Crime & Safety
LIVE Update: Day Four of Riley Bryan Murder Retrial
State's Attorneys and Defense Attorney's will present closing arguments to the jury today in the Riley Bryan first-degree murder retrial in Pinellas County.
6:46 PM: The jury has reached a verdict. We are waiting for the results.
6:40 PM: The judge has left the courtroom. Attorneys and Mr. Riley Bryan continue to wait for a verdict.
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6:33 PM: Court is back in session. A bailiff was informed that a juror needed a new verdict form. The bailiff will take back the new copy to the discussion room.
6:00 PM: No word yet. Jury is still deliberating.
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4:54 PM: Jury is seated in the courtroom. Judge Federico reads his answer to the jury, which is, "You must rely on the definitions in the jury instructions. I cannot give you any further definitions."
4:49 PM: Attorneys and the defendant are called back into the courtroom. The jury has a question. The judge reads it out loud, "What does it mean when the defendant has a depraved mind in second-degree murder?"
4:40 PM: The jury is brought in and the judge explains his response. The jury is dismissed to deliberate.
4:30 PM: The jury has a question. Court is in session to answer the question. The jury's note asks for a dictionary. Judge Federico says they cannot send a dictionary back to the discussion room. Judge Federico answered in a note, "I can't give you a dictionary, but if you need clarification on some point in the jury instructions, you can write it down and I'll discuss it with the lawyers and try and answer your question."
4:15 PM: Jury is still deliberating.
1:45 PM: The jury is retired to deliberate.
1:20 PM: Judge Philip Federico reads the charges to the jury and explains each definition.
1:15 PM: Tobiassen asks the jury to find the defendant guilty for first-degree murder. The jury receives written instructions. Tobiassen tells the jury that the difference between first-degree murder and second-degree murder is the intent to kill.
1:05 PM: Tobiassen "The inconsistencies are interesting . . the defendant's statements . . . he says he's hit in the chest with the chair and there's photos . . . we got a photo of the defendant and . . . there's no evidence of a large bruise on his chest that would be consistent with that." The defendant's own statements are inconsistent . . . why is that?"
1:00 PM: Tobiassen says when Donald Price had his friend Daniel Marion over, it made him angry. Bryan didn't like Marion. Earlier in the trial, Marion testified that Bryan "wasn't fond of me". After Daniel Marion got on his bike and peddled away that night, Donald Price walked towards the front door. That's when Tobiassen says Bryan shot out the front door. He said if anyone was in self defense that night, it was Donald Price. Daniel Marion said he heard three gunshots as he rode it bike down the street away from the home. He did not go back.
12:50 PM: Tobiassen talks about that night, "He's angry, it appears to be a multitude of reasons . . . upset about artwork . . then Donald Price is disrespecting him by inviting someone there he doesn't like."
12:45 PM: State Attorney David Tobiassen is beginning his rebuttal. "there's one thing the evidence definitely supports in this case. . . . he's a man of his word. . . minutes before the shooting, he threatened to put a gun to his face . . . now he's deceased." Earlier in the case, the state said that minutes before the shooting that night, Bryan and his friend Richard Cowdery talked about missing artwork, artwork that Bryan believed Donald Price had or knew the whereabouts of. The state said that Bryan told his friend that he would put a gun to Donald Price's head and ask where the artwork is.
12:40 PM: Finkelstein said, "Prosecutors don’t have to prove a motive, but they have to prove intent, consious decision, time for reflection. They say, after he killed Don, he had time to . . . plan a defense.”
12:35 PM: Finkelstein continues closing arguments. She says Bryan had the right to use his gun. "Self defense is not an excuse, it's a legal defense. . . it was the only option for Mr. Bryan on November 7, 2009." That night, Bryan said the "crackhead" was coming at him. Finkelstein said according to the experts and reports, Donald Price, did have cocaine in his blood at the time of his death. According to experts, he would have used the drug anytime between right before the shooting to three days prior.
12:30 PM: Court is back in session.
12:20 PM: Court breaks for 10 minutes
11:30 PM: Defense Attorney Jenna Finkelstein begins closing arguments. She says Riley Bryan was defending himself. He was backed into a corner against the wall. Bryan claims that Donald Price attacked him with a chair, a recliner.
11:00 PM: State Attorney Della Connolly begins closing arguments. Connolly said, "This defendant is a guilty man. He’s been proven guilty of first-degree premeditated murder.” She said Bryan did not do anything do de-escalate the situation that night. Saying he "shot him, not in self defense but in cold blood." Connolly says the crime is consistent with all of the evidence.
, 69, is accused of first-degree murder in the shooting death of Donald Price, 52, at his home in Gulfport on November 7, 2009.
The case went to trial this spring, but the jury could not reach a verdict. The murder retrial began on Tuesday, May 24, 2001, at the Pinellas Criminal Justice Center, 14250 49th St. N, Clearwater, FL.
State's Attorneys and Defense Attorneys will begin closing arguments at 11:00 a.m. today, Friday, May 27, 2011.
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