Judge again denies admission of cell phone pics and social media accounts; Prosecution’s Investigator and State Police firearms forensics expert testify
We;re back with day 4 of the second degree murder trial of Theodore Wafer for the shooting death of Renisha McBride on Wafer’s Detroit front porch in the early morning hours of November 2, 2013.
The day started, as has become customary, with Wafer’s defense counsel Cheryl Carpenter asking Judge Dana Hathaway to allow into evidence certain cell phone pictures from McBride’s phone, as well as some of her social media information–specifically, her Twitter account handle, “Young and Thugging.” Judge Hathaway again excluded the pics, and also the Twitter handle, noting that the account had been closed in June 2012 and was too far distant from the events of November 2013.
The number of witnesses saw a considerable decline relative to earlier days of the trial, with only two witnesses being moved through, and the second of those only through direct examination. These two were:
- James Bivens Jr., Chief, Criminal Investigative Division of the Wayne County Prosecutor’s Office
- Michigan State Police Detective Sergeant Shawn Kolonich, a forensics firearms expert
There was nothing particularly notable about Kolonich’s testimony on direct. Bivens’ testimony raised some issues, such as the State’s refusal–upheld by Judge Hathaway–to deny the defense certain of Bivens’ raw notes, as well as a question from the defense asking if it would have been relevant to Bivens’ if it turned out McBride has spent the “missing hours” in a drug house.
Court’s expected to come back into session at 1:30 PM.
Keep your eyes open for our end-of-day wrap-up this evening.
[NOTE: Images of trial postings from the live blog of the Detroit Free Press have been removed at their request.]
Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog (autographed copies available) and Amazon.com (paperback and Kindle). He holds many state-specific Law of Self Defense Seminars around the country, and produces free online self-defense law educational video- and podcasts at the Law of Self Defense University.DONATE
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