Section One
Friday,
March 25, 2005
Volume 33,
Issue 12
Sat, Nov 21, 2009
IN THE SGN
SECTION ONE
Front Page
MORE/ALL
SECTION ONE
STORIES
SECTION TW0
Arts & Entertainment
Trial of accused bashers enters fourth week |
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| Trial of accused bashers enters fourth week | ||
| Closing arguments begin Monday
by Robert Raketty - SGN Staff Writer The trial of three men accused of the brutal Gay bashing of Micah Painter last summer stalled this week. King County Superior Court Judge Jeffrey M. Ramsdell had twice delayed the trial on Monday and again on Wednesday after one of the 12 jurors sought treatment for a reoccurring medical condition. The trial now heads into its fourth week. The jurors have been asked to decide the guilt or innocence of Yevgeniy Savchak, 18, David Kravchenko, 20, and Vadim Samusenko, 21, who face 12-15 years in prison for their roles in the attack. After an exhaustive jury selection process, moments of intensive courtroom drama and two full weeks of testimony, the jurors were to have heard closing remarks on Monday. The judge said the juror suffer[ed] from fluid in the lungs, but that she is expected to be available 100 percent to us on Monday, March 28. Let me just say that we have good news and we have bad news. The good news is that she is responding well to medication. The bad news is that she is not available to be with us until Monday, said Ramsdell of his conversation with the jurors doctor. He told me that she was fairly dedicated to being here and had expressed her desire to finish her duties here. He had to essentially order her not to come in. He also told me that given the medication she was on, she would in all likelihood feel better by the end of the week. My inclination is to continue the recess until Monday and hit the ground running on Monday morning with all 12 of them here. I have no reason to believe that is not going to be the case right now. Ramsdell told the courtroom that he weighed several factors before making his decision to continue with the trial. I factored in the cost to everyone in a retrial. The inconvenience to everyone attending to a retrial. The fact that I think we did a painstaking job in jury selection and I dont think we could ever get a better jury on this. For all those reasons, that is my inclination, he said. However, the defense attorneys for the accused men had a far different reaction. Savchacks attorney, Peter T. Connick, motioned for a mistrial on Wednesday. The attorneys for the other two defendants where quick to join in. There has to be some kind of line drawn somewhere in the sand that says only so much time can pass from the time of the presentation of evidence until the time of deliberation. Ten days seems beyond that point, Thomas S. Olmstead, who represents Samusenko, told the judge. On principal I agree with you Mr. Olmstead, Ramsdell replied. There comes a point to say, Its been too long. I just dont think under the circumstances that waiting until Monday, when I have every reason to believe this juror is going to be available and fully functional on Monday, is a good reason to abort. So, I am going to deny the motion for a mistrial. Connick explained his motion for a mistrial to the Seattle Gay News after Wednesdays court proceedings. I think it puts undue pressure to reach a verdict, whatever the verdict. I dont think it helps the process of getting a fair trial for either side, he said. Since the jury was picked, almost two weeks would have lapsed between the closing of taking testimony and the last day, which was March 17. They are going to feel rushed to judgment, which we try to avoid. Of course, our closings will probably tax their patience too. After some wordsmithing to the more than 150 instructions that will be handed to the jurors before verdict deliberations, the judge entertained several motions from defense attorneys. Connick asked that his client be taken out of the trial and be tried separately. Olmstead told the judge he should dismiss the trial because there was insufficient evidence against his client. Ramsdell denied both requests. Closing arguments are expected to begin at 9:00 a.m. on Monday, March 28, at the King County Courthouse (516 3rd Ave., Seattle), Room W-813. The Seattle Gay News will continue to provide comprehensive coverage of the trial. |
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 GENERAL GAYETY Leslie Robinson |
 LESBIAN NOTIONS Paula Martinac |
