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."
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.
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.