At this point, Whitman says Mike tried to take the gun from Borner. Whitman says Mike grabbed Whitman's sleeve.
At this point Borner hit Mike with butt of gun.
Def asks if the gun discharged at this time. Whitman says it did.
Def asks if both men had their hands on the gun at this time. Whitman says they did.
Whitman says they were both trying to point the guy away from themselves.
Def and his legal assistant will reenact this encounter.
Finck has the .22, legal assistant has the rifle.
Def asks Whitman to demonstrate the actions of Mike Padilla.
Whitman grabs the barrel of the rifle and Finck's coat sleeve.
Legal assistant uses butt of rifle to pantomime strike to Whitman's head.
As he is hit, Whitman twists his body to the right, crossing his left arm over his body. The barrel of the pistol is now pressed into his left armpit. Whitman says this is likely when the gun went off. This is consistent with Massello's testimony.
Next, Whitman and Finck both have both of their hands on the pistol. Whitman. Says rounds are going off throughout this entire exchange.
Again, Whitman is playing Mike Padilla.
Reenactment is over. Whitman sits back down.
Whitman says eventually, Mike goes down to his knees. Whitman says it was at that point that he released his grip on the gun. Leaving it in Mike's hands.
Whitman says Shirley was pulling his hair during the scuffle. After Mike dropped to his knees, Whitman tells her to call 911.
Whitmansays he then went over to help Borner is his struggle against Tim. Whitman told Tim that his brother needed his help.
Borner then left the apt.
Tim then went over to help his brother.
Whitman then left the apt.
He heard a "metallic sound" behind him. Turned and saw Tim trying to fire the rifle at him. It was jammed.
Whitman left the building. He and Borner drove away.
When they got back to Langord's, he had Amber wake Colter up and they had a drink.
Whitman estimates the confrontation in the apt took a minute to a minute and a half.
Back at Colter's, Whitman is having a drink. Calls Wiedrich to turn himself in.
At some point, Colter tells him police were outside. Whitman say he then turned himself in.
Def asks if there was ever any talk about hurting anyone. Whitman says no. Says the guns were supposed to be a deterrent.
Whitman: "I thought it would cause them to not try and be a tough guy."
Simonson will cross examine.
He asks about the struggle for the rifle for clarification.
Pros will now cross examine.
Whitman says he wasn't expecting Mike to be there. He only expected Shirley.
Pros: "How did you expect to explain your friend with the mask and the cannon?"
Whitman says Shirley probably wouldn't have been very surprised. Probably would have asked why the guns were there.
Whitman: We didn't think it through very well.
Pros: "It's going to chill somebody down to their bones to see Cody standing there with the mask and the rifle and you with the pistol."
Whitman: I was trying to avoid a fight.
Whitman: If they hadn't tried to grab the guns, they wouldn't have gone off.
Pros presses Whitman on the point of how he expected these people to react when he and Borner entered their apartment with guns.
Whitman insists that he did not know they were going to be there. Says he only expects Shilrley to be there.
Pros asks about his answers in the interview with the detective.
Whitman says he was trying to be vague about Borner's involvement to protect him.
Pros asks him if he was mutating his story to mislead the detective.
Whitman says he was just being vague to protect Borner.
Pros asks how the jury can tell that he's not doing the same thing now.