Post by Anja Nieser on Sept 26, 2006 15:28:08 GMT -5
Pathologist: Angle of officer's fatal wound unclear
In Poplarville, defense attorneys for a death row inmate convicted of
killing a police office in a drug raid today sought to question the claim
by prosecutors that their client was standing rather than laying down.
In Corey Maye's 2003 capital murder trial in Marion County, Rankin County
pathologist Dr. Steven Hayne testified the bullet that killed Prentiss
Police Officer Ron Jones traveled at a 20-degree downward angle.
Maye testified at his trial that he didn't hear police announce
themselves, grabbed his .380-caliber pistol and was on the floor when he
fired upward in self-defense. Assistant District Attorney Doug Miller said
officers testified at Maye's trial that they saw a light turned on inside
Maye's duplex after they raided the other side of the duplex and arrested
Jamie Smith, 21. Officers also testified they knocked on Maye's door and
announced themselves but got no answer. They said Maye was standing when
he fired on Jones.
In the hearing today in Pearl River County Circuit Court on Maye's motion
for a new trial, defense witness Jack Daniel, a pathologist from Richmond,
Va., said there's no way to determine what angle the bullet was fired from
strictly by examining the wounds in Jones' body.
To make that determination, Daniel said you would have to know the
position of the body, the elevation of the gun and the distance between
the muzzle the gun and the body.
For example, he said, if the victim were leaning forward at a 40-degree
angle, most likely in a running position, the bullet could actually be
traveling at a 20 degree upward angle.
The wound would be downward even though the bullet was fired upward.
"I don't believe Dr. Hayne had a reliable basis to place the location of
the shooter," Daniel testified.
District Attorney Buddy McDonald read portions of Hayne's testimony from
the 2003 trial that shows the pathologist never pinpointed Maye's or
Jones' position.
"Is it possible (Maye) was standing when he shot (Jones)?" McDonald asked.
"It's possible," Daniel replied.
He explained: "There are a great number of positions that could fit the
findings."
On Jan. 23, 2004, a Marion County jury sentenced Maye to die by lethal
injection.
Maye, now 25, who had no prior criminal record, testified he had fallen
asleep in the chair when officers raided his duplex the day after
Christmas in 2001 in search of drugs.
The hearing on Maye's motion for a new trial began Wednesday and is
expected to conclude today.
Circuit Judge Michael Eubanks, who tried the case, will decide whether to
grant a new trial.
Legal experts says motions for new trials are rarely granted. But it's
also rare for a judge to hold a full-blown hearing for such a motion.
In addition to Daniel's testimony, crime scene expert Larry McCann of
Manasses, Va., testified Wednesday there is evidence to support Maye's
version of events based on the trial transcript, photographs of the crime
scene, the autopsy report and other documents, the clothing Jones wore and
a bullet hole in the door frame.
McCann testified he found the only law enforcement insignias on Jones'
jacket were on the shoulders, not the front, and that the bullet hole in
the door frame was fired at a 56-degree angle.
During cross-examination by Miller on Wednesday, Miller told McCann the
door frame was removed at one time. McCann testified if it were reposition
differently, his conclusions would be affected.
But after being shown a crime scene photo with the door frame in almost
the exact position, McCann said the difference might slightly change his
measurements but it "wouldn't alter my conclusions at all."
(source: Clarion Ledger)
In Poplarville, defense attorneys for a death row inmate convicted of
killing a police office in a drug raid today sought to question the claim
by prosecutors that their client was standing rather than laying down.
In Corey Maye's 2003 capital murder trial in Marion County, Rankin County
pathologist Dr. Steven Hayne testified the bullet that killed Prentiss
Police Officer Ron Jones traveled at a 20-degree downward angle.
Maye testified at his trial that he didn't hear police announce
themselves, grabbed his .380-caliber pistol and was on the floor when he
fired upward in self-defense. Assistant District Attorney Doug Miller said
officers testified at Maye's trial that they saw a light turned on inside
Maye's duplex after they raided the other side of the duplex and arrested
Jamie Smith, 21. Officers also testified they knocked on Maye's door and
announced themselves but got no answer. They said Maye was standing when
he fired on Jones.
In the hearing today in Pearl River County Circuit Court on Maye's motion
for a new trial, defense witness Jack Daniel, a pathologist from Richmond,
Va., said there's no way to determine what angle the bullet was fired from
strictly by examining the wounds in Jones' body.
To make that determination, Daniel said you would have to know the
position of the body, the elevation of the gun and the distance between
the muzzle the gun and the body.
For example, he said, if the victim were leaning forward at a 40-degree
angle, most likely in a running position, the bullet could actually be
traveling at a 20 degree upward angle.
The wound would be downward even though the bullet was fired upward.
"I don't believe Dr. Hayne had a reliable basis to place the location of
the shooter," Daniel testified.
District Attorney Buddy McDonald read portions of Hayne's testimony from
the 2003 trial that shows the pathologist never pinpointed Maye's or
Jones' position.
"Is it possible (Maye) was standing when he shot (Jones)?" McDonald asked.
"It's possible," Daniel replied.
He explained: "There are a great number of positions that could fit the
findings."
On Jan. 23, 2004, a Marion County jury sentenced Maye to die by lethal
injection.
Maye, now 25, who had no prior criminal record, testified he had fallen
asleep in the chair when officers raided his duplex the day after
Christmas in 2001 in search of drugs.
The hearing on Maye's motion for a new trial began Wednesday and is
expected to conclude today.
Circuit Judge Michael Eubanks, who tried the case, will decide whether to
grant a new trial.
Legal experts says motions for new trials are rarely granted. But it's
also rare for a judge to hold a full-blown hearing for such a motion.
In addition to Daniel's testimony, crime scene expert Larry McCann of
Manasses, Va., testified Wednesday there is evidence to support Maye's
version of events based on the trial transcript, photographs of the crime
scene, the autopsy report and other documents, the clothing Jones wore and
a bullet hole in the door frame.
McCann testified he found the only law enforcement insignias on Jones'
jacket were on the shoulders, not the front, and that the bullet hole in
the door frame was fired at a 56-degree angle.
During cross-examination by Miller on Wednesday, Miller told McCann the
door frame was removed at one time. McCann testified if it were reposition
differently, his conclusions would be affected.
But after being shown a crime scene photo with the door frame in almost
the exact position, McCann said the difference might slightly change his
measurements but it "wouldn't alter my conclusions at all."
(source: Clarion Ledger)