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Alabama News
Panhandle teen declines to testify in murder trial
By BILL KACZOR PENSACOLA, Fla. (AP) -- A teenager who says he fatally stabbed his
uncle in self-defense chose not to testify Thursday at his murder trial,
which will go to the jury following closing arguments Friday.
Daniel is accused by prosecutors of premeditated first-degree murder
and would receive an automatic sentence of life in prison without parole
if convicted as charged. The boy, then 15, claims his uncle broke through his bedroom door at
his mother's home in the nearby Beulah community in a drunken and
drug-induced rage and used his Kung Fu training to hit and kick him and
threatened to tie him up and castrate him. Although he did not testify, jurors Wednesday heard him say, in a taped
interview with investigators a day after the killing, that he never
intended to kill his uncle. "I just wanted him to stop, and he wouldn't," Daniel said on the tape.
"If I had known that I would have killed him, I would have just let him
beat me." Tom Brame, program coordinator for the 1st Circuit Juvenile Assessment
Center, testified Daniel had a cut on his hand that was stitched up and
red welts on his neck that appeared to be finger marks after the
killing. "He seemed to be sleepy and traumatized," Brame said. "He did not
appear angry. ... He appeared to be pretty glazed over." His testimony was introduced to rebut an Escambia County sheriff's
investigator who told jurors that Daniel didn't seem too scared during
subsequent questioning, but did appear angry because his uncle had broken
his television set, stereo and video game equipment. Dr. Michael Berkland, a former associate district medical examiner,
testified for the defense that most of 10 knife cuts Jack Carter suffered
were struggle or offensive wounds and few, if any, were defensive. His testimony contradicted Dr. Gary Cumberland, his former boss, who
had told the jury Tuesday that most of the wounds were defensive. Cumberland resigned as chief district medical examiner last month while
under fire for spending taxpayer dollars with his private pathology
practice. Cumberland last year fired Berkland for failing to complete
autopsy reports on time. The Medical Examiners Commission also scrutinized
Cumberland for letting Berkland fall behind. Circuit Judge Terry Terrell refused to let defense lawyer Patrece
Cashwell introduce an assessment test Brame had done that showed Daniel
scored low on anger and high on trauma. Terrell also agreed with prosecutors and blocked another uncle, Dave
Carter of Tyler, Texas, from testifying that his late brother had a
violent streak and severely beat his dogs. He was allowed, however, to
tell the jury that their mother often beat her children, including Jack
Carter, to discipline them. "That's the only thing he knew," Dave Carter testified after wiping
tears from his eyes.
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