@Ron: Hopefully during lunch.
@TOOF: Pros indicated that Tim was shot in the back.
Pros asks why the guns needed to be loaded if they didn't plan on using them.
Borner says they were loaded from the shooting they did in the countryside earlier that day.
Pros: Why did you bring loaded guns?
Borner: We didn't plan to use them.
Pros has been placing more sheets with elements of the offense on the projector.
Pros asks if they fled the scene, "furthering the conspiracy."
Borner: I don't know the definitions, but we left, yes.
They then drove back to Langord's.
Pros brings up the "concealing of the crime" element. Says that Borner burned his clothes and told police he had been at his mom's house at the time of the shooting.
Pros: Who wouldn't be? But that's what happened, isn't it?
Simonson: Had you you gone into that apt and stolen some weed, would you have lied to police and burned your clothes?
Simonson: why did you bring the gun?
Borner: For my own protection, I guess.
Simonson asks if Borner knew who would be at the apt or if anyone would be there at all.
Borner indicates he did not know if anyone would be there.
Simonson asks Borner when he thought the dangerous situation arose. Borner says he thinks it was whe the Padillas grabbed for the guns.
Def asks what Tim did after he wrestled the rifle away from Borner. Borner says he threw it and ran out the door.
Finck: was there ever an agreement to commit a murder? Was there ever an agreement to do any harm to any one?
Borner: No, there wasn't.
Whitman will be called after the break.
I didn't notice any outward demonstrations of nervousness on Borner's part. He was slightly subdued during his testimony. Almost soft-spoken.
@KK: I couldn't see him from where I'm sitting. Borner's atty was in front of him.
Jury's back. Waiting for judge.
Judge is back. We're back on record.
Richard Whitman called and sworn.
Whitman used crutches to walk up to the stand.
Finck asks how Whitman knows the Padilla's. He met Haley Padilla a couple of months before the shooting. Met other Padillas about a month before shooting.
Whitman says he's had physical altercations and threats between him and Mike Padilla. Says Mike would borrow money and not pay it back.
Whitman is talking about a specific fight they had. Mike tried to kick his leg out from under him. Whitman reveals that he had bone cancer in one of his legs.
Def asks Whitman how well he knew Tim Padilla. He says he got along well with Tim.
Whitman: I had no problem with Tim at all.
Whitman was dating Shirley Padilla off and on at time of shooting.