As fellow Sun staffer Robert Rogers reported this morning, the re-trial for suspects in the deadly Mynisha Crenshaw shooting is back in full swing before Judge Brian McCarville in San Bernardino Superior Court.
However, this time there’s only three defendants. McCarville granted defense lawyer Marsha Fitzgerald more time to recover from an illness, so defendant Michael Barnett Jr. gets to sit this one out. Going forward in the retrial are defendants Sidikiba Greendwood, Sinque Morrison and Harold Phillips.
On Tuesday, lawyers for each side argued the finer points of a statement defendant Harold Phillips gave to San Bernardino Police detectives after the shooting. Prosecutors have the difficult task of redacting portions of the statement that pertain to the other defendants, while trying to keep the meat of the statement intact.
A handful of family members for the defendants watched the slow and deliberate proceedings from the gallery.
McCarville had ruled Monday that portions of Phillips’ tape-recorded statement to Detective Gary Robertson would be admissable at trial, after defense lawyer John Aquilina argued that his client had not been properly Mirandized. The judge ruled that a Miranda advisal later in the interview and a signature from Phillips made portions of the interview usable by prosecutors.
Deputy District Attorney Ron Webster and the defense lawyers were about two-thirds of the way through the written statement by the mid-day break on Tuesday. They still have many other issues and motions to address, aside from jury selection, before they can begin the testimony phase.