Created on Tuesday, 26 February 2013 Written by KANTELE FRANKO,Associated Press
AKRON, Ohio (AP) — A man who says he was wounded by gunfire but escaped testified Tuesday as prosecutors began trying to show that robbery and identity theft were motives behind attacks two years ago that left three men in Ohio dead. All four were lured by phony Craigslist job offers.
Scott Davis stepped down from the witness stand and stood in front of alleged triggerman Richard Beasley to identify him as the attacker. Davis also said he remembered a tattoo on Beasley's arm.
Beasley, 53, has pleaded not guilty to multiple counts of aggravated murder, kidnapping and other charges. His trial began Monday in an Akron courtroom.
"He wanted a new identity and he got it," prosecutor Emily Pelphrey told jurors Monday in an opening statement as she outlined the evidence against Beasley, an ex-convict who slumped in his wheelchair without looking at Pelphrey. Beasley has back problems.
His attorney, James Burdon, said there isn't enough evidence to convict Beasley. He said the defense would try to show that the survivor attacked Beasley first, not the other way around.
In what appeared to be the first such mention in the case, Burdon also said the defense would try to show that Beasley had posted the Craigslist ads at the behest of a man with a violent criminal history. He didn't detail the circumstances.
Beasley, who was dressed in a dark suit, could face the death penalty if convicted.
In a 40-minute opening statement Monday, Pelphrey showed jurors photos of the victims and, without identifying the teen, a photo of Beasley hugging his co-defendant, Brogan Rafferty, 18.
Rafferty, who thought of Beasley as a mentor and friend, was convicted last year and was sentenced to life in prison without the chance of parole.
Rafferty, too young at the time of the crimes to be eligible for the death penalty, has agreed to testify against Beasley. It was unclear whether his testimony could lead to a sentence reduction.
At his sentencing, Rafferty said the crimes were horrible but he didn't see any chance to stop the killings. Rafferty said he feared Beasley would kill him and his family members if he tipped off police.
If Beasley is convicted of aggravated murder, the same jury would hear evidence on whether to recommend that the judge impose the death sentence. Any sentencing proceeding likely would begin April 8, the judge said.
Prosecutors say the victims, all down on their luck and with few family ties that might highlight their disappearance, were lured with phony offers of farmhand jobs in southeast Ohio through Craigslist ads. The slain men were Ralph Geiger, 56, of Akron; David Pauley, 51, of Norfolk, Va.; and Timothy Kern, 47, of Massillon.
The lone survivor, Davis, was shot in the arm and fled into the woods. Davis, of South Carolina, was looking to move closer to his family in the Canton area.
He fled into the woods in Noble County after hearing the click of a handgun, getting shot in the arm, and pushing the weapon aside.
When the prosecutor outlined how Kern was killed, his father, Jack Kern, sitting in the front row of the public gallery, wiped his eyes and shifted in his seat as he listened.
"He was shot in the back of the head," said Pelphrey, who showed a Nov. 13, 2011, parking lot surveillance photo of Kern, apparently the last time he was seen alive. He was shot later that morning, Pelphrey said.
Burdon signaled that the defense would challenge the prosecution's contention that Davis was attacked first by Beasley while walking at the farm and discussing a $300-a-week job. "We think the evidence will show the opposite," Burdon said.