No, the exact time the ambulance arrived has not been testified to.
Def started reading transcript of interview between Sim and investigator that wasn't entered into evidence. Pros objected. Transcript maybe entered when investigating officer testifies.
Def is asking whether Sim's orders to Unruh were conflicting and confusing.
Sim: I know I wanted to see his hands and I need him on his knees.
We can only speculate on why attorneys ask what questions.
I don't know if it seems any more negative than any other officer testifying about a suspect.
Def is asking how John came to be on the ground before he was handcuffed. Def: Did you wrestle him to the groud?
Sim: I did not wrestle him to the ground.
Sim says he lost his balance.
Def: Did he drop the stool on purpose or by accident?
Def: You believe he slipped?
Sim: I believe he was trying to get away from me and he tripped.
Wen he fell, Sim says he was on his right flank or his stomach.
Then he grabbed Unruh's wrist and arm-barred him into prone position on his stomach.
Def hands Sim anoth transcript.
He's fairly tall, but he doesn't appear threatening.
Def is asking Sim about what he told investigator about the order of events between cuffing Unruh and asking for ambulance.
Tuntland says he's almost done questioning Sim.
Def asks what time he received call about unwanted male in residence - answers 19:49.
Def: I don't think you wrote what time you arrived.
Sim is examining the report. He has it in his hands.
Some jurors are taking notes, others seem to be mostly listening. Some are watching attorneys as they ask questions, others keep their attention on the witness.
Def and Sim are going through and discussing the various times he has written into his report.
Def is done questionsing. We're taking a 15 min break.
Sim did not testify to reading his rights. He said he did not make the arrest as his attention shifted to administering aid to Albaugh. I think other officers today will testify on the reading of rights.
That hasn't been addressed.
We're back. Pros will redirect.
Thanks for the comments on Miranda rights. The issue was dealt with prior to trial. Check our stories on the case at www.bismarcktribune.com for more details.
Pros is asking whether it's common to say please when you're dealing with situations like he was in. Sim: No.
Sim is excused. Still under subpoena.
Deputy Jeff Ball is called.
Ball is a Burleigh Co deputy since 1997.