The man charged with second-degree murder in the 2013 shooting death of pastor Ronald Harris Sr. was in court Wednesday as Judge Clayton Davis heard defense and prosecution motions.
Woodrow Karey Jr., 56, is accused of walking into Tabernacle of Praise during a revival service on Sept. 27, 2013, and shooting Harris, 51, twice with a shotgun. Karey immediately turned himself in to authorities and alleged that Harris had raped his wife.
On Wednesday, Karey’s attorneys asked Davis to exclude prosecution photos that show Harris’ body, saying in a motion that they were “gruesome in nature” and “highly prejudicial.”
Defense attorney Adam Johnson said it would amount to 60 crime scene and 47 autopsy photos. The state has turned over 107 photos. Davis said he would review them.
The defense also requested the redaction of some close-up shots of Harris’ body in a 44-minute crime scene video shot by law enforcement officers. Davis agreed to let the attorneys discuss and agree on edits.
Prosecutors asked to limit what they said was a plan to bash the victim’s character. Attorney Cynthia Killingsworth said that after looking at the witness list, prosecutors came to the conclusion that the defense will bring up actions involving Harris and the United Pentecostal Church from over a decade ago.
“It is irrelevant and should be excluded,” she said.
Davis said that while he does not want to see any evidence of victim-bashing, he said the defense is allowed to “set the stage.” Davis said prosecutors are entitled to make objections during the trial.
The defense also asked that jurors be told that they can return a lesser verdict of manslaughter or negligent homicide even if they believe the state proved every element of the second-degree murder charge.
Killingsworth called it “jury nullification.”
Davis said he would look at the issue and let the attorneys know his decision before opening statements.
The judge said two weeks have been set aside for the trial. Defense attorney Todd Clemons asked whether a stay might be requested by prosecutors if attorneys do not get word before the trial on whether the state Supreme Court will uphold the tossing out of the second-degree murder indictment.
Karey was indicted on one count of manslaughter in November 2013.
However, prosecutors took the case back to a grand jury in June 2014, resulting in the current indictment.
In January 2015, Davis overturned the 2014 indictment, agreeing with the defense assertion that there had been an understanding by all parties that they would “live with the result of the initial grand jury.”
Killingsworth said she was not going to request a stay unless she “absolutely had to.”
Karey’s trial is set to begin Sept. 12.
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