Trial date set for October 22, 2012
Judge Cynthia Gray Hathaway of the Third Circuit Court agreed to a trial run involving her and the attorneys before she decides if jurors should be subjected to the stunning effects of the blast. "It would give the jury perspective because of the nature of the effect," Moran said. "It will show the jury exactly what happened inside that house." Officer Joseph Weekley is set to stand trial on an involuntary manslaughter charge in the shooting death of 7-year-old Black girl, Aiyana Jones. He faces up to 15 years in prison if convicted.
Police raided an eastside flat on Lillibridge on May 16 looking for a murder suspect. During the raid, a flash-bang grenade was detonated while Weekley, the first officer in, was already inside the home. Jones was shot once in the head. The special response team was being recorded by crews from the cable reality show "First 48."
Wayne County Circuit Judge Timothy Kenny issued the involuntary manslaughter charge against Weekley after serving in the rare capacity as a one-man grand jury. Moran said Kenny personally experienced a flash-bang detonation during his investigation. Moran said the judge found the experience "enlightening."
"It's important that the jury be able to see the effect the flash-bang had," Moran said.
Weekley's attorney, Steven Fishman, said it wasn't his client's decision to detonate the grenade. Nor was it his call to conduct the raid at night and allow a camera crew to come along with the highly trained officers, Fishman said.
"I don't see how it advances the ball for the jury to see this kind of demonstration," he said.
The judge scheduled the demonstration July 27. After that, she's expected to make a decision subjecting jury members to the detonation.
Moran, who said he has experienced a flash-bang detonation, said "words alone can't describe the effects it has."
Also facing charges related to the raid is Allison Howard. She recorded the raid for the A&E network. She is charged with obstruction of justice and perjury for allegedly lying to cover the fact she showed the recording to attorney Geoffrey Fieger. Fieger is suing the city over the shooting.
Howard allegedly denied showing or giving the tape to a third party under oath. Moran reiterated Monday the prosecutor's contention that she lied. After the incident she sold a copy of the tape for $2,500, Moran said - presumably to Fieger or his representatives.
The lie slowed the Michigan State police investigation by seven months, Moran said.
Hathaway on Friday set an Oct. 22 trial date for Weekley.