Def asks whether Senn can say whether all rounds were fired in the same direction.
Def asks about the injury to Mike Padilla's hand.
The picture is put up on the projector again. The injury is between the thumb and forefinger of his left hand.
Def asks about Senn's contact with Tim.
Senn interviewed him. Taped the interview.
Estimates about 45 minutes.
Length of the interview, that is.
Ward Williams of the South Sakakawea Narcotics Task Force was in the room.
Senn also had Tim write a written statement about the incident. This was his first written statement.
Def asks whether Tim had written a previous statement. Senn says he is not aware of any pervious written statements.
Def asks whether Senn knows the difference between a leading question and a non-leading question.
Def asks when zip ties first entered the conversation. Sennsays he does not remember. Def suggests that Senn brought them up. Senn will read the interview transcript silently to refresh his memory.
Senn: My question is, "Did they bring zip ties with them?"
Says that is the first reference to zip ties in conversation.
Def calls this a "leading-type question."
Def is now asking Senn to silently read the written statement of Tim Padilla. Def points out that the only reference made to zip ties was below his signature.
Def says it looks like Tim added the part about zip ties after he had concluded his statement.
Def asks about Senn's investigation of the apt. Asks about controlled substances. Senn says he found a water bong, a razor blade with white powder, a wooden "snort container." These were seized.
Def asks Senn about the autopsy report and whether Mike had meth in his system. Senn says he believes so.
Def goes back to the gun. And the injury to Mike's hand.
Def asks Senn about the function of the slide. Asks Senn to demonstrate with his own hand how the injury could have occurred. Using the pistol in evidence, they established that there are two possible ways the injury may have occurred.
Def suggests that, in one of those scenarios, Mike may have had some control of the gun.
Def is now asking about the zip ties. Questioning why there were no photos of the blood on them taken during investigation.
Def asks why Senn did not notice these zip ties right away.
Senn says they were "under a dead body."
Def asks whether Senn can say who pulled the trigger to fire any of the rounds recovered. He says he can not. Notes that he is not an expert in ballistics. Senn relied on information from Tim to determine likely scenario.
Def is asking about clearing the round from the pistol.
Senn says there were rounds in the magazine (does not recall how many) and one in the chamber.
Senn ejected the round from the chamber.
Def asks whether anyone also had access to the gun. Shirley, Haley and Tim did. Def asks if it is safe to assume that the gun was found in the condition it was left in after the incident. He says it is.
Asks Senn about his role as a firearms instructor. He instructs law enforcement officers how to shoot and teaches concealed carry classes to the public.
Pros asks how many times he had been called to that apt for shootings. He said he never has. Is not aware of any other calls to the apt for shooting. Any bullet holes in walls, etc. are likely a result of this specific incident.
Dustin Peekes is called. I'm not sure of that spelling. Dustin was the second Beulah officer to respond to scene of shooting. He was in training that night.
Says they actually arrived at the same time.
Once they were in the apt, Senn handed Dustin the two guns. Dustin locked them in Senn's squad car. Only officers had keys.
The next day, Dustin was the one to photograph Tim's head.
Def will cross examine. Simonsen first.
Def asks about a pit bull in the house and where the rifle was found.
Dustin confirms they had a pit bull in the apt.
Says they also had a stolen TV in the middle of the floor in their apartment.