Kathy E <[EMAIL PROTECTED]> writes:
Walter Budzyn's fate is now in the jury's hands as both the prosecution
and defense gave their closing arguments yesterday.
Prosecutor Douglas Baker's primary theme was this: Budzyn's testimony
about his encounter with Malice Green was carefully contrived and made
up to make it seem like he was not aware that Green was being beaten to
death. Baker told the jury that Budzyn's story conveniently exonerates
him from all awareness and responsibility in Green's death but
ultimately does not make sense.
"No one tells the same version of the incident that Walter Budzyn
tells," Baker said. "Everybody's wrong...that's why I believe that his
testimony is manufactured, made-up and the sign of a desperate man
because that's what he's brought himself down to."
"I'm not saying that Budzyn's version of the incident was physically
impossible. Anything's impossible...he could have done cartwheels into
the car to get Malice Green," Baker continued. "I don't want this case
to come down to whether Budzyn's story is physically possible. The
question is did it happen that way."
Baker questioned why, if Green dropped a rock of cocaine in front of
Budzyn as he had claimed, the defendant did not merely order him out of
the car. He pointed out that Budzyn admitted on the stand that at that
point, he had enough evidence to arrest Green and did not need to grab
Green. Baker contended that the real story is that Budzyn grabbed Green
before he had even seen what the victim held in his hand. The prosecutor
also found it suspicious that, if Budzyn was dragged into the car
backwards as he claimed, that he did not turn around at all to see the
altercation between his partner Larry Nevers and Green. Budzyn heard the
fracas, but allegedly did not see the fatal incident. And, Baker also
asked, if the events transpired as Budzyn claimed, why didn't Nevers
pull Budzyn out of the car to safety first? The prosecutor stressed that
it seemed strange that a trained police officer would not immediately
check on the welfare of his partner in the midst of an altercation
during an attempted arrest.
Prosecutor Baker called the altercation between Green and Nevers and
Budzyn a "clear-cut case of murder" and characterized Budzyn and Nevers
as "partners in the police force and partners in crime." Using a
billboard depicting illustrated three monkeys, he said that Budzyn would
like them to believe that he miraculously "saw no evil, heard no evil,
and spoke no evil." Baker also noted that the position of the blood
spatters found on the windshield within Green's car could only have come
from inside the car. And since only Green and Budzyn were inside the
car, the blows had to have been inflicted by Budzyn.
In the defense's closing arguments, attorney James Howarth quickly
pointed out that the testimony of previous prosecution witness Teresa
Pace, whom he labeled as the state's "star witness," contradicted her
testimony from Budzyn's first trial. In the 1993 trial, Pace claimed
that she saw Green holding cocaine in his hand and did not see him
kicking at the officers. Howarth also said that Pace's version of the
motion in which the flashlights allegedly came down on Green differed
from her testimony in the first trial. This, Howarth implied, damaged
Pace's credibility. And Howarth claimed that although previous witness
Ralph Fletcher claimed that he was closer to the scene of the incident
that the other eyewitnesses, his testimony differed from Pace's account.
Howarth also noted that during her testimony in this trial, Pace needed
glasses to see some of video slides; this implied that Pace may have
needed glasses during the incident and did not see the altercation as
well as she thought.
Howarth also noted that none of the EMS technicians who testified saw
Budzyn strike Green; most of them said that they saw Nevers and Officer
Robert Lessnau hitting Green. And if Budzyn had struck Green, he would
have had blood on his clothes. Nevers, Howarth stressed, was the one who
needed peroxide to clean his hands and clothes.
During his rebuttal closings, Douglas Baker said that even without
Teresa Pace, the prosecution would have enough evidence to convict
Budzyn for the murder of Malice Green. He also noted that defense
attorney did not focus on Budzyn's testimony in his closing arguments
because of its various inconsistencies.
The jury started deliberations today (Thursday) after Judge Thomas
Jackson gave them their instructions on the charges facing Budzyn.
Against the defense objections, the jury will be asked to consider both
second-degree murder and manslaughter charges against Budzyn. (The
defense wanted just second-degree murder, an all-or nothing strategy.)
Second degree murder carries a maximum sentence of life with parole or
any term of years. (Budzyn's first sentence was 8 -18 years; he served
just under 4 years of that sentence.) Involuntary manslaughter carries a
sentence ranging from probation to 15 years. Under Michigan guidelines,
Budzyn may have already served any sentence he likely to receive if he
is convicted.
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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