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By Patrick M. Tepoorten
Story filed at 6:15 p.m., Feb. 13, 2008
For Lorri Ann Miller, Craig Fleming's murder trial is about
more than what is happening in the court room. It is about more, even, than
seeing that justice is done. For Miller, who has been in court every day since
the trial started, and who attended every hearing leading up to the trial, it is
about the future.
"I'm here so that when my grandson asks about what happened to
his dad, I can say 'I was there, here's what happened,'" Miller said over the
lunch break Wednesday (Feb. 13), the day testimony in the trial concluded.
Miller is there as an unofficial representative of the Carlson family, but more
importantly she considers herself a bridge to the trial for Martin Carlson's
elderly grandmother and his son Mattias, who is 10 years old and Miller's
grandson.
Attending the trial has been difficult for Miller, but no day
more so than this one. Jurors heard from Dr. Michael B. McGee, medical examiner
for Ramsey and Washington counties. Accompanying McGee's testimony regarding the
injury sustained by Carlson were photographs of the head wound taken at various
stages of autopsy. Using the photographs, McGee was able to establish the
presence of a "hard contact wound," a muzzle imprint that appeared to match that
of the .45 Ruger used in the crime. The imprint also showed that the firearm was
held horizontally at the time of the shooting.
As has been his custom with crime scene analysts, attorney for
the defense Gregory J. Rebeau cross-examined McGee only briefly, but did
establish that Carlson tested positive for alcohol, methamphetamine, and
amphetamine. McGee, like many before him, was also asked if his investigation
revealed any reason why Fleming shot Carlson.
"That I cannot tell you," replied McGee.
With McGee's testimony concluded, prosecutor Fred Fink rested
the state's case. The case of the defense, which commenced in the late morning,
would be finished already by mid-afternoon.
Rebeau called only two witnesses. The first, Denise Fleming,
sister of the accused, testified only briefly and was not allowed by the court
to repeat anything her brother said to her about the shooting when he arrived at
her home shortly after it occurred. Those discussions were ruled hearsay in
response to an objection by Fink.
The final witness for the defense was Lona Linc, 40, the last
remaining eye-witness to the shooting, and girlfriend of Fleming. Linc's memory
was hazy in many areas of her testimony, and through questioning the defense
established early on that Linc suffered a variety of ailments, including anxiety
and dyslexia.
Linc testified the she and Fleming were returning from a trip
to the Twin Cities when they decided to stop at Rocky J's Bar in Chisago City.
Later, she recalled Jason Slattengren's offer to buy Fleming a drink, but
remembers Fleming turning it down, not the bartender's refusal to serve him,
contradicting Slattengren's testimony. Linc also recalled seeing Carlson at the
bar playing pool, and said a conversation between Fleming and Slattengren about
"meeting up" took place in the parking lot.
She recalled Fleming and Carlson joking around in the front
yard at 30495 Park Street, just minutes before the shooting, and that Carlson
invited them in. Moments earlier she witnessed Carlson and Stattengren arrive
and park in the driveway as she and Fleming were parked on Newell Ave.,
preparing to leave after already having spoken with Tory Mogensen.
Her memory of subsequent events from other witnesses in many
areas. Linc testified that it was Carlson who was upset with Fleming, asking,
"Why are you here?," and "Why are parked in front of my friend's house?" She
said Carlson got more and more agitated while Fleming was being quiet. Fleming
then said to Linc, "Let's get out of here," and the two moved to leave, at which
time Linc said everyone got up. She was able to get to the living room door, but
Slattengren put his hand out and stopped Fleming, who then suddenly dodged
toward Marty.
"It went so fast, I was so scared," said Linc, who turned in
the room that morning to see Fleming holding the gun on Carlson. She also said
something "wasn't right" about Carlson while the gun was held on him. He was
doing something with his hands near his stomach, which Linc demonstrated as
hugging himself while leaning forward, and then sat up straight and put his hand
behind his back. "Marty reached for something," she said.
Linc recalled hearing, not seeing, the gun shot; seeing
Carlson and his wound, and then running. She ran because, she said, she wasn't
sure if she was going to be shot. Linc did end up along Hwy. 8, did see Tory
Mogensen "between two buildings," and then hid behind some bushes.
Linc's testimony was sometimes punctuated by moments of
confusion. She had difficulty reading diagrams provided by the state, was
sometimes hazy about the time frame, answered questions not asked, and had to be
told by Lebeau to slow down on a few occasions. Under cross-examination,
Fink focused on inconsistencies between her testimony and previous statements
given to police and in front of a Grand Jury.
For instance, Linc testified that she didn't see Fleming pull
out the gun. But she told investigators and the Grand Jury that she did see it
happen. Linc testified that Fleming didn't seem angry during the argument with
Carlson, but told investigators Fleming was acting angry at that time. Fink was also
able to establish that Linc could not remember the weather that day, the clothes
she was wearing, or what Fleming was wearing.
Fink's attempt to admit the prior testimony into evidence was
met with a "strenuous" objection by Rebeau, who was overruled.
With the defense complete, closing arguments were scheduled
for Thursday (Feb. 14) at 9 a.m.
Soon after, a short court day came to an end, but it was
another long day for Miller. The morning had seen tears as the photos of
Carlson's head wound were shown to the court. Her task after lunch was to be
strong for Carlson's mother, Jennifer Berry, who attended the afternoon session.
It's not easy.
"It's opening it all up again," she said. "It was getting
better but all the anger comes back."
Miller hopes for closure but isn't making any plans. "I hope I
get some, but I don't know. I think it will be a lifelong hill." That hill will
likely involve Mattias, perhaps a few years older, asking what happened to his
dad. Miller is determined she'll be able to say.
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