By Michaela Watts and Ashley Babbitt
news@evesun.com
NORWICH – The jury trial of a man facing trespass and resisting arrest charges continues in Norwich City Court Friday.
As the People v. Kevin Carr trial by Jury began Thursday, Dec. 15, Assisant District Attorney Laura Parker with the assistance of District Attorney Joseph A. McBride represented the People, while defense attorney Ronald Benjamin represented Kevin Carr.
Carr was charged with trespass and resisting arrest following an incident that occurred on August 3 of this year.
Opening statements from the prosecution begin with ADA Parker welcoming the selected jury men and women. Parker instructed that this matter is, “Simple and a straight forward case, and that Mr. Carr is guilty of the alleged accusations that occurred on August 3, at the Guernsey Library in the City of Norwich. The defendant was seen lying on a park bench in front of the library, and appeared to by intoxicated. After a complaint had been made to staff of the library, Susan Morehead and Laura Mandell addressed the known homeless man, who was passed out on the library public bench. When staff asked him to leave, Mr. Carr refused and was further instructed that the police would be called. Officer Clarke was the first to arrive at the scene. Officer Clarke gets out of his patrol car and makes his way to the defendant, instructing him that 'he was being put under arrest for trespassing, please get up'. Mr. Carr then responds with, 'You can't arrest me.'"
Parker continued by explaining to the jury 0that Clarke gave Carr verbal commands four times and then told him if he didn't get up he would be pepper sprayed. She said that Clarke needed to gain control of the situation. Carr was pepper sprayed, and Parker said that Carr's left wrist was handcuffed and then Carke took the defendant by the left arm and "took him to the ground." As soon as he saw the cut, she said Clarke called EMS.
She said that Carr's blood alcohol content was four times the legal limit.
Parker told the jury that he did commit the offense of trespass and that the resisted verbal commands four times, and actively resisted with physical.
Benjamin said to the jury, "Most of which you heard is accurate but not all true. Apply common sense." He said it was not an authorized arrest.
"He (officer Clarke) said stand up, turn around, picked him up like a rag doll and threw him to the ground. When he (Carr) was sitting on the bench he was in a public place. He went to this bench every day and didn't bother anyone. He did not drink at that time on that property. He does not remember the aftermath."
Defense continued by telling the jury that the defendant's sister would testify what she observed. "How quick it happened, heard his head hit the sidewalk." He said she would further testify that contrary to the People's position, Carr was not put into cuffs while on the bench, but that the cuffs were placed on him after already on the ground."
Benjamin asked the jury to find Carr not guilty on both counts.
The first witness, Susan Morehead, said that a patron complained about a homeless man with an alcohol bottle on the bench. She said he was laying down and was told he needed to collect his belongings but that the first time he did not move.
"I can't say he smelled like alcohol," said Morehead. "It took him a bit to speak. I went back inside and called the police." She said she is not sure if there is a policy against alcohol on the property, but that the property is affiliated with the school. She did not see what happened between Carr and Clarke.
During cross examination, Morehead said that Carr sat on the bench all day every day, but this was the first time police were called. She said no one saw him drinking, but a person complained. She could not recall if his speech was slurred.
