Tuesday, September 15, 2009

Prosecution Rests In Stinson Case


((HT: WDRB-Fox 41/Louisville))

The prosecution rested Monday in the Jason Stinson case.

Right after, Stinson's side asked a judge to find him not guilty. That's a standard request in criminal trials, when prosecutors have presented "all" their evidence. It rarely succeeds for the defendant and it did not Monday night. The procedure is called a "motion for directed verdict."

Jason Stinson's ((pictured, thanks Louisville Courier-Journal)) attorneys will begin his defense in a Louisville courtroom Tuesday morning. First, they wanted the judge to throw out the reckless homicide and wanton endangerment charges, arguing prosecutors had not proven their side. Judge Susan Schultz Gibson listened, but said "no." The jury will hear the rest of the case.

"I think there is sufficient evidence Max Gilpin died of a heat stroke. That the experience he went through at the practice, according to Dr. Casa, was such that certainly that contributed to the heats stroke, which ultimately led to his death. I think there is at least some evidence in the record of a failure to perceive the risk," said Susan Schultz Gibson, Circuit Judge.

Stinson's attorneys will argue that Stinson's actions as coach did not break any rules and that they did not contribute to football player Max Gilpin's death of complications from heat stroke. He was 15-years-old when he died in August of last year, three days after he collapsed at Pleasure Ridge Park football practice.

"We had a scheduled water break... then we had two unscheduled water breaks," said Stinson.

Stinson brought up his concern that players had water on that 94-degree day when Max became ill. He remembered players running extra sprints.

Stinson said he was calm and did not yell angrily at players or deny them water as some witnesses claimed. Stinson said he does not know when Max went down. No one told him Max was in trouble or struggling.

"After Max goes down, I can't tell you when he went down. Nobody said, 'Coach Stinson, Max is down.' or 'Coach Stinson, Max is struggling'," said Stinson.

"As a heat-related illness, he's the most critical patient I've ever seen,"
said Joseph Bratcher, Metro EMS.

After hearing the tape, jurors now have two different versions of Stinson's story to consider. Stinson's side may finish its case before the end of the week.

Here's Monday's courtroom wrap, thanks to our friends at Fox 41
Chris Turner stood in front of a monitor


Here are the tapes from the police interviews with Stinson as well

The Louisville Courier-Journal has live coverage from the courtroom

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