State Rests Case in Trial of White Men Accused of Assaulting 15 yr old Black boy in Baltimore

From [HERE] and (WJZ)— The trial resumes for brothers accused of beating an African American teenager.  On Tuesday, several witnesses took the stand. The brothers, 24-year-old Eliyahu Werdesheim and 21-year-old Avi Werdesheim, are accused of beating 16-year-old Corey Ausby in 2010. He was 15 years old at the time.

The Werdesheims' attorneys will begin presenting the brothers' defense Wednesday morning. They have claimed that the brothers were acting in self-defense, that the teen was armed with a nail-studded board and attacked first. The brothers are each charged with second-degree assault, false imprisonment and carrying a deadly weapon with the intent to injure.

According to police records, Eliyahu, 24, was a member of Shomrim, an Orthodox Jewish citizens' watch group, on Nov. 19, 2010, when he and his brother allegedly confronted Ausby. Ausby was told that he didn't belong in the neighborhood, thrown to the ground and hit with a hand-held radio that Shomrim issued to Eliyahu, according to the state.

Though Ausby is black and the Werdesheims are white, none of the attorneys in the case argued during their opening statements last week that the alleged crime was racially motivated.

Attorney Susan Green, who is representing the younger defendant, 22-year-old Avi, would not say at the end of Tuesday's proceedings whether the defense would call witnesses. The defense already called one witness last week, between prosecution witnesses.

Wiggins' final two witnesses were Shomrim's president, Danny Harris, and Detective Alexi A. Correa, a 12-year-veteran of the Baltimore Police Department and the lead investigator.

Harris testified that Eliyahu Werdesheim said over the radio during the incident that he felt "pinned" by Ausby, though it wasn't clear from Harris' statements whether Eliyahu was still inside that patrol car at that time. Harris said he thought Eliyahu was acting in self defense.

Correa testified that Ausby did not pick Avi Werdesheim out of a photo spread. He also said he chose not to have a confiscated radio tested for DNA evidence, to determine if it was used in an attack on Ausby.

White told attorneys and witnesses that she expects the bench trial to conclude this week.

The trial was delayed briefly Tuesday morning when Baltimore Sun reporter Tricia Bishop passed out in the courtroom.

Avi Werdesheim, who last year worked for a private medic unit, checked her vital signs before emergency workers responded. She was treated and released from a hospital.

The six-day trial has already included several dramatic moments. Tuesday morning, a woman watching the proceedings fainted and fell to the ground. Avi, a trained EMT, rushed to her side until help came.

And just last week, Ausby got out of his chair while he was on the witness stand, and in an emotional outburst said “I don’t want to testify. I want all the charges to be dropped.”

“If the victim of a crime does not want this thing to go forward, most typically the prosecutors drop it,” said Byron Warnken, legal analyst. But prosecutors barreled forward anyway, relying on other testimony.

One key witness, a retired Navy SEAL, testified that he saw the brothers follow the teen in their car. He says they told Ausby “you don’t belong around here.” He also said Ausby looked petrified. That story corroborates with what Ausby told police during the investigation.

But the defense and one of its key witnesses say the teen struck first and that the brothers acted in self defense.

Many community activists who believe the violence was racially motivated are closely watching the case.

“The public should still know that righteousness will prevail in this case,” one activist said.

The defense will begin calling witnesses Wednesday. We expect to hear from at least one of the brothers. And then the judge will make a ruling, as there is no jury for this case.

The Werdesheims face multiple charges, including assault and false imprisonment.