At least two people involved with murder, claims expert
An expert witness in the Rebecca Middleton murder trial claimed that at least two people must have been involved in the horrific crime.
Forensic authority Dr. Michael Baden said the flow of blood, bruises to the arms and the absence of defensive wounds showed that the Canadian teenager had to have been restrained by someone else whilst she was attacked.
The Director of Forensic Science for the New York State Police said it was likely that all the wounds, including the five considered to be fatal, were inflicted with considerable force whilst she was sitting on the grass -- before being placed in the centre of the road at Ferry Reach.
In answer to Crown counsel William Pearce QC, he said many of the cuts were entirely consistent with being caused by a knife like the one found in the water at the swing bridge -- just days later.
"My opinion is that she had to be in a seated position on the ground with her arms held by two hands and her head held,'' said Dr. Baden. "Four hands had to be used from the flow of blood from the cut wounds.
"In my opinion, she was being held and stabbed by more than one person, because if somebody wasn't holding her up she would have laid on the grass,'' he said.
"There is no evidence that her back ever touched the grass, the only contact with the grass is her buttocks.
"The blood flow shows she was in a seated position. The only way that could have been was if somebody held her while the other person made the stab wounds.
"During the stabbing she had to have been held, she had bruises on the upper arms which are typical of squeezing injuries.'' Dr. Baden was speaking on the final day of the first week of the trial of Justis Smith.
Smith, 19, of Deepdale Road East, Pembroke, pleads not guilty to premeditated murder on July 3, 1996.
Rebecca Middleton, 17, was found tortured, sexually abused and stabbed to death on the road to Ferry Reach, after a night out with friend Jasmine Meens in St. George's.
The Crown claims she died after getting a ride on a motorcycle with Justis Smith and another man, Kirk Mundy. Mundy has been sentenced to five years imprisonment after pleading guilty to being an accessory after the fact.
John Perry QC, defence counsel for Justis Smith, questioned Dr. Baden on whether he thought he was better positioned to appreciate the wounds to Rebecca Middleton from photos than official pathologist Dr. James Johnston, who actually saw the body.
Mr. Perry also queried some of the evidence given by him, in relation to the injuries, accusing Dr. Baden of "giving evidence on the hoof'' -- which he refuted.
And the defence counsel asked why the report was not more detailed and why he was not consulted earlier than late 1997 on the murder. He asked whether he was aware of the legal history of the case, to which he replied "no''.
"Were you aware that a man called Kirk Mundy had been given a deal in that he was allowed to plead guilty to being an accessory?'' he said.
Dr. Baden replied: "I was aware there were some legal arrangements.'' Mr. Perry continued: "Did you understand that the prosecution were thrashing around to support a theory that two men were involved?'' Dr. Baden said he knew that there was a theory that two men were at the scene and two men left the scene.
The evidence during yesterday's session was interrupted by arguments over the presentation and timing of expert witnesses.
The Crown had wanted to call Dr. Henry Lee, a blood expert who worked in the O.J. Simpson trial, yesterday and conclude his evidence in chief on Monday.
But the defence team were unhappy that that would have meant their cross examination of Dr. Baden might have had to wait until he could return to Bermuda on December 7, if it had not been completed by Monday.
The disagreement prompted an outburst from defence counsel Archibald Warner and John Perry QC.
John Perry said he was incredulous at the bid to interpose one witness with another.
"This man has a right for a fair trial, a fair trial involves those who bring accusers against him, who must face cross examination and give evidence amongst Bermudians who try this man,'' he said.
Crown counsel Sandra Bacchus said the comments made by the defence did not give the full picture as to what happened.
She said they had also made accommodations with respect to the pathologist witness the defence team had wanted to call.
Puisne Judge Vincent Meerabux ordered that Dr. Lee could be called but Dr.
Baden had to return immediately afterwards. The Crown opted to continue with Dr. Baden.
The trial continues on Monday.
