Def asks him about the .204 rounds.
Mike says a mixture of ammo was in the bag and there were .223 rounds in it.
Def asks whether .22 rounds are unusual to find in North Dakota. Mike says no.
Def asks about clothes and shoes collected. Asks why. Mike says he was instructed to do so.
Def asks if he can provide any evidence of any agreement between Borner and Whitman. Mike says no.
Agent Rob Fontenot of the N.D. Bureau of Criminal Investigation is called.
Rob assisted in the investigation of Borner residence.
Ternes told Rob that his wife had observed flames shooting out of Borner's chimney. Rob went to Borner's residence to check out the wood-burning stove. This is the potbelly stove previously referred to.
Pros produces a clear plastic bag of what look like ashes and buttons.
There is also a metal piece that Rob is describing as a part of a coverall bib strap.
Rob is showing the contents of the bag to the jury.
Def attys walk over to watch with judge's permission.
Rob identifies what he believes is a steel shank from a boot.
Also notes what he believes are melted zippers.
Rob also says he found what he believed to be lace-up eyelets from a boot.
Pros asks whether Rob found anything he thought might have been a facemask at one time. He says yes.
Rob says when he found the item it still looked like a camouflage mask. When he touched it, it disintegrated into ash. They photographed it. The photos will be shown later.
@Tom: Both are paying attention to the proceedings. Both appear calm. When their attys are given pieces of evidence, they help by passing the items down the table from one atty to the other.
Def will now cross examine.
Simonsen asks one question about the ashes in the bag that Rob said looked like a mask. Whether he could difinitively identify it as a mask. He says no.
Finck asks a similar question about the coverall pieces. Rob acknowledges that he cannot definitively say whether that's what they are.
Mercer Co. Deputy Terry Ternes is called and sworn.
He investigated the shooting. He helped coorinate the investigation within the departments deputy chief.
Pros asks about calling his wife to check out Borner residence.
Pros asks him to identify Borner. He does. Asks him to identify Whitman. He does. Knew them both previously.
Terry interviewed Borner.
Asked him where he was that night. Borner said he had been at Langord's house in Hazen and at his mother's house. She corroborated but the time she stated he arrived was later than what he had claimed.
Terry also asked Borner if he hd been to Beulah that night. He denied it more than once.
A portion of Terry's taped interview with Borner will be played.
Terry says he began interview with Borner around 9:30.
Pros asks about Terry's impression of Borner's level of intoxication.
Terry: He wasn't intoxicated.
Pros will play part of tape to show jury Borner's demeanor to establish sobriety.
Borner can be heard saying that he walked over to his mom's house.
He is now talking about his activities the night before the shooting.
They're now talking about Borner's claim that he stayed at Colter Langord's house that night.
The tape has now been stopped.
Def will cross examine. Simonsen first.
Def says Borner was weaving back and forth and looking at table while talking. Asks if Terry did ny tests to determine intoxication. Terry says he did not.
Def asks whether Terry had interrogated Borner while he was intoxicated before. He say she had not.