Pros: it appears his mind was clear in what went on that day, doesn't it?
We'll break for the evening.
Court will reconvene tomorrow morning at 9 a.m.
Court is back in session this morning.
Cody Borner has been called to testify.
His atty, Steve Simonson, will question him.
Def is asking Borner about his conversation with his ex wife.
Nicole Binder (ex wife) testified that Borner had called her to ask about what would happen if he took a couple of people hostage and stole their drugs. She said he mentioned the name Mike. Borner just testified that this Mike was not Mike Padilla.
Borner says he had not met Mike Padilla at that time. Nor did he know who Mike Padilla was.
Def asks about the conversation about the legal ramifications of stealing drugs. Asks why he would ask about this.
Borner: "We were planning on stealing from somebody."
Def asks about Borner meeting Whitman.
Borner says he met Whitman at a bar in Hazen. Met him through a friend.
Whitman told him he was homeless. Borner offered to let Whitman move in with him.
Borner says Whitman only had a couple of bags. Whitman was dating Shirley Padilla (Mike and Tim's mother) at the time.
He moved in the evening of January 28. Shirley moved in with him.
Shirley and Whitman got into a fight that night. Whitman wanted to kick her out. Borner refused to kick her out. Let her sleep on the couch.
The next day, Borner walked to his cousin's house. She gave Whitman a ride to Hazen and drove Shirley to Beulah. Dropped Shirley off.
This was when Borner met Tim Padilla.
After this, Borner's cousin drove Borner back to Beulah to pick up Whitman. Instead, he stayed there. They were at Langord's house.
The next morning, Borner says they started drinking again.
At some point they went to Borner's house to pick up some guns. Borner drove Langord's truck. Langord didn't have a license.
They drove around in the countryside and shot the guns.
They then drove back to Langord's. Left the guns in the truck. They ended the day drinking at Langord's and listening to music. Borner says no one talked about doing to the Padilla residence.
The next day (the day of the shooting), Borner says they had breakfast and continued drinking.
@Ron: Not really. He seems fairly calm. His voice is steady.
There was talk about going to the Padillas. He didn't think it was serious at first.
At some point they decided to actually go.
Def asks what Borner believed was going to happen.
Borner: We were going to steal some weed. Maybe some money.
Def asks whether Borner and Whitman picked up any zip ties when they went to pick up guns. He says no.
When they got to the apartment, Borner went up to the apt. Def asks about the camouflage mask.
Borner says he was wearing an hunting mask.
Def asks if it wasa something he would normally wear in winter.
Def asks why he wore the mask when he entered the Padilla residence.
Borner said he didn't want to be recognized.
Def asks why they brought weapons.
Borner: We were going into someone's house to take their stuff. I didn't know if they had weapons.