Section One
Friday,
March 18, 2005
Volume 33,
Issue 11
Sat, Nov 21, 2009
IN THE SGN
SECTION ONE
Front Page
MORE/ALL
SECTION ONE
STORIES
SECTION TW0
Arts & Entertainment
Micah Painter takes the stand in second week of trial |
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| Micah Painter takes the stand in second week of trial | ||
| by Robert Raketty
- SGN Staff Writer
The trial of three men accused of the brutal Gay-bashing of 24-year-old Micah Painter continued this week. Jurors heard from the victim for the first time, and later from the defendants themselves in the form of taped interviews with police detectives. Closing arguments are expected to begin at 9:00 a.m. on Monday, March 21, at the King County Courthouse, Room W-814. The three men Yevgeniy Savchak, 18, David Kravchenko, 20, and Vadim Samusenko, 21 could face 12 to 15 years in prison for their roles in the attack on June 27. PAINTER TAKES THE STAND Painter, a landscaper and personal trainer, took the stand on Monday. His compelling and straightforward testimony would be marked by moments of intense emotion as he described the trauma he had endured. At one point, Painter turned his head to look away from the photographs of his injuries. Sean ODonnell began his questioning by asking Painter about his upbringing in an attempt to humanize him before the jury. Painter said he had been born in Bremerton and moved to Seattle in 1997. He said he spent several years competing in gymnastics and had been weight training since June 2003. Painter told the jury that he had spent the morning of June 26 in his garden and watching the Womens All-Around Olympic competition that evening. When asked, he was frank in his admission to having smoked a quarter of a graham of methamphetamine at about 10:00 p.m. before heading out to the Timberline. His friend, Donny Gallegos who was near Painters side in the courthouse much of the day drove the two to the Timberline that night. At the Timberline, Painter said he took one pill of ecstasy, which he said makes me feel noxious. He said that despite the drug use, his hearing and vision were fine. His clothing having grown soaking wet from dancing in the crowded bar, he said he decided to go to Donnys vehicle where he had a change of clothes. He said he walked up Yale Street before crossing over to the other side where a 24 Hour Fitness is located. Fairly quickly, I wanted to get where I was going and had two stops to make, he said about his attitude when leaving Timberline. He planned to pick up his clothes from Donnys vehicle, but change in different vehicle that had tinted windows. He said he heard very loud music coming from behind him. He didnt turn to look until he heard derogatory remarks being made, such as faggot and queer. I assumed it was [directed] toward me, Painter said about the verbal assault. He said the main culprit was a man in the back seat of a white two door pick up. Painter said the man was wearing a white baseball cap turned around backwards. I returned that with the finger and said some words of my own I said, Fuck you breeder, said Painter. I wanted to let them know I was not going to take being insulted without giving something back. The derogatory remarks continued, Painter said. He said he then made a masturbatory motion in the air. It was just a fuck-off and leave me alone kind of gesture, said Painter. I rounded the corner and figured that was that. However, Painters nightmare was just about to begin. He was unaware that Samusenko had gotten out of the truck, turned the corner, and was now behind him. At that point, I heard someone yell very loudly, Hey, he said. The man also had a very large glass bottle in his hand, which he was waving around over his head. It didnt seem like it was real, said Painter about the events unfolding in front of him. Then, he says, Samusenko asked, I have just one question for you. Are you Gay? Painter said he answered in a normal voice, Yes, or hell yes. Thats when he said Samsenko broke the bottle against the wall. The testimony of other witnesses supported Micahs testimony that the bottle had indeed been broken against a wall. The two women with Samsenko and the two other accused assailants testified that the bottle had been broken against a fire hydrant and implied that it may have been done accidentally. I said, Are you sure you want to do this? There is a police precinct just a block from here, Painter recalled telling Samusenko. He said he held his ground as Samusenko lunged toward him three times before the man attacked him with the bottle held high. Painter said he was able to grab the mans right wrist and put him into a headlock. Thats when prosecutors believe Kravchenko and Savchak joined in. ...I am on the ground and hear, Die, faggot, die... I felt a kick in my back and something slam into my face, he said. I felt this fist hit me in the face. I fell. I still had the head of the man with the bottle I am on the ground and hear, Die, faggot, die. After rolling with Samusenko on the ground, Painter said he lost his grip. Samusenko got up and Painter followed. There were three people surrounding me in a semicircle, he said. I was yelling for help from anybody. He said the attack then suddenly ended; the men went back to their truck and Painter said he saw two women run from a location nearby and get in the truck as well. Before they could speed off, Painter said he approached the truck to look for a license plate. Blood was running into my eyes, he said. My pants were covered in blood I was going to use my blood to write the license plate on my pants [but] there was no license plate (the truck had been recently purchased). Left on the sidewalk bleeding profusely, Painter said he staggered to Gallegos vehicle where he planned to wait for his friend. However, he soon realized he needed help. I wanted to get somewhere safe. I went back to the Timberline, he said. Patrons and bar staff tended to Painter until paramedics and police arrived. He was sent to Harborview Medical Center for treatment where he would stay for two days. They put me on the examining table The doctor pulled out pieces of glass one by one, said Painter. I had a cut from my left eye, down my nose and left cheek I had two major cuts to my right side and my shoulder. Thomas S. Olmstead, Samusenkos attorney, was aggressive in his questioning of Painter and at times raised his voice in an aggressive tone. Olmstead asked Micah if he had been the aggressor that night. Micah flatly denied his assertion. Olmstead also asked how methamphetamines affected him sexually. Along the same lines, Timothy S. McGarry, Kravchenkos attorney, asked about the masturbatory gesture. It is sexual in its origin is it not? he asked. Over strong objections from the prosecuting attorneys, Peter T. Connick, Savchaks attorney, asked Painter if he knew it was a felony to use illegal drugs. He also asked if he was being prosecuted for possession and use of illegal drugs. Connick later told the Seattle Gay News that the deferred prosecution that was offered to Painter could taint the honesty of his testimony. He was brought in stabbed in the back [and] cut in the face... The next to testify on Monday was Dr. Jason King, a medical student in the Emergency Room of Harborview Medical Center. King had treated Painter on the night of the incident. He testified that standard medical procedures had been practiced for assaults, including talking X-rays, an abdominal CT scan and drug test. His testimony would be central to proving the prosecutors theory that the three men did inflict great bodily harm on Painter. He was brought in stabbed in the back [and] cut in the face, he said. He was in a tremendous amount of pain. We washed out his wounds put staples in his back and sutchered up his face. King said that the urine test came back positive for meth and opiates. He theorized that the opiates (morphine) were administered in the ambulance or at the hospital. Painters drug use had little significance on the course of medical care that was provided, according to King. King also testified that Painter seemed appropriately oriented to what was going on King said Painter knew who he was, where he was and about what time it was. This rebuts speculation by defense council that Painters use of drugs severely clouded his judgment and perception of events on the night of the incident. ...I am really sorry... If I was sober, this would have never happened... The lead investigator of the incident for the Seattle Police Department, Det. Al Cruise, also took the stand on Tuesday. Cruise testified he had traveled to Bellingham to interview Kravchenko and Samusenko. Cruise and Deputy Prosecutor Sean ODonnell took turns reading a transcript of their tape recorded conversation with the two accused men on July 13. Kravchencko had admitted to having been involved in the incident and that he remembered hearing a remark derogatory toward Gays. I do remember someone yelling, Fuck you, you faggot. They were already yelling at each other. Then, they started brawling. He had said he remembered stopping a couple blocks away where they met Richard Evans who would later testify that Samusenko had pulled a gun on him after accusing him of being a police officer when Evans had used one of the mens cell phone to call his girlfriend. Cruise traced the owner of the phone back to Kravchenkos family using the number provided on Caller ID, thus leading to the arrest of the three men. However, Kravchenko said didnt remember Evans making a call from his cell phone. He also said he that the incident had become such a big deal. The regions Lesbian, Gay, Bisexual and Transgender community had rallied around Painter in the days following the attack with rallies, marches and protests. Seattle-area newspapers and television stations had also reported the facts of the crime. Cruise was again called to the stand. He read Samusenkos statement that was collected during a taped interview on July 18. Samusenko had said of Painter: He is showing hand gestures and smiling, jumping up and down, being kind of cocky. When asked if anti-Gay epithets were involved, Samusenko said he was pretty sure there were but he couldnt be sure because he was so drunk. I thought, you know, he was Gay, he had said. He was trying to put that on us, you know, and I am not Gay. He had admitted to asking Painter if he was Gay. I am like, Are you Gay?, he said. He goes, Hell yeah. I just asked him, you know, being polite or something I was just seeing what he was going to do It made me more mad. When asked about the bottle, Samusenko said, He starts running toward me That is when the bottle first comes into use I am not sure at which point but, the bottle was broken at one point I remember I slashed him some, somehow. Samusenko implied he was defending himself from Painter. I started thinking, Hes bigger than me. Hes taller than me. After the assault on Painter, he said he heard the two girls he was with that night screaming and stuff He had said the next thing he heard was Lets get out of here. He had told investigators he that he was kind of shocked from all this. Samusenko admitted running into Evans a few blocks away from the scene of the incident. I remember telling him that we just got into a fight with this guy down the street, he said. He had said that Evans asked to use a cell phone a couple of times before finally one of the three men allow him to use theirs. Samusenko said he became nervous when he heard Evans giving directions to their location and thought he might be a police officer. Evans would later testify he was explaining to his girlfriend where he was so she could pick him up when Samusenko pulled out a gun. There was a little toy gun Im pretty sure it was a toy It was black, kind of chrome, he had said. Im holding it in my hands. I said, Hey man, are you calling the cops? He handed it back very fast and said, No man, its all good. Samusenko also told investigators that he couldnt believe it was really happening and seemed like a big, weird, dream that it happened. I just wanted to say I am really sorry, he had said. If I was sober, this would have never happened. After a break for lunch, Cruise continued his testimony. Olmstead asked the detective a series of odd questions, including, In the City of Seattle it is not illegal, yet, to ask someone if theyre Gay? He also asked if keys could be considered a weapon. Painter had two sets of keys, one pair in each hand. Brooke Wright, who was traveling in car when she witnessed the incident, had testified last week but was again called to the stand to answer questions about her identification of Savchak in a photo montage. I could look at him and say with 100 percent certainty he was one of the people at the scene, she said of the photo. Det. Cruise followed Wright. He admitted to taking pictures at the scene long after the incident at the request of the Prosecutors Office. In hindsight, youre right. I probably should have gone out the next day, he replied to Connicks question about the photographs. Connick attempted to poke holes in the prosecuting attorneys argument. He asked if Evans ever received a reward for information he provided to police. Olmstead tried to discredit Evans by inferring he was motivated by money. He asked Cruise about Evans first contact with police. He called to get the number for CrimeStoppers, correct? asked Olmstead. He also asked about another witness, who failed to tell police that he was under the influence of ecstasy when he witnessed the incident. Connick asked Cruise about the pressure he was under from Gay activists. The detective said that he did feel some pressure from the LGBT community. Yeah, they were demanding action, he said. Once, during a visit to the Timberline, he said he felt physically threatened. I was beginning to feel threatened by this one man, said Cruise. McGarry, Kravchenkos attorney, attempted to cast doubt on some of the physical evidence in the case, such as the bloody pants worn by painter that night. He asked Cruise if Painters friend, Gallegos, had provided the pants and pictures of Painters injuries to police. We beat that faggot... On Wednesday, Carrie Schlemmer, a witness to the incident, testified. She said she had been the designated driver for two female friends on the night of the incident. She heard voices and saw Painter give someone the finger. She said that in her rearview mirror she could see a truckload of people. She testified that she saw Painter make a masturbatory motion and then turn the corner. Then, someone got out of the truck and followed him. Thats when the truck attempted to pass her. She said she had to pull into the crosswalk to avoid being hit. She said the other two men ran to join the other man and thats when she realized something was wrong. She promptly dialed 911 and reported the fight unfolding before her. She said she provided a frank and honest account of what happened. Evans was the next to testify. He said that the three men were in a celebratory mood shortly after assaulting Painter. He said the three men jumped out of the truck, were jumping up and down. He overheard one say, We beat that faggot. He also said Samusenko put a gun to his chest and accused him of being a police officer and threatened to take his life. Fortunately, the two other men calmed him down and took the gun from him. Evans described the gun as chrome or nickel plated with a clip for bullets. He thought it could have been fully automated. Evans said he knew guns well because he knows guns and is a gun collector. ...It looked as if a flank of meat had been cut of his back On Thursday, the courtroom was filled with over 50 friends and family of the three defendants. Samusenkos mom spoke to them before the court was in session. Seattle Police Detective Kuenzi had responded to the scene the night of the incident. He testified about Painters injuries, his conversations with witnesses and his efforts to collect evidence. When asked about Painters injuries, he said, Somebody had a towel they were pressing to his back It looked as if a flank of meat had been cut of his back He was slashed in the area of the nose and left eye. Kuenzi said he thought Painter might have been under the influence of something and didnt remember much either. Olmstead asked if a doctor would be more appropriate to describe Painters injuries. Connick asked if Painter had described Samusenko as having bleached blond hair. The defense attorneys had tried to discredit Painter by saying he had described Samusenko as having bleached blond hair. However, Kuenzi said, I could not remember that. No. Cruise again took the stand. The prosecuting attorneys wanted to show that Evans had identified Samusenko and Savchak while reviewing photo montages. A photograph of Kravchenko was not available at the time. He selected the picture and told me that picture number five looked like a man near the truck with several friends, Cruised recalled Evans had said about Samusenko. According to Cruise, Evans also identified Savchak. He said he strongly believes this was one of the guys talking about an assault in a parking lot. Under questioning from Connick, Cruise admitted that he did not note in his report that Painter had admitted to methamphetamine use after giving him a taped account of the incident. The prosecuting attorneys rested their case. Connick, McGarry and Olmstead all moved to have the Assault in the First Degree and malicious harassment charges dropped. They believed the prosecuting attorneys had failed to prove that the assault caused great bodily harm and was predicated by hate motivated violence. Washington States malicious harassment law enhances the penalties for criminals convicted of acts of hate motivated violence. The law had been expanded to include sexual orientation in 1993. There is a total insufficiency of evidence that Mr. Kravchenko had committed a [hate crime] because Mr. Painter was Gay, said McGarry about his client. The judge denied the motions. I distinctly recall [Painter] still having scarring on his face, said Ramsdell. The last to testify was Dr. Stephen Pittel, a forensic psychologist from Berkley. Olmstead had asked a few hypothetical questions that were remarkably similar to the facts of the trial. Meth is a central nervous system stimulant, the equivalent of speed, he said. Meth is a much more potent form of adrenaline. He said that ecstasy is a psychedelic drug similar to LSD It acts as a stimulant as well as a hallucinogenic agent. When asked to describe the affect of a quarter of a gram of methamphetamine, the same amount Painter had admitted to smoking the night of the incident, he said that would be a lethal dose for someone who had not taken methamphetamines before. Although Cashman could not ask the Pittel about his prior cocaine use, she landed several blows against the defenses witness. He admitted he was not a licensed psychologist and not a toxicologist. She also said he had made adaptations to an alcohol blood level chart without providing a reference to where it came from. She also noted that the witness had been paid $2,000, plus airfare, for his testimony. The defense also rested their case on Thursday. The Seattle Gay News will continue to provide comprehensive coverage of the trial, which is expected to wrap up next week.t David Hildebrand contributed to this report. |
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