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Michigan v. Budzyn
Blood Spatter Expert Testifies
(DETROIT, MICHIGAN - Feb. 26) The prosecution presented a blood spatter expert whose testimony indicated that both Larry Nevers and Walter Budzyn were responsible for Malice Green's fatal beating.
State blood spatter expert Rod Englert actually inspected Green's car in preparation for this case. Using a chart, Englert described three different categories of blood spatter to the jury, and explained how different blood spot shapes indicate various factors, such as the velocity at which the blood was traveling and the direction the blood was moving. He then proceeded to show the jury a demonstration involving blood spatter patterns, including "castoff" (blood slung from a weapon or object during the backswing) and "medium velocity" (blood projected at a medium speed from a more direct source).
Englert stated that there was enough room in the front seat of the victim's car to swing a flashlight. He then showed the jury a series of photographs of the car, as well as sketches he made during his analysis. Applying the blood spatter principles that he had described earlier to the photos of blood patterns in the car, Englert explained to the jury that he believed that many of the blood spatters had been caused by castoff, while others appeared to have been the result of medium velocity. This led Englert to the conclusion that some of the blows had been delivered from inside the car.
In fact, according to Englert, the evidence is consistent with the blows having been inflicted by two persons swinging flashlights or other factors such as one person lying down in the front seat on top of the victim (several witnesses placed Budzyn in the car over Green in this position), and another outside the driver's side front door (where Nevers was allegedly located).
During cross-examination, defense attorney Carol Stanyar pointed out that Englert's conclusion were based on his conclusion that these were castoff blood spatters and asked him if another expert could reasonably disagree with his conclusions. Englert defended his analysis but admitted that, if what he determined was castoff blood was really evidence of medium velocity, his findings would be affected.
Before Englert's testimony, the deposition of another eyewitness, Robert Knox, was read in court. (Knox was shot and killed two months after Green's death in an unrelated incident. But before his death, he testified at a preliminary hearing about what he had seen, and the transcript of that testimony was read aloud for the jury. This same testimony was also read for the jurors in Walter Budzyn's original trial.)
According to Knox's story, he left Ralph Fletcher's home at around 10:30 on the night of November 5, 1992 in the company of previous witnesses Teresa Pace and Robert Hollins. As the trio walked to the front of the house, they saw Malice Green's car being pulled over by an unmarked police car. (Knox admitted that he had also been to Fletcher's residence earlier in the day, and had smoked two dime packs of crack cocaine. He insisted, however, that his cocaine usage had not affected his memory.)
Knox said that when he saw Officers Budzyn and Nevers pull up behind Malice Green, he remarked, "Damn, Starsky and Hutch!" He said, as have other witnesses, that Budzyn ran up to him and asked him where he was going. Knox testified that the defendant searched him at that time, but did not take anything from him. In the meantime, Fletcher and Green had gotten out of Green's car, and Green was now sitting in the passenger seat, with his feet outside the car. According to Knox, Budzyn (whom Knox knew as "Hutch") then returned to the car and instructed Green to open his mouth. Green did so – but when Budzyn told the suspect to open his hand "Green just looked at him . . . so Hutch hit him on his hand with his flashlight."
Knox said that Budzyn struck Green several times – causing Knox to ask Nevers, "Starsky, why don't you tell your partner to be cool?" According to Knox, Nevers did nothing. Budzyn continued to strike Green, eventually leaning far into the victim's car. Eventually, said Knox, the two men were almost lying down face to face.
"He [Budzyn] had him like in a motion, like 'whomp, whomp,' hitting him," Knox testified. "Malice was like spreaded inside his car." The witness claimed that he and Ralph Fletcher tried to convince Green to surrender whatever might be in his hand. Despite the fact that Budzyn continued to hit Green, the latter refused to unclench his fist. But Knox said that the victim never responded to his attack in any physical, aggressive, or threatening way.
Eventually, claimed Knox, Nevers made his way to the driver's side of the car. "It was like Malice was laid all the way back, looking up at the ceiling, and I saw Starsky take his flashlight, and was making motions like on the upper part of his body," Knox said in the deposition. At the same time, Budzyn was "still hitting him, like on the hands and arms and that area." Knox said that he saw the officers' flashlights swinging but conceded that he never actually saw any of the blows connect with Green's head.
At this point, Knox said that he and Ralph Fletcher retired to Fletcher's house. When they later emerged, they saw Malice Green lying in the street, with blood coming from his head. In spite of the fact that the suspect was already handcuffed – and even though other police officers were at the scene – Knox claimed that he saw Budzyn strike Green in the stomach some three times. And like previous witness Gregory Sims, Knox described Larry Nevers playing around with a toy gun at this time.
Before all of Knox's testimony could be read into the record, scheduling concerns made Judge Jackson decide to halt it in order to accommodate the day's other witnesses. The rest of the transcript will be read for the jurors when court resumes next week.
Tommy Alston, the Lieutenant/Inspector in the Homicide section of the Detroit Police Department at the time of the incident, also came to the stand. As commanding officer, he directly participated in the investigation of this case. Alston did not personally report to the crime scene immediately after the beating. But he dispatched other officers to the area – including police personnel who were ordered to confiscate the clothing worn at the time by Officers Budzyn and Nevers. Nevertheless, Alston admitted that – for some unknown reason – only the tan jacket worn by Larry Nevers that night was ever actually taken into evidence.
Court will not be in session on Friday, Feb. 27. Testimony is expected to resume on Mon., March 1.
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