***UPDATED at 6:43 P.M. on FEBRUARY 8th***
Just a few hours ago the prosecution in the murder trial of 15-year-old Lacy Aaron Schmidt wrapped up its case. They showed a 4-hour interview between investigators and Schmidt.
In the interview, Schmidt lies to investigators several times...which the defense acknowledges. But, the defense's whole argument is that Schmidt was a young, scared kid and that's why he lied.
The defense, in their opening statement, asked the jurors to find Schmidt guilty of manslaughter instead of murder, but Judge Michael Annis told the defense that he had not seen any evidence pointing to voluntary manslaughter...which, by definition, is killing someone by sudden outburst...not pre-meditated. Judge Annis made the defense argue why she should allow manslaughter to be a possible verdict for the jury to reach.
"There's been very little if any evidence to show that this was pre-meditated and, at this point, it's just as likely that something happened as it was pre-meditated," said defense attorney Penelope Donkar.
"In this particular case, the evidence revealed some sort of inclination that there was serious provocation...that the victim somehow provoked him to killing her and there is not one single shred of evidence to that degree," said Assistant District Attorney Natalie Paine.
Judge Annis decided with the prosecution. But, it is isnteresting to not that the prosecution called this motion a big gamble. Because not the jury will have to decide, guilty or not guilty of murder. If he is found not guilty, it's done. If they would have allowed the voluntary manslaughter option, and he was found guilty of that, they could have appealed. Closing statements are tomorrow at 830 a.m.. We will be here and let you know what the jury decides.
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***UPDATED at 3:19 P.M. on FEBRUARY 8th***
We are told the prosecution and defense have both wrapped up their cases in the Lacy Aaron Schmidt murder trial.
The defense has now rested as no witnesses were called and Schmidt will not testify.
The jury will be called back at 8:30 a.m. Thursday morning.
WJBF News Channel 6's Jillian Benfield will have the latest information on the trial during our Wednesday evening newscasts.
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***POSTED at 2:45 P.M. on FEBRUARY 8th***
Day 3 in the trial of Harlem teen Lacy Aaron Schmidt is going on, and it is proving to be an interesting day.
Columbia County Sheriff's Office investigator Brian Jones took the stand during Wednesday's court session. Jones interviewed Schmidt the night Alana Calahan was killed.
The jury has seen a shortened version of that 4-hour interview session.
The interview started off with the investigators believing that Schmidt was a witness to Calahan's death, but then the investigator said the story didn't add up.
Eventually, during the interview, Schmidt said, "I didn't mean to hurt her feelings...it was an accident". Soon after that, the investigator read Schmidt his Miranda Rights, which he waved.
Prosecutors say Schmidt changed his story 27 times during the interview. At one point, the investigator said, "it sounds like you're trying to cover something up...just tell me the truth".
Schmidt later described what happened after he shot Alana, "she just laid there and the blood was going everywhere". Soon after that, investigators arrested him.
The prosecution is set to wrap up their case Wednesday afternoon. It is unclear, at this time, if the defense will call any witnesses to the stand.
We have learned the jury was just released and the judge told the attorneys that he has seen no evidence that can indicate a manslaughter charge being viable...which is what the defense was working for.
Judge Michael Annis told attorney Penelope Donkar that she has to prove that there is manslaughter evidence before that can even be an option for the jury to hear.
Count on WJBF News Channel 6 to bring you the latest coverage from court during our Wednesday evening newscasts.
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