Jury visits alleged site of beating
Jurors in the Cooper twins murder trial have visited the flat where prosecutors claim a violent assault was launched on the brothers.
In the second site visit of the high-profile trial, the jury of five men and seven women yesterday viewed the ground floor apartment at Crown Hill Lane, Devonshire.
The trip to where the alleged beating took place came after jurors heard the last piece of evidence in the trial, which moved into its fourth week.
Prosecutors claim defendant Kenneth Burgess attacked the twins with a baseball bat in the early hours of March 13, last year, as co-accused Dennis Alma Robinson stood by the door.
Burgess, 34, and Robinson, 34, both deny murdering brothers Jahmal and Jahmil on March 13, 2005.
It was confirmed yesterday that Robinson will not give evidence as a witness in the trial. The defendant also exercised his right not to call any witnesses as part of his defence, his lawyer John Perry QC told the court.
Earlier, Burgess? wife, Dianne-Mae Burgess, took to the witness stand as her husband?s final defence witness.
Burgess has already told the trial that he never went to his lower apartment at Crown Hill Lane in the early hours of March 13. He said he was at his gambling den for most of the time before driving to hospital to pick up his wife and son.
Burgess has said his son was sick with a temperature of 103.
Mrs. Burgess told the court her husband made a living gambling, and operated his business from Elliott Street.
She said on the night of March 12 she had been to a work function. She got home to Cottage Hill Road, Hamilton Parish, at about 12.30 a.m. on March 13 and said when she entered the hallway she could smell vomit. Mrs. Burgess said her son had thrown up in his sleep and when she later awoke suddenly at 4 a.m. she touched his head and found it ?extremely hot?.
She said her husband was not in the house and he had their car, so she left a message on his cell phone at about 4.30 a.m.
During questions from Courtenay Griffiths QC, for Burgess, she said she was not surprised there was no response because he was gambling.
Mrs. Burgess, who said she never visited her husband?s gambling den, said the defendant called her back about 15 minutes later, telling her it would be quicker if she caught a taxi to the hospital instead of him picking her up at home after leaving town. She said her husband later picked her up from the hospital at about 7.10 a.m. and they both went home, with Burgess leaving the house at 1 p.m. to take his older son home.
Mr. Griffiths guided Mrs. Burgess through various phone records the defence say support times of calls she said were made that night.
Under cross-examination from Senior Crown counsel Paula Tyndale, Mrs. Burgess said when she gave a statement to Police she did not detail every single call made in the early hours of March 13. Asked if she could remember if her husband answered every call she made in that period, she said it was possible her husband did not answer one made at 5.08 a.m.
Ms Tyndale said about 30 minutes would have elapsed between Burgess returning her call about their sick son and her arriving at hospital. She said it would not have taken much longer than 15 minutes to drive from her house to the hospital in the early hours of the morning. Ms Tyndale said a drive from Elliott Street to the hospital would have taken even less time.
Given concerns about her son?s health, Ms Tyndale asked whether the witness would have wanted her husband at the hospital supporting her. The witness agreed.
Mr. Griffiths then asked the witness if she was surprised her husband did not go straight to hospital after hearing news of his son?s health. Mrs. Burgess said she was not surprised.
The trial has already heard Burgess had a child with another woman at the end of 2004. When he gave evidence, he said his relationship with his wife was ?not exactly perfect?.
Phone records detailing calls from Burgess? cell were also discussed in court yesterday. They showed he made a series of calls to lawyers before being arrested in connection with the twins? disappearance, at 11.55 p.m. on March 13.
The jury heard that between 10.24 and 11.07 p.m. he called the Attorney General?s chambers, Wakefield Quin, Juris Law Chambers and the home phone of lawyer Victoria Pearman.
Detective Constable Carl Neblett has said that Burgess made several attempts to contact a lawyer before making a witness statement. But the defendant told the trial that Police only allowed him to call a lawyer after he was arrested.
The site visit to Crown Hill Lane ? at the request of the jury ? lasted about 20 minutes yesterday afternoon. A group including the jury, trial judge Chief Justice Richard Ground, lawyers and court officials were taken around the site by Detective Constable Steve Palmer, of the Forensic Support Unit.
He told how he photographed inside the lower flat on March 15 as part of the investigation, and detailed changes inside the flat since that date.
As with an earlier site visit to Abbot?s Cliff, there was a high level of security at the Devonshire location. Several Police officers guarded the property. The trial has already heard there was a fire at the lower apartment on March 17.
The two defendants did not attend yesterday?s site visit.
The trial continues.
