Jury, legal teams show signs of strain
Bickering among Lagoon Park murder trial attorneys flared late yesterday with defence lawyer Larry Scott defiantly challenging the judge on his right to put questions to a witness as he saw fit.
The blow up, in front of the jury, came at the end of the 31st day of testimony - in a trial that began on November 10 - after tempers simmered throughout the day.
Puisne Justice Norma Wade Miller shifted into high gear by abandoning most handwritten note-taking and ordering the court's recording system become the “official record”.
The move came after three polite notes from the ten-woman, two-man jury landed on the judge's bench yesterday morning - just as the case entered its fourth month.
With numerous delays for legal arguments dotting the case, the strain on the jury may be showing as Mrs. Justice Wade Miller told the court that one juror had inquired how long the trial was expected to continue, while a self-employed juror requested to be allowed to go abroad between February 23 and 27 and yet another inquired if he or she would be allowed to attend a funeral.
The jury last heard evidence last Wednesday, when there was a shortened session after a visit to the Ireland Island South park.
The judge said she would “stop taking full notes” and that “from now on the tape recording is the full record” so that the trial could continue “as speedily as possible”.
She also noted that prosecutors and defence lawyers would continue to take notes - for their own purposes. The long promised court reporting system is not in place but there is a computer linked recording system available to the court clerk.
Three men, Robert Blair Tucker, James (Spook) Dill and Terranz (Monster) Smith, deny killing American Stanley Lee on July 28, 2001 in the secluded park.
The Crown, led by Director of Public Prosecutions Kulandra Ratneser, allege Mr. Lee was murdered after he demanded the return of any remaining drugs after a shipment he had imported was found to be of low quality.
The Island's court system has creaked along with witnesses having to pause while giving answers while the judge writes out their answers.
Four times in the morning session and twice in the afternoon Mrs. Justice Wade Miller said she wanted to “press on” as she tried to speed up the case.
Mr. Scott, cross-examining Det. Sgt. James Hoyte, responded hotly to the detective's statement that there was nothing in the law stating how long an accused person could be held, adding that the “(Judge's) Rules may address it” and other orders may govern it but they are not “the law”.
Mr. Scott replied: “That's why you're a Police officer and I'm a lawyer!”
Mrs. Justice Wade Miller, her voice rising to fill the courtroom, told Mr. Scott his comment was “quite inappropriate” and said three times to Mr. Scott and Crown counsel Juan Wolffe - who had jumped to his feet with an objection - to “sit down!”.
“Please, please, Mr. Scott (and) Mr. Wolffe sit down, you're both standing,” she said. “We can't go on like this. We must press on.”
Mr. Scott claimed - again, in front of the jury - that it was a “Common Law offence” for the then Director of Public Prosecutions, Khamisi Tokunbo to direct officers to hold the three men “until their lawyers call habeas corpus”.
After pausing for a moment, Mrs. Justice Wade Miller quickly and forcefully reined in the argument and ordered the jury to “withdraw” and return this morning.
The outburst was the most serious of several that have erupted in the heated trial - which has seen statements by the defendants and comments by their lawyers pointing the finger at the others and at an alleged hit team from abroad.
Mr. Scott had been grilling Det. Sgt. Hoyte on his practice of telling a suspect what others may be saying about him - suggesting that other officers frowned on the practice.
“I have nothing to say (about criticism),” Det. Sgt. Hoyte said. “Det. Sgt. (Jerry) Laws (the leading detective in the murder) never said anything about it to me. No, I never showed the statements. I stand by what I said. It came at the end (August 15) when we addressed certain ambiguities (in the statements). It's not against the Judge's Rules or against any laws that I know of.”
With that, Smith's lawyer, Ed Bailey grumbled “how ‘bout the Constitution?” while still seated, and Dill's lawyer, Liz Christopher, vigorously shook her head.
Shortly before that, when Mr. Scott repeatedly told Mr. Wolffe to “sit down”, Mrs. Justice Wade Miller warned them “we must have decorum and deportment” when objections are raised.
Mr. Scott had challenged the detective on his interrogation methods, citing “Starsky and Hutch” and intimating at a “good cop, bad cop” routine that was frowned upon by Police.
“What we don't want to do is cloud the issues in front of the ladies and gentlemen of the jury,” she said, adding she did not want him speaking in “generalities”.
During Mr. Bailey's cross-examination earlier in the day Det. Sgt. Hoyte repeatedly explained he did nothing improper in his handling of Smith's questioning in the week after his arrest.
And he conceded that Smith voluntarily told him about two “dirty cops” and that Smith had been “cooperative” while in custody.
“So Terranz Smith was helpful,” Mr. Bailey asked.
“If it wasn't for him showing us the dead body, I don't think we would have found it,” Det. Sgt. Hoyte, who was the first officer to be told there was a dead body somewhere on the Island on August 8, 2001.