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State v. Polston8/19/2004
m the Defendant, and the Defendant never visited the police station.
The victim again testified and said that the Navy tests its sonar personnel to determine if they can withstand one-and-one-half atmospheres of pressure. The victim stated that he had a headache after his 1986 test, so he went back into the chamber for another four hours. The medical personnel suspected that he had "bends," which is a cerebral gas embolism resulting from the bubbling of nitrogen in the blood. The victim said that the medical personnel neutralized the embolism, and his subsequent physicals and annual audiograms read normally. On cross-examination, the victim stated that this was his only experience with the gas-pressure chamber.
The Defendant called Amanda Lyles, who testified that she was with the Defendant and his wife on the evening of September 6, 2002. She said that the trio had dinner at Stonewall's restaurant, where she consumed two beers, before proceeding to Flashbacks. Lyles stated that they remained at Flashbacks for approximately one hour. She recounted that she was on the dance floor with the Defendant's wife, Alicia Polston, when she noticed one man "very, very tall in stature," and the victim. Lyles stated that, later, while she was on the dance floor with the Defendant, the tall man bumped into her twice. She said that, after the third collision, he "had a very mean look on his face," and he started yelling at her. Lyles testified that she then wanted to leave the dance floor, and she noticed that the victim approached the Defendant. She said that the victim's hands were going into the Defendant's chest. She said that she then walked over to Alicia Polston, and both left the facility.
On cross-examination, Lyles conceded that she did not see the Defendant hit the victim. She acknowledged that the dance floor was crowded. Lyles said that the Defendant exited Flashbacks before she and Alicia Polston did. She stated that they left because of concerns that the military men would come after them. She said that she was scared when the victim walked up to the Defendant and moved his lips with an angry facial expression. She stated that she did not see the victim lying on the floor. Lyles testified that she did not see any visible injuries on the Defendant, and, emotionally, he seemed "in shock and surprise." She stated that the Defendant entered the car first. She said that, once they were in the car after leaving Flashbacks, she believed that the Defendant had hit the victim.
Alicia Polston testified that she, Lyles, and the Defendant went to Stonewall's restaurant, where she consumed a beer. She stated that the trio then went to Flashbacks, where they noticed several other people on the dance floor including the victim and a man approximately 6'5" tall. She said that both were acting "kind of goofy and horse-playing on the dance floor." She stated that she had not seen the tall man since the incident. Alicia Polston testified that she sat down at a table while Lyles and the Defendant danced. She said that the tall man bumped into Lyles several times before the man turned and said something to Lyles. Alicia Polston stated that the victim then approached the Defendant and yelled at him very close to his face. She said that, at the same moment when the victim attempted to head-butt the Defendant, the Defendant raised his hands, but she did not see any contact between the Defendant's hands and the victim's head. She stated that she, the Defendant, and Lyles were scared and left soon after the incident on the dance floor.
On cross-examination, Alicia Polston said that she loved her husband and did not want him to go to jail. She stated that she had a second beer at Fla
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