|Published:||Sep 13, 2013 12:25 PM EDT|
|Updated:||Sep 14, 2013 10:53 PM EDT|
LEE COUNTY, Fla.- The prosecution is wrapping up its case in a deadly hit and run trial. Luis Gonzalez is accused of hitting and killing 25-year-old Tia Poklemba in 2008, then going on the run for four years. A medical examiner has been testifying about her gruesome injuries the last two days.
Gonzalez faces up to 60 years behind bars if convicted.
David Bodden is in the courtroom, bringing you updates throughout the day.
5:23 PM: Court recessed for the day.
5:01 PM: The prosecution rests. The defense called Dr. Pfalzgraf back to the stand. He was questioned about statements Detective Sommers testified to regarding a meeting detectives said they had with him regarding Poklemba's height measurements. The detectives said they used that information to base their determinations upon, but the doctor says that meeting never happened.
4:57 PM: Day said there is not enough evidence to prove that the initial act of hitting Poklemba cannot be proven, and asked for a motion of aquittal, which is standard procedure. The judge denied the motion.
4:37 PM: Detective Michael Carr took the stand. He was questioned regarding interviews he had with Poklemba's boyfriend after her death. He was also asked if he knew of any marks on Josiah's arm, that defense attorney Donal Day said are scratches. (Day has not said if he is going to attempt to place blame on Josiah Ariznendi for Poklemba's death.)
4:03 PM: Trial will continue tomorrow (Saturday).
3:57 PM: The jurors just sent the judge a note. They were told during jury selection this trial would end today. Since it will not end, new problems have cropped up. One juror made plans to leave town tonight. Another juror is leaving the country on Monday.
3:40 PM: The prosecution said they are going to try to rest in the next 30-45 minutes. The judge said he is going to ask the jury how they would like to proceed.
3:26 PM: The judge said while future instructions for jury sequestration may change to include not speaking to others about their testimony and/or following blogs/Twitter/newspaper/TV/Internet reports, the fact that the witness was following Twitter was not a problem in this case.
3:17 PM: The court went on a break. The attorneys discussed the Twitter incident with the judge. They are trying to determine how long Heather Quinn was following News-Press reporter Marisa Kendall. Attorneys said they give standard instructions, not to talk to any other witnesses about their testimony or about the case at all. The effort now is to determine if Twitter constitutes essentially "being" in the courtroom and "reading" testimony from other witnesses. That would violate the rule of sequestration.
2:52 PM: Under cross examination Det. Ed Sommers faced a long list of questions from defense attorney Donal Day. Day is attempting to impeach him as an expert witness.
2:35 PM : After consideration, the judge has allowed the trial to continue.
2:32 PM: News-Press reporter Marisa Kendall, who is covering the trial, noticed that at least one witness, who was not excused, is following her on Twitter. Witnesses who remain under oath are not allowed in the courtroom. Following on Twitter is like being in the courtroom.
2:28 PM: The jury was sent back to the jury room. Attorneys for both sides argued over items of discovery, specifically, a report that Accident Reconstruction Expert Det. Ed Sommers used as a basis for his findings.
2:03 PM: Poklemba was hit at less than 10 miles per hour the first time.
1:53 PM: The judge has acknowledged the trial is not likely to end today.
1:47 PM: A juror overheard a member of the Poklemba family talking about following the story on Twitter. It brought the trial to a halt while the Judge investigated. It has been determined that the juror did not hear anything specific, and the trial as resumed.
11:47 AM: Many of the jurors looked fatigued during this line of questioning. It has gone on for a long time and it is very technical. They are being shown autopsy photos.
11:35 AM: Det. Sommers tolds jurors blood stain evidence shows the vehicle hit someone then ran through blood stains in the driveway where Poklemba lay dying.
11:28 AM : Det. Ed Sommers, with LCSO, tells jurors where the impact occurred, there was no sign that a vehicle lost control. The prosecution is trying to show Poklemba was hit on purpose.
11:05 AM: Det. Ed Sommers, is on the scene recounting his investigation into Poklemba's death.
10:44 AM: LCSO Det. Ed Sommers described for the jurors a Google Earth map of the areas involved in the crime.
10:35 AM: Heather Quinn, a close friend of Poklemba, took the stand. Quinn said Gonzalez and Poklemba knew of each other from high school, but had never formally met. Quinn said she last spoke to Poklemba at about 7:30 p.m. on the night of her death. Under cross examination, the defense attorney asked why she never told anyone that she, Poklemba and another cousin knew Gonzalez prior to the incident. Quinn said she told "a" detective at some point.
10:17 AM: Graves examined prints from the Cadillac, and those known prints from Gonzalez and Poklemba, but no matches were made.
10:10 AM: Sharon Graves, an LCSO fingerprint expert, took the stand. She examined 21 prints from Gonzalez' Cadillac; 14 of which were unreadable; seven were able to be matched.
9:37 AM: FDLE crime analyst took the stand and explained how she matched the tires on Gonzalez' car to the casts from the scene.
9:32 AM : Another photo of a bloodied foot and leg were shown on the big screen.
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