Monday, December 07, 2009

Prosecution Won't Call Brian Ball In Scott Case

UPDATE ~~ Tuesday's D&C reports that Off. McKeon testified that he had never seen Brian Ball's report that diagrams one bullet's path after it hit the garage door until Parrinello showed it to him on the stand yesterday.  McKeon also stated he had "not a clue" about who prepared the report authored by Ball.

YNN reports that Parrinello Is Laying The Foundation For A "Missing Witness Case."
Ball diagrammed the scene of the shooting.
Parrinello may call him to testify.

Also, Parrinello continued to question Off. Kevin McKeon about why a lumalight wasn't used to look for blood splatters when a bullet hole was found in a house at the scene12 hrs. later.

Parrinello: "I asked him, this was a death scene, and he acknowledged it. So I can't believe that it's more important to worry about a lumalight than to bring one there and try and detect where blood spots might have been."

ADA Julie Finocchio: "You're assuming in fact that blood did indeed leave the body after a gunshot and that's not always the case depending on where a person is hit. Most of the time bleeding is internal as opposed to external. I think that, coupled with the weather conditions, explains perhaps the absence of those things."

SCATS ~~ Actually Julie dear, testimony given last week showed there was MUCH blood external to the body. There were SEVEN wounds, right? Besides, we're talking about Greece PD and I think THAT explains it ;)


Anonymous said...

Is it true there were 7 wounds? How many shots were fired? Is it possible that he shot him 7 times? Or 4 times with exit and entrance? Please help clarify. Did the boy keep advancing on him after he was shot multiple times? Why did he keep shooting? Were there any witnesses besides the dead boy and the defendant?
And why do we have the most incompetent police force that will be responsible for a mistrial?

SCATS said...

To 11:55PM ~~ My understanding is that there were 7 entrance/exit wounds caused by two bullets. A third bullet has been referred to but I'm not sure if that was fact or speculation based on the context. Scott says that Cervini was coming towards him, and that fact seems to have been verified by one of the other two boys who were with him and who stated their surprise to see Cervini drop in the road.

As for our PD, I'll refer you to the recent election results for answers to that "mystery."

Anonymous said...

This from the D&C Live Blog:

Finicchio: As Chris and James walked to driveway, they saw a man. Brian who is still on the sidewalk, hears a gunshot and sees a person fall. Brian runs back to James' house.

Finocchio: Door opened to vehicle in driveway by Chris and James, he does not take anything and closes the door.

Finocchio. The pair heard a man tell them "Stop, freeze, don't move, I have a gun."

Finocchio: The man fires a shot and Chis is struck. James runs around front of vehicle and house and toward Manitou Road and then back to his house.

Finocchio: Chris is shot twice. He continues down drveway and dies in road within minutes.

Finocchio: Homeowner sees Roderick Scott bent over Chris in his yard and calls 911.

Finocchio: James and Brian repeatedly call Chris's cell phone, don't reach him

Finocchio. Police come, load Chris into ambulance. While doing so, a bullet falls from Chris's body

Finocchio: There are bullet holes in house at 39 Baneberry Way. (and bullets)

Finocchio: Scott lives at 58 Baneberry Way and is across the street from 39 Baneberry.

Finocchio: Scott's girlfriend hears a sound outside, Scott goes to investigate, he comes back and tells her to call 911. She does.

Finocchio: His girlfriend, Tracy Allen, hears two shots. She calls 911 back. Scott brings gun back inside house and holsters it. Turns it over to police when they arrive.

Victoria Freile:
Finocchio: Casings and bullets are collected by police at the scene, as is Chris Cervini's coat. There's no evidence of close range of fire on Chris's coat.

Finocchio: There are 8 gunshot wounds to Christopher's body. First one that is noticed is a gunshot to the back (that exited through his chest). This is a fatal wound.

Finocchio: there's also one in the arm (describing entrance and wounds that was 1 gunshot that caused 6 holes in Chris)

SCATS said...

To 12:45AM ~~ Thank you for copying that. I read that when opening statements were made last week but I'm not sure what to make of it since this is the only time I've seen/heard reference made to EIGHT wounds and since the EMT testified on the first day of testimony that he saw NO WOUND to the back. The first officer on the scene testified he can't recall seeing any blood. It seems many people's recall is possibly faulty.

This whole "wound to the back" ruckus that the ADA has fixated on might be explained by how you describe a wound that is to the lower rear armpit area. I'd probably call it the side of the body. Some might call it the back.

By the way, what it says Finocchio states can't be completely accurate. She says police load the body into the ambulance but now the testimony is that the EMT's loaded the body and that's why police didn't take any photos or mark its location. I noticed several instances in the opening statement where Finocchio's description of things uses numbers or details I'm seeing for the first time. Is it her attempt to confuse the jury?

Anonymous said...

If she is not accurate in her opening statements is that under oath and can she be guilty of perjury? Official misconduct?

SCATS said...

To 11:04AM ~~ She isn't on trial or under oath, so I don't think so ... I suspect both sides take some liberties with how they portray things, they're lawyers, ya know? ;)