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Monday, January 16, 2012

Litchfield Co., CT - Campbell Trial Day 4: Defense motion for summary judgment denied.....

OFF THE WIRE
RICKY CAMPBELL
 registercitizen.com
Moments after the state rested its case Friday against Kevin Campbell for the alleged murder of Roland Lagasse, the defense team looked to Judge James P. Ginocchio to end the trial immediately.
Ginocchio, citing the provided evidence and witness testimonies, denied the motion for summary judgment by Campbell’s public defenders, leaving the jurors with ultimate discretion once the trial ends. The jury may have the opportunity to decide Campbell’s fate late next week, depending on the defense’s next move.
The defense, led by attorneys Chris Cosgrove and Damian T. Tucker, said State Attorney David Shepack might not have a solid argument in convincing the jury of Campbell’s guilt.
“The state has not, beyond a reasonable doubt” proved 57-year-old Campbell as a murderer, Cosgrove said, adding that the “credibility is questionable” of the lone eyewitness Shepack brought to the stand.
The only witness that claimed to see Campbell pull the trigger and shoot Lagasse on June 27, 2008 was that of Eugene Thebarge, a former Forbidden Motorcycle Club member. The defense pointed out that Thebarge’s statement didn’t align completely with his police statement that evening nearly four years ago.
On Friday, the state prosecution brought in Jerome “Rob” Welsh, who said he heard the gunshot and saw Campbell holding the gun moments following the shooting, but didn’t see him pull the trigger. Welsh said he had saw Campbell’s gun earlier that day.
Welsh was the third of three witnesses at the scene of the crime top testify this week.
As the newest member of the Forbidden Motorcycle Club in 2008, Welsh was supposed to be receiving his one-year patch, signifying his anniversary and achieved duties through the club. While he, Lagasse and Thebarge — who testified Wednesday — felt he deserved the patch, the Campbell brothers — Kevin and his brother, James — felt otherwise.
Welsh told the court that it took him “somewhere between a minute and 40 seconds” to reach the door, following the group of bikers headed outside to settle the dispute. In his police statement from June 2008, Welsh said he was four minutes behind the others.
When Shepack re-examined the witness, Welsh told him he wasn’t sure how long it took him to reach the door, but it was “not long.”
By time Welsh reached the outdoor scene, he saw Thebarge and his brother, Brian, aiding Lagasse. The Campbells, he said, were not helping in any way.
“He (Kevin Campbell) was the one standing there with the gun,” Welsh said.
“It ruined my world for me,” Welsh said. “Roland was my best friend.”
Welsh was told by Thebarge — as the group was heading out the door, moments before Lagasse was killed — to “take care” of Lagasse’s leather vest, or “rags.”
“I did,” he said. “And I still have them.”
Following Welsh’s testimony, the court brought in Robert K. O’Brien, a forensics science examiner for the state of Connecticut. O’Brien was asked in April 2009 — just before the first Campbell murder trial — to examine the shirt Lagasse was wearing and determine the distance between the gun and the shirt.
The 3/16 inch hole in Lagasse’s t-shirt, along with elements detected on it, gave O’Brien an “approximate” professional opinion that the muzzle of the .38 pistol was “one foot to two foot away” from Lagasse’s body.
The defense now has the next move in the trial’s chess match. When jurors return Thursday morning after a five-day break, they will either find themselves listening to more evidence and witnesses provided by Campbell’s team, or be preparing themselves for closing arguments.
Following their motion for Ginocchio’s summary judgment, the defense also hoped to take the jury to the Forbidden Motorcycle Club on Winsted Road in Burrville Center.
Attorney Tucker said taking the jury out to the crime scene “gives more credibility than the pictures” and could possibly give state prosecutors and edge. But citing “justice” and “fairness,” Tucker argued his point — which Shepack dissented — only to find a second denial from Judge Ginocchio.
Thursday’s actions, contingent on Tucker and Cosgrove’s decision, could result in a quicker decision than the allotted three weeks for the case in Litchfield Superior Court.

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