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Payan murder trial begins |
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Wednesday, 28 October 2009 |
By LESLIE MIELKE
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BLACKFOOT — The second degree murder trial of the State of Idaho versus Courtney James Payan, age 23, opened Tuesday, Oct. 27, in District Judge Darren B. Simpson’s courtroom in the Bingham County Courthouse.
Payan was arrested the afternoon of May 26, 2009, and charged with stabbing Robert Padilla, age 21, to death. Witnesses said Payan and Padilla had a fight in the early morning hours of May 26 when the stabbing occurred.
According to courtroom testimony, the altercation occurred somewhere between the Rusty Nail and Arctic Circle on South Broadway in Blackfoot.
The 12-member jury, plus one alternate, was selected Tuesday morning. On the jury are four women and seven men.
In his opening statement, prosecuting attorney J. Scott Andrew told the jurors during a fist fight between Padilla and Payan, Padilla received two stab wounds--one to his chest, another to his lower abdomen.
Padilla had no weapon whereas Payan had a knife on him, Andrew said.
“What brought about Padilla death?” Andrew asked.
In his opening statement, defense attorney R. James Archibald said, “This is a case of ‘who done it?’”
“Is there a reason why he did it?” Archibald asked.
Payan was facing 10 guys, his attorney said, so he grabbed a kitchen knife.
“Was this murder or is there evidence that this is self-defense?” Archibald asked. “I will argue that my client is not guilty by reason of self-defense.”
As a state’s witness, Andrew called family members and friends of Robert Padilla to the stand. Gloria Coronado was the first witness. She had called her cousin, Robert Padilla, asking for Padilla’s help.
Bingham County Detective Mark Phillips was one of two detectives to whom Coronado initially spoke after Padilla’s death. Detective Phillips was asked if references in the recorded conversation recorded on Coronado’s cell phone might have gang implications.
Padilla’s brother, Michael, was called to the stand and questioned about his activities on the evening of May 26. Michael and his friends, Devin Smith and Juan (Tony) Mendoza, each individually testified that he had spent from about 9 p.m. to 1 a.m. playing the game, “Fugitive” around Blackfoot.
Following the game, each young man was questioned about how he came upon the fight between Robert Padilla and Payan, then what did he see and what did he do.
Prosecuting attorney Andrew said he felt the prosecution would conclude its testimony by noon today.
Defense attorney Archibald is anticipated to conclude the defense testimony by 5 p.m. today.
The trial resumes again at 9 a.m. today.
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Last Updated ( Thursday, 29 October 2009 )
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