08-25-2014, 05:42 PM
TODAY IN COURT: NO SMOKING GUN -- ACTUALLY, NO GUN AT ALL
Snip:
The attorney for Barajas argued with investigators Monday that none of the evidence they have presented at trial directly links his client to the murder.
Investigators testified Monday they found a gun holster and ammunition in the home of David Barajas, who is accused of going to his house, retrieving a gun and then shooting Banda in December 2012 near Alvin minutes after Banda plowed into a vehicle that Barajas and his two sons had been pushing on a rural road.
While the murder weapon was never found, prosecutors have suggested that the holster and ammunition were evidence that Barajas owned a weapon. Barajas' lawyer, Sam Cammack, has denied his client ever owned a gun.
Chris Anderson, a former investigator with the Brazoria County Sheriff's Office, testified that the day after the accident, he searched Barajas' mobile home and found the empty gun holster and a box of ammunition for a .357 caliber handgun.
Cammack asked (investigator) Anderson how the holster tied Barajas to the crime if no gun was found.
Anderson said tests showed a bullet fragment found in Banda's car could have possibly come from a .357 caliber weapon and the holster could hold such a handgun.
Cammack said tests showed the bullet fragment could have also come from a 9mm handgun or a .38 caliber weapon.
"The search (of Barajas' home) came back with a big fat zero," Cammack said. "That is not correct," said Anderson.
Another investigator, Kent Nielson, testified he found at Barajas' house a home security system that had a missing hard drive. Prosecutors have said security cameras outside of Barajas' home could have captured video of the crash site.
But when questioned by Cammack, Nielson said he didn't know if the security system was working on the night of the accident.
Cammack has focused his efforts at Barajas' trial, which began last week, on suggesting that Banda could have been shot by several other people who fled the crash site.
Full story: http://www.wfla.com/story/26364791/trial...texas-town
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What's next in the trial?
Prosecutors are wrapping their case-in-chief today. The defense is beginning its case-in-chief tomorrow. Then there will be closing arguments, followed by jury deliberations. Both sides expect deliberations to begin by week's end.
There is plenty of circumstantial evidence pointing to Barajas (personally, I believe he shot and killed Banda), which is what a good percentage of cases rest upon. But, in this case, I think there are too many loose ends for prosecutors to secure a conviction.
I don't think the defense will call a lot of witnesses, if any. They're in good shape for an acquittal as it stands, IMO, and won't want any witness to open the door to something that could backfire on cross-examination.
Snip:
The attorney for Barajas argued with investigators Monday that none of the evidence they have presented at trial directly links his client to the murder.
Investigators testified Monday they found a gun holster and ammunition in the home of David Barajas, who is accused of going to his house, retrieving a gun and then shooting Banda in December 2012 near Alvin minutes after Banda plowed into a vehicle that Barajas and his two sons had been pushing on a rural road.
While the murder weapon was never found, prosecutors have suggested that the holster and ammunition were evidence that Barajas owned a weapon. Barajas' lawyer, Sam Cammack, has denied his client ever owned a gun.
Chris Anderson, a former investigator with the Brazoria County Sheriff's Office, testified that the day after the accident, he searched Barajas' mobile home and found the empty gun holster and a box of ammunition for a .357 caliber handgun.
Cammack asked (investigator) Anderson how the holster tied Barajas to the crime if no gun was found.
Anderson said tests showed a bullet fragment found in Banda's car could have possibly come from a .357 caliber weapon and the holster could hold such a handgun.
Cammack said tests showed the bullet fragment could have also come from a 9mm handgun or a .38 caliber weapon.
"The search (of Barajas' home) came back with a big fat zero," Cammack said. "That is not correct," said Anderson.
Another investigator, Kent Nielson, testified he found at Barajas' house a home security system that had a missing hard drive. Prosecutors have said security cameras outside of Barajas' home could have captured video of the crash site.
But when questioned by Cammack, Nielson said he didn't know if the security system was working on the night of the accident.
Cammack has focused his efforts at Barajas' trial, which began last week, on suggesting that Banda could have been shot by several other people who fled the crash site.
Full story: http://www.wfla.com/story/26364791/trial...texas-town
------------------------------------------------------------------
What's next in the trial?
Prosecutors are wrapping their case-in-chief today. The defense is beginning its case-in-chief tomorrow. Then there will be closing arguments, followed by jury deliberations. Both sides expect deliberations to begin by week's end.
There is plenty of circumstantial evidence pointing to Barajas (personally, I believe he shot and killed Banda), which is what a good percentage of cases rest upon. But, in this case, I think there are too many loose ends for prosecutors to secure a conviction.
I don't think the defense will call a lot of witnesses, if any. They're in good shape for an acquittal as it stands, IMO, and won't want any witness to open the door to something that could backfire on cross-examination.