May 3, 2017

"Oh shit, he has a knife"; a member of Brothers United kicked out , he thinks "because of the events on April 15"


(Lawson)



Day 3 of Kyle Zoellner's preliminary and more conflicting versions continued in the afternoon.

One CR student, one former member of Brothers United and David Josiah's girlfriend Renalyn Bobadilla testified. She will be on the stand tomorrow for cross examination.

Jason Martinez, a CR student, aware of Brothers United said, "I know Josiah, Keaundrey and some others" was first to testify. According to him, "he saw two dudes in the grass". Josiah was one of those two men, he could not describe the other man, just said he was "slim" and could not identify Kyle Zoellner.

Martinez was the first witness to testify to a statement, "Oh shit, he has a knife" but could not say whether the voice he heard was Josiah's or Kyle Zoellner's voice. He did not see a knife in the unidentified man's hand but he "saw the man strike Josiah twice". Once on "the lower part of Josiah's stomach" and once towards "Josiah's upper chest."

The most difficult testimony to watch was that of Clark. He has been a member of Brothers United since last October and was kicked out of the group two weeks ago. Clark thinks it is " because of the events on April 15."  He was hesitant to answer some questions about Brothers United and the status of his friendship with Paris Wright, who testified yesterday. You could see him struggle and do his best to recall the events of the night and the hurt he felt testifying against his own "brothers" and friends.

At one point during cross examination, Deputy Public Defender Luke Brownfield asked him about a code Brothers United had. Clark said, not a code, but words they live by. He would not state what those words were or confirm Mr. Brownfield asking him if it was "Brothers before all others."

Clark also did not respond when Mr. Brownfield asked him if there was an expectation that if one brother was in a fight, others should join in. Clark did acknowledge Mr. Brownfield's statement that he (Clark) did not join in when others were attacking the defendant.

The group of people attacking Zoellner with Wright were not identified as other Brothers United members by Clark but people at the party.

Clark went to the police on his own, he said, to tell the truth. Clark is also the only witness, so far, to state Wright and Zoellner were in a "combative stance" and that a group of about 10 people attacked and punched Zoellner, including Wright.

Clark said he never saw a knife but he heard Wright address Zoellner, "Is that a knife?"

Clark is also the first witness to state he heard both statements, "I hope he dies" and "I hope that nigger die." He attributed both statements to Lilla Ortega, Zoellner's girlfriend.

Bobadilla's testimony did not add any new information to what has already been testified. Except for some colorful language.

She repeated at least five times, about her "boob" being bitten by Ortega, at least twice, not in response to the question asked.

She said when they were getting ready to leave the party, she went to get Josiah, who was smoking marijuana with his friends.

When other people were asked if there were any drugs or weed at the party, they said no.

In her own words, she confronted Lilla Ortega and Naiya Wilkins by saying, "What the fuck did you throw in my face?

Before break, I happened to be standing by a DA Investigator when a friend of Bobadilla's requested a cup of water for Bobadilla because she was having anxiety.  I do not know if that anxiety and losing her boyfriend affected her demeanor in court but she was smiling, laughing and her responses were all over the place.

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