Loren Wade on trial for murder
Transcription
Loren Wade on trial for murder
uA r i z o n A s t A t e u n i v e r s i t yu tHe state press u A n i n d e p e n d e n t d A i l y tuesDAY may 29, 2007 u Loren Wade on trial for murder former asu running back charged with murder of another former asu football player in 2005 By BriAn inDreLUnAS the State PreSS Close Call asu baseball defeats ua in series to head to ncaa regional tournament despite some shaky relief. see story, page 8. u Headlines U.S. and Iraqi troops raid al-Qaida hideout north of Baghdad baghdad — u.s. and iraqi forces freed 42 kidnapped iraqis — some of whom had been hung from ceilings and tortured for months _ in a raid on an alQaida hideout north of baghdad, the u.s. military said. military officials said the operation, launched sunday on tips from residents, showed that iraqis in the turbulent diyala province were turning against sunni insurgents and beginning to trust u.s. troops. “the people in diyala are speaking up against al-Qaida,” said maj. gen. william caldwell, the top u.s. military spokesman in iraq. after two weeks of trial, the fate of a former asu football player could be decided this week. loren wade, a former sun devil running back, is charged with first-degree murder in connection with a 2005 shooting outside a scottsdale nightclub that left another former asu football player, brandon falkner, dead. the prosecution and defense don’t dispute that wade reached into falkner’s car to punch him with gun in hand in the early morning hours of march 26, 2005. neither side contests that falkner was killed when the gun fired and he was shot in the head. at issue is whether the fatal shooting was a separate, intentional act or an unintended event tied in with the punch. “our position is not that mr. wade’s not responsible but that he did not commit this intentionally,” said defense attorney ulises ferragut, who will continue calling witnesses when the trial re- sumes tuesday afternoon. before wrapping up the state’s case against wade last wednesday, prosecutor Juan martinez spent the better part of two weeks trying to prove that the shooting fits arizona’s definition of firstdegree murder — that it was premeditated and intentionally or knowingly committed. martinez has said wade killed falkner in a “moment of decision.” the prosecution called a number of eyewitnesses to the shooting, some of whom said they had seen or heard wade rack his gun, an action that brings a bullet into the chamber so that it can be fired. falkner was shot as he sat in his car outside the cbnc nightclub, near scottsdale and mcdowell roads, which he had just visited with the three other men in his car. passengers cale readis and tyrone bowers both said they heard wade rack the gun. but they differed on whether he did so before or after he punched falkner. both men, though, said they saw wade punch falkner with gun in hand and then, in a sep- thomas boggan | east valley tribune ConCenTrATion | Wade listens to the opening statements from the prosecution during the first day of his trial May 15. arate motion, shoot him. “he drew the gun back, chambered it and then he fired,” readis said. antoine manning, a friend of readis’ visiting from washington state, was also in the car and testified that he saw wade rack the gun after loading ammunition into the weapon. outside the car, haley van blommestein said she stood a few feet away from wade, who was then her boyfriend, repeatedly shouting, “no.” van blommestein said she and a friend had planned to meet up with falkner’s group after the nightclub closed. but while on the phone with wade as she walked out of the club, she asked wade to pick her up instead. van blommestein said she was telling falkner about the change in plans when wade walked up to the car. “loren hit brandon in the face,” she said. “at that point he had a gun. “and then i saw the bullet [hit] the left side of his head, and his head fell and the car shot forward.” van blommestein said she didn’t remember how much See wADe Page 4 —AP TrAffiC AnD ConSTrUCTion u from 7 a.m. today through thursday, university drive from maple avenue to rural road will be closed to one lane in each direction for microsealing and striping. u starting today, the east half of the 10th street parking structure (formerly parking structure 3) will be unavailable for ongoing maintenance. decal holders for this structure are allowed to park elsewhere in the structure or in lot 16 and stadium parking thomas boggan | east valley tribune ralph freso | east valley tribune viSUAL AiD | Prosecuting attorney Juan Martinez holds a diagram of the scene of the crime during the opening day of the Wade trial May 15. eMoTionAL | Wade’s then girlfriend Haley van Blommenstein wipes a tear from her cheek as she testifies May 21. 4 The State Press tuesday, may 29, 2007 local after the trial wade Continued from page 1 time elapsed between the punch and the shot and didn’t see whether Wade racked his gun. Levise Robertson, the friend who accompanied van Blommestein when they went to meet with Falkner, said she didn’t see Wade holding a gun, but heard the shot. “[I saw] him walking up to the car and the sound — the pop,” she said. “I didn’t think it was real.” The prosecution also called law-enforcement officials who testified about the investigation, the firearms examiner who tested Wade’s gun and the medical examiner who performed Falkner’s autopsy. Steven Valdez from the Scottsdale Police Department’s crime lab said he found that the gun would not fire without the trigger being pulled. But he said the gun did not eject used bullet casings as it should, and one of the weapon’s two safety mechanisms didn’t work. Valdez said that if the safety on the grip of the gun was ralph freso | east valley tribune Teammates | Wade’s former teammate and current Chicago Bear linebacker, Jamar Williams, testifies May 21. disengaged by being held, the gun could be fired regardless of the setting of a safety switch on the side of the weapon. Dr. Mark Fischione of the Maricopa County Medical Examiner’s Office said Falkner’s gunshot wound was caused by a gun fired anywhere from six inches to three feet away from the head. Family members, including Wade’s mother and Falkner’s father, and friends have been in attendance throughout the trial. The high-profile case also attracted Tempe resident Zeke Sanchez. Sanchez said he often attends ASU football practices and has talked with both Wade and Falkner after practice during their respective years on the team. “I always considered them both friends,” he said. “They were great guys.” budget financial aid. “But originally we asked for more to offset the tuition increase.” ABOR approved a 5 percent tuition increase for the 200708 school year at its meeting Nov. 30. That increases resident undergraduate tuition at the Tempe and Downtown campuses $230, for a total $4,821. Tuition at the Polytechnic and West campuses will be $4,620, an increase of $220. Nonresident undergraduate tuition at all campuses increased 7 percent to $16,853. But Senate-recommended financial aid still fulfills AFAT, only the second year since the program began in 1989 that financial aid would be fully funded to the agreement’s standards. “If we end up with the Continued from page 1 $13.4 million – requested by Gov. Janet Napolitano and the Arizona Board of Regents. The Regents make up the body that sets tuition and fees for the three in-state universities. Devin Mauney, undergraduate student government director of government relations and an ASA board member, said both USG and ASA – an organization that fights for financial aid for the instate universities – endorsed the amount the regents and governor requested. “It’s a good first step, because it fully funds the program [AFAT],” Mauney said of the Senate’s recommended State Press editor Matt Stone contributed to this report. Reach the reporter at [email protected] The 14 women and one man charged with determining Loren Wade’s guilt or innocence may start deliberations as early as this week. If the jury convicts Wade of firstdegree murder in connection with the shooting death of Brandon Falkner, he would be sentenced to life in prison – either for his entire natural life or with the possibility of parole after 25 years of imprisonment. The prosecution is not seeking the death penalty against Wade. Jurors could also opt to convict Wade of a lesser offense, such as manslaughterornegligenthomicide, which doesn’t carry a life sentence. While the impact the case will have on Wade’s life has yet to be decided, the March 26, 2005, shooting has already spurred a number of changes at the ASU, where Wade and Falkner attended. The shooting came at a time of transition for ASU’s athletic department, which was preparing for then-athletic director Gene Smith’s mid-semester move to Ohio State University, and it ushered in changes seen across the University. At a press conference on March 31, 2005, ASU President Michael Crow named an interim athletic di- rector and also ordered an investigation into issues raised by the shooting and the University’s handling of Wade. ASU’s faculty athletic representative, Law Professor Myles Lynk, put together a committee that found athletic officials made “errors in judgment” about earlier allegations against Wade. But the committee said University officials could not have foreseen the off-campus shooting of Falkner. The committee’s report, released in July 2005, also called for improvements in campus safety. As a result of committee recommendations, ASU began requiring that students and staff report all suspected violations of the University’s weapons or threats policies to ASU police. The University also launched a hotline where policy violations could be anonymously reported. New athletic-department guidelines for dealing with weapons violations or threatening behavior and for referring student-athletes to counseling were also drafted. The University’s campus safety town hall meetings are also a result of a Lynk-committee recommendation. amount in the senate budget, it’s still a big victory,” Mauney said. Tiffany Troidl, the government affairs director for ASA, said students played a big part in lobbying the state legislature for financial aid, the organization’s biggest issue. Earlier in the year, students from all three instate universities sent more than 800 emails to their legislators urging them to increase financial aid, Troidl said. Mauney said members of ASA have been working to increase state-based financial aid by hosting a lobby day, where more than 60 students from ASU and UA visited the legislative building downtown to fight for funding. Some students have also gone down and talked to leg- islators about the issues, Mauney said. But now that the spring semester is over, fewer students are taking action at the legislature. “Mostly it’s private conversations at this point between the Senate and House and governor’s staff,” Mauney said. “It’s hard to have a big event.” However, if students want to help, they can write letters to their legislators by visiting azstudents.org, which has a link to the legislators’ e-mails, he said. The Senate and House must reconcile their proposed budgets before further action can be taken. Reach the reporter at [email protected].