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Jury to visit murder scene

where a 28-year-old Pembroke man was murdered last summer.

And they will examine the scene where the bullet and cartridge used to kill James Caines were fired as well as the room in which he took the eventually fatal injury to his face.

Sheldon Franks, 32, of Dundonald Street, Pembroke and Teiko Furbert, 25, of Rocklands Estate, Warwick, have pleaded not guilty to the murder of Caines on July 6, 1996.

Attorney General Elliott Mottley said during his opening address to the jury that Franks and Furbert murdered Caines when a bullet was fired through a rear door into a home on Curving Avenue.

He said three other people were inside the house with Caines when they heard an explosion.

The next thing they saw was Caines bleeding profusely. Mr. Mottley said Franks was seen in the area because he ran after Caines armed with a stick.

However, Caines managed to run to his mother's home on Union Street where he died shortly afterwards.

Mr. Mottley said Caines died from a single bullet that entered his left cheek, travelled downwards through his neck and lodged in his right shoulder. Along its path, it damaged several vital arteries which robbed him of his life.

Robin Theriault, a civilian firearms examiner at the Royal Canadian Mounted Police laboratory in Halifax, Nova Scotia, then told the jury that Franks' right hand tested positive for the presence of gunshot residue.

Consequently, he could have fired the shots that fatally wounded Caines, or may have had contact with the person who did.

Similarly, a blue T-shirt taken from Furbert tested positively for the presence of gunshot residue.

Mr. Theriault said he received several items from the Bermuda Police Service on July 12, 1996.

Two of the items -- a grey and white sweat top and a pair of blue denim shorts which Det. Insp. Howard Cutts had taken from Franks and a blue T-shirt taken from Furbert -- tested positive for the presence of gunshot residue when analysed.

Franks' right hand also tested positively for residue so Mr. Theriault concluded that Franks had either fired the gun or been near to the scene when the gun was fired.

Additionally, he suggested that (Franks) could also have been in contact with the person who had fired the weapon. Mr. Theriault said there were other conclusions that could be drawn to explain why Franks' sweat shirt, shorts and right hand tested positively for handgun residue.

Murder trial begins He said Franks may have been near to a recently fired handgun or been in contact with a firearm that had not been cleaned since it was last fired.

Based on the characteristics of the bullet and the cartridge case, Mr.

Theriault suggested that there were several kinds of handgun that may have fired them.

Among the various types were Beretta, Browning, Colt, Ruger and Luger models.

However he said that if the handgun used was a Ruger or a Browning, then he would expect most of the residue to be on the right hand if the weapon was held in that hand.

This is because those models eject the cartridge to the right hand side while the Luger and Beretta eject the cartridge from the top.

Franks is represented by lawyer Mark Pettingill while Archie Warner and Renee Foggo appear for Furbert. Crown Counsel Charlene Scott appears with Mr.

Mottley. Puisne Judge Richard Ground is presiding.