Defense Says Crime Scene Botched at Wafer Trial

Thandisizwe Chimurenga

23 Jul 2014

Photographs, Evidence Collection Occurred days after Crime

Thandisizwe Chimurenga

Afternoon testimony in the trial of Ted Wafer for the death of Renisha McBride on July 24th revealed less than stellar evidence collection techniques, suggesting the Dearborn Heights Police Department may have botched the case.

The prosecution called to the stand some of the officers who first responded within minutes to Wafer's home on Outer Drive, as well as a crime scene investigator, to paint a picture of what occurred in the moments, hours and days after the 55-year old airport maintenance worker shot the 19-year old McBride in the face with a shotgun.

Officer Tim Zawacki, a Dearborn Heights Police Officer for 19 years, testified he also “does basic evidence tech work” and was the first officer directed to take photos of the scene on Nov. 2, 2013. He remained on the scene once the medical examiners office arrived.

Zawacki was handed a stack of photos which he authenticated as his: the three doors leading into Wafer's house; rooms throughout the house; Wafer's Mossburg 12-gauge shotgun as well as 12-gauge buckshot ammunition; and a photo of Renisha McBride on Wafer's porch inches away from the front door, suggesting that McBride's body was later moved off the porch onto the walkway below and laid on the grass.

Several members of McBride's family, including her mother Monica, left the courtroom while the photo was displayed in court. McBride's father Walter Simmons, lowered his head.

Zawacki was tasked with the “bagging and tagging” of evidence at the scene including Wafer's shotgun, shotgun shells, gun case and other items, as well as McBride's Michigan Driver's License and $56 in cash that the medical examiner took from her “rear pants pocket.”

The defense began its assault on the Dearborn Heights PD by eliciting that Zawacki had no certification in evidence collection techiniques - “I took an 80-hour class,” he replied – and that Zawacki took no fingerprints or measurements at the scene, nor did he preserve the scene.

Officer Mark Parrinello of the Dearborn Hgts. PD, whose title is crime scene investigator/evidence technician, photographed McBride's clothing the night/morning of Nov. 2, 2013, but did not get to Wafer's house until almost a week later, on Nov. 7 and 8, wherein he photographed the home and dusted the doors for prints. Parrinello says he did not notice any scratches or marks on the front door nor did he take any photographs such markings. Parrinello retrieved the door from Wafer's house on the 11^th of November,

Prior to going to Wafer's house, Parrinello made three different trips to a tow yard to photograph and collect evidence from McBride's white Ford Taurus. According to Parrinello there were possible blood stains on the driver side area and McBride's cell phone was in the front seat area, still plugged into the charger.

Cheryl Carpenter, Wafer's attorney, questioned why Parrinello took direction on what evidence to photograph and to secure from the detective in charge of the case, Sgt. Steve Gurka, since Gurka had no certifications in evidence collection.

“But you're the expert, right?” Carpenter asked, eliciting an objection from the prosecution since Parrinello was not even on the scene of McBride's death.

Carpenter's position that the crime scene may have been contaminated and valuable evidence was lost was presented strongly since neither McBride's body or the immediate area of the front porch had been covered, and Wafer's property was not secured with crime scene tape.

Carpenter then suggested that McBride's clothing had been contaminated due to the presence of maggots while it was stored Dearborn Heights Police Department. Parrinello denied the charge and said the contamination was due to deer meat being stored near McBride's clothing at the Wayne County Medical Examiner’s Office.

According to the Detroit News Mary Mazur, a spokeswoman for the ME's office, said “we do not store deer meat” at the facility and that the “contamination may have been the result of a natural occurrence with flies and could have started at the crime scene.”

Despite this information, one long-time Detroit attorney believes the issue of evidence collection and contamination is meant to be a distraction for the jury.

“The ultimate question is the defendant's state of mind at the time he acted,” said Jeff Edison. A member of the National Conference of Black Lawyers (NCBL), Edison has been practicing law in Detroit since 1976.

According to Edison, the condition of the scene at Wafer's home coupled with Wafer's state of mind may not be as important in this case as it might be in other cases, “particularly when the defense has claimed self-defense, and there is also the defendant's initial statement to investigators that it was an accident,” Edison said.

“The two are inconsistent.”

Wafe is charged with 2^nd degree murder, manslaughter and felony use of a firearm in the death of McBride. Carpenter and her co-counsel, her father Mack, are arguing Wafer was in fear for his life and acted in self-defense.

Audio of Wafer's conversation with officers who responded to the scene has Wafer saying that the gun discharged and that he did not know it was loaded.

If convicted Wafer could face a maximum of life in prison for the 2nd degree murder charge and 15 years for the manslaughter charge.

The trial will resume on Monday morning at 9 a.m.

follow @idabeewells for up-to-the-minute trial coverage.

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