The Virginian-Pilot
©
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.