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Author: Andrew Branca

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Andrew Branca

Andrew F. Branca is in his third decade of practicing law in the Commonwealth of Massachusetts. He wrote the first edition of the "Law of Self Defense" in 1997, and is currently in the process of completing the fully revised and updated second edition, which you can preorder now at lawofselfdefense.com. He began his competitive shooting activities as a youth in smallbore rifle, and today is a Life Member of the National Rifle Association (NRA) and a Life Member and Master-class competitor in multiple classifications in the International Defensive Pistol Association (IDPA). Andrew has for many years been an NRA-certified firearms instructor in pistol, rifle, and personal protection, and has previously served as an Adjunct Instructor on the Law of Self Defense at the SigSauer Academy in Epping, NH. He holds or has held concealed carry permits for Massachusetts, Connecticut, Rhode Island, New Hampshire, Maine, Pennsylvania, Florida, Utah, Virginia, and other states.

NOTE: LIVE COVERAGE: “Loud Music” Murder Trial, VERDICT WATCH

Today the Dunn trial managed to wrap up all of the evidence to be presented to the jury, including a bit of rebuttal evidence once the defense had rested.  All the criminal charges--first degree murder, three counts of attempted murder, and firing into an occupied vehicle--are moving forward, as is the legal defense of self-defense. Notable today was the testimony of the defendant, Michael Dunn.  On direct he recounted the events leading up to, during, and following his shooting of of Jordan Davis, as was necessary if he hoped to get a self-defense jury instruction.  He was unshaken by the ~ 3 hours of cross-examination of Assistant State Attorney John guy. In my opinion, however, he came across as cool, aloof, and lacking in empathy.  This would normally be a small matter, except that the sole evidence of self-defense comes from his own testimony, and his credibility is already seriously damaged by his flight from the scene and his failure to contact police be he was arrested by them. Closing arguments are scheduled for 10AM tomorrow morning, with perhaps some final argument ironing out the jury instructions beforehand.  We'll be live here at Legal Insurrection whatever time court starts up and the video feed is live. OK, let's get to the events of the day:

NOTE: LIVE COVERAGE: “Loud Music” Murder Trial, VERDICT WATCH

---------------- Welcome to day five of our live coverage of the "loud music" 1st degree murder trial of Michael Dunn in real time. Here are a couple live video feeds, with the smaller, upper-most feed proving the most reliable yesterday. Expectations are that this morning will see the last two defense witnesses. One of these is expected to be some kind of expert on stress reactions, but is a bit of a "surprise witness" from the perspective of the State. A hearing will be held at 8AM to discuss whether to allow this testimony, in the form of a Daubert hearing. The second witness, I expect, will be the defendant, Michael Dunn himself. At present there seems insufficient--meaning no--evidence of self-defense necessary for the defense to meet its burden of production on the issue of self-defense. If they fail to meet this burden the jury will not be instructed on self-defense and a conviction is certain. Our end-of-day wrap-up discussing these issues as well as yesterday afternoon's testimony can be found here: “Loud Music” Murder Trial Day 4: Entire Self Defense Narrative At Risk At the bottom of the post is a live Twitter feed with my live tweets and those of others reporting on the trial. We plan to do a brief mid-day summary when the court recesses for lunch, then our usual lengthier coverage/analysis after the court recesses that day's end.

NOTE: LIVE COVERAGE: “Loud Music” Murder Trial, VERDICT WATCH

---------------- Welcome to day four of our live coverage of the "loud music" 1st degree murder trial of Michael Dunn in real time. Here are a couple live video feeds, with the smaller, upper-most feed proving the most reliable yesterday. Before we get to that, there has been much discussion and some confusion about the number, sequence, and tempo of the gunshots fired by Michael Dunn at the red Durango SUV in which Jordan Davis was followed.  Those interested can hear the shots fired on the gas station surveillance tape here:  “Loud Music” Murder Trial: Sequence of Gun Shots. At the bottom of the post is a live Twitter feed with my live tweets and those of others reporting on the trial. We plan to do a brief mid-day summary when the court recesses for lunch, then our usual lengthier coverage/analysis after the court recesses that day's end.

The court moved through three witnesses this morning, including two evidence technicians and the Deputy who executed the Jacksonville arrest warrant on Michael Dunn at his residence the day after the shooting. Before the trial proper started there was apparently an evidentiary issue that needed to be addressed. There existed a forensics photo that had a portion highlighted. Unfortunately, it was the wrong portion, so a second version was made. In confusion the first photo was admitted into evidence. It only took two highly educated lawyers and a presumably similarly well-educated judge 15 or 20 minutes to figure out how to resolve this difficult. They did manage to do so, however, in a cooperative spirit. [caption id="attachment_78069" align="alignnone" width="450"](Defense Counsel Cory Strolla and State Attorney Angela Corey.) (Defense Counsel Cory Strolla and State Attorney Angela Corey.)[/caption] State Attorney Angela Corey would take the lead on the two evidence technicians, before turning things over to Assistant State Attorney Erin Wolfson for direct of the Deputy. [caption id="attachment_78073" align="alignnone" width="450"](State Attorney Angela Corey.) (State Attorney Angela Corey.)[/caption] Ron Davis, father of Jordan Davis, was again present in the courtroom.

Detective Andrew Kipple, Lead Crime Scene Technician

[caption id="attachment_78072" align="alignnone" width="450"](Detective Andrew Kipple.) (Detective Andrew Kipple.)[/caption] The first State's witness was Detective Andrew Kipple, the senior evidence technician involved in processing the crime scene and evidence..  His testimony would consume the large majority of the morning.

UPDATE 2-11-2014 - Testimony over, here's the latest update: “Loud Music” Murder Trial Day 5: Dunn Testifies, Defense Rests. ---------------- Welcome to day three of our live coverage of the "loud music" 1st degree murder trial of Michael Dunn in real time. Here are a couple live video feeds, with the smaller, upper-most feed proving the most reliable yesterday. At the bottom of the post is a live Twitter feed with my live tweets and those of others reporting on the trial. We plan to do a brief mid-day summary when the court recesses for lunch, then our usual lengthier coverage/analysis after the court recesses that day's end.

The court moved through nine witnesses today, as they proceeded with the State's presentation of its case in the "loud music" first degree murder trial of Michael Dunn, for the shooting death of 17-year-old Jordan Davis. These witnesses consisted of several first-responders to the scene, the three young-men who were with Davis in the Durango SUV when Dunn opened fire, and two witnesses who observed the SUV for the brief period it had pulled away from the gas station. The first four witnesses were all first responders -- three police officers and a Fire & Rescue paramedic -- who arrived at the scene after the shooting had taken place. In order they were:

Robert Holmes, Patrol Officer, Jacksonville Sheriff's Office

[caption id="attachment_77961" align="alignnone" width="450"](Patrol Officer Robert Holmes) (Patrol Officer Robert Holmes)[/caption] Assistant State Attorney handled the direct examination of Holmes. [caption id="attachment_77963" align="alignnone" width="450"](Assistant State Attorney Erin Wolfson) (Assistant State Attorney Erin Wolfson)[/caption] Holmes is a 7-year veteran of the police department, with prior Navy service.  Perhaps the most remarkable part of his testimony to me was how little first aid training he'd received either as a policeman or seamen.  Basically, his training was limited to CPR (last taught to him 7 years prior at the police academy) and how to use a tourniquet. Period. Holmes described receiving the call of shots fired, arriving at the scene to see Jordan Davis cradled in the arms of his friends.  Davis had no pulse.  There was no pool of blood (of course, given the deep internal nature of the wound and the fact that Davis' blood pressure would have been zero at that point, there wouldn't be much blood).  When Andrew Williams performed CPR compressions, however, Holmes observed blood coming from Davis' back.  He described Davis' friends as shocked, as he drove them collectively back to the police station to meet with detectives. On cross, Strolla asked why Holmes hadn't performed first aid himself, rather than let a "civilian" do it.  It was here Holmes explained the paucity of his first aid training, and indicated that he'd thought it best to defer to a civilian who purported to have greater skills. Strolla also explored the apparent fact that the interviews conducted at the police station by detectives were not recorded, despite the station having adequate capabilities to do so.  It seems he intends to argue that this allowed the statements of the Durango survivors to be altered and coordinated over time. One interesting point on direct arose when Corey asked Holmes where his notebook was from the night of the shooting, and Holmes casually indicated that the notebook was gone, destroyed.  This seemed as if it might have some import, but Strolla never touched upon it in cross. Offline, a Federal law enforcement officer contacted me to share that in his service notebooks were dated and destroyed by fire at pre-determined intervals, to ensure the confidentiality of their contents.  Perhaps a similar policy is being followed by the Jacksonville Sheriff's Office. Holmes came across as professional and objective, as is typical of police officers of any meaningful experience.

The court moved through five witnesses this morning, as they proceeded with the State's presentation of its case in the "loud music" first degree murder trial of Michael Dunn, for the shooting death of 17-year-old Jordan Davis. The first four witnesses were all first responders--three police officers and a Fire & Rescue paramedic--who arrived at the scene after the shooting had taken place. In order they were:

Robert Holmes, Patrol Officer, Jacksonville Sheriff's Office

[caption id="attachment_77961" align="alignnone" width="450"](Patrol Officer Robert Holmes) (Patrol Officer Robert Holmes)[/caption]

Assistant State Attorney handled the direct examination of Holmes.

[caption id="attachment_77963" align="alignnone" width="450"](Assistant State Attorney Erin Wolfson) (Assistant State Attorney Erin Wolfson)[/caption]

William Spicer, Engineer/Paramedic, Jacksonville Fire & Rescue

[caption id="attachment_77964" align="alignnone" width="450"](William Spicer, Paramedic) (William Spicer, Paramedic)[/caption]

Welcome to day two of our live coverage of the "loud music" 1st degree murder trial of Michael Dunn in real time. Here are a couple live video feeds, with the smaller, upper-most feed proving the most reliable yesterday. At the bottom of the post is a live Twitter feed with my live tweets and those of others reporting on the trial:

The key legal narratives of both the State and defense began to emerge this afternoon as the Michael Dunn "loud music" murder trial kicked off with an afternoon launch. Dunn, 47-years-old, is charged with 1st degree murder for the shooting death of 17-year-old Jordan Davis. The State believes Dunn shot Jordan out of anger over Jordan's loud music, whereas Dunn claims he shot in lawful self-defense. Dunn is also charged with attempted murder for shooting the other three young men in the car, Leland Brunson, Tevin Thompson, and Tommie Storns. Finally, he is charged with the offense of firing a gun into an occupied vehicle. The trial started with Judge Russel Healey instructing the jury on their responsibilities in hearing the case, as well as various procedural facets common to any criminal trial.

Assistant State Attorney John Guy Delivers Opening for Prosecution

Following these introductory remarks, the State's opening was presented by Assistant State Attorney John Guy, and delivered in the emotive style so familiar from his performances during the Zimmerman trial. Alas, he chose to speak in such a soft voice that he was essentially inaudible. The use of headphones, however, makes it possible to hear his remarks. Consistent with the state going for 1st degree murder, and barring that 2nd degree murder, Guy emphasized the several concrete steps Dunn had to take in order to bring fire upon the Durango -- open glove compartment, remove pistol, chamber a round, grip the gun with both hands, fire, fire again, fire again, etc. -- all presumably to set the hook for premeditation and first degree murder. In addition, he emphasized Dunn's angry use of deadly force violence in response to being, as Guy put it, merely disrespected, to set the hook for malice necessary for second degree murder.

Attorney Cory Strolla Delivers Opening for the Defense

Defense Attorney Cory Strolla spent roughly twice as much time on his opening remarks, focusing on the three themes beloved by all defense counsel. First, the evidence is weak and contradictory and was collected and evaluated by police and prosecutors in an unprofessional and untrusthworthy manner. Second, if any one of the jurors has not been convinced beyond a reasonable doubt of Dunn's guilt, "stick to your guns" and do not allow yourself to be persuaded by the other jurors -- each of you is bound to make your own decision. And three, if you can hold off coming to a conclusion until we have a chance to present our side of things, you'll see that there are reasonable explanations for our client's conduct on every front.

As we did during the Zimmerman trial, we plan to cover the "loud music" 1st degree murder trial of Michael Dunn in real time. Here are a couple live video feeds, we're not yet sure which will prove more reliable. At the bottom of the post is a live Twitter feed with my live tweets and those of others reporting on the trial:

The Florida "loud music" murder trial begins at Noon today. As you'll recall, 47-year-old Michael Dunn is charged with 1st degree murder (FL Statute 782.04) in the shooting death of 17-year-old Jordan Davis, and the attempted murder of three of Davis' companions, all of whom were also struck by bullets.  Dunn claims that he fired in self-defense.  The State argues that Dunn killed only because he objected to the youths' loud music. State Attorney Angela Corey (pictured above) will be leading the prosecution in the court room, along with Assistant State Attorney John Guy.  The defense counsel is Attorney Cory Strolla. [caption id="attachment_77831" align="alignnone" width="450"]Attorney Michael Dunn, speaking to defendant Michael Dunn in "loud music" murder trial (Attorney Cory Strolla, speaking to defendant Michael Dunn)[/caption] The jury selection process was completed yesterday, with 16 jurors empaneled.  Although no video or audio was broadcast during voir dire (in sharp contrast to the Zimmerman trial), thanks to the excellent on-location work of journalist Stephanie Brown of WOKV, we enjoy some understand of the jurors' profiles and possible perspectives. Juror J7 Juror J10 Juror J12

Readers of Legal Insurrection will have noted our ongoing coverage of the Florida “loud music” trial, in which the defendant Michael Dunn is charged with 1st degree murder in the shooting death of 17-year-old Jordan Davis. The general narrative of events at the scene of the killing is that both men (Davis accompanied by three friends, Dunn by his fiancé) were fueling their cars at a local gas station. Davis’ vehicle was playing music at a sound unpleasant to Dunn—and indeed, forensics photos show a massive set of speakers mounted in the rear of Davis’ SUV—and he asked them to turn the music down. The youths declined, and an escalating and increasingly hostile verbal confrontation began. Here the prosecution and defense narratives differ. The State essentially argues that Dunn was so enraged by the music that he drew his licensed pistol and shot Davis and his friends, Davis mortally. The defense argues that Davis and his friends were making explicit deadly threats against him, and he only shot at them when he reasonably perceived what appeared to be a weapon. (No weapon was actually recovered from the vehicle, although this fact is of course not dispositive in a self-defense case, so long as Dunn’s perception of a weapon was reasonable even if mistaken). [caption id="attachment_77488" align="alignnone" width="450"]Michael Dunn on trial on charges of 1st Degree murder for the shooting death of Jordan Davis Michael Dunn on trial on charges of 1st Degree murder for the shooting death of Jordan Davis[/caption]

Presiding Judge Russell Healey Becomes Center of Focus for Media Coverage of Trial

Much of the news about the trial, however, has had little to do with either the State’s case against Dunn or Dunn’s defense against the charges. Instead, rather unusually, much of the last several week’s attention has focused primarily on the Judge overseeing the case, Judge Russell Healey. One might wonder, then, who is Russell Healey in terms of judicial background, experience, and temperament?

The ongoing drama in the Michael Dunn “loud music” murder trial over whether jailhouse phone recordings should be released to the media has taken yet another turn. Yesterday the 1st District Court of Appeals once again felt compelled to step in--now for the third time--to reverse the Healey’s Wednesday ruling tossing the matter to civil court, and to demand an emergency hearing of all parties. (I haven’t yet seen yesterday’s 1st DCA ruling, so I don’t know if it literally says, “Get in our courtroom, NOW!” but I wouldn’t be the least surprised.) In addition, they’ve ordered that Healey’s immediate superior, Chief Judge Donald Mora, appoint yet another judge to hold an evidentiary hearing on whether the State’s estimated cost (~$6,300) for redaction of the recordings is reasonable, taking the matter out of Healey’s hands. (A kind interpretation of this last would be that they recognize Healey will be busy with jury selection for the start of the Dunn trial on Monday.) Some brief history of this discovery drama may provide useful context. Keep in mind, the existence of the phone recordings was known to all parties as long ago as October 2013, and the media has been demanding access to them since that time. [caption id="attachment_77430" align="alignnone" width="450"]Michael Dunn interviewed by police following "loud music" shooting of Jordan Davis Michael Dunn interviewed by police following "loud music" shooting of Jordan Davis[/caption] As we noted in our blog January 8 post on the case: