Jury To Get Case Monday In Brian Fitch Sr. Murder Trial
ST. CLOUD, Minn. (WCCO) -- There was a rapid end to the Brian Fitch Sr. murder trial in St. Cloud on Thursday.
The state wrapped up its case, and then the defense quickly rested without calling anyone to the stand. The 40 year-old man is charged with killing Mendota Heights police officer Scott Patrick on July 30, 2014, during a traffic stop along Dodd Road.
Judge Mary Theisen instructed jurors not to speak about the case with anyone over the weekend.
On Monday morning, final arguments will be made and then it will be in their hands. Jurors saw the hand drawn map Brian Fitch Sr. made in prison, showing directions to two witnesses he wanted killed.
Thursday, a BCA scientist testified that fingerprints on that paper are identical to Brian Fitch Sr. Then, a department of corrections investigator showed surveillance video of Fitch passing that map to the inmate who was to arrange the hit. Instead, Claude Crockson turned it over to police.
The state's case concluded with compelling DNA evidence, linking Fitch's DNA to the 9-millimeter pistol used in the shooting. McKenzie Anderson told jurors DNA from the right grip "was a single source male DNA matching the profile of Brian George Fitch, Sr."
She then admitted that DNA testing of the Green Pontiac Grand Am was less conclusive, though Fitch can't be excluded from what was found.
Then the defense got the case. Attorney Lori Traub had just one exhibit, a cell phone recording of the rapid gunfire from Fitch's eventual apprehension.
In waiving his right to take the stand, Brian Fitch told the judge, "My decision would be not to testify."
And when asked if he's been happy with his defense team, Fitch replied, "Yes I have."
There was added testimony Thursday afternoon, after the defense objected to the admission of Kelly Hardy's cell phone records. That phone was in the car when she was arrested with Fitch. The judge ruled that the state could call its witness back to clarify the record.
Closing arguments in the trial are expected to take place Monday because we still need jury instructions and closing arguments.
The jury won't get the case Friday because they will be sequestered once they get the case. The judge doesn't want to run the risk deliberations spilling into Super Bowl Sunday or having the jury rush to judgment.
