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By Bonnie Baird . Tribune Staff Writer ,FARMINGTON —. The te mony.Qf defense - witnesses the firbt degree murder trial Lewis Ehner. Frayer, 19. S Lake City, began here Thu day af^urpoon after Second I trldt jfernfey K. Sv.deru^4;S^;'cngly argued deteiraoliop for'dismissal ciC the ca,'rt ; ■, ■dPRAYEK IS charged with 1 July 7.!^hooUhg of Louis Syl\ Garcia1; 29, :aT musician frlt; Helper, while, .the latter slept an. Jau^moblfe parked be£ IJ.SV 91 at Parrish .Lane w companions, B a r b a r a Ha; mann, x22‘ and Charles (Rocky) Bierschwal, 19, both Cape Girardeau, Mo. :Defense attorney Phil Hanst Salt Lake City, asked for d missal on grounds the proselt; tion had failed to prove preme tatlon, or that the victim w shot' in the perpetration of felony. He said the state's c\ evidence shows the shot “accidental, ‘THE JURY WAS dismiss* approximately! anhour while dismissal motion was argue In his opening statement tc Jury, Mr. Hansen said he w introduce evidence to show Charles fj.i.“Rocky’' Bierscl had^ill^l companion cause - of jealousy over the ten’s, at ten tion^o Mrs, Haarh7- -s’ ‘ 7 ' i* -JMR. HANSEN termed death; of Mr.h Garcia “an solved mystery,” He pcinti the lack ot‘a murder wean.* • ; 1 • •wevidence and said he woulc Sheriff Kenneth Harhnion fire a gun similar to the on lieved to have killed Mr. GaiTHE:STATE’S testimonycated the shot was fired i % *^ via aJ V-U 1Ions, Mr,' Hrihsen said.. 11 sible, he would have the hear the gun discharge wit? automobile, he added.Mr. Hai^seM.who did not i examine:;^ jfef the state1:nes^lnpt?r6Bfect to any c state’s testimony, told the Thursday afternoon he had this course hi.order to 1lt; possible details involved icase be .brought into the of« . \ * *%lt; * * *r.A'„ r^iT witnesseHansen ^al^Robert W. and: D’crio Seal, Utah Stat on guards. They were in of two Utah, prison inmat were confined to Davis Jail for a time..when Mr schwal was held there as terial witness and while I was also, in custody.; ;Mr: Smith, told the cou earlier Thursday, while kitchen of .the Jail, he hi woman, whom he later icte in court as Mrs..HaarmaI 4to the jail* door where- tl Utah prison inmates wer and say, “I want to te guys something. • If yo Rocky killed him,1 Rock? you won’t live long.”MR. SMITH SAID A :man then pulled the.w away from the door. Hi tied Mr. Bierschwal as 1 who took her from the Mr. Seal also told of the conversation of the hut said he did not see tl an taken away from i door.THE DEFENSEstate to rbonen its casi “adverse’.’ witnesses, M mann arid Mr. Bierschv be cross examined.Assti Dist. AUy. Robe declined the request « opportunity to cross had been waived and nesses would have to 1 as defense witnesses.Alfred Allen Skinner Martinet;, 'Utah Prison were called to the star defense attorney.MARTINEZ said he heard Mr. Bierschwal.say *‘I killed Louie,” while he and Mr. Bierschwal were in the same jail cell to* gather last July. Under cross examination he said he did not know who the “Louie”’was, that was referred to hy his cellmate.Skinner testified he recalled t.\ conversation with Mr. Bierseh-r wai ir which he asked Mr.] Bierschwal if he didn’t want to i see Frayer convicted and the] reply was that Mr. Bierschwal] “had his reasons,” and that he] didn’t want to see him “sent to-the joint,” meaning prison. fSHERIFF Kenneth Hammon, called Thursday afternoon as a defense witness, told of taking a statement from the defendant.He said the defendant earlier denied that he shot Mr. Garcia, but in the statement said the gun accidentally discharged while Grayer was going through the glove compartment of the automobile.The sheriff said the defendant told him at first he thought the] shot had missed Mr. Garcia, hut; some time later he saw blood] on Mr. Garcia’s head, I
Newspaper Details
Salt Lake Tribune
Salt Lake City, Utah, US
Fri, Nov 22, 1963
Page 50
Full Page
Clipped by
Anonymous
USA 14 Jul 2019
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