The last time court was in session for the Bladen 12 was over a month ago on February 28th, when Prosecutor Alifah Elrington told us that they weren't even at the half way mark for the trial within a trial - which has to be settled before the actual trial can begin.
So, today that trial within a trial continued where two new witnesses were called to testify that the caution statements given by Moises Perez, one of the accused, was given voluntarily while he was in police custody. Cpl Jose Uh the officer who was present when Perez gave his caution statements was called this morning. And later in the afternoon, Justice of the Peace Martin Cal, who was also present and stamped Perez's Caution statement took the stand.
Attorney Leroy Banner and Prosecutor Alifah Elrington broke down for us what transpired in court today.
Leroy Banner, Attorney
"I am in the Voir Dire, right now in the Voir Dire, I can't comment on the matter."
Reporter
"But what was that procedure? She gave it normally an evidence number."
Leroy Banner, Attorney
"No. What happened is that the person who recorded the caution statement testified today and it was tendered. So she just marked it to say it is entered into evidence."
Reporter
"But what does that mean? Because at the end of the Voir Dire she will decide whether the caution statement will be accepted into evidence is what we understand."
Leroy Banner, Attorney
"That is so. So at this stage we are going through the process, then she will decide on hearing both sides if it was given freely and voluntarily. Then she will admit it into evidence formally. So right now it is tendered into evidence. And if she decides that okay, I am satisfied that it was given freely in complaint of the evidence act, I will admit it. But at this stage, no, we are not at that stage as yet."
Reporter
"She also said that she is not looking at the content right now. What does that mean?"
Leroy Banner, Attorney
"That means because when you come to a caution statement, what is important is not the truth of the caution statement. What is important is that when the police got the statement, was it given freely? Was the person beaten? Was he threatened? Those are the questions. So it is not per se if it is the truth. We are not concerned about the truth. We are concerned if the police follow the evidence act. Was there any force? Was there any inducement? Was there any promise? If the magistrate decides that none of those things happen, then she could admit the statement. But we are far from that stage."
Alifah Elrington, Prosecutor
"As I would have said previously, this is a Voir Dire. So what we are trying to do is establish that the caution statements and the other statements made while in the field were voluntarily made. And so because of that, I need to ensure that I put all the witnesses who would have had some form of interaction with these gentlemen. Because the defense has been alleging or is suggesting that they were beaten and beaten and beaten for all the time that they were in police custody. And therefore, they had no other reason but to give these statements because the police were beating them and beating them and beating them."
Reporter
"There was some very fierce back and forth exchange between yourself and the defense attorney."
Leroy Banner, Attorney
"There is always fierce back and forth between myself and the defense attorneys."
So far 6 out of the 10 witnesses for the trial within a trial have been called. A total of 20 working days were set aside for this preliminary before they can move onto the main trial.
