Case against Jason Gibson continues despite contradictory evidence, allegations that shoot-out took place at cop drug house
By Diane Bukowski
DETROIT – Wayne County Circuit Court Judge Cynthia Gray Hathaway ruled Nov. 12 that police witnesses and evidence from two previous cases against Jason Alexander Gibson can be presented in his trial for the alleged murder of Detroit police officer Brian Huff . The trial is scheduled for Feb. 28, 2011.
Gibson faces 18 felony counts related to Huff’s death and the wounding of three other cops during a shoot-out May 3 at 20263 Schoenherr, just south of E. Eight Mile.
A neighborhood resident and a high-ranking former law enforcement official, who requested not to be identified for their protection, have alleged it was generally known that the duplex was a drug house run by Detroit police.
Despite this outstanding issue, Wayne County Prosecutor Kym Worthy and Assistant Prosecutor Thomas Trczinski are proceeding full speed ahead with the case against Gibson. They allege that he alone killed Huff, wounded three other officers, and somehow survived a shoot-out with numerous cops, sustaining only a gunshot wound to the leg.
Hathaway said evidence from Gibson’s previous cases is “relevant” to the current charges.
“It shows a lack of fear on the part of the defendant to interact with police officers in a confronting type of way,” Hathaway said. “I will permit the evidence to be introduced. It shows a lack of mistake on the part of the defendant in knowing who he’s dealing with, his familiarity with police officers.”
Hathaway thus upheld a highly controversial legal maneuver used by Trczinski, involving Michigan Rules of Evidence (MRE) 404b motions. She said she will issue special jury instructions at Gibson’s trial regarding the earlier cases to avoid prejudicing the jury.
Gibson’s defense attorney Susan Reed objected that the cases were not relevant because they show Gibson does not attack police when approached by them, but instead flees.
Gibson has not even been tried on charges in the most recent case, involving three counts of weapons possession in November, 2009. That case is currently before Hathaway.
Gibson earlier pled guilty to “attempted disarming of a peace officer” and “attempted possession of a controlled substance less than 25 grams,” related to a November, 2007 arrest. Wayne County Circuit Court Judge David Groner sentenced him to a term of three years probation in that case.
A media frenzy erupted when Gibson was charged with Huff’s death. It was directed both at Hathaway, who initially released him on a $20,000 bond in the 2009 case, according to computer court records, and at Groner for sentencing him to probation in 2007.
Michigan Rule of Evidence 404b says, “Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, scheme, plan, or system in doing an act, knowledge, identity, or absence of mistake or accident when the same is material, whether such other crimes, wrongs, or acts are contemporaneous with, or prior or subsequent to the conduct at issue in the case.”
Federal Rule of Evidence 404b uses identical language.
Trczinski contended that Gibson’s previous cases showed intent, motive, “the actus reus of resisting and obstructing,” and his “identity as a shooter.” He cited a legal precedent from a case in which a defendant was acquitted to justify using evidence from Gibson’s 2009 case, which has not yet been adjudicated. Continue reading