Published: November 20, 2009 09:15 pm      

Defense rests in murder trial

Judge orders recess until Nov. 30

CENTERVILLE - Defense attorneys in the capital murder trial of Jerry Duane Martin rested their case Friday with the jury hearing testimony from a single witness, independent traffic accident reconstructionist Ted Marules.

Due to the upcoming Thanksgiving holiday, 278th State District Court Judge Kenneth H. Keeling ordered the trial in recess until 9 a.m. on Nov. 30. At that time, attorneys will present closing statements, and the judge will issue his charge to the jury before they enter into deliberations.

Marules’ testimony continued the defense’s focus on the Huntsville City Service Center scene, the first destination of Martin and fellow Texas Department of Criminal Justice inmate John Ray Falk after they escaped from the Wynne Unit on Sept. 24, 2007.

At the Service Center, Falk exchanged gunfire with TDCJ Officer Susan Canfield, as Martin stole a city vehicle and ran it into Canfield’s horse, causing the officer’s death.

Defense attorney Paxton Adams began questioning by discussing with Marules — hired by the defense to assist with the case — the basic details of the accident reconstruction process, including goals, expected results and common limitations.

“The results of accident reconstruction come from an opinion or conclusion based on facts received about the scene,” Marules said. “The process includes first developing the facts, then testing the hypothesis — one should never come to a conclusion before you start (the reconstruction).”

Limitations to the process, he continued, include a lack of quality or quantity of information — not gathering the proper evidence — and the ability of people doing the reconstruction.

“There are a lot of pitfalls,” he said about what could make things go wrong in the process. “People make mistakes, which is why it is so important to always try to check one’s work.”

Marules reported that he felt that Department of Public Safety Accident Reconstruction Teams, such as the one that did forensic mapping of the City Service Center scene, was generally excellent.

“In this case, I was surprised that DPS Sgt. (John) Tucker’s team was not allowed to do a complete (accident reconstruction),” Marules said. “That means I cannot do my job completely.

“Everything was (available) to (complete a full scale accident reconstruction),” he added. “All the (DPS team) needed was the time and the authority to get the job done.”

Marules’ testimony also included formulas that are often used for accident reconstruction including, acceleration rates, ending velocity and stopping distance.

The witness also discussed with Adams the issue of tire marks, stating that marks left at a scene do not necessarily indicate a high rate of speed.

“Tire marks can tell what a vehicle is doing before, after or even during an accident,” he said. “It is possible to leave marks when a vehicle is not going fast. Heavy equipment can leave turning marks, for instance.”

In cross examination, Walker County District Attorney David Weeks asked Marules what he would have done at the scene, other than the forensic mapping.

“I would have designated all tire marks on the site, and later determine whether or not those were part of the accident,” he said. “I would have taken a great deal of time measuring distances, locations and acceleration rates.”

According to Marules, witness testimonies could be used in determining some facts of the case, such as the original location of the stolen truck and Canfield’s horse.

“The scale diagrams (used in the forensic mapping) are invalid,” he said. “There are too many blanks — too many places where information is left out.”

The State later brought two witnesses in for rebuttal testimony — DPS Sgt. John Tucker and DPS Trooper David Daley, who was on Tucker’s reconstruction team.

In questioning Daley, Weeks asked the trooper why the team only mapped one set of tire tracks on the scene and why those tracks were determined to be important.

“We were directed (by Texas Rangers) to the tire tracks we mapped,” Daley said. “We would have mapped them anyway, though, because the marks were in proximity to the victim.”

Friday marked the seventh day of the capital murder trial, taking place at the Leon County court house in Centerville under 278th State District Court Judge Kenneth H. Keeling.