May 14, 2014

Highlights of defense opening arguments in the Bodhi Tree trial

Heidi Holmquist who is defending Bodhi Tree along with Casey Russo opened her remarks with, "I am proud to tell you and the entire community the truth about this case." I looked up what Bodhi Tree's name meant and it is a Sanskrit word meaning enlightenment.

Ms. Holmquist was very forceful and did not mince words in her opening remarks.

"What you will  hear is enlightement about how police investigations are conducted, how a person can be arrested on the word of a known heroin addict, " she said. Ms. Holmquist talked about Bodhi Tree's previous arrest.

Ms. Holmquist said that Bodhi Tree was intoxicated at the party and she did acknowledge that he "hit on a woman" at the party, that he was at the Eye Street house on and off on May 16 and 17. That Bodhi was intoxicated when Arcata law enforcement interviewed him.

The intoxication affirms the prosecution account of Bodhi Tree consuming alcohol during the same time frame.

"At no time did they tell him he was being charged with homicide," said Ms. Holmquist. She mentioned the word of a heroin addict for the second time. "Mr. Tree is not the muderer, he was an easy target, no one saw the crime."

Ms. Holmquist said that "evidence will show Mr. Marcet and Ms. Schwarz were not boyfriend and girlfriend. There is no evidence of confrontation."

Again she mentioned reliance on the word of a "known junkie." Pointed out that no gun was recovered and said "Sean Butler-Smith who was intoxicated during his interogation is someone who will say anything to get his next fix." She said he is on felony probation and alleged that police gave his heroin back to him after "he gave them what they wanted to hear."

"The prosecution wants you to take Sean Butler'Smith's word as end of the story," said Ms. Holmquist. "Throughout this trial the story is twisted to fit the prosecution's theory. Mr. Tree is not a perfect person but he is not a killer. All you will find in this case is reasonable doubt."

The morning concluded with the questioning of Officer Drake Goodale and Officer Cosetti who will continue her testimony tomorrow. The two officers are witnesses to the Rhett August shooting which occurred in Eureka. Mr. Russo is questioning the Eureka witnesses and Ms. Holmquist the Arcata witnesses.

1 comment:

  1. Odd. I never once heard anyone say they were boyfriend and girlfriend. Nor would they have to be for him to come to her defense.

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