The daily Nebraskan. ([Lincoln, Neb.) 1901-current, January 23, 1997, Page 3, Image 3

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    TRIAL from page 1
Muhammed and Brown were both
Husker players at the time, but both
have since left the program.
Hawkins said he saw a gun shown
and told Cole not to fight with the four
men, and said Cole did not listen.
During a stretch of testimony that
was repeatedly objected to by Chief
Public Defender Scott Helvie,
Hawkins said the words going between
the men were gang related.
“This is blood. You a snitch,”
Hawkins said, recalling what was said.
“F—k you crab, f—k you slob.”
Hawkins said crab was a deroga
tory remark to a Crip gang member,
and slob was offensive to Blood gang
members.
Hawkins said he and another man
pulled Muhammed and Brown off
Cole, and the fight had stopped. He
said that at that time, Washington was
away from the fight.
As Hawkins was asked what was
- said at this point, Helvie objected, say
ing the words were hearsay. McGinn,
r after a short sidebar, dismissed the
jurors for the day.
Without the jury, McGinn allowed
Hawkins to go on, so the judge could
rule if the words were admissible into
the record.
Hawkins said Muhammed was
yelling “Shoot that motherf-r,”
and “Get him,” at Washington.
McGinn then ruled that the words
would be admissible.
r
«
Riley Washington doesn’t have to prove
anything. He is presumed innocent.”
Kristi Eggers
Defense attorney
During previous testimony,
Hawkins said Washington, after hear
ing Muhaiiimed’s words, then walked
over to him and Cole with a black re
volver. He said Washington said to
Cole, ‘“Nigger, you goinV”
Cole grabbed Hawkins and hid
behind him, saying, “Don’t let them
kill me.” As the two ran, Washington
fired three shots, Hawkins said.
Lahners, in his opening state
ments, said while Washington’s case
is somewhat of a simple case, some of
the testimony could be tough.
“We’re going to introduce some
witnesses, and they are not going to
be some of the nicest people in the
world,” Lahners said.
Previewing evidence to come,
Lahners described the events of Aug.
1 and Aug. 2, 1995. He described a
fight that erupted between two sides
shouting “fighting words” to each
other.
When the fight had been broken
up, Lahners said, the crime was com
mitted.
• Ji « > V.
“The defendant then goes over to
Mr. Cole, pulls a gun out of his pocket,
levels it and proceeds to shoot Mr.
Cole,” Lahners said.
Lahners said the prosecution
would not introduce a gun into evi
dence because one had not been found.
He said there also would not be any
complicated scientific testimony.
Kristi Eggers, one of Washington’s
defense attorneys, used the start df her
opening statements to jab at Lahners’
planned witnesses. She started laying
the groundwork for reasonable doubt,
the standard whereby the prosecution
must prove its case.
However, many of Eggers’ argu
ments were met with objections.
Eggers also said Washington
would testify despite his right not to.
“Riley Washington is not taking on
the burden of proof,” she said. “He is
not accepting that burden of proof be
cause the burden of proof never shifts.
“Riley Washington doesn’t have to
prove anything. He is presumed inno
cent.”
DWI, other charges
still haunt Farley
Ex-Husker pleads
no contest to three
separate charges.
From Staff Reports
Former Husker football line
backer Terrell Farley pleaded no
contest to three of seven charges
against him
Tuesday. The
other four
charges were
dropped.
Farley, 21,
a Columbus,
Ga., native,
faced charges
stemming from
a Nov. 20 inci
dent where he rMlw
fled from police.r ”
He was arrested after a chase
near 32nd and Leighton streets on
suspicion of drunken driving,
speeding, driving bn a suspended
license, failure to submit to a so
briety test, resisting arrest and flee
ing the scene of a property accident.
The city attorney’s office later
added a charge of failure to com
ply with a police order.
Farley pleaded no contest to that
charge, and to the charges of leav
ing the scene of an accident and
drunken driving — which was his
second DWI offense. Charges of
speeding, driving on a suspended
license, failure to submit to a so
briety test and resisting arrest were
dropped.
Football Coach Tom Osborne
released Farley from the team af
ter the incident. Farley’s first DWI
charge came before the season, re
sulting in a two-game suspension.
He is scheduled for sentencing
March 28.
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