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Murder trial jury told to stick to the facts

Telling jurors ?we?re on the last leg?, Puisne Justice Norma Wade Miller began a rapid fire summation of the Lagoon Park murder trial yesterday.

?You have been brought here to evaluate the evidence in this case, by using your judgment, particularly your life experience,? Mrs. Justice Wade Miller said as she began a three-part summation, delving first into the jury?s role as arbiters of the facts and her role as arbiter of points of law, then dealing with points of law and the indictment and finally her summary of evidence in the case.

Robert Blair Tucker, James (Spook) Dill and Terranz (Monster) Smith deny killing American Stanley Lee on July 28, 2001 in Lagoon Park, Ireland Island South in what prosecutors say was a drug deal gone bad.

The burly ex-con held a New York birth certificate in the name of Edward Stanley Lee, had been imprisoned by the US Federal Bureau of Prisons under that name but had also served time in New York as Eddie Montalvo.

Mr. Lee arrived in Bermuda using the name Sean Russells but was known to the defendants and witnesses as ?Sha?.

Imploring jurors to disregard what they have heard in the media about the case, Mrs. Justice Wade Miller said they should not allow sympathy ? or likewise, prejudice ? for the victim or for the accused cloud their judgment on the evidence they have heard.

?You are the sole judges of fact in this case,? she continued. ?You must accept my directions in law and you must in turn use them in rendering a true verdict. In other words, I?m not the 13th member of the jury. You saw the witnesses giving evidence in the box and in cross-examination, you may accept all that a witness has said or you may accept a part or reject a part.

?You will have to be able to say that you are satisfied so that you are sure, which are words you have used many times, having had to make a decision or having made a decision and you say ?I?m sure of it?,? she said. ?If you are unable to say that you are satisfied so that you are sure, then the prosecution have failed in their duty of presenting the evidence.?

Mrs. Justice Wade Miller warned jurors to not group together the individual cases against Tucker, Dill and Smith and that what one defendant says about another in their Police statements is not considered evidence in the case.

And in a particularly detailed section of her speech, Mrs. Justice Wade Miller was careful to explain the legal terminology of counsel and procures in the commission of a criminal act.

The Lagoon Park murder is a rare case in that Mr. Lee was found in an advanced state of decomposition ? ?skeletonised? ? and he had multiple identities, as such jurors are expected to make a decision on wether the Crown have proven his identity.

The ten-woman, two-man jury were first seated on November 10 and have heard 44 days of evidence from a forensic pathologist, an entomologist, ten Police officers and other witnesses.

Smith showed Police the body on August 9, 2001 in an apparently unsuccessful attempt at getting immunity for a break-in charge.

The Crown alleges Mr. Lee was killed after relations between he and Tucker soured when it was discovered that cocaine they imported was found to be of poor quality. On the Island for most of the month of July, Mr. Lee began to demand the return of any remaining drugs and money to return it to the US.

The Crown has led evidence that Dill carried a knife to the scene and was present during the stabbing, while Smith was not at the scene.

Director of Public Prosecutions Kulandra Ratneser was assisted by Crown counsels Juan Wolffe and Cindy Clarke.

Lawyer Ed Bailey represented Smith, Liz Christopher represented Dill and Tucker was represented by Larry Scott. Ms Christopher was assisted by Kae Thomas.

The trial continues today.