Suspect describes brutal assault on American
Soft-spoken murder accused James (Spook) Dill told a jury he was shocked to see his employer stab American Stanley Lee in the back and spent 13 days after that smoking crack "to forget".
In a brisk account in a hushed courtroom Dill ? who acted as a "butler" to co-accused Robert Blair Tucker, usually for payment with cocaine ? said the burly ex-con jumped off his livery cycle after being stabbed once in the back and said: "Why you do that? You can't get away, they're going to find you!" The exchange took place just as first blood was shed in the deadly attack on the mysterious victim.
"What hit me right then was that everything just went blank. Whatever I had had to smoke for the last three months left me," he said, later telling the court "I just spent that time getting high ? to get my mind off that thought".
Also yesterday the third defendant, Terranz (Monster) Smith completed his testimony, with Director of Public Prosecutions Kulandra Ratneser taking just over two hours to cross-examine him.
The DPP giggled with a broad smile when Smith ? during a hostile period of questioning ? told him "what is true is not always the truth". Smith insisted that his first two statements were "fabrications", and that he had no obligations at telling the truth because he was not under oath at the time of the statements.
Two alibi witnesses appeared for Smith, with his girlfriend's mother, Cynthia Swan telling the court Smith did not leave her daughter's home on a Saturday night in July, 2001 after staying away all night the night before.
She said she remembered the day because while she was alone that night, someone had tested the door twice and that she was afraid and told her daughter and "Terry" about it.
Mrs. Swan does not remember the date, but the court has heard other testimony that Smith and Lorna Swan stayed at Windsong Guest Apartments on the night of July 27 and 28.
Dill, Smith and Tucker deny killing Mr. Lee on July 28, 2001 in the isolated Lagoon Park, on Ireland Island South. The Crown alleges Mr. Lee ? known to Bermudians as "Sha" ? was killed as tension rose with Tucker over the quality of cocaine they had imported and the return of any remaining drugs and money earned from sales.
He said he thought nothing sinister of getting a knife for Tucker before heading out with Mr. Lee to get drugs because it was "drug equipment", used to open packages.
"He (Tucker) asked me to come with him. If he was going to pick up drugs, I knew my weekend would be alright. Yeah!" Dill said to chuckles around the room.
Once in Lagoon Park, there were varying conversations among the men until Tucker walked off and appeared to be in conversation, Dill said.
"I heard him say, 'yah', and 'hey' like he was talking to someone," Dill explained. "I went over there and he asked me for the knife. I took the knife from my side and I gave it to him. No questions asked. He put the knife in his pants. I didn't ask where he was going and he just walked away.
"I'm curious as to where this guy was. I wanted the drugs, so I'm looking around for where the guy was and I didn't see anybody and where Sha was, I could hear loud talking.
"Blair was standing more or less behind Sha and they were arguing about something," Dill continued. "I came through the trees and Sha was looking at me and Blair took the knife out and just stabbed the guy. The guy jumped off the bike and asked him 'why you do that? You can't get away, they're going to find you!
"I'm thinking that's his people in the States. Everything just went blank. Whatever I'd had to smoke for the last three months left me. That was a shock. I'm stayed in that position, I watched Sha back up and I saw him pick up a branch. And Blair... Well, there were so much hand motions, it appeared to me that he was stabbing him. I don't know if he did. Sha went into the bushes. They went in and disappeared for a few seconds.
"When he (Tucker) came out from the trees, he stood there like he was out of breath. I said to him, I said to him 'why the f**k you do that there for man?'," Dill added.
"Right out of the blue! I didn't know why he did it. We came up there to get drugs, all I was thinking was why we're not getting the drugs?" Dill said. Earlier he had admitted he was an addict and that he had used cocaine since 1982 or 1983 and had smoked cannabis since the early 1960s.
Dill reminded Tucker of their stop at the Boaz Island gas station minutes before where he was recognised by Crown witness, Louwaine Woolridge. "That girl knew me. I said 'couldn't you have taken care of Sha another way?'. He told me that 'it's done now'."
The pair returned to Pembroke, where they swam at the Ducking Stool, a park on North Shore Road to wash off, and then to Tucker's home.
Tucker then invited him to a friend's home in Warwick, which had the addict thinking about more drugs.
"Well, because I didn't get any drugs in Dockyard, I figured I would get some drugs again. So I went for a ride," Dill said, quickly adding: "Again."
"Well, we never really discussed anything. The only thing was he said 'don't worry about it', he'll let his people on the Police force deal with it. So I never said anything about it."
Later, Dill said he approached Tucker and said they would have to talk about "this murder", because "sooner or later, the Police is going to be coming. I want to at least know where I'm going".
Tucker told him to tell Police that he just went swimming at Astwood Cove, and added: "Don't worry about a thing. The chickens are having a feast on your boy."
Possibly referring to Smith's admission that he intentionally got caught in a crime to be able to tell Police and not be seen as an informant, Dill admitted to Ms Christopher: "No, if I approached Police I would have approached them the same way.
"Being as I was his butler, and the thing had happened, it frightened me when he said he would let his people know. His police."
Dill detailed seeing two officers, already known in the case as "Officer A" and "Officer B", on four or five occasions and once, respectively.
But Dill also said he saw two others whom he did not name, "Officer E" and "Officer F". He described them as both being white with one in his 20s and the other in his 40s.
"So when Tucker talked about the Police, did you take him serious?" Ms Christopher asked.
"Seeing that amount of cops coming to his house and hearing this guy's dealings, well yes," Dill said. "You've got Police up to his house on friendly terms. Friendly terms! You have no choice but to believe it."
Earlier, Smith completed his testimony with a flourish, saying: "Had I not gone to the Police, I could have ended up with the worst end of the deal. I'm glad that I did go there first and do what I had to do. No, Mr. Bailey, I was not involved in this murder. Totally not (involved). And yes, my evidence here has been the truth. Yes, the truth and nothing but the truth."
Earlier, during cross examination by Mr. Ratneser, Smith said he never asked Tucker if Mr. Lee had been killed or how he had died.
"When I was in the trees after I made the discovery, a lot of things went through my head. You know if this guy had been found and my identification could implicate me. I was just trying to protect myself on what I know I didn't do."
"So did you know he was dead?" Mr. Ratneser asked.
"Thinking and knowing is two different things. Don't let me have to tell you again," Smith retorted. "I was of the opinion that the person who had done this had come from abroad and had left the Island."
Concerning his arrest, Smith said: "This is how the streets is... The whole time I'm trying to find a way to reveal this body. But because of my reputation I can't just go to the Police. I thought it was only right to tell Tucker what I was going to do.
"I didn't call him to warn him. I didn't want him to think that I'm down (at the) Police station informing on somebody. I knew there was going to be some heat.
"I was just trying to do my civic duty," Smith continued. "My conscience said turn over the body."
The trial continues this morning before Puisne Justice Norma Wade Miller.