Jury shown video replay by tearful murder accused
Two men accused of the murder of a Sandys Parish widow watched in court as one of the defendants re-enacted his version of events on video -- incriminating the other.
Michael Brian Pitcher continually shook his head as the Supreme Court watched a film reconstruction of co-accused Michael Dean Eberly's side of events, when 69-year-old Beatrice Simons was attacked.
Eberly watched impassively as the video showed him back in the victim's Victoria Row, Ireland Island home, detailing the pair breaking into the house and his claims that Pitcher had attacked the woman.
Throughout the video -- which lasted just over an hour -- Eberly was seen crying and sobbing. At one stage he broke down completely and is given time to regain his composure before the film continues.
As the end of the video, Eberly is seen in a tearful farewell to his mother and sister.
The video re-enactment came as the Crown's case against the pair neared a close.
Eberly, 35, and Pitcher, both of Victoria Row, deny murder but admit burglary.
The video was made on December 24, following the December 2 incident.
Eberly, handcuffed and accompanied by several officers, shows how he claimed the pair broke into the back door of Mrs. Simons' house.
Once inside, he claimed Pitcher went upstairs and he followed after hearing a woman screaming. At the door to the bedroom he pointed to where he said he saw two people struggling.
Mrs. Simons died in King Edward VII Memorial Hospital five days after the attack, when an arterial thrombosis at the back of her head worsened.
Dr. Wolfgang Spangenberger, a consultant who attended to the victim, said a brain scan shortly before her death revealed the thrombosis had deteriorated and the pensioner was not expected to survive without life support.
Saul Froomkin, defending Pitcher, asked the doctor why Mrs. Simons was taken into surgery to attend to her wounds when she had shown possible signs of a head complication.
He asked why she was not taken before for a scan to investigate the possible head complication, instead of being taken into surgery.
But the doctor, who admitted he had never treated a thrombosis case before, said they did not want to waste time by taking her for a scan when she was already prepared for surgery.
Mr. Froomkin said: "If you had thought it important enough, you could have got a scan as soon as possible?''. Dr. Spangenberger replied: "Yes''.
And the lawyer asked why the doctor did not call experts in brain scans in the US or Canada, after seeing the second scan which showed the victim's worsening condition.
"You are not a neurosurgeon. You have never treated this before... It is a very rare condition and you didn't think it was necessary to pick up the phone and call a specialist anywhere in the world?'' Mr. Froomkin asked.
"Yes,'' the doctor replied.
The case continues on Monday.
COURTS CTS
