An expert witness with a 20-year career in law enforcement testified that he believes Cortez police officers used excessive force when arresting a man with mental health problems on Valentine’s Day.
Shane French, 38, is on trial for stabbing Cortez police officer Casey Eubanks. The defendant, who opted not to testify, claims he was trying to defend his blind father and elderly mother. Former Pueblo County Sheriff Dan Corsentino seemed to agree.
Paid by the defense to review the case, Corsentino outlined his qualifications to jurors on Thursday, the fourth day of the trial. A graduate of the FBI academy with 20 years in law enforcement, Corsentino now operates a private investigation and security-consulting firm. Prosecutors stipulated he could testify as an expert.
Without a warrant or presented with an emergency, police didn’t have legal grounds to enter French’s home, Corsentino said, adding that officers “miscalculated” and made the “wrong judgment” to enter.
Corsentino also said he believes that officers used excessive force, using stun guns on him seven times, including five while he was handcuffed.
“The officers involved … used excessive force,” Corsentino told jurors.
To bolster its Make My Day case, French’s defense showed photos depicting multiple red welts surrounding a large bruise on French’s back and numerous bruises up and down his legs.
Prosecutors’ third and final witness, French’s mother, was also called to the stand on Thursday. Patty French said she called 911 the night in question with a hope that officers would be able to help “calm her son.”
“He was yelling and screaming at the top of his lungs,” French testified.
She also testified that responding officers busted into her home, shoved her blind husband and then tackled her son within seconds.
“The police pounded on the door,” said French. “They pushed on it, and they came rushing in.”
On cross-examination, French further testified that her son suffers from a mental disorder, but he was never violent or made any physical threats. On the witness stand for more than an hour, French said police barged into her home without reason and used excessive force.
After her testimony, public defender Heather Little requested a direct judgment for acquittal on all nine charges. She argued that prosecutors failed to provide evidence that her client stabbed an officer.
“There was no blood found on the knives,” said Little.
District Attorney Will Furse countered that “intent may be inferred from all circumstances” connected to the evidence. He added the defendant repeatedly apologized to police the night in question, which demonstrated an admission of guilt.
District Court Judge Todd Plewe did dismiss one count of resisting arrest, but ruled there was “sufficient evidence” presented on the remaining four counts of assault and four counts of resisting arrest.
“The jury should decide,” said Plewe.
Outside of the jury’s presence, Furse on Thursday twice attempted to introduce evidence about the defendant’s prior felony conviction. The defense called it a “smear campaign.” The court denied each request, meaning jurors would not be privy to the information.
Closing statements were set for Friday morning, with jury deliberations starting by noon. During their discussion, jurors won’t be permitted to posses cell phones nor even consult a dictionary, Plewe instructed.
Throughout the first four days of the trial, attorneys from both sides launched more than 120 total objections.
tbaker@cortezjournal.com