played in court; WIT concurs.

    PROS asks about good surveillance from DHPD; got a ticket for blocking sidewalk/driveway; PROS about how animated he got

    when discussing ticket he received from them for that instance; WIT says its water under the bridge now

    Like

  27. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS asks if WIT told police he was going outside, investigating noises because he was mad; WIT concurs; PROS asks didn’t

    ask you if you were scared; WIT concurs; PROS says you never told police you were scared until they asked; WIT concurs

    Like

  28. yahtzeebutterfly

    https://twitter.com/idabeewells

    WIT says he didn’t want to come across as less of a man; PROS asks did u say you were full of piss and vinegar;

    Like

  29. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    wafer: “I was upset..” says “it looks like I said something…nothing came out..it was in my head.”

    https://twitter.com/idabeewells

    PROS asks to play clip from vid where Wafer talks about opening door and being full of “piss and vinegar”

    PROS asks if Wafer told police he said something at this point; WIT denies, saying it did not come out, it was in his head

    PROS asking if police treated him kindly, offered him coffee, told you u didn’t have to talk to them; WIT concurs but says

    he felt he couldn’t leave; PROS says police told you u could leave; WIT says he didn’t know how he could leave

    Like

  30. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS asks that WIT knows he’s just done something serious; just shot someone on porch; person has big gaping hole in face

    https://twitter.com/oralandar_DN

    wafer: “I didn’t stare at the body to really undertand the wound.”

    Like

  31. MurphysSpork

    Wafer is getting tore up! 😉

    Like

  32. yahtzeebutterfly

    https://twitter.com/idabeewells

    WIT says he did not look at the body; PROS asking if WIT understood police were attempting to get statement out of him

    https://twitter.com/idabeewells

    siringas asking wafer about him knowing that he was being recorded..now asking about his contention that shootng was accidental

    Like

    • yahtzeebutterfly

      https://twitter.com/oralandar_DN

      siringas asking wafer about him knowing that he was being recorded..now asking about his contention that shootng was accidental

      pros showing video police interog:

      https://twitter.com/idabeewells

      PROS stating you knew you were being recorded didn’t you, to WIT; WIT says he was just trying to be cooperative

      PROS asking you told police it was an accident more than once; WIT says he doesn’t think that was in there

      PROS asks for vid to be played; clip shows WIT saying gun “just went off”

      Like

      • MurphysSpork

        Sorry for delay…..

        https://twitter.com/TheTrialFile
        Prosecutor says: “You knew you were being recorded didn’t you?”#TheodoreWafer says he was just trying to be cooperative

        Pros. tells #TheodoreWafer told police it was an accident more than once Wafer says he doesn’t think that was in there

        Video clip is played with #TheodoreWafer stating clip shows the gun “just went off” 

        Pros. asks #TheodoreWafer if he told police as banging got louder he went and got his shotgun

        Pros. says is there anywhere in the transcript that he said he heard metal hitting his front door

        #TheodoreWafer says he didn’t think so or that he picked up bat

        Prosecutor says you did not tell the police about this intermediate step, of getting a bat first, did you?

        The prosecutor says in 3 statements to police you never mention a bat. Now testifying you say you got a bat first

        TheodoreWafer says gun discharged and unfortunately #RenishaMcBride was right there.

        The prosecutor points out that #TheodoreWafer didn’t the tell police that #RenishaMcBride came from the right side

        Prosecutor says that #TheodoreWafer testified yesterday he intentionally shot #RenishaMcBride because it was “them or me”

        Pros.: “You either shot on purpose or you shot in fear, which one was it?” #TheodoreWafer: “I shot in fear” Pros: “You shot on purpose”

        Like

  33. MurphysSpork

    In case anyone is wondering why prosc. is going down this path you can start here from his testimony yesterday.
    https://blackbutterfly7.wordpress.com/2014/08/04/ted-wafer-trial-august-4-2014/#comment-34562

    Like

  34. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS asks WIT he told police as banging got louder he went and got his shotgun

    Like

  35. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS says u did not tell police about this intermediate step, of getting a bat first, did you? WIT concurs

    PROS says in 3 statements 2 police u never said anything about a bat; now on stand testifying you say you got a bat first;

    WIT concurs.

    PROS says vid clips says gun discharged and unfortunately she was right there; PROS asks did not tell police

    person came out from side quickly;

    PROS says you testified yesterday you intentionally shot because it was them or me; WIT concurs

    Like

  36. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros says anywhere in transcript that he said he heard metal hitting his front door. Wafer: says he didn’t think so or that he pickd up bat

    wafer says gun discharged and unfor. mcbride was right there. pros points out that he didn’t tell police that she came from right side

    as he testified monday.

    wafer says he didn’t know mcbride was a girl, what race she was..

    Like

  37. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS & WIT sparring over figure/person, shooting in self-defense/in fear, shot on purpose, aiming or gun simply was raised

    Like

  38. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS asks what was about #RenishaMcBrfide that made him so afraid? WIT says this was violent; never heard such banging B4

    PROS asking if when he shot #RenishaMcBrfide, was she banging on door; WIT says no

    PROS asks if #RenishaMcBrfide was shorter than him; WIT says no

    Like

    • yahtzeebutterfly

      https://twitter.com/oralandar_DN

      wafer: “there was no aiming..” says he just shot in fear..says when he shot mcbride she was not banging on door

      Like

    • MurphysSpork

      https://twitter.com/TheTrialFile
      #TheodoreWafer “There was no aiming, I just shot in fear” Stating when he shot #RenishaMcBride she was not banging on the door

      TheodoreWafer says he thought people were coming into his home. Pros. asks if anyone ever came into his house “no” 

      #TheodoreWafer says the banging on door was violent & that “isn’t the way you look for help” Pros: “shoot first and ask questions later??

      Like

  39. yahtzeebutterfly

    https://twitter.com/idabeewells

    WIT says he thought people were coming into his home; PROS asks if anyone ever came into his house; WIT says no

    https://twitter.com/oralandar_DN

    Wafer:”I drew first. The threat that was coming in my house.”

    Like

  40. Wow what’s piss & vinegar? does that mean he was mad? he totally fucked up by saying how mad he was to cops. even with those lame jury instructions, he said he was MAD!

    however, I have to admit, I had a little bit more compassion for him during his testimony because he admitted that he took away that young girl’s life. ….
    …up till he started pretend crying! that was fake and deplorable. I hate fake crying! he should’ve just left it w/o the theatrics and would’ve came off more believable to me.

    Like

    • MurphysSpork

      Yes. It means mad.
      I have no compassion for someone who is up there lying to save his own ass for something he chose to do when he had other options.

      Like

      • yeah but you gotta admit, fake crying & feigned remorse is a novel defense strategy these days.
        these defendants never even pretend to be sorry,
        his lawyer must be new.

        Like

        • MurphysSpork

          I will admit that! 😉
          At least this idiot has tried to show remorse unlike the one who shall not be named 😛

          Like

  41. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    wafer says banging on door violent and that that “isn’t the way you look for help” pros: “shoot first ..ask ques later?????

    Like

  42. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros asks about metal noises on front door and points out that he didn’t tell police about door being off the track.

    he says he thought police saw the screen door

    Like

  43. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros: did someone enter your house. Wafer: not but that’s what I thought was going to happen shortly

    wafer says he thought EMS wld come and help McBride. pros: you think EMS cld save her from what you did??

    Like

    • yahtzeebutterfly

      https://twitter.com/idabeewells

      WIT says if EMS had shown up #RenishaMcBride might still be here;

      PROS asks if he thought EMS could’ve saved #RenishaMcBride from what he did to her; WIT says EMS at site of car accident

      PROS states so its someone else’s fault?

      Like

  44. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    video taped being shown of first officers to wafer house following shooting of mcbride

    Like

  45. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS asks if WIT looked at #RenishaMcBride after he shot her; did he see her brain matter on his door; WIT says no

    Like

  46. MurphysSpork

    I think defense and defender´s of Wafer are making much adue about nothing when it comes to a screen being popped out. It is not like she was in the process of climbing through it.

    Like

  47. yahtzeebutterfly

    Photo of Monica McBride in Courtroom

    Like

  48. yahtzeebutterfly

    idabwellsinstitute @idabeewells · 25s
    PROS for 5 minute break

    Like

  49. yahtzeebutterfly

    https://twitter.com/idabeewells

    Jury excused; DEF says she wants on record that a juror passed a note to a deputy: thinks its a question 4 Wafer; sidebar

    Like

  50. MurphysSpork

    https://twitter.com/TheTrialFile
    #TheodoreWafer says he didn’t know the person knocking was trying to get his attention. He thought they were trying to beat the door down.

    Like

  51. MurphysSpork

    I am sorry, but his stories makes no sense. He is attempting to get himself a hung jury by making all these different claims. It sure is not a self defense case after his testimony.
    He is flip flopping even on the stand.

    Like

    • yahtzeebutterfly

      I hope that the jury will conclude he is lying because his stories makes no sense and hand down the appropriate verdict.

      Like

      • MurphysSpork

        We shall see. I did not check out jury makeup this trial to even begin to comment on what they may pay attention to, or may argue in deliberations. Hard to say even if the makeup is known.

        There is always the possibility of a hung jury. I think that is what the defense is hoping for because they are aware what they had presented is vastly different than what he told police and what evidence shows.
        I think Pros. has some uphill though on what could have been forensically collected, and the defense is aware of that to. This is why they took the approach they had to either get Manslaughter, or hung jury.

        Like

        • yahtzeebutterfly

          Thanks for your insightful comments.

          Like

        • I’d make the same argument in wafer’s case that they really should have made in the dunn case about the ‘mystery shotgun’.
          if wafer had said the same thing at the time of the murder that he’s trying to say now, the forensics would’ve been collected.
          if dunn said he saw a gun once the police showed up after he shot and killed Jordan instead of going home for a stiff rum&coke &pizza, then he could’ve claimed the police didn’t do a good enough job.

          Like

          • MurphysSpork

            I agree. However in that case there is a SYG element. That is a law in Florida with other elements not found anywhere else. I will never visit or even travel through Florida for that very reason.

            Like

  52. MurphysSpork

    His testimony about EMS being able to help Renisha just goes to show you this man had a disregard for life, was not reasonable, or rational! I must dismiss his testimony on how he decscribes the banging.
    Shooting someone for fear alone is not lawful. Prosecution did a great job so far to show Wafer was not honest, nor could he have had a reasonable belief he was under siege and afraid for his life, or serious injury. He left his front door open when he went to get his gun, amd he said he was mad when he retrieved the gun, and mad when he was going to face whoever was knocking!

    Like

  53. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS says B4 break we were discussing what WIT told officers when they arrived on scene, how he described incident

    WIT says he was looking out peep holes and windows; on witness stand he said peep holes;

    PROS says WIT stated yesterday he saw someone jumping off porch and running to his right;

    https://twitter.com/oralandar_DN

    pros asking about his comments about a figure jumping off porch going to the right

    Like

  54. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS says WIT also told this to Lt. Saratowski; WIT concurs; PROS asks all this can be ascertained thru a peep hole

    WIT says yes, he can see all the way to his sidewalk thru his peep hole

    Like

  55. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS asks, you stated yesterday, there was no place in his hPROS asks you opened

    PROS asks you opened door to expose yourself to what was happening; WIT concurs, says he was still in house

    Like

  56. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    wafer says he did not go on porch and he was 2 feet away from screen when he fired. “i remembered raising the gun”

    pros: “it was a human being right?” Wafer “yes” to his comments about not knowing who he shot

    Like

  57. Xena, thank you for the jury instructions!

    Like

  58. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    Wafer: “it just came up in a reaction to my other hands..i don’t have it in both hands while im opening the door.”

    pros: you raised your hand up..you raised your gun at you pointed at renisha mcbride. pros: self defense .you got a lot of buzz words

    wafer says he had to protect himself..pros. self defense>>>you have a lot of buzz words mr. wafer. he says “i did not know the gun was load.

    https://twitter.com/idabeewells

    PROS asking about his raising his gun and shooting #RenishaMcBride; WIT does not remember raising his gun

    PROS asks how close he was to the screen; WIT says 2 feet,

    Like

  59. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS says you leveled the gun and shot; WIT says the gun just came up; he had it down by his side

    Like

  60. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    wafer said he loaded his gun last the night his car was paintballer..

    pros shows in police interog. video wafer talking about when he last loaded his gun

    says it was the night the tigers lost american league champ.

    Like

    • yahtzeebutterfly

      https://twitter.com/idabeewells

      PROS asking about WIT’s gun being loaded, when he loaded it; DEF opening statement saying he got his loaded gun;

      PROS asking about when gun was loaded, date WIT says; night of a baseball game; WIT says he doesn’t recall;

      https://twitter.com/oralandar_DN

      pros asking what day tigers elim. she was oct. 19..less than two weeks from the Nov. 2 of mcbride

      Like

    • yahtzeebutterfly

      https://twitter.com/idabeewells

      PROS asks to play vid of police interview; WIT tells police of paintball incident, says gun was loaded night Tigers lost

      Tigers lost Am League Champ, Oct. 19, two weeks from Nov 2, 2013 shooting of #RenishaMcBride

      WIT says he thought it was longer ago, when he loaded his shotgun

      PROS says less than two weeks, you want this jury to believe you didn’t know it was loaded?

      PROS asks if WIT ever told police his car was paintballed. WIT says no

      https://twitter.com/oralandar_DN

      pros asks wafer if he loaded his shotgun because someone had paintballed his vehicle..asked if he made police report about it..he said no

      wafer said “he thought” he loaded the shotgun awhile back..not as recent as two weeks before mcbride shooting

      Like

    • MurphysSpork

      Looks like Wafer was willing to put a cap in paintballer´s too!

      Like

  61. MurphysSpork

    I sometimes wish I could just turn off my phone! Errrrg.

    Like

    • yahtzeebutterfly

      I have been putting mine on “speaker” each time it rings 🙂

      Like

      • MurphysSpork

        I wish I could. I am outside. Personal calls.
        If I thread tweets I would not expect them to add too much. Although, she is adding things others are not I suppose because she believes Wafers testimony is proving SD. 😉

        Like

  62. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros: you want jurors to believe that you were scared yet you went to that front door with a loaded shotgun. wafer: that’s what i did

    PROS asks wouldn’t that be a memorable event, loading gun because car was paintballed?

    Like

  63. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros: you want jurors to believe that you were scared yet you went to that front door with a loaded shotgun. wafer: that’s what i did

    Wafer:I did know the gun was loaded.. I forgot about it…it was in the ready position after I shot yes..the safety was on in the case.”

    pros: your whole story before you got into a trial that this was an accident..

    pros says wafer wanted to convey to police that he was inexperienced with guns. she asks him if he has hunter before and wafer says yes

    sidebar

    https://twitter.com/idabeewells

    PROS asking about safety on gun; WIT said he took off safety; PROS asks if gun was for show, why take it off safety?

    PROS: u want jurors to believe u were scared, yet u went 2 that front door w/ a loaded shotgun? WIT says “that’s what i did”

    Like

  64. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    back in session..wafer stil on stand..not hunted with his mossberg 500, his weapon that he is accused of shooting mcbride with

    pros showing police ques. video again

    Like

  65. MurphysSpork

    So Wafer feels had his car been vandalized he would have been able to shoot the vandlers? Hummmm. This guy was aching to pull a gun on someone weeks before shooting Renisha.

    Like

  66. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS asking about lighting conditions outside WIT’s house; asks if WIT told police lighting conditions were very good

    Like

  67. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    police on tape asks wafer about lighting in his home and porch and street light that “lights up very well.”..wafer says lights the street up

    https://twitter.com/idabeewells

    because house on corner, streetlight lights up area very well; WIT says on stand he meant it lights street up very well

    Like

  68. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros: your house buttoned down pretty good, right??
    wafer: … to me it’s pretty secure

    Like

  69. MurphysSpork

    Hate to bug, but does anyone have the TL of when his call was made to when police showed up?

    Like

    • yahtzeebutterfly

      I will look it up, but I want to say the police arrived 3 minutes after he hung up.

      Like

      • MurphysSpork

        My recollection is between 2-3 mins.
        I ask because he was dressed when police arrived. He testified today that he felt if EMS arrived they could help who he shot. He never called EMS.
        But in those 2-3 mins. it took for police to arrive he got dressed? Never checked on Renisha, and never asked for EMS, yet claims he was not aiming for her face?

        Like

        • yahtzeebutterfly

          hmm…says a lot

          Like

          • MurphysSpork

            I know you hate those details. But, truthfully the angle in which he shot was no instinct, it was not an accident, and unjustified due to either story he has told so far. He opened his door. He left his door open when he went to get his gun. This is HIS testimony.
            Now, maybe he did wise up on the stand and knows what he did is wrong. Do I think he is remorseful? Yes and No. Yes, that he went along with his attorneys. No, in the light of the fact that he refused to take responsibility.

            Like

  70. MurphysSpork

    https://twitter.com/TheTrialFile
    The prosecutor asks #TheodoreWafer:”Why were you crawling around your house?”

    #TheodoreWafer responds (in regard to crawling)”I didn’t want anyone to see me in there, that is why I crawled”

    Like

  71. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros asking “why are you crawling around your house..”wafer: i didn’t want anyone to see me in there..that’s why i crawled

    siringas asks wafer if he is paranoid..he says he was put on edge in ref. about crawling..

    showing video of wafer talking to police about being paranoid about being paintballer

    pros: you said you didn’t know what was going on.
    wafer: it’s clear to me that someone was trying to gain entry.

    def objects to pros showing video ..saying jurors already saw it monday

    Like

  72. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    now pros and def atty trying to sort through another word in audi and transcript. judge telling them not to solely rely on trans. use audio

    Like

  73. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    wafer says he cldn’t remember everything then but has had time since shooting to process everything

    Like

  74. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros shows pic of wafer shotgun near front door

    Like

  75. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros asks where in house wafer went to look for cell phone after he shot mcbride..says he first went to kitchen..found it in bathroom

    ***** pros asks wafer about leaving front door wide open as he went looking for phone and his statements about fearing tht mult peo. being outside

    Like

  76. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    sidebar after juror gets afraid of wafer shotgun being held by pros. judge says “put it downward..”

    before sidebar pros asking if wafer was looking for a confront with kids he thought was messing with him when he went to door armed.

    Like

    • yahtzeebutterfly

      That action by the juror indicates that juror’s belief that Wafer really did not know the gun was loaded…..That juror thinks that the prosecutor may have a loaded gun (wafer’s) and not know it.

      Like

  77. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    he said he wanted to end confront and pros says “you sure ended it..”

    https://twitter.com/idabeewells

    PROS asks if true WIT was looking 4 confrontation with kids he thought were messing w/him, why he went 2 door armed

    Like

  78. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS saying WIT knew #RenishaMcBride was young; knew she was unarmed; WIT says he didn’t know if she was unarmed;

    PROS asks if he saw any weapons? WIT says no; WIT says it was a split second

    https://twitter.com/oralandar_DN

    pros: you know renisha mcbride was young..you knew she wasn’t armed..wafer: i didn’t know that ..i didn’t know if there were any weapons

    found on her..”not in that split second..no”

    Like

  79. MurphysSpork

    I am going to pause for a second and say how hard it must be for Renisha´s family to be sitting in the court seeing this guy lying his ass off about needing to kill their daughter, sister, niece, and friend.

    Like

  80. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros done..re-direct now by def atty..wafer talking emotionally about shooting and mcbride

    def atty: you wish this hadn’t happened to you
    wafer: of course. i don’t know why this was brought to me. i didn’t go out looking for this

    wafer says after hearing lot of testimony he didn’t think they did good (job) but not for him to decide.

    def atty asks wafer to clarify about his screen door at police dept. he says he wanted to replace it cause he didn’t want empty screen area

    wafer says he switched out screen door and didn’t touch or tamper with..put it in basement of his home

    def atty says wafer if he ever stepped out on his porch during the incident. he says no

    wafer says “nothing came out” during shooting..did not speak during the shooting

    def atty asks him if she ever told him what to say..he says she said just to tell the truth..lunch break ..back at 1:30

    Like

  81. yahtzeebutterfly

    https://twitter.com/idabeewells

    WIT’s begins to show strain; no tears; DEF wants WIT to explain to jury why he didn’t say some things to police;

    WIT says he was trying to be cooperative; DEF asks you wish this hadn’t happened to you; WIT says of course.

    Like

    • hadn’t happened to YOU? OMG – what about Renisha – doesn’t he wish it hadn’t happened to HER??? OMG!

      Like

      • butterflydreamer2

        I guess a better option would have been “YOU SHOULD HAVE JUST CALLED THE POLICE.” and that came right out of the horses mouth. So I guess there was another option. Guilty as charged…..

        Like

        • yahtzeebutterfly

          Yes, I think he said to the police that he wished he had called the police….sounds as if a lost cellphone was not an issue for him at the police interview…It became one when, in the decision by the preliminary-hearing-judge, said that if Wafer was scared, he should have called 911 and not opened his front door.

          Like

    • butterflydreamer2

      Trying to make himself out to be the victim…..Sounds familiar…..What else was I suppose to do, it’s everyman for himself.

      Like

      • MurphysSpork

        The repeating story with these guys is that they all assume and escalate the events and were annoyed atm.
        GZ left his car. Dunn was bitching about music. Wafer admits to piss & vinegar.

        How ANY SD defender can use these guys as examples is beyond my comprehension.Those with guns should avoid confrontation at all costs! If you don´t well, then I don´t want to hear moaning about an arrest!

        Like

  82. MurphysSpork

    They are on lunch break ATM. Let me grab these tweets. Then I am off to an errand.

    Like

  83. I have this nagging feeling this guy will be acquited. Don’t they, always? Just like what happened to a Japanese exchange student who knocked on the wrong door ( he was going to a party ). The shooter was acquited… his defense… he was trespassing on his property.

    Like

    • yahtzeebutterfly

      Welcome, renxkyoko 🙂 Good to see you here.

      I am so praying that Renisha will receive justice.

      It is so sad that the Japanese exchange student did not receive justice. May he rest in peace:

      Like

    • MurphysSpork

      As unfortunate as Hattori´s death is I do not see similarites. During the criminal trial it came out the homeowner did mistake part of his costume as an actual weapon. Hattori stepped toward the owner after he answered the door, believing the door was being answered for a party, he laughed and continued to move fwd.

      The homeowner was sued and Harttori´s family won a civil suit. After the trial, Peairs told the press that he would never again own a gun.

      I find it distrubing there are defenders of these shootings who make up defenses for such irrational fears or escalate the situation instead of attempt to diffuse them so they do not HAVE to use their gun.

      Like

  84. yahtzeebutterfly

    Court will reconvene in about a half an hour at 1:30.

    Like

  85. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    jury instructions cld begin this afternoon and closing arguments tommorrow at 9 a.m.

    Like

  86. MurphysSpork

    What I am noticing is there are some Wafer defenders who initially were wanting an acquittal, are guessing on a Manslaughter verdict after Wafer´s testimony.

    I can´t make heads or tails of where the Defense is going with the screendoor this entire time. Are they trying for acquittal or Manslaughter?
    I know what they are attempting to convey, as some of Wafer´s defenders have used that to defend his shooting Renisha, along with her being a drunk, super human that deserved death.
    I ignore those ones though.

    In reality, depsite what Wafer may have felt about being disturbed that morning, his actions prove he was anything but in fear for his life from a home invasion seige as was produced by Carpenter in opening. I think even Wafer knows this. Carpenter knows had Wafer stepped on his porch she may have recommended a plea. There now is this thin line she walked. She attacked Renisha for being drunk. She attacked Renisha for refusing treatment at the accident scene. She attempted to use missing forensics to prove Renisha was a drunk super human shaking the entire house. She tried to make police look bad for not collecting evidence for her client who claimed he was being seiged upon. Her experts were phonies, and impeached.
    Then placed the race card.

    This is a badly written story. Let´s hope the Michigan Jury sees this.

    Like

    • MurphysSpork

      Some on both sides are saying hung jury.

      My prediction? I have none. There are 3 outcomes. It is a guess with 12 factors.

      I believe the prosecution proved the charges though.

      Like

  87. wakey time in california — good morning all!

    man, this dude is a disaster on the witness stand. i think the prosecution did a great job of exposing his multiple stories (aka lies). sounds like wafer had to sit up there and eat a giant shit sandwich for breakfast was the jury looking on.

    Like

    • yahtzeebutterfly

      Hey, faux. 🙂

      Like

      • morning yahtzee! was just thinking that if i were ever on trial and wafer was the only witness who could corroborate my story, i’d have to consider that seriously. words cannot express what a disaster he is when not being coddled by his on lawyer.

        Like

      • heya yahtzee — again, thank you for all of your re-tweeting. it is very helpful for me to get up to speed quickly and still respect my necessity for sleep. thank you, yet again.

        Like

    • MurphysSpork

      Morning!

      You catch up quick! 😉

      Like

  88. yahtzeebutterfly

    https://twitter.com/idabeewells

    Court in session, judge on bench, no jurors in yet

    Jury Instructions: Judge referring to statute that says person must be in process of breaking and entering;

    Judge states, re statute, per Wafer’s testimony, #RenishaMcBride was not in process of breaking and entering, was coming from side of house

    Judge obviously referring to at time she was shot; DEF says Wafer was clear, she was coming into his home

    DEF says its for the jurors to decide, not the judge

    PROS says jury instructions are relevant at time; #RenishaMcBride was two feet from Wafer; no evidence she was ever breaking and entering

    Like

    • yahtzeebutterfly

      https://twitter.com/oralandar_DN

      PROS says jury instructions are relevant at time; #RenishaMcBride was two feet from Wafer; no evidence she was ever breaking and entering

      pros says there is no evid mcbride attempt to break in ..no locks damaged..

      judge said earlier no evid to support instructionson home invasion because no evidence of breaking/entering

      jurors are not in courtroom while lawyers argue over whether break in/home invasion put in jury instructions

      judge says based on info presented before jury shows no evidence of break in

      https://twitter.com/idabeewells

      PROS says no evidence #RenishaMcBride was ever breaking and entering

      Judge says based on evidence before court, there was no evidence of breaking and entering

      DEF says plenty of evidence of breaking and entering, and would have even more if police had done their job thoroughly

      DEF says what about screen door being dislodged? Judge says it could’ve been dislodged long before #RenishaMcBride got there;

      Judge says Wafer testified he never used that door (and that friends, etc., know to come to side door)

      Like

  89. MurphysSpork

    https://twitter.com/TheTrialFile

    The defense is currently arguing a motion for jurors to be able to consider some elements in the case while they deliberate. 

    Like

  90. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    judge says “i’m going with what the evid shows..”..def atty cites castle doctrine

    def atty wants “a person’s porch is part of one’s home”..pros objecting..”no evidence he was on his porch.”

    pros: he was never on the porch..he did not have duty to retreat..says the instruction wld confuse jury

    Like

  91. MurphysSpork

    https://twitter.com/TheTrialFile
    Elements such as:
    -Breaking in
    -Home Invasion
    Prosecution says no because there is nothing that supports #RenishaMcBride was breaking in

    Like

    • yahtzeebutterfly

      Well, I do worry about that because that one juror was fearful of Wafer’s gun being possibly loaded in the courtroom even though the prosecutor knew it wasn’t loaded.

      Sounds as if she has bought into Wafer’s assertion that he did not know his gun was loaded when he went to his door and pointed it at Renisha.

      Like

  92. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    judge: “if someone were on their porch…they have a duty to protect themselves” pros says def atty going to try to use porch in castle doc

    https://twitter.com/idabeewells

    PROS now arguing that instructions should not add porch as part of Wafer’s home; says DEF wants to create false impression

    False impression that #RenishaMcBride was actually in Wafer’s home; PROS argues Wafer was clear, said he never left his house

    Like

    • MurphysSpork

      ” judge: “if someone were on their porch…they have a duty to protect themselves”
      That had to be a misquote? My end is silent on this. They are sploddy heading it.

      Like

      • yahtzeebutterfly

        But Wafer was never on the porch….isn’t the judge saying that?

        that judge would only consider it if he had been on the porch?

        Like

        • MurphysSpork

          I should laminate. Castle doc. does extend to a “stoop”. But for the argument in this court today w/Judges statement of “duty to protect” that was opinion, not law. Especially due to the “duty to retreat” argument that was going on. There is no “duty to protect law” in self defense!

          Like

        • MurphysSpork

          She in the end through both sides arguments is leaving it up to the jury with the exception that gross negligence was added. She did not allow Defense special instruction on duty to retreat. That was already decided because it is part of the instruction. Defense wanted special instruction to tell the jury that because he did not go to the porch he had no duty to retreat. They lost that special instruction and Judge said it was known he did no go onto the porch.

          Like

      • my understanding of this would be that if you were on your porch and somebody made a credible threat, that you would have no duty to retreat and could defend yourself.

        Like

        • MurphysSpork

          If someone makes a crediable threat no matter where you are you always have the right to self defense. It is the duty to retreat which comes into play.

          Like

          • what i was trying to say is that i think the judge misspoke. instead of saying ‘duty to protect’ which does not exist, i think she meant to say ‘no duty to retreat’.

            Like

            • MurphysSpork

              I think she misspoke. 😉 Hey. MurphysSpork is my definition of Murphy´s law! 😉
              I got what you said straight down the middle my friend.

              Like

  93. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros: “there’s no duty to retreat issue..he never went on the porch”

    pros: def atty trying to give false impress.that renisha mcbride did something wrong by being on wafer’s porch.”but he’s not on the porch!”

    def atty: “he has every right to open that door. he’s still in home.”

    https://twitter.com/idabeewells

    PROS does not want an instruction about “duty to retreat” when there is no “duty to retreat issue”;

    DEF says, for record, does not know how PROS knows what DEF is going to argue in closing.

    DEF says Wafer had every right to open his door; he is still in his home

    Like

  94. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    def atty says smudge marks on door, AC units, woven pattern on main front door shows mcbride trying to break in..

    Like

    • yahtzeebutterfly

      There’s your answer, Murphy, as to what the Defense is up to regarding screen door.

      Like

      • MurphysSpork

        Ahha. But…. see makes no sense on putting in the freaking no duty then, cause he never left his house!

        Like

      • MurphysSpork

        Defense played for SD and manslaughter on the locked screen door for no duty instruction! LOL. This is as bad as Carpenter fighting for Renishas social media before she died, and the crime map.

        Like

  95. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros. wants gross negligence considered in murder 2 instruction

    you don’t have to aim a gun in gross negligence in murder 2. judge says she will give it as a “lesser”

    https://twitter.com/idabeewells

    Judge says instruction 7.16a will not be included – might have that number wrong – things going fast

    Discussion now on an instruction on another lesser charge

    PROS arguing that “gross negligence” is suitable as an instruction; says Wafer was “coached” on not using word “aiming”

    PROS says “aiming” is one of elements needed in earlier charges; Judge concurs, allows instruct on “gross negligence”

    Like

  96. MurphysSpork

    ” pros. wants gross negligence considered in murder 2 instruction”
    Yes!

    Like

  97. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    pros. talks about “false exculpatory statements” that wafer allegedly in the case referring to two theories on shooting: accident/self def.

    pros wants instructions given on “exculpatory statements” def atty says they have proven there are false statements made by wafer

    judge: “this is such and unusual instruction” about so-called exculpatory statement.

    https://twitter.com/idabeewells

    PROS says “false exculpatory statements” that Wafer allegedly made in case

    PROS says statements show two theories on shooting: accident AND self defense. Says an instruction can be made on

    “false exculpatory statements” as evidence of guilt, and jury should be instructed as such

    Like

  98. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    judge: “noone knows what (mcbride) was doing ” for 3 hours before shooting
    in answer
    to def atty’s claims mcbride was trying to break into wafer home

    https://twitter.com/idabeewells

    Judge says instruction will be given

    Like

  99. MurphysSpork

    The jury has a duty peeps.

    Like

  100. yahtzeebutterfly

    https://twitter.com/idabeewells

    PROS says evidence of flight, giving a false statement to police shows evidence of guilt; Judge says statements in consist

    Judge says PROS thinks statements were false, up to jury to believe that or not

    DEF says, speaking of evidence of flight, #RenishaMcBride fled scene of accident earlier & that is related to breaking and entering.

    DEF says #RenishaMcBride’s behavior from fleeing scene through to appearing on Wafer’s doorstop shows she was breaking and entering.

    Judge says “i don’t know what she was doing; no one knows what she was doing” re time between car crash & Wafer’s porch.

    Like

  101. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    def attys and pros still hashing over jury instructions that wil be given …jurors not in courtroom

    Like

  102. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    def atty tells judge how juror “reacted in horror..saying Oh My God” as pros handled gun during cross exam of wafer.asks for mistrial incase

    pros the gun was used in this case by many peop. there was nothing inappropriate by what happened. the gun is not loaded.

    Like

  103. MurphysSpork

    This all is happening now because Wafer decided to testify. I am okay with the Judges rulings. I disagree with her stating someone has a duty to protect themself on a porch as broad statement.

    Like

    • yahtzeebutterfly

      But Wafer was never on the porch….isn’t the judge saying that?

      that judge would only consider it if he had been on the porch?

      Like

  104. yahtzeebutterfly

    Photo of Renisha’s father:

    Like

  105. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    sidebar over..now waiting for jurors to come in.

    Like

  106. idabwellsinstitute ‏@idabeewells 30m

    DEF says, speaking of evidence of flight, #RenishaMcBride fled scene of accident earlier & that is related to breaking and entering.

    idabwellsinstitute ‏@idabeewells 30m

    DEF says #RenishaMcBride’s behavior from fleeing scene through to appearing on Wafer’s doorstop shows she was breaking and entering.

    – – – – – – – – – –

    i smell desperation and antiperspirant that is having a near death experience.

    i am not really liking these jury instructions though, i must admit.

    Like

    • MurphysSpork

      You are so descriptive. 😉

      I feel they are great instructions! Look, nobody wants a hung jury especially the defense!

      Like

      • i will need to see them in full print mode to have a firm decision. the tweet fest is scattered and hard to assimilate in this regard.

        the area of concern i have is regarding the porch being part of the home. i will reserve judgement until i’ve read them in their entirety.

        (glad you like my descriptions 🙂 thanks!)

        Like

        • MurphysSpork

          We have not gotten much this trial. Not even audio. Good luck on getting the instructions in writing. I hear some have been trying to collect for FOIA.
          So much for public confidence in the system.

          Like

          • jury selection and jury instructions are without doubt my favorite parts of trials and arguably the most important. i’m a nerd, what can i say? i like reading them. i am not holding out much hope in this case.

            Like

            • MurphysSpork

              Well you are not alone you NERD! Sept I love forensics too.

              Like

            • i do get a bit squished out with autopsy reports. i usually print them off, walk over to my mom’s house (retired RN) and make her go over it with me. at least i have someone with me who understands and i do not feel so all alone. if there is anything in there that doesn’t make sense, she has the reference books to look it up. she’s beginning to wonder what my sick fascination in trials and autopsies is all about.

              Like

            • MurphysSpork

              I avoid autosy. I ran across a Scientology case years ago, it gave me nightmares. I am talking finger prints, ballistics, DNA. Those forensics. I can read the autopsy and get the jist of it.

              Like

            • i think i know what you are talking about. understood.

              Like

        • crustyolemothman

          fauxmccoy, Here is the SCOTUS ruling they are basing the opinion that the porch is part of the house. Read the dissenting opinions and their concerns about this ruling…

          Like

          • crustyolemothman

            http://www.law.cornell.edu/supremecourt/text/11-564

            Here’s the link that did not make thru….

            Like

          • crustyolemothman

            It seems like the word press server is having problems, so I will once again try to post the link….

            http://www.law.cornell.edu/supremecourt/text/11-564

            Keep fingers crossed…

            Like

          • MurphysSpork

            Are they basing it off that case? That has to do with search warrants and probrable cause.

            Like

          • crustyolemothman

            MurphysSpork, Yes this is where the more liberal interpretation of the Castle Doctrine by the various courts in the states has come from. To better understand the actual changes to the prior and established opinions came from read the Dissenting Opinion written by Justice Alito. IMO, it is a stretch to eliminate the implied trespass allowed to a “front” door and place the protection of an open and unsecured front porch to be protected by lethal force at the whim on a person like TW… I might add, this case if TW is not convicted either by a vote of not guilty or a hung jury will have an adverse effect on the 2nd Amendment. You asked me recently did I wish to debate the gun issue, I’ll decline simply because it would have no real impact on the problem either for or against, I will suggest however that you folks who own and love guns need to start offering real and practical suggestion on how to bring the problem under control. If not you will soon, because of situations similar to this case will cause such a public outcry that you will not like the result. Continue to admit that a gun problem exists will not continue to work as deaths increase on a day to day basis…

            Like

            • mothman — i do not have any proposed solution for the gun problem that we clearly have in our country. frankly, i have not been proud of being an american for a long time and i have never believed in ‘american exceptionalism’. even when stricter gun regulations are favored by an overwhelming majority, including me (such as after sandyhook) we, as a nation accomplish nothing towards meeting that goal. the NRA has a choke hold on congress. i do not see this changing — even when we have the model of australia to look at and study.

              although i own a gun that my father gave me when i turned 18 and am accomplished with it, i have no love for it. i view it as a tool, a lethal tool, much as i view electricity or a vehicle. all have the potential to kill myself and others. my love is for my family and a few close friends. other than target practice, i have taken it out of it’s locked case twice, both times when someone was attempting to gain entry into my home. i refuse to feel bad about that. i do not want to live in a country where such things are common. my ‘stuff’ does not matter to me, it can all be replaced. that is why i have insurance. the lives of my children are something else entirely.

              for myself, i know that as soon as my mother has passed and my children grown — which will not be too many years down the road — i intend to leave this country. i honestly think that a large part of the gun issue is that as a nation we promote violence — violence abroad and within. a majority of this country celebrates the death penalty. i doubt this will change any time soon. my husband can do IT work anywhere and we are both ready to go. if all works well, he will be able to transfer to a foreign office for his company in a few years, there are many to choose from. i will drop my gun off the golden gate bridge on my way out of dodge.

              bottom line — i do not see this as a nation who truly supports peace and that shame leaks down upon each of us somehow, in spite of our own personal actions. i do not see that changing, until we are destroyed as a nation. right now, we are the world’s bully and i want out.

              Like

            • crustyolemothman

              fauxmccoy, unfortunately most gun owner/lovers are much like an Ostrich with their heads buried in the proverbial sand. When the general public finally reaches the saturation point in/of the deaths of the youth in our nation, change will occur despite the wealth and power of the GOP/NRA/TP… The choice for the gun lovers IMO is that they have two choices, one is to lose their toys, and the second is to dump the NRA and actually admit there is a problem and start to work towards a solution that is livable to them and the rest of the nation… The time to start is now because if they continue to ignore the problem it will not be in their best interest…

              Like

          • crustyolemothman

            Wow, my eyes are not working with my brain tonight, the wording of my post should not read as I wrote here:
            “Continue to admit that a gun problem exists will not continue to work as deaths increase on a day to day basis…”

            it should have read:
            Continue to deny that a gun problem exists will not continue to work as deaths increase on a day to day basis….

            Please forgive me for the poor grammar and spelling in my posts, my mind is not properly focused presently due to outside influences…

            Like

  107. MurphysSpork

    https://twitter.com/TheTrialFile
    ICYMI: Defense asked for a mistrial because prosecutor Siringas brandished #TheodoreWafer’s gun at jury.(1 juror gasped) -Judge denied

    Like

    • crustyolemothman

      That gasp from the juror has me concerned, I wonder if it was the same juror that was reported to be crying along with TW during his testimony? I am hoping that we do not have a ringer on the jury…

      Like

      • MurphysSpork

        I can not tell you how that affected the juror when it comes to 11 others discussing the entire case during deliberations. Does not mean they will hold out. What it means is that they are human, and despite not being sequestered, present. I try not to be graphic here. But understand the jury wi

        Like

      • MurphysSpork

        (wt?) Will face evidence they many have never seen that affects them diffrent during deliberations. Some willl cry, question, be angry, confused even while in the jury box. Their reactions now have little to do with what is going to happen when they come together.

        Like

  108. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    jurors back in courtroom

    defense officialy rests

    Like

  109. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    jury instructions begin

    https://twitter.com/idabeewells

    Jury back in; judge begins to tell jury what’s about to happen; DEF reminds judge DEF has not officially rested its case; DEF rests its case

    Judge gives PRELIMINARY final jury instructions

    Like

  110. MurphysSpork

    I may never run my errand today! The flies live another day! (I ran out of fly traps) They can thank Wafer for the reprieve!

    Like

  111. yahtzeebutterfly

    https://twitter.com/oralandar_DN

    idabeewells

    Judge: it is my duty to give you instructions on the law; you must follow them as i give them to you

    Judge asked for counsel to approach as she was in the middle of reading prelim instructions

    Photo of Judge Dana Hathaway:

    Like

  112. MurphysSpork

    Sorry guys/gals. My twitter source cracked and went on a tangent when gross negligence was added to the instruction. But, heck, that is why I followed them!
    Tower had the major moves from her sources, and even kept up with my/ others comments! You rock!

    I never did Thank Xena today for her providing the basic jury instructions for this post. Belated Thanks Xena! 🙂

    Like

    • Murphy,
      You are welcomed.

      Thanks to everyone for following the trial and reporting. Do I understand that closing arguments have either been done or are about to be?

      Like

      • tomorrow at 9 am, xena.

        Like

      • MurphysSpork

        Sorry Xena. Seems this phone today. Yippity Yap!
        I have a hearing this week. Witness. Then vacay. for a short week. Family wants a visit,church events, bday parties, planning of another trip later this year, and school fast approching. This does not include the in between.
        Good busy. But, busy. Hope you are doing well. Rest easy.

        Like

  113. I just came online. Lot’s of catching up to do.

    Like

  114. yahtzeebutterfly

    Okay, I am going to check out for now. Looks as if closing arguments will be tomorrow.

    Like

    • butterflydreamer2

      Looks like I know how I will be spending my birthday tomorrow…….I’ll share my cake with you all, and the next day too, cause that’s hubbies BD.

      Like

      • butterflydreamer2

        I told hubbie he shoud be excited this year, his AARP card should be here any day, and he gets to use that Sr citizens discount. LOL

        Like

        • 50 is young. The real joy comes when you can walk into a restaurant or store and not have to ask about senior discounts. I laughed about that at Golden Coral.

          Like

      • Butterflydreamer! Another Leo. I’m surrounded by Leo’s.

        Happy Birthday to you and your hubby!

        Birthday Party

        Like

        • butterflydreamer2

          Xena,

          Thank You. He’s going to be 55, isn’t that when he can start using that discount? Or am I 5 years late?

          Like

          • butterflydreamer,
            LOL! It’s been so long ago for me that I forget.
            I remember that AARP membership was available at 50 — but I heard that around 2000. LOL!

            Like

      • yahtzeebutterfly

        Happy Birthday to you and your hubby, butterflydreamer!

        Wishing you both great celebrations!

        Here, I will make a birthday streamer for you two:

        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
        ********************************************************************************
        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

        Like

  115. Like

    • yahtzeebutterfly

      It

      …..sad

      Like

      • I saw that earlier too – he didn’t know “it” wasn’t armed. or something – but he said “it” more than once.

        Like

      • Two sides to a story

        : [ As though she’s a female animal.

        Like

        • even a “female animal” is a female and an animal. An it is totally inanimate. The only thing I can say remotely hopeful about that is if he says this as his only way to disconnect from the reality of what he has done, then maybe he is remorseful and just can’t live with himself. But I’m more inclined to think he is just that cold.

          Like

          • Rachael, I speculated that he might have referred to Renisha as “it” to give the impression that he didn’t know if the person he killed was a man or a woman.

            But, did you see how he tried blaming EMS? He just sprayed Renisha’s brain full with metal, but thought that she would live?

            Like

    • MurphysSpork

      It? That is just disgusting.
      Yet, from what I see on Twitter and blogs, from defenders of such men, that is how they emotionally disconnect from cutting short a life usually. Reminds me of people who thought the world was flat until one of them had questions and sought the means to travel beyond agreeing. Not much has changed.

      Like

  116. yahtzeebutterfly

    “Defense rests in Renisha McBride porch shooting trial, closing arguments set for Wednesday”
    ED WHITE, Associated Press

    http://www.wxyz.com/news/region/wayne-county/defense-rests-in-renisha-mcbride-porch-shooting-trial-closing-arguments-set-for-wednesday

    Like

  117. MurphysSpork

    Just saw this. Jodi Arias will be representing herself during retrial. GZ has competition now!

    Like

    • Yeah — I read that yesterday. It’s the retrial on her sentencing. She’s looking at life or the death penalty.

      Like

      • MurphysSpork

        Well Xena, She already has been found guilty! If she gets death she has no media attention. If she gets life she gets to sell her killer art. Least we know either way she won´t be staking out gun stores and armed with knives!

        Like

  118. MurphysSpork

    I been debating on scoping out the TLs of the most avid of GZ supporters. Because we all know somehow these other SD claims validate his. Then I figured, I just ate a nice meal. Heck, GZ could choke his GF and they would say he just hugged her too hard. Waste of time.

    Like

  119. yahtzeebutterfly

    Here is a WXYZ News report of Wafer’s testimony today.

    Published on Aug 5, 2014 by wxyz – TV Detroit Channel 7
    Ted Wafer grilled on the stand in porch shooting trial

    Like

  120. MurphysSpork

    This thread keeps freezing on both browsers. I am out for the night. I am out tomorrow for a fishing trip, then travel, and vacay. Will check in. I am off to MSM comments for a bit.

    Like

    • Word Press is doing server maintenance. Earlier, I had problems posting comments.

      Have a wonderful fishing trip and be safe. Look forward to seeing you upon your return.

      Like

  121. MurphysSpork

    I know it is WP Xena.
    Thanks for well wishes. You be well too. Hear me?
    I will be thinking about Renisha and her family.
    Stay positive. Be safe!

    Like

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