Pros is now going over other ballistics evidence collected and logged by Warren in the course of his investigation.
This evidence includes more .223 casings recovered from Borner's residence.
Warren also interviewed Richard Whitman on the night of the incident.
At 8:52 p.m. Warren spoke to Whitman for the first time. Warren had called Whitman earlier and left a message.
Warren told Whitman that he needed to meet with him right away. Warren asked Whitman where he was. Whitman laughed and hung up.
Warren again made contact with Whitman shortly after he was taken into custody. He interviewed him later.
Warren says Whitman was agitated and upset.
Pros asks about intoxication.
Warren says he had an odor of alcohol on his breath and person. Speech was not slurred. His balance was "fine" except for "him having a bad leg."
Pros produces a video recording of Warren's interview with Whitman.
This tape will be played to demonstrate Whitman's state of sobriety, much like the portion of Borner's interview with Ternes.
The interview took place about four hours after the shooting.
The tape is played and stopped.
Warren will now read portions of his interview with Whitman.
The first line he reads is Whitman's: "If it goes down on who's taking credit for pulling the trigger, I'll do that."
Whitman goes on to blame Mike Padilla for escalating the situation.
Whitman: "I'm not saying he didn't have it coming."... I'm just saying I didnt't mean for that to happen.
Whitman again blames Mike.
Whitman: "It couldn't have happend to a better f---er."
Whitman says the shooting happened fast.
Again, this is Warren adding a transcript of his interview with Whitman.
Whitman suggests the shooting was in self defense.
Whitman seems to suggest that he and Borner did not bring any weapons to the apt.
Whitman: "I'm not sorry one bit about what happend, but I'm sorry it's on my ass."
Whitman says nothing was premeditated.
Whitman: "Nobody was supposed to get hurt."
Warren is reading Whitman's account of the scuffle that led to the shooting. It is difficult to follow.
Warren has finished reading the transcript.
Simonsen asks warren to turn to a certain page in the transcript.
Def: "Basically what he's saying is that 'sh-t didn't go down the way it was supposed to go down.'"
Def asks again about the zip ties and how they were taken as evidence. Warren says Senn gave them to him as evidence. Says he found no other zip ties in the apartment.
Def is asking about the burned cloth from the stove.
Asks whether he thinks it looks like camouflage pattern.
Asks Warren to clarify when he first made contact with Whitman.
Warren tells him it was 10:05 p.m. Shortly after he wash taken into custody by Taylor.
Def asks about the context in which Warren knew Whitman.
Warren says it was related to narcotics use.
Def: "Consistently throughout the interview, he told you, 'It wasn't supposed to go down like that.'"
Warren says that is correct.
Pros asks about Whitman's state of intoxication.
Warren: "In my opinion, he was not intoxicated."