Police treated client unfairly during questioning -- lawyer
Murder accused Michael Dean Eberly was given a Christmas Day grilling by detectives, a day after he blamed his co-defendant for the killing.
Eberly, 35, and Michael Brian Pitcher are jointly charged with murdering widow Beatrice Simons at her Dockyard home in December 1997.
And each has accused the other of beating her during a break-in at her home on Victoria Row, Cochrane Road.
Lawyer Mark Pettingill, representing Eberly, told their Supreme Court murder trial yesterday that Eberly was unfairly treated by Police during an interview on December 25, 1997.
He said Eberly accused Pitcher of dishing out the beating during an interview the previous morning. The court heard that Pitcher blamed Eberly later in the day on Christmas Eve. And Mr. Pettingill, questioning Det. Con. Cal Smith, suggested Eberly was not shown details of Pitcher's Police statement which blamed him of the murder.
"That's not correct,'' said Det. Con. Smith.
"Things from a statement from Mr. Pitcher were put to Mr. Eberly.'' Mr. Pettingill added: "In your view, is it OK just to pick pieces out of a statement and put it to them?'' "Yes,'' said Det. Con. Smith, the prosecution's 15th witness.
King Edward VII Memorial Hospital emergency room director Ed Schultz was recalled to the stand after a long break for legal arguments earlier in the day.
Under cross-examination from Pitcher's lawyer Saul Froomkin, Dr. Schultz confirmed Mrs. Simons' initial CAT scan was clear when she was admitted to the hospital around 2 a.m. on December 2.
And he said she scored top marks in a medical test to show how conscious she was.
But the doctor added that she vomited throughout her first day in hospital, which could have been linked to her head injuries.
The case, before Chief Justice Austin Ward, is being prosecuted by Crown counsel Peter Eccles.
Mrs. Simons, 69, died in hospital days after the attack with a chunk of cedar wood.
Eberly and Pitcher, both from Victoria Row in Sandys Parish, admit burglary but deny murder.
Michael Dean Eberly COURTS CTS
