Clash in courtroom over videotaping of Clansman trial defendants

A sharp courtroom clash over the alleged videotaping of defendants set the tone for proceedings in the Supreme Court yesterday,before a police prosecution witness later identified two of the accused men in connection with the 2020 murder of William Christian.

Tension first surfaced around claims that police officers were seen capturing images of the men as they were being transported from court last week, an issue defence attorney Tamika Harris insisted was both real and serious but which the prosecution dismissed as a “distraction”.

The Crown argued that the matter had been improperly raised again yesterday and warned against allowing it to derail the trial, citing that any continuation was “really a distraction”.

“We do not wish for any distraction to continue,” the prosecutor said, describing himself as “a cautious man” who wanted to ensure that the proceedings remained focused.

However, Harris pushed back forcefully, telling the court she personally observed police officers with camera equipment pointed at the accused men.

“I do not believe it is a distraction,” she said, adding pointedly that the prosecutor “perhaps, does not understand the rule”.

She maintained that the camera had been directed at the men for an extended period about 1 p.m. on March 10 and challenged the explanation that the recording was part of a SWAT team’s ‘internal production’.

WITNESS’ STATEMENT

“I, Tamika Harris, observed for myself … police officers with camera equipment turned to the men when they were going in the truck … . I saw no photograph of any SWAT team either,” Harris said after viewing material brought after the court subpoenaed it while also highlighting discrepancies in the material presented, including a gap of roughly 15 minutes and differences in the positioning of the transport vehicle.

She insisted that raising the issue was her professional duty, citing established rules, conventions, and practice directions governing the treatment of defendants.

“If he (prosecutor) thought it was a distraction, he should keep that thought to himself,” she added, drawing applause from the accused men in the dock.

Presiding judge Dale Palmer made it clear, each time the matter was raised, that there was a strict policy prohibiting the photographing or videotaping of defendants but also indicated that the matter, while properly raised, should not stall the proceedings.

The court was told by the JCF legal officer, Jamie Brown-Bailey, that the footage in question was for internal use, but lingering discrepancies remained even after the material was presented.

Despite this back and forth, the trial continued after Harris said, “I am in the court’s hands … . I will take instructions from my client.”

Palmer said that if deemed necessary, the issue might be the evidence of submission at a later stage.

ISSUES RAISED

Notably, since the issue was raised, alleged gang leader Tesha Miller has been appearing around the courthouse and inside the courtroom with his head and face covered with a bandanna in addition to wearing a face mask.

The bandanna, however, is removed once the sittings begin.

The focus yesterday later shifted to evidentiary matters when a veteran detective sergeant continued his evidence-in-chief from the stand and detailed his role in the investigation into Christian’s killing.

The officer, who has carried out investigative duties since 2004 and has been a detective since 2005, recounted that on April 18, 2020, he responded to a radio call and arrived at the scene in Spanish Town shortly before 4 p.m.

Describing it as a “bright, sunny day”, he said he observed bloodstains and spent casings on approaching the crime scene, where residents had gathered.

During a search, he discovered a bag, which has been the subject among at least two prior witnesses, containing approximately $70,000, a magazine for a firearm, and an identification document bearing Christian’s name.

The most dramatic moment of his testimony came during an in-court identification exercise.

An initial request by defence attorney Paul Gentles for the accused men to be repositioned in the dock, which he described as “shuffling the deck”, was met with objection from the prosecutor who said he had “never seen it before”. Palmer upheld the request.

REQUESTED ANOTHER LOOK

The witness was invited to identify anyone he recognised as being charged for the murder.

He initially indicated that he did not see the individual but added, “I am certain I had seen him this morning in court,” and requested another opportunity to look.

Despite objections from Gentles, who questioned whether the process was becoming a “trial and error exercise”, the judge permitted a second attempt.

On that occasion, the witness walked around the courtroom for a second time and positively identified one of the accused as Michael Wildman, who confirmed his identity when asked to state his name.

The detective testified that he had charged Wildman with murder and wounding in connection with the case, alleging that Wildman responded at the time, “A bare lie the bwoy a tell pon me”.

In a similar exercise, the witness later identified another accused, Lamar Rowe, who he said he had taken into custody on December 4, 2020, while Rowe was reporting on bail.

The trial involving alleged gang leader Miller and 24 other co-accused is scheduled to continue today in the Circuit Court division of the Supreme Court.

andre.williams@gleanerjm.com