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From 24 May 2000 www.austin360.com
"Defense pushes theory at trial"
By Leah Quin
American-Statesman Staff
Wednesday, May 24, 2000
As the state began its murder case Tuesday against Paul Anders Saustrup, the defendant's lawyer laid the groundwork for a self-defense theory -- referring to statements that were heard only by his client.
Saustrup, on trial for shooting Eric Demart Smith in 1998, is expected to testify later in the trial. His girlfriend, Sasha Sessums, testified for most of the day Tuesday about the estimated three minutes that started with an attempted car burglary and ended with a shooting death.
Though she backed up Saustrup's assertion that Smith seemed about to turn on him, Sessums also said she could hear only a "low mumble" from Smith throughout the confrontation.
From the beginning, Saustrup has said he shot Smith in self-defense after the would-be burglar turned on him.
But prosecutor Doug O'Connell, in his opening statement, explained to jurors why the state believes Saustrup committed murder.
After finding Smith in Sessums' car just before 2 a.m. on July 8, Saustrup aimed a gun at him and followed him for 855 feet -- or "three football fields" -- before shooting him twice in the back in a dim alley across from the Austin Convention Center, O'Connell said.
"Eric Smith never had a weapon," the prosecutor said. "Eric Smith repeatedly tried to get away. If Eric Smith wanted to attack the defendant, he had plenty of opportunity before then."
O'Connell then questioned Sessums, who called police on Saustrup's cell phone after finding Smith in her Chevrolet Suburban, its passenger window broken out where it was parked on Fourth Street and San Jacinto Boulevard. She and Saustrup were returning to the car from the Black Cat Lounge, which Sessums owns and manages.
Both she and Saustrup are licensed to carry concealed guns. Saustrup's lawyer, Joe Turner, said they obtained the guns for protection against Sixth Street's increasingly dangerous environment and because both own small businesses.
Sessums said she recognized Smith as a patron that night whom she had asked to leave because he didn't have identification or money for admission.
After Saustrup aimed his pistol at Smith and told him to keep his hands visible, he and Smith tussled briefly, and Smith's shirt came off.
In his opening statement, Turner said Smith pointed at his gang tattoos at that point and said, "You see this, (expletive)? This means you're dead." He then told Saustrup that he knew where he and Sessums lived, Turner said.
Sessums, however, said she could never understand what Smith was saying, even as he began walking and sometimes running away, pursued by Saustrup and Sessums as she relayed their location to a 911 operator.
As Sessums turned the corner into an alley, Smith made a sidestep while turning his head the other way and lowering his hands to his waist, she testified.
On the 911 tape that O'Connell played in court, Sessums said, gasping, "That guy turned around to attack him."
Prosecutor Buddy Meyer also questioned a witness who saw the three walking quickly down Trinity Boulevard.
"The black male looked scared," said Michael Hamilton, a roofer who at the time lived in an alley nearby. "He wanted to run."
At the end of the first day of testimony, Turner cross-examined the first police officer at the scene, who said Saustrup laid down the gun immediately, obeyed all instructions and told him that Smith had turned to attack him.
"Sounds like self-defense, doesn't it?" Turner said, prompting Meyer to object forcefully because self-defense is an issue the lawyers have agreed to confer on before such a question is asked. Turner withdrew the question.
Testimony is expected to last throughout the week in State District Judge Bob Perkins' court.
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You may contact Leah Quin at lquin@statesman.com or 445-3621.
"Defense pushes theory at trial"
By Leah Quin
American-Statesman Staff
Wednesday, May 24, 2000
As the state began its murder case Tuesday against Paul Anders Saustrup, the defendant's lawyer laid the groundwork for a self-defense theory -- referring to statements that were heard only by his client.
Saustrup, on trial for shooting Eric Demart Smith in 1998, is expected to testify later in the trial. His girlfriend, Sasha Sessums, testified for most of the day Tuesday about the estimated three minutes that started with an attempted car burglary and ended with a shooting death.
Though she backed up Saustrup's assertion that Smith seemed about to turn on him, Sessums also said she could hear only a "low mumble" from Smith throughout the confrontation.
From the beginning, Saustrup has said he shot Smith in self-defense after the would-be burglar turned on him.
But prosecutor Doug O'Connell, in his opening statement, explained to jurors why the state believes Saustrup committed murder.
After finding Smith in Sessums' car just before 2 a.m. on July 8, Saustrup aimed a gun at him and followed him for 855 feet -- or "three football fields" -- before shooting him twice in the back in a dim alley across from the Austin Convention Center, O'Connell said.
"Eric Smith never had a weapon," the prosecutor said. "Eric Smith repeatedly tried to get away. If Eric Smith wanted to attack the defendant, he had plenty of opportunity before then."
O'Connell then questioned Sessums, who called police on Saustrup's cell phone after finding Smith in her Chevrolet Suburban, its passenger window broken out where it was parked on Fourth Street and San Jacinto Boulevard. She and Saustrup were returning to the car from the Black Cat Lounge, which Sessums owns and manages.
Both she and Saustrup are licensed to carry concealed guns. Saustrup's lawyer, Joe Turner, said they obtained the guns for protection against Sixth Street's increasingly dangerous environment and because both own small businesses.
Sessums said she recognized Smith as a patron that night whom she had asked to leave because he didn't have identification or money for admission.
After Saustrup aimed his pistol at Smith and told him to keep his hands visible, he and Smith tussled briefly, and Smith's shirt came off.
In his opening statement, Turner said Smith pointed at his gang tattoos at that point and said, "You see this, (expletive)? This means you're dead." He then told Saustrup that he knew where he and Sessums lived, Turner said.
Sessums, however, said she could never understand what Smith was saying, even as he began walking and sometimes running away, pursued by Saustrup and Sessums as she relayed their location to a 911 operator.
As Sessums turned the corner into an alley, Smith made a sidestep while turning his head the other way and lowering his hands to his waist, she testified.
On the 911 tape that O'Connell played in court, Sessums said, gasping, "That guy turned around to attack him."
Prosecutor Buddy Meyer also questioned a witness who saw the three walking quickly down Trinity Boulevard.
"The black male looked scared," said Michael Hamilton, a roofer who at the time lived in an alley nearby. "He wanted to run."
At the end of the first day of testimony, Turner cross-examined the first police officer at the scene, who said Saustrup laid down the gun immediately, obeyed all instructions and told him that Smith had turned to attack him.
"Sounds like self-defense, doesn't it?" Turner said, prompting Meyer to object forcefully because self-defense is an issue the lawyers have agreed to confer on before such a question is asked. Turner withdrew the question.
Testimony is expected to last throughout the week in State District Judge Bob Perkins' court.
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You may contact Leah Quin at lquin@statesman.com or 445-3621.