Removing his jacket, defense attorney Dan Sammons approached the witness stand and grabbed the trash can in Superior Court on Monday.
“Don’t hit my head into the trash can, but at least gently show us how it was,” Sammons said to witness Charley Pestos.
Sammons represented David William Keener, 50, in the trial beginning Monday involving the death of Randall Huling. Keener is charged with felony murder for an alleged assault on Aug. 14.
Assistant District Attorney Juliet Aldridge detailed how the evidence would show how Keener “beat Mr. Huling’s head into a guardrail” in her opening statements.
“He never comes back to consciousness,” Aldridge said, as Huling was taken off life support and died Sept. 3.
Aldridge brought two witnesses who said they saw Huling around the time of the assault to begin the state’s presentation of evidence.
“He hold the hair ... on the back and hit him,” Pestos said.
When returning from a break, Keener expressed his concerns to Superior Court Judge Andrew Fuller on the record regarding his defense table of Sammons and co-counsel Tom Csider.
“It’s not interactive at all,” Keener said, claiming his concerns regarding jury selection and other aspects of the trial went unheard.
Keener had the first of three trials last week, where a separate aggravated assault and aggravated battery was considered. The jury found Keener guilty on two counts of aggravated battery but acquitted the man of aggravated assault.