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Sunday, January 29, 2012

LITCHFIELD - Campbell trial wraps up: Prosecution uses Lagasse’s portrait to appeal to jurors..

OFF THE WIRE
RICKY CAMPBELL
Register Citizen Staff
Roland Lagasse was killed on June 27, 2008 by a bullet that penetrated his chest, traveled through his heart and lungs, and lodged itself near his spinal column.
Lagasse’s face, however, was in Litchfield Superior Court Thursday. State Prosecutor David Shepack produced a framed photograph of Lagasse during his closing argument, and the man’s face was visible to the 12 jurors — reminding them why they were called to serve.
Lagasse’s alleged killer, Kevin Campbell, and his defense attorneys have no control over what happens next in the now-three week trial, as the jury began deliberations around 4:15 p.m. on Thursday. State prosecutors are hoping to put Campbell behind bars for shooting his friend outside the Forbidden Motorcycle Club.
Closing arguments concluded right before 1 p.m. All the evidence, testimonies, causation and emotion was poured into more than two hours of debate between Shepack and Public Defender Chris Cosgrove.
Shepack began his portion with a brief statement of thanking jurors and then let the 2008 recording of witness Jennifer Valdarama Mercado’s frantic 911 call set the stage.
“The evidence shows that through [Campbell’s] actions, words and thoughts that he, in fact, intentionally, rather than accidentally, killed Roland Lagasse,” Shepack said. “These were friends. He testified that [a fist fight] was out of character for Roland, yet he testifies that when Roland is on the ground dying, he walks away.
“He doesn’t say, ‘I’m sorry, I didn’t mean to do it,’” Shepack added.
Arguing intent to kill or severely injure, science of the gun and hoping to save himself, Shepack said Campbell murdered Lagasse and followed the act with no sense of remorse or apologetics.
The state prosecutor belted into Campbell’s testimony, saying it was “fabricated” and designed after hearing the scientific evidence behind the gunshot.
Shepack even briefly reminded the jury that Campbell’s own brother, allegedly the man Lagasse fought with before his death, failed to testify during the trial.
“[Campbell] demonstrated that this was intentional not accidental,” Shepack said. “That is why he walked away to make arrangements for his cat — because he knew he wasn’t going home that night.”
Judge James P. Ginocchio denied Shepack the opportunity to show Lagasse’s photo during his initial argument because of a complaint by defender Cosgrove. Shepack later set up the picture following Cosgrove’s closing argument.
“These guys were friends and they were very close, which makes this tragedy all the worse,” Cosgrove said during his opening statement. “[Campbell] didn’t intend to kill him. He didn’t even intend to shoot him… Kevin saw what had happened to his brother and could reasonably assume the same thing was going to happen to him.”
According to the defense’s testimony, Lagasse was “in a rage” over a motorcycle vest patch. He struck Campbell’s brother and knocked him to the ground, followed by a few kicks to the side. He then knelt down on one knee to hit him “about 10” more times.
Campbell, 57, is 5 feet 9 inches and weighed just over 120 pounds at the time.
Due to a motorcycle accident, the former Vietnam-era Marine and canvas shop owner Campbell has a prosthetic leg and a lame left wrist.
Cosgrove continued through his argument, saying Forbidden club member Eugene Thebarge’s testimony was designed to benefit him and his criminal history in the Litchfield judicial district that Shepack oversees. According to Cosgrove, Thebarge and Lagasse created “a conspiracy” against the Campbell brothers.
The science put into evidence, Cosgrove told jurors, “fits perfectly with what Kevin Campbell tells you.”
“It’s perfectly consistent,” he added.
“[Campbell]’s telling the truth and he’s consistent with what he said in the first trial and in this trial,” Cosgrove said “Was it his conscious objective to kill Roland Lagasse? Of course not... These guys were friends.”
Campbell’s self-defense testimony earlier in the trial described Lagasse as “hovering” over him, as Campbell pulled out his .38 Smith and Wesson revolver and it accidentally went off. While Shepack argued the 10 1/4 pounds needed to be applied to the trigger was not feasible outside of intentional, Cosgrove said, “We don’t have to prove self-defense for you. The prosecution has to disprove self-defense.”
“You’re going to conclude that this man is not guilty,” Cosgrove said. “And that’s the only logical conclusion.”
The jury is expected to continue deliberations throughout the day Friday. Meanwhile, those left behind from Lagasse’s life will be waiting their decision.
“There are people in this room who are relatives of Rollie,” Cosgrove told jurors. “What happened was terrible. It was a tragedy.
“But Kevin Campbell was part of Roland’s family too. His extended family.”
Reach Ricky Campbell by e-mail at rcampbell@registercitizen.com, on Twitter @rickycampbellRC, or by phone at (860) 489-3121 x343. Follow us online at registercitizen.com and on Twitter @RegisterCitizen.