A weeklong trial started this week for 38-year-old Shane French, who is charged with stabbing a Cortez police officer on Valentine’s Day.
The trial started with the jury voir dire process on Monday, Dec. 1. After watching a 30-minute informational video, a pool of 70 potential jurors responded to a two-page questionnaire aimed to expedite the selection process.
Jurors excused from service on Monday included a college student, a store manager and a woman who had to take her child to a scheduled doctor’s appointment. Jurors not excused from service included a hotel owner who served as an on-call maintenance technician and a man who said his daughter was expecting to deliver twins later in the week.
The day also included a reading of the charges by District Court Judge Todd Plewe. French is charged with four counts of assault on peace officers and five counts of resisting arrest.
“The charges are not evidence,” Plewe instructed jurors.
Tuesday
With no jury selected, day two of the voir dire process resumed on Tuesday with 39 potential jurors remaining. A jury of 12 plus an alternate, consisting of seven females and six males, was sworn in and seated before noon.
Afterward, Plewe outlined general trial procedures and gave jurors further instructions. Jurors are permitted to record their notes and ask written questions of witnesses, which are subject to the court’s approval. Jurors were also told only to consider evidence presented at trial.
Outside of the jury’s presence Tuesday afternoon, Public Defender Heather Little argued for sanctions against District Attorney Will Furse after it was discovered that evidence in the case had been lost by the Cortez Police Department. Plewe denied the motion, saying defense counsel could renew the motion if needed as the trial continued.
Public Defender Amy R. Smith, however, successfully argued to bar the prosecution’s factual statement of the case from being handed over to jurors after Furse failed to provide the information by court deadline. Smith added that Furse used “inflammatory language” in presenting the basic facts of the case.
Prior to a noon recess, Smith also requested that the judge ban The Cortez Journal from live Tweeting from inside the courtroom.
“Should I have (the reporter) walk out into the hallway to send (the Tweets)?” Plewe asked.
The Journal subsequently submitted a written request to send electronic communications during the proceedings, which Plewe granted with a stipulation not to disrupt the trial.
Opening statements
After the noon recess, Furse said in his 12-minute opening statement that the suspect’s mother via an emergency 911 call requested police to the scene. He said officers were warned with a “10-zero” numeric code to “be mindful of officer safety.”
When officers arrived, Furse said they saw the defendant yelling and flailing his arms before stabbing Cortez officer Casey Eubanks in the stomach with a kitchen knife.
“The defendant’s actions were unreasonable, unjustified and illegal,” Furse told jurors.
During her eight-minute opening, Little disputed the facts, telling jurors that her client was justified when trying to defend his blind father and elderly mother from excessive police force. She said Eubanks suffered a “small knick” to his belly that only required a Band-Aid.
“Shane French is not guilty,” said Little.
Mistrial requests
During the first of two afternoon recesses on Tuesday, Little requested a mistrial, citing the defense was never notified that police would testify that her client tried to bite several officers, as indicated by Furse in his opening remarks.
“Shane doesn’t have any teeth,” Little said.
Although Plewe admonished Furse to turnover all discovery in the case, he dismissed the mistrial request, adding surprises routinely popped up at trial.
“This is not a major issue,” said Plewe.
During a second afternoon recess, Little again requested a mistrial in regard to the evidence lost by law enforcement. Plewe denied the request, saying the issue could be taken up during cross-examination of prosecution witnesses.
“These interruptions need to stop,” Plewe told defense counsel.
First witness
Shortly before 2 p.m. Tuesday, Cortez Police Department officer Boyd Nagle was the first witness to take the stand. After hearing “quick heavy footsteps,” Nagle said the suspect and Eubanks collided inside the living room of the North Texas Street residence.
“I yelled Taser, Taser,” Nagle testified.
He said French and Eubanks then spun around once before going to the floor.
“I heard knife, knife,” Nagle continued.
After being stabbed, Eubanks reportedly left the scene, leaving other police officers to collect a filet and paring knife from the scene, Nagle said. Refusing to comply with officers during a pat down, the defendant “mule kicked” Nagle during repeated stun gun electrocutions, the officer added.
“At one point (French) even grabbed the Taser,” said Nagle.
A recorded 911 call from the defendant’s mother and subsequent police chatter were also played in open court. The recording, which lasted less than six minutes, ended with police stating, “one in custody.”
Bored jurors
Also Tuesday afternoon, Furse told the judge that he was concerned than an elderly juror appeared to be “nodding off” during trial. Plewe subsequently admonished jurors to pay attention, and gave them permission to stand and stretch if needed during testimony, sip a drink and eat a snack or simply twiddle their thumbs.
“I pop a jelly bean to keep me going,” said Plewe.
