Def asks whether Dustin included the zip ties in his statement. He says he doesn't believe so.
Def asks about odors in the apt. Dustin says there was no overpowering odors.
Def asks about locking guns in patrol vehicle. Dustin says he put them in the front seat of the patrol car.
Def asks about the zip ties.
Dustin says he didn't see them until the body had been moved. They were located under the body.
We'll take a break for lunch until 1:30.
@Noisewater: Thanks very much
Court is back in session.
Ryan Taylor, a Mercer Co. sheriff's deputy has been called.
He took Whitman into custody on the night of the shooting.
Pros asks whether Taylor could tell if Whitman was intoxicated.
He says he had talked to Whitman before and did not notice anything remarkable about Whitman's demeanor that night.
Def will cros examine. Simonsen first.
Def asks about items taken from Whitman's pockets as evidence.
Taylor does not recall exactly what he removed from Whitman's pockets. He says he was directed to do this by a detective on the scene.
Asks whether Whitman struggled while being taken into custody. Taylor says no.
Def asks how many time she has seen Whitman intoxicated. Taylormsays he has never tested Whitman for alcohol intoxication.
Def asks whether intoxication is always readily apparent in all people. Taylor says no. Some people can be drunk but not appear so.
Def asks if he got the impression that there was any sort of plan between Whitman and Borner to go to Padilla residence that night. Taylor says he wouldn't have talked to him about that.
Mike assisted in a search of Borner's residence.
Pros will give Mike some photos to examine. Asks him whether they are an accurate representation of what he found during the course of the search. He says at they are.
Def objects to one of the photos on the basis of relevance. Not clear to me what it is a photo of.
It was Simonsen who objected. He now objects to another photo as well for same reason.
He passes photos to Finck. Finck does not second objection.
Photos are passed to judge.
Finck now joins Simonsen's objection.
Judge asks about relevance. Pros says they are photos of reloading equipment for firearm ammunition. Judge finds that they are relevant. They are admitted into evidence.
The photos of reloading equipment are placed on projector for jury to see. Mike explains what each of the items are. He adds that the equipment in the photo is set up to reload a .223 caliber round. This is the caliber as the AR-15 assault rifle in evidence.
More photos of the reloading equipment.
Now a photo of more .223 ammunition and reloading supplies.
Now a photo of .22 caliber ammunition.
The next photo is of a "potbelly stove." Mike says there were still flames burning during search.
Pros produces a bag of ammunition that Mike says he seized during search. Mike describes it as "ballistic tip" ammo.
Def objects. Says the bottom of rounds reads .204 Ruger.
Pros asks Mike whether the ammo in bag would fit the .223 rifle. He says they would. Judge overrules objection.
Pros now produces bag of .22 ammunition. Asks Mike whether he found this in Borner's residence as well. He says he did.
Def will now cross examine.