State trooper trial continues on day three with more witnesses

By: Taylor Temby, KKCO Newsroom Email
By: Taylor Temby, KKCO Newsroom Email

The prosecution continues presenting their case against a state trooper accused in the shooting death of Jason Kemp, and a Colorado law allowing a homeowner to use force has been brought up several times.

The day started with a bit of a shocker. It was definitely an interesting start to the day. One of the members of the jury was dismissed from the case after she recognized Jason Kemp as a customer from her job at a liquor store. She told the courtroom that the picture of Kemp presented yesterday triggered her memory.

The judge says the jury member did the right thing in coming forward as soon as she recognized him, but the district attorney asked that the juror be removed, afraid she had negative feelings about Kemp.

The main investigator in the case testified trooper Lawyer's gun was sent to the Colorado Bureau of Investigation to make sure it was functioning properly at the time of the shooting, and to ensure it didn't fire on it's own.

In cross examination of the investigator, the defense tried to show that getting a search warrant would have taken too much time, days, or even weeks, and Kemp's blood alcohol content levels would have decreased or Kemp could've gotten away. The investigator said a search warrant should only take a couple hours to get.

There was also an interesting argument during the case. The "Make My Day" law has come up a few times with the D.A. saying if Kemp had felt threatened and had shot Lawyer, he would've been justified in doing so.

Another witness today was Alex White. He was on a ride along with Colorado State Patrol that day-- in Lawyer's car--- and was just 50 to 60 feet away from Jason Kemp's front door when the shooting happened. White said he heard a gunshot, but didn't know where it came from. He saw trooper Lawyer in the doorway of the duplex, alerted the people he saw in the street to take cover, and took cover behind the patrol car.

The day wrapped up with a criminal defense attorney on the stand giving the jury information about the 4th Amendment and the exceptions to that amendment. There was dispute from the defense in letting this witness testify, but the judge made the ultimate decision. Another person from the Colorado State Patrol took the stand after.

The trail is expected to go into next week. There are as many as 20 witnesses that could be called by the prosecution and less than five by the defense.

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