"What the evidence will show, despite what Ms. Timm said," is that this was self defense; "an act of a sudden quarrel," said Deputy Public Defender Casey Russo in his opening statement.
Mr. Russo intends to present character witnesses that 77 year old David Kobak had no history of violence. He was "not a saint but a fun loving guy." Kobak was friends with 59 year old Loftus who had been a deckhand on Kobak's boat. There were pictures of Loftus in Kobak's living room.
"From defense,you will learn when Loftus drinks he becomes aggressive and quarrelsome." Mr. Russo said Loftus "lived a vagabond lifestyle."
In August 2017, Loftus and Kobak had not seen each other for six years. They both liked to drink. "There are a lot of unknowns," said Mr. Russo. He called Deputy District Attorney Whitney Timm's version of events "clean and linear."
"There are no independent witnesses of the shooting." A defense expert will testify about Kobak's blood level. In my previous coverage, I have mentioned that the defense plans to offer expert opinion on how an old man's metabolism is affected by alcohol.
Mr. Russo said that Loftus expressed "long harbored resentment" towards Kobak. Loftus swung at Kobak, "hit him in the face".
"You will hear the 911 call. What you are going to hear in this case is from Mr. Kobak." He will testify.
"Mr. Kobak doesn't remember the actual shooting. He remembers bits and pieces leading up to the shooting."
Mr. Russo said that despite him being intoxicated, EPD tested him with a breathlyzer and interviewed him without giving him coffee or water. "This is the only time law enforcement interviews him."
"You will learn that Mr. Kobak has memory issues. I tell you this because the prosecution is going to rely on Mr. Kobak's words.
Mr. Russo mentioned voluntary manslaughter, self defense and not guilty as verdict options.
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