9-24-2008 California:Defense: Accused Were Looking To Intimidate, Not Maim Inmate
INDIO, Calif. -- Lawyers representing four of five men charged in the killing of a fellow inmate told an Indio jury Wednesday that their clients did not intend to kill the convicted child molester, but wanted to intimidate him into seeking protective custody to get him moved.
But prosecutor Anthony Orlando disputed the defense version of what happened at Chuckawalla State Prison near Blythe on June 21, 2005, saying two of the defendants beat Michael Green so savagely that he never regained consciousness, and all five were in on the plan and "proud of what they did."
Security was tight as the trial got under way at the Larson Justice Center for Robert James Deffenbaugh, 27, Frank George Barbosa, 55, Jack Stewart Woller, 23, Reggie Allan Bullock, Jr., 25, and Johnnie Dalerae Johnson, 29.
Nine sheriff's deputies positioned throughout the courtroom of Superior Court Judge John J. Ryan.
Green suffered severe head trauma when beaten in a bathroom in the C Yard, 7 building, according to court documents. He was transported to Palo Verde Hospital in Blythe and then moved to the critical care unit at a UC San Diego hospital, where he remained unresponsive.
The 45-year-old Los Angeles man's family made the decision to take him off life support systems several days later.
The prosecutor told jurors that many offenses are accepted by the general prison population, but convicted child molesters are "in trouble."
Orlando said it's routine for prisoners to ask a new inmate for "paperwork" when they arrive in the yard, which he said Deffenbaugh and Woller did to the victim.
Green told them he did not have his papers, but information that he was in custody on a child molestation conviction was passed on to Barbosa, the "shot- caller," who then ordered Bullock and Johnson to "take him out," the prosecutor alleged.
That night after "last count," Bullock and Johnson followed Green into the bathroom and savagely beat him, Orlando alleged.
Bullock's attorney, Melanie Roe, said the case is not "black and white" and has two parts -- the assault, and what she contended was delayed -- and lacking -- medical care to Green.
"There are no eyewitnesses to this incident, and stories vary," Roe said in her opening statement.
She told jurors that "evidence will show no person charged intended to kill him (Green)." Instead, the intention was to get him moved to another facility to finish out his sentence, she said.
John Patrick Dolan, who is defending Woller, said his client was on hand when Green was approached and asked for "paperwork." Woller was silent or "maybe said a few words as he stood around," the attorney said.
Dolan said his client, who is doing time for a car theft conviction and had been due to be paroled in a few months, did nothing wrong. He was following an "honor among thieves or a code of honor," where inmates ask for paperwork to determine the bottom order -- child molesters and rapists, the lawyer said.
"The intention of asking (is) to get them ... to ask for protective custody," which would remove them from interacting with prisoners who consider child molesters the lowest type of criminal, Dolan said.
James Silva, who is representing Barbosa, denied his client was the "shot caller," as alleged by the prosecution.
"Barbosa is not guilty of conspiracy with any of these individuals," Silva told jurors. "He did not give the order to assault Green."
Johnson's attorney, Cameron Quinn, said his client was a "short- timer" who, at the time of the attack, was soon to be released.
"It did not make sense for his to subject himself to this," Quinn said.
The attorney told jurors that placing a child molester in the general prison population tends to "stir things up."
Quinn said the term used by inmates is to "roll up" someone they want moved -- but that means to "rough up ... beat someone up to get him out, and not to kill them."
Deffenbaugh's attorney did not make an opening statement.
The trial, which is expected to last five or six weeks, is in recess until Monday, when testimony is scheduled to begin. ..News Source.. by KNBC.com
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Testimony concludes for inmates suspected of killing prisoner
10-8-2008 California:
Testimony concluded today in the trial of five prisoners whose attorneys maintain their clients had wanted to intimidate a convicted child molester into seeking protective custody to get him moved out of their cellblock, but had not intended to kill him.
Prosecutor Anthony Orlando disputes the defense version of what happened at Chuckawalla State Prison near Blythe on June 21, 2005. He told jurors earlier in the trial that two of the defendants beat Michael Green so savagely that he never regained consciousness, and all five were in on the plan and ``proud of what they did.''
All of the defendants -- Robert James Deffenbaugh, 27, Frank George Barbosa, 55, Jack Stewart Woller, 23, Reggie Allan Bullock Jr., 25, and Johnnie Dalerae Johnson, 29, are charged with murder.
Closing arguments are scheduled for a week from today at the Larson Justice Center, in the courtroom of Superior Court Judge John J. Ryan.
Over the past two weeks, inmates, prison officials and medical experts have been called to the witness stand to be questioned by attorneys in the case.
James Silva, who represents Barbosa, said outside the courtroom this afternoon that the prosecution ``has elected to proceed on the theory ... that the natural probable consequence of the assault was the crime of murder in the second-degree.''
``We will argue that all the defendants are not guilty as to second-degree murder, and ... that the prosecutor has (not) proved his case beyond a reasonable doubt,'' Silva said.
Green suffered severe head trauma when beaten in a bathroom in the C Yard, 7 building. He was transported to Palo Verde Hospital in Blythe and then moved to the critical care unit at a UC San Diego hospital, where he remained unresponsive.
The 45-year-old Los Angeles man's family made the decision to take him off life support systems several days later.
Orlando told jurors at the outset that many offenses are accepted by the general prison population, but convicted child molesters are ``in trouble.''
Orlando said it's routine for prisoners to ask a new inmate for ``paperwork'' when they arrive in the yard, which he said Deffenbaugh and Woller did to the victim.
Green told them he did not have his papers, but information that he was behind bars for child molestation was passed on to Barbosa, the ``shot-caller,'' who then ordered Bullock and Johnson to ``take him out,'' the prosecutor alleged.
That night after ``last count,'' Bullock and Johnson followed Green into the bathroom and savagely beat him, Orlando told the panel.
Bullock's attorney, Melanie Roe, has said the case is not ``black and white'' and contended that medical care to Green was delayed.
``There are no eyewitnesses to this incident, and stories vary,'' Roe said in her opening statement.
She told jurors that ``no person charged intended to kill him (Green).'' Instead, the intention was to get him moved to another facility to finish out his sentence, she said.
Attorney John Patrick Dolan, who represents Woller, said previously said his client was on hand when Green was approached and asked for ``paperwork.''
Woller was silent or ``maybe said a few words as he stood around,'' the lawyer said.
Dolan maintains that his client, who is doing time for a car theft conviction and had been due to be paroled in a few months, did nothing wrong.
He was following an ``honor among thieves or a code of honor,'' where inmates ask for paperwork to determine the bottom order -- child molesters and rapists, the lawyer said.
``The intention of asking (is) to get them ... to ask for protective custody,'' which would remove them from interacting with prisoners who consider child molesters the lowest type of criminal, Dolan told jurors earlier.
Silva has denied that his client, Barbosa, was the ``shot caller,'' as alleged by the prosecution.
``Barbosa is not guilty of conspiracy with any of these individuals,'' Silva told jurors earlier. ``He did not give the order to assault Green.''
Johnson's attorney, Cameron Quinn, previously said his client was a ``short-timer'' who, at the time of the attack, was soon to be released.
``It did not make sense for his to subject himself to this,'' Quinn said.
The attorney told jurors that placing a child molester in the general prison population tends to ``stir things up.''
Quinn previously said the term used by inmates is to ``roll up'' someone they want moved -- but that means to ``rough up ... beat someone up to get him out, and not to kill them.''
..News Source.. by Desert Sun Wire Service
2 comments:
These guys are crazy to think they are above the law and can do what they want...
I agree, they were crazy, here is the proof.
2 of them (Bullock, Johnson) were convicted of 2nd degree murder and will get 15 years to life, 2 of them (Woller, Deffenbaugh) had a hung jury and will be retried in Decenber, and 1 of the (Barbosa) was unfortunately acquitted.
Apparently the jury wanted to find Barbosa guilty but the state was unable prove his role in the crime. Many of the witnesses were convicts and I assume they weren't much help to the prosecution after taking the stand.
Karma will have to take care of Barbosa.
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