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State v. Polston8/19/2004
shbacks, and she did not finish it. She said that the Defendant also ordered a beer at Flashbacks, and she believed that he did not finish it. She testified that the Defendant's hands rose as a defensive reflex to the impending head-butt by the victim. Alicia Polston stated that she did not see the victim lying on the floor. She said that her husband had a "large knot on his forehead the next day," but they did not report the injury to a doctor or law enforcement officials. On redirect examination, she testified that the Defendant had consumed one beer at dinner in addition to the one that he ordered at Flashbacks. She said that she and the Defendant were leaving the state the next day because the Defendant's job had transferred him to Denver, Colorado.
The Defendant testified that he went to dinner with Alicia Polston and Lyles between 7:30 and 8:00 p.m., and then they went to Flashbacks approximately two hours later. He said that he did not see the altercation between Lyles and Kraus, but, after it happened, the victim approached the Defendant and said, "You better keep your girlfriend away from me." He explained that the victim headed-butted him on the dance floor. The Defendant stated that, when the victim head-butted and pushed him, he responded with a "simple reaction" that "grazed" the victim. He testified that he believed he was acting in self defense when he struck the victim. The Defendant recounted that he did not see the victim fall. The Defendant stated that he had never been in trouble with the law prior to this incident, and he currently held a job. He said that, upon learning of the charges against him, he returned to the state and turned himself in without a lawyer.
On cross-examination, the Defendant conceded that he did not contact security or law enforcement officers after the incident. The Defendant explained that he was scared of the large man and left quickly. He conceded that he left the building without making sure that Alicia Polston and Lyles were safe. The Defendant stated that, in the car, he expressed surprise over the victim's head-butt. The Defendant said that he learned of his arrest warrant through a letter received by his mother-in-law. The Defendant testified that he contacted Detective Wright about the letter's meaning. The Defendant said that he did not inform the officer that he had been acting in self defense. On redirect examination, the Defendant stated that the victim struck at him first.
Detective Wright again testified and said that he sent the Defendant a letter that identified the Defendant as a suspect in a crime. Detective Wright stated that a man identifying himself as the Defendant called October 6, 2002. Over the Defendant's objection, the detective testified that the Defendant denied being at Flashbacks for the past two years. The detective testified that the Defendant said, "Hey me? Me, be involved in a crime? No, you got the wrong man. Not me, you know, I haven't even been to Flashbacks in two years." The detective said that his testimony concerning these statements of the Defendant was based on his independent recollection of the conversation. Detective Wright stated that he told the Defendant to contact a lawyer.
On cross-examination, the detective stated that he probably has ten active cases at any given time. He stated that, during the conversation with the Defendant, he typed his notes of the telephone conversation into the computer. The detective said that he only typed an understanding of what the Defendant said, and he used it as a summary for his recollection. Detective Wright estimated that he had worked with approximately one hundred cases since the conversation with the Defendant. The detective stated that
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