MINNEAPOLIS — The murder trial of Cody Fohrenkam is moving ahead Monday with both prosecutors and the defense team laying out a blueprint of sorts for how they will attempt to build and prove their cases.
Fohrenkam, 30, is charged with second-degree murder in the February shooting death of North High School student-athlete Deshaun Hill. Hill was just 15 years old when prosecutors say he and Fohrenkam randomly brushed shoulders while walking down a sidewalk on Glenwood Ave. Feb. 9. While security footage did not capture the actual shooting, video captured Fohrenkam running from the scene.
Late morning testimony - 11:10 a.m.
Court resumed after morning break with the lone witness who actually witnessed the shooting of Deshaun Hill back on the stand for redirect questioning by the defense. Ashley McNamara, a housing director at a local social service agency, listened to a 911 call she made from the scene describing the shooter as a black male wearing all black. Defense attorney Lisa Skrzeczkoski-Bzdusek compared that description to one McNamara gave on the shooting scene to now-retired Minneapolis police officer Joseph Schaney, that had the suspect wearing red pants and a black or blue coat. The witness confirmed the difference in her reports, saying she was more concerned about taking care of Deshaun.
Skrzeczkoski-Bzdusek also pointed out that when McNamara first talked to police she said she did not know the victim, but two weeks after Hill's death she referred to him as "Deshaun" while talking with another investigator. McNamara admitted she had seen media reports, and gone out to the memorial site. The inference was that the witness' story may have changed due to facts she had learned about the case.
Prosecutors next called Hamda Sufrin, a longtime cashier at a market called Wally's that is near the shooting scene. Sufrin testified that the store has 10 security cameras inside and outside the store that operate 24 hours per day. He looked at videos and still pictures from Feb. 9, the day Deshaun Hill was killed, and told jurors that the images accurately reflect the interior and exterior of the store.
After the defense and prosecution sparred over the relevance of the images and Sufrin's testimony, court broke for lunch.
Opening statements: 10 a.m.
During opening statements, assistant Hennepin County Attorney Chris Filipski referred to that video as being key to the state's case. They referred to Hill's promise as both an athlete and a student, saying he hoped to earn a scholarship at a good college. Prosecutors told the jury that a tip led them to look at Fohrenkam as the shooter, and that witnesses to Hill's shooting will be consistent in describing the clothing and backpack he was wearing on that fateful day.
"Keep your common sense in mind," Filipski urged the jury panel. "If you think logically you will see that there is only one verdict... that he (Fohrenkam) is guilty of murder in the second degree."
Defense attorney Brooke Adams called the fatal shooting of Deshaun "senseless," but told jurors that police never found a weapon, and did not locate the distinctive red pants he was reportedly wearing. Adams accused Minneapolis police investigators of sticking with the first name they heard as a suspect despite how little proof they had.
"Pay attention. You'll be surprised how little evidence is here," she insisted.
Following opening statements the prosecution began calling witnesses. First on the stand was Tuesday Sheppard, Deshaun's mother. She testified that Deshaun loved his friends, teachers and sports, telling jurors that more than 50 schools were looking at him to play football.
"He was my only son. I loved him," Sheppard testified. "He was a great kid. Other kids looked up to him. Instead of LeBron James, they looked up to Deshaun Hill."
Retired Minneapolis police officer Joseph Schany followed, detailing his training and experience. Schany told jurors he was on patrol Feb. 9 when he was dispatched on reports of a shooting and found Deshaun laying near a bus stop bleeding profusely with a weak pulse. The officer said he talked to a witness who described a black male wearing red pants and carrying a blue backpack as the suspect.
During cross-examination, the defense pointed out inconsistencies in the witness' description of the shooter, and had Schany admit that no one else on scene could give a description of the suspect, saying that most only heard three shots but saw nothing.
Third to the stand was Ashley McNamara, the witness that spoke with Officer Schany on the shooting scene. She described seeing a man in red pants pointing a gun at another person and firing 3 or 4 shots about 20 yards from her.
"Do you remember telling police you thought it was a black man?" McNamara was asked by prosecutors. "I said, could be. I later said they could be wearing a face mask. I did see the gun. I’m not good with guns but a black metallic handgun, pistol."
McNamara, a housing director at a local social service agency, then told jurors she saw the victim, described as a tall slender black male looking down at his phone, just walking. She said the victim, now known to be Deshaun Hill, was "trying to make himself smaller" when shots began ringing out, testifying that the first shot didn't hit him. McNamara broke down while describing Deshaun as non-responsive, but with his eyes open.
"I just tried talking to him... I took his hand and said "Hey friend, it's OK. I called 911. Help is on the way.""
McNamara said she then tried to find a pulse, but there was none. At that point, the witness told jurors, she didn't see anything that she could do so decided to help a group of clients that were with her who suffer from "significant mental illness."
At that point Judge Allyn called for the morning break.
Previous delays
A jury had been seated and opening statements were actually scheduled for last Friday, but Fohrenkam's legal team requested a delay in the proceedings, stating that their client felt "anxiety and agitation" about limited contact with family in recent days. Fohrenkam's attorneys said he hasn't had time to talk with them about the last week, which they described as "heavy" with motion rulings and legal maneuvering.
Judge Julie Allyn granted a day's delay, pushing opening statements to Monday, over the objections of prosecutors.
Hill's family was angry about the decision, as it marked the second postponement in the trial. Fohrenkam was supposed to go on trial in November but his attorneys requested more time to go over new evidence gathered by prosecutors. That request was granted, pushing the start of the trial to Jan. 17.
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