CHESAPEAKE
Ryan Frederick's attorneys accused prosecutors Friday of withholding information and failing to produce a witness who might have evidence that would help the defense.
The attorneys spent the late afternoon arguing over a re-enactment video and other information that prosecutors gathered months after the Jan. 17, 2008, shooting death of Detective Jarrod Shivers.
Shivers, 34, was shot executing a search warrant at Frederick's Portlock home, where police believed Frederick was growing marijuana. The 29-year-old Frederick is charged with capital murder, but he claims he fired in self-defense.
After hearing two days of testimony from nearly every officer at the scene that night, defense attorney James Broccoletti said in court he had expected to hear from the officer who first spoke to Frederick after he surrendered.
Special prosecutors told Judge Marjorie T. Arrington that the officer was unavailable to testify because he was in Georgia for training and was expected to be there for weeks, if not months.
Broccoletti said he believes the officer would testify that Frederick appeared sober that night, contrary to what prosecutor James Willett said in his opening statement, that
Frederick "was stoned out of his mind."
"I'm sorry for the inconvenience, but based on the opening statement, which I did not expect, I think we need him back here to testify," Broccoletti told the judge.
She agreed and ordered the prosecutors to get the officer back.
Later in the day, while the evidence technician on the scene that night was testifying about a re-enactment photo, Broccoletti's partner, Eric Korslund, noticed a line running through the photo.
The technician, Grover Davis, who has since retired, said the line was a string used to show the trajectory of the fatal bullet from inside the house, through the door, to the person standing in for Shivers during a re-enactment held in March. There was also a corresponding laser beam.
This was news to the defense team.
"Luckily, Mr. Korslund's eyes are better than mine and he saw it," Broccoletti said.
The defense team knew about the re-enactment, but Broccoletti wondered aloud whether the prosecutors have other scientific evidence or measurements they haven't shared.
The prosecutors said they did not believe they had any other evidence they are obligated to turn over to the defense, though they might have privileged information they are not required to share.
The judge ordered the prosecution to search for any other evidence or information they may have, and she will rule whether the defense team should have it. She also ordered prosecutors to let the defense team watch the video that was taken the night of the re-enactment.
The trial resumes Monday, when the jury is scheduled to be taken to Frederick's house.
Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com
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proud native
Guess what RF is a violent criminal, he murdered someone on his front lawn. No murderer, rapist, armed robber, serial killer, etc is a violent felon until they are caught the first time. Then we know how violent they are. Ted Bundy was a great guy for many years till he was caught and we realized what an animal he was. We now know RF is homicidal, sounds kinda violent to me.
For every one who comments that RF was asleep, read the paper. He arrived home just after 8 pm, the search warrant was executed at 8:30. He was seen at 2 different windows by 2 different police officers before he shot. He was awake and moving around his house. He could have called the police if he really thought he was being broken into. He panicked because he knew the police were at his house for his drug dealing. If anything give the cops credit for not shooting back, unbelievable restraint on their part. why? because you don't shoot through a closed door.
Wow, read the paper get the facts
Now, people are saying RF called the police? His phone was right there, he NEVER called the police either to report his pot plants being stolen or when the police were at his door. He should have called the police if he was truly in fear for his life, that's what normal people do. Perhaps instead of reading the inaccurate blogs, you should read the actual story in the paper. Put down the bong and get some facts before posting.
Shivers was wearing a hoodie that covered his police patch??????Where do you get this stuff??? Was it a really big hoody that covered the other 7 cops patches, vests, helmets and the marked police car in front of his house. I guess that hoodie muffled the sounds of the numerous announcements and banging on his door. Hey wolfie spill in aisle 6 get a mop.
when this trial is over Det Shivers will still not be with us, but at least RF will be behind bars where he belongs hopefully for a long time.
"Why isn't anyone commenting
"Why isn't anyone commenting on the fact that the police did not shoot back at Frederick?"
So you think that somehow justifies using informants to break into his house then come raid it after dark. I would actually think this points to the fact that they knew what they were doing was wrong. Also as soon as RF realized they were cops he surrendered. With the shell casing found at the scene I don't think its been determined wether they did shoot back or not. I hope when the truth comes out there will be multiple investigations into cpd's actions. Our most precious rights are being completley disregarded so police can try to stop people from ingesting a plant they've been using for 10,000 years. Some laws are just really dumb and this tops the list. How many more det. Shivers and Ryan Fredricks before we realize this.
burglar>pot grower
"Could that be because it's kind of hard to call the police to say your house was robbed and all your pot plants were stolen???"
This is a huge problem in and of itself and in no way should point to guilt. A lot of people would'nt call if not much was taken because its a hassle and could raise your homeowners insurance. If the punishment fit the crime and the laws were reasonable people who grow thier own could call for help but sadly we are living with insane drug policies and overzealous cops that will violate rights to get arrests. Also the hoodie shivers was wearing apparently covered the 2"x4" patch. They testified to giving 25 seconds for RF to respond. Lots of reasoable doubt. If this case dosen't end in aquittal we all lose.
@sidney16
"But how many times has it been said....830pm is not the middle of the night. He got home maybe 1 hour before the search warrant."
It is if you work an early shift, as Mr. Frederick reportedly did. When I've done the early am shift, I've gone to bed earlier than that, so it is plausible, even likely, that he was asleep by that time.
"Did anyone catch the FACT his attorney admitted that he was growing pot? But he said it was for personal use...having 10-15 plants I would not think is personal use."
And yet the police found only a small amount of marijuana on the premises. Even if there was a grow operation there (not proven by the state) he obviously had gotten rid of it by then. Why wouldn't a real drug distributor have let the cops walk right in, and laughed his butt off when they found nothing.
"He could have shouted out to the intruders that he was armed...called the police...."
He did call the police, this is not in dispute. That he called after is understandable, since he apparently felt threatened. As for the shouting, barking dogs had not scared off the intruder, so why would a shouted warning?
"He killed someone. Plain and simple."
Not in dis
John Wilburn
I am an optimist you are right.... and you may have a great memory, good for you... However, it doesn't change the fact that the officer in question is in TRAINING for his new FEDERAL job. And the prosecution FLEW him up here. They were not trying to keep him away... as I'm sure you will put in you diligent and oh so truthful (not) notes from today's proceedings.
Keep on posting your biased blogs, for those of us that know the truth, they make for a good read.
rmhbb1
rmhbb1: You can include as many lies and exclamation marks as you choose (and there are many of both in your comments)..but it is not going to add a bit of weight to your silly points.
a good quote from a friend
This is my friend's opinion (which I have to agree with): "Is there even a dilemma? A group of armed and dangerous thugs attempted to force entry into his home in the middle of the night in order to take possession of his marijuana stash. The man would have been within his rights to gun down all of them. You see, there was no mistaken identity here. He thought he was shooting at a burglar and indeed he was shooting at a burglar.Unfortunately for him it was one of the syndicated, uniformed burglars." Amen
Tisk tisk
Rm: You probably have never been so wrong in your entire existence.
Even in consideration of the laws, Ryan was completely justified (and certainly not guilty of 1st degree murder). By the way, I have never used any illicit drugs. I do, however, use the deadliest drug (a thousand times over)-nicotine. I just don't think I'm any better than the next person who uses weed (or other substances). Many of you are suffering from a serious case of denial. Many laws throughout our history have been destructive and ineffective. Our illicit drugs laws would probably have to be placed at #1 on that list of bad laws. Billions of dollars later..and illicit drug use has not gone down..
Ok...I hear ya
But how many times has it been said....830pm is not the middle of the night. He got home maybe 1 hour before the search warrant. Did anyone catch the FACT his attorney admitted that he was growing pot? But he said it was for personal use...having 10-15 plants I would not think is personal use. He killed someone. Plain and simple. He could have shouted out to the intruders that he was armed...called the police....as for the lady who shot the kid....she was on the phone to 911, yelled to the kid that he was at the wrong house,yelled to the kid she had a gun....I say she was wrong for shooting, but who am I. I would say she would get away with it because she is a woman who was by herself and so on...but she WARNED AND CALLED THE POLICE. Ask DD, he will tell you his attorney said it. It's in his own blog, so it must be true. The Pilot failed to report that....strange isn't it.
Cj is absolutely right !
Amen.We need more citizens to take this constitution stuff seriously.
To Loyal
Actually Loyal, the guy next door to me is a police officer, as well as several past and present friends. Myself, I am active duty military and have been for 28 years. Can I defend myself, yes I can. Have I broken down doors, yes I have. But my post and my point have nothing to do with them or my self defense capabilities. I do not care about the drugs in this case or about Ryan really. I care about government employees breaking down doors in the middle of the night to drag people away with no good reason to do so. I care about them using justification supplied by a known criminal to do so. This is not the Soviet Union or Nazi Germany. We are Americans, we have a Constitution. The Chesapeake leadership needs to answer for what happened here and we need to try to make sure it does not happen again.
Not just a citizen protecting his property!
I can't believe all these comments that state "Frederick is just a citizen protecting himself"! A family man sitting in his house watching TV and not committing any crime and hearing someone break through the front door, is a citizen protecting himself! A person selling and growing marijuana from their house and hearing "Chesapeake Police Department search warrant" three times and then just blindly shooting is a murderer! end of story!!!!! San Fransisco (where no one is responsible for their own actions) is approx. 3000 miles away! Start walking!!
Reply to STLCOUGAR
Did you ever think that the Officer may not be a Chesapeake Police Officer any longer? That maybe he got a job with a federal agency? Which would explain why he is in Georgia (Where the Federal Law Enforcement Training Academy is by the way)attending training for several months. Do some fact checking and explore options before you start with the conspiracy theories!!!!
I don't understand why
I don't understand why people keep acting like the police just busted down the door without warning. It has been stated repeatedly that they "knocked and announced" themselves as police several times before trying to enter. And really who is "dead asleep" at 8:30pm??? It's not like it was the middle of the night, and he had only gotten home like 30 minutes earlier. He sure must be a deep sleeper! They also were all wearing tac vests that say POLICE in big bold letters. What happened that night is the kind of situation that the police try to avoid at all costs. They make a point to let people know who they are to avoid someone getting hurt. For all of you who agree with what Frederick did, I hope this never happens to you because you will be on trial for murder also.
Why isn't anyone commenting
Why isn't anyone commenting on the fact that the police did not shoot back at Frederick? Don't you all realize that the police didn't shoot back because they were unable to identify their target and knew that if they just started blindly shooting (through a door) that they could hurt/kill an innocent person. Frederick should be dead right now and i'm sure all of the officers involved that night wish they could have shot back. The bottom line is that you can't claim self defense and protecting your home when the person you are shooting at IS NOT IN YOUR HOME. And why also is no one commenting on the fact that Frederick never filed a police report after his home was previously broken into? Could that be because it's kind of hard to call the police to say your house was robbed and all your pot plants were stolen???
MemyselfandI
I was also in the courtroom when PROSECUTOR JAMES WILLETT told Judge Arrington that the officer would not be returning for up to several weeks…
Keep in mind that some of us bloggers were there too…
(And as a former air traffic controller and computer programmer, I have trained memory for details…)
At the time that the witness lists were compiled, Mr. Broccoletti was unaware that Mr. Willett was going to claim that Mr. Frederick was “stoned out of his mind,” in his opening argument…
Windelstat (sp) and Duncan made the arrest, and could testify as to Mr. Frederick’s “condition…”
Even though Windelstat was a prosecution witness, only the Judge may excuse him – if he were a civilian witness who left the state without the Judges permission, he’d be returned in handcuffs…
But, keep on trying to snow us – it’s always nice to meet an optimist…
loyal1
In your words I hear the sound of jack boots clomping on cobble stones.
Loyal1...
You said: "What has to be proved by the state or disproved by the defense is the issue of his intent"
No, the state needs to prove this, the defendant only needs to counteract the prosecutions facts and statements such as implying that he was in a drug induced rage and he was growing and selling marijuana. So far, it has only been shown that Frederick was simply defending himself from someone trying to break into his home and happened to kill one of these home invaders. The facts are there that Frederick thought he was defending himself, it is up to the prosecution to PROVE that he knew they were cops. This is why people screw up when they defend themselves against a simple speeding ticket. It is not up to you to prove that you were not speeding, it is up to the cop to prove that you were.
comment for "Loyal"
We dont care what you do for a living... maybe that comment you made, just shows a small hint of why there is such a problem with peple "WHO THINK" they are in power. This forum is not for you, it has to do with the shooting of Shivers by Fredrick. If the CPD wasn't reencatng what they see in the movie theatures and treated this person as "INNOCENT UNTIL PROVEN GUILTY", made a normal arrest.... Then we wouldn't be typing here.
As to "MemyselfandI" Mr. Fredricks life, if any life is based on this trial.... Do you thnk anyone here understands why that person wasn't pulled from an assignment, to be Present in court?
It just seems you 2 are on suck a power high, that you are not able to speak intelligently...