Despite all doubt, defendant admits stabbing victim
|
|
Friday's proceedings in Josh Tillinghast's murder trial began like any other day of the hearing. The state brought forth witnesses, and the defense created doubt in their testimony.
That all changed by the afternoon, when, in a surprise move, the defendant took the stand.
When the prosecution rested its case in time for the court's lunch break. All the evidence indicated that the defense would do likewise when lunch was over. But that changed after Judge George Eichwald allowed the jury to leave.
It was at that time that the judge told the attorneys he would not give the jury instructions on self-defense, having seen no evidence to show Tillinghast was currently at risk of death or great bodily harm.
Eichwald left the door open to the defense, saying that if their client wanted to testify that he was threatened, the judge would allow self-defense.
Defense attorney Charlie Brown argued for a bifurcation of the proceedings, meaning that the jury would first be asked if they believed the defendant caused Robert Smith's death. If so, then the trial would proceed, and the defendant would testify that he was afraid for his life. If not, then the trial would conclude.
The idea, however, did not sit well with the prosecutors.
"What council has said is, 'My client didn't do it, but if you can prove that he did, it's self defense,'" said Michael Calligan, the deputy district attorney from Gallup. "I think the defense has to pick a defense."
Brown responded that the state has to prove all aspects of its case beyond a reasonable doubt, but Eichwald sided with the prosecutors.
So when the jury returned, the first words were, "The defense calls Josh Tillinghast."
Tillinghast, 21, was in tears by the time he told the jury about taking a knife from the dining room.
"I panicked," he sobbed. "I was just trying to get out."
"Just trying to get out" became a theme in Tillinghast's account, as he repeated it often during his testimony.
"I was trying to leave," he told the jury, as he paused several times to collect himself.
Attorney Ahmad Assed sounded like a stern father regaining control of a crying child as several times he used a firm, raised voice, saying only "Josh," to chorale his client.
Tillinghast told of three people - one with a sword, another with a stick, and a third - who were running toward him. One of them punched him in the face, so Tillinghast jumped to his right and swung the knife, he said.
"I tried to jump out of the way," he said. "(I was thinking) that I was going to die.
"I didn't want nobody to die. I wanted to fend them off me. If I don't they're going to kill me."
"Did you hit anybody?" Assed asked.
"I believe so," came the response.
Asked what happened next, Tillinghast said, "I just dropped the knife and ran."
Calligan used his cross-examination to point out discrepancies between the defendant's testimony and that of others.
Calligan first asked when Tillinghast arrived at the party. He answered it was about 2:20 or 2:30 a.m. Calligan then noted the 911 call was made at 2:47. Other witnesses said it was at least an hour from the time the defendant and his friends arrived to the time of the fight.
Calligan also asked about Tillinghast's statement to police, where he indicated he never even entered the house. The judge suppressed the defendant's interview with police until Assed touched on it during his direct examination. Tillinghast also said he received a black eye from police officers during his arrest but told the jury it was from one of his attackers at the party.
Calligan reminded Tillinghast and the jury that other witnesses said Smith already appeared injured before another witness saw the stabbing.
"He hit me ... with his fist ... in my eye," Tillinghast sobbed.
"The same place the police hit you?" Calligan quipped.
Then there was the knife. Why, Calligan asked, couldn't police find the knife if Tillinghast had simply dropped it.
Lastly, Calligan reminded the jury that Smith was unarmed in the defendant's account and by all witnesses was described as calm and collected. Some said he was even trying to stop the fight.
"You think you can just take lethal action against anyone in the area?" Calligan asked.
Some family members, from both sides of the case, said Friday was the hardest day of the trial, and during the defendant's testimony, several spectators in seated in the courtroom allowed some of their thoughts to escape their lips. Officers from the Sandoval County Sheriff's Office stood at the divider separating the audience from the attorneys.
Eichwald had previously warned those speaking audibly in the audience that he would not accept such behavior, warning that punishment could include a contempt of court charge. After the defendant spoke, he did not repeat the warning.
