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Murder trial jurors visit crime scene

Photo by Tamell SimonsJames Hoyte, the first officer to be told of a body in Lagoon Park and one of two officers on the scene, points in the general direction of where Stanley Lee (Sean Russells) was found. Supreme Court Justice Norma Wade Miller convened the court in Lagoon Park for jurors to see the general layout of the park. But in the two and a half years since Mr. Lee was recovered and six months since Hurricane Fabian, Lagoon Park is much different.

Jurors saw for themselves just how dense and secluded Lagoon Park is during a 30-minute site visit yesterday, two-and-a-half years after the skeletonised body of Stanley Lee was shown to police.

The ten woman, two man jury, judge Puisne Justice Norma Wade Miller, prosecutors and defence lawyers, a gaggle of Police and prison officers and the three accused ? Robert Blair Tucker, Terranz (Monster) Smith and James (Spook) Dill ? all trudged up a long, debris strewn path deep into the feral park to a clearing which has played a major role in the murder case.

The trio are accused of killing the American ex-con ? who was known to Bermudians as Sean Russells and Sha ? in the isolated park on July 28, 2001 ? five days before the Cup Match holiday which was held in St. George's that year.

Prosecutors believe Mr. Lee was killed after he demanded the return of any remaining cocaine after it was discovered to be of low quality.

Smith showed Det. Sgt. James Hoyte and Det. Insp. Beverly Pitt the body on August 9, in an apparently unsuccessful attempt at gaining immunity. Towering over the seniors home at Lefroy House, Lagoon Park is Bermuda Government property but is not maintained as other parks are.

A wide variety of trees and plants make the park almost impassable at times but obvious damage from the over 150 mile-an-hour winds from Hurricane Fabian was visible, particularly uprooted Casurina trees.

Parks crews have been to the park in Fabian's aftermath, apparently to only clear the 200 metre pathway to the clearing.

In addition, to get the park to reveal its secrets in the days after Det. Sgt. Hoyte and Det. Insp. Pitt were shown the body, Police, under the direction of Government Pathologist Dr. John Obafunwa and Scenes of Crimes officers, cleared some areas with heavy equipment.

Evidence has already been heard that just a week after Mr. Lee's body was recovered, parts of Lagoon Park were unrecognisable to witness Anwar Muhammad who saw Mr. Lee's cycle in the clearing on July 30. At 10.15 a.m. the court was "reconstituted" on Lagoon Road, and Det. Sgt. James Hoyte, who was the first officer Smith told about the body, lead the procession in, pointing out the clearing, another entrance and the direction in which he was taken to see the body.

"This is the 'spot', the first clear area Smith showed us (on August 9, 2001)," Det. Sgt. Hoyte said. "The Police cut down a lot of trees here. That way (pointing to the northwest), some 75 metres on was where Smith showed us the body. You'd have to walk in a zig zag fashion.

"Yes, it is fair to say that the undergrowth was more significant than now," Det. Sgt. Hoyte told Larry Scott who is currently defending Tucker but on that day was representing Smith. "I could not stand erect (and walk). You could walk if you crouched."

Crown counsel Juan Wolffe later asked the detective where "Mr. Smith's lawyer at the time, Larry Scott" was during the expedition. "From the time we left the cars, Mr. Scott would have been within speaking distance of us. We all came in together."

And before he finished, the sergeant pointed directly to the west to a darkened, heavily wooded area with low hanging trees, dense weeds and ferns and told jurors that patch of land "most resembled" the Lagoon Park of August 9, 2001.

The trial was then re-convened back at Supreme Court Number One by 11.30 a.m. where Det. Sgt. Hoyte's testimony in the park was "confirmed" or read over.

The clearing plays a pivotal role in the trial as it was there that Mr. Lee's cycle was seen by Mr. Muhammad who had taken his family to the park to find a suitable camping spot for the holiday. Mr. Muhammad places the cycle in the park on Monday, July 30 ? the same day Smith told Police that he moved the cycle so that it would not be linked to Mr. Lee.

Det. Insp. Hoyte told the jury the cycle was found some distance to the northeast of the clearing.

Starting on November 10, the trial has seen just 29 days of testimony, with much of the time taken up by a Christmas break and lengthy legal arguments. The trial continues this morning.