May 21, 2014

Bodhi Tree trial testimony today starts with a standoff between Crow and Russo

Casey Russo continued his cross examination of Crow today. Asked him details of events on May 15. Crow's demeanor was slightly better today. Mr. Russo's questioning was very aggressive but Crow was not intimidated.

Crow said he did not use heroin on May 15, but he had the night before.  Mr. Russo kept referring to Crow's testimony the day before. Crow admitted he struggled with his heroin addiction and has tried to stay clean. When he is in Trinidad, he has no access. It is when he gets to McKinleyville or south of Trinidad, that he gets in trouble.  Crow said heroin gets him to the point where he can function. Mr. Russo asked him to elaborate what he meant by that statement.

Crow said that a person gets physically dependent on heroin. And that one can consume just enough so they do not get sick or are at the point of feeling "well."

Today, Crow mentioned there was a third person in the car who got dropped off at the Shell gas station before going to Rhett's house. "Yesterday, after I testified, I went home and thought about it," he said. "I did not think it was important," is what he said when asked why he did not mention this before.

While Mr. Russo tried to suggest this was the first time Crow mentioned a third person, Ms. Firpo on redirect showed Crow a copy of the report to refresh his recollection and in that report, Crow said there were three people in car. Then, Crow said there were four in the car, altogether, including him. His testimony is all over the place.

Mr. Russo showed the jury a picture of the Landrover, which is Crow's mother's car that he borrows when he needs.

Mr. Russo questioned Crow on his motives about giving a ride to a person he did not like, Smith and people he did not know. Mr. Russo got Crow to admit he wanted the $20 for drugs. Crow admits to struggling with heroin use.

In his testimony, Crow said his gas gauge was broken. Mr. Russo questioned Crow about why he did not call the police, why he did not tell anyone else and why he told his parents a vague story and not the truth about what happened. During redirect, Ms. Firpo got Crow to say he did not want his parents to know because he had started to quit. He had never been arrested except for one incident when he was 17 and stealing a bottle of alcohol. "Just because of everything that happened" (referring to witnessing the shots in Eureka). He wanted to put the incident past him. His heroin use got worse  This is when he said he takes just a little bit of heroin so he does not get sick. It is like medicine, not substantial amount to get high. He also added that the May 15 incident happened "right after he had quit Teen Challenge." And he is not taking heroin now.

In his testimony to both Ms. Firpo and Ms. Russo, Crow admitted he did not like Sean Butler-Smith.  MS. Firpo asked him why did he gave a ride to someone he did not like. "Just because of how I was raised, common courtesy," said Crow. "I did not know if he needed help and because I was trying to get a fix."

Crow admitted on the stand he is under immunity for his testimony.


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