"This is my chance to tell you what the evidence will show," said Deputy District Attorney Roger Rees to the 12 member jury and 2 alternates this morning in Courtroom 2. "On a Wednesday afternoon last December, Eli and Bill are hanging out in Shay Park." They were smoking an electronic ciggarette.
"The defendant approaches them and asks them if he can take a hit. The defendant takes a puff, then puts it in his pocket and Eli says, 'Please give my pen back.' The defendant does not give the pen back, takes a knife out and stabs Eli and takes off running. Eli chases him and the defendant the takes a slash at him. Eli tries to defend himself with a fence board. Officer Kasinger shows up, finds pen, knife" on the defendant.
"That's it, that's the case." DDA Rees concluded his brief opening statement.
Phoenix Campbell-Loya's Public Defender, Ms. Meagan O' Connell started her remarks with, "You have already heard what Mr. Campbell has been charged with, assault with a deadly weapon and carrying a concealed dirk/dagger."
"As jurors your job is to see if the facts fit with the crime," said Ms. O'Connell. "As the Judge has told you, she will instruct you on the law. All elements of the crime need to be proved beyond a reasonable doubt. "The evidence in this case will not be enough to show Mr. Campbell committed this crime."
"Elijah Hansen, William Hardnick and Phoenix Campbell are in Shay Park smoking an e-ciggarette. It is illegal for people under 18 to purchase an e-ciggarette. The victims were 17 at the time of the crime. According to the teens, Mr. Campbell approached them and allegedly brought alcohol. The teens gave the e-ciggarette to Mr. Campbell, he walked away and took the vape pen with him. I don't know what language was used. It has been said, "Please." Elijah confronted Mr. Campbell."
"Mr. Campbell was some distance away from the teens, saw them coming at him,pulled a knife out of his pocket to keep them away. Elijah charges against Mr. Campbell demanding pen back. Mr. Campbell ran away. What did William do? He told police officer he too confronted Mr. Campbell and hit him with his skateboard. The one he tried to "block" him with. They chase him. Elijah breaks a board from a fence and they chase him from Shay Park onto Alliance. Mr. Campbell while running drops knife, only to defend himself from someone who is approaching him with a large piece of wood. Police arrive. All three cooperate. Mr. Campbell tells them he has a knife. "
"At the end of this case, when you have heard all the evidence, I will ask you if the facts of the case fit the crime. The facts of the case don't fit the crime. I will ask you to return with a not guilty verdict.
I posted the charges and did a post earlier today with the press release. Scroll down or click on this link: http://johnchiv.blogspot.com/2015/06/opening-arguments-start-in-alleged.html
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