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Slager trial Day 7: Defense continues attempts to discredit state investigation

Grace Beahm/Post and Courier via Pool

The seventh day of testimony in the trial of former North Charleston Police Officer Michael Slager resumes. Slager is charged in state court with murder for the shooting death of 50-year-old Walter Scott. The April 2015 incident was captured on cell phone video by a bystander and widely shared.

The prosecution called investigator Levi Miles, he works for David Aylor. Aylor was Slager’s original attorney, but stopped representing him shortly after learning of the cell phone video. Aylor was representing Slager when he spoke to South Carolina Law Enforcement Division agents a few days after the shooting. They met for an interview at Aylor’s office in North Charleston where Slager recounted the details of the shooting to SLED agents Angela Peterson and Charles Ghent.

That interview was not recorded but Ghent and Peterson took several pages of notes. Miles was also present at that meeting. He demonstrated at the direction of Slager the struggle the officer had with Scott prior to the shooting.  Miles was acting as Scott.

Miles testified Monday morning about the re-enactment he participated in, of April 2015 incident. He said Slager had placed Miles, playing Scott in the re-enactment, facing Slager when the officer started shooting.

Chad Simpson with the Solicitor’s office asked, “Did the video comport with the events you were asked to act out earlier?”

Miles responded, “No sir that part seemed to be a lot different.” 

At issue is whether Scott took Slager’s Taser and was pointing it at him as the officer started shooting. Slager has said that in interviews, but the prosecution contends cell phone video contradicts that. It shows Scott running as Slager fires eight times.  If convicted of murder, Slager faces a prison sentence of 30 years to life.

During cross examination Defense Attorney Andy Savage questioned Miles about his memory of the details of the video and re-enactment.

“Do you remember seeing anybody in a green shirt?” Savage asked, referring to Scott’s clothing.

Miles responded, “I don’t remember that part.”

An employee with the Federal Bureau of Investigation enhanced portions of Feidin Santanan's shaky and cell phone footage of the incident. Enhanced slow motion sections of the video and still images captured from it were shown to the jury. Focus on Scott’s hand seems to show an object, but it is hard to make out what it is. Judy Scott, Walter’s mother, has testified she was on the phone with him during the shooting.

The defense spent more than an hour grilling SLED case agent Angela Peterson. She worked at Mt. Pleasant Police Department for years prior to joining SLED. 

Peterson couldn’t answer questions from defense attorney Savage, who from SLED collected what evidence from the crime scene despite being the agent in charge of the case. After state law enforcement officials searched the site, investigators hired by the defense found remaining bullet casings using a metal detector.

Peterson had trouble identifying when tests on pieces of evidence were performed.  She couldn’t answer several questions from Savage about the distance Slager chased Scott, and how long the struggle between the two men lasted.

Savage said, “These are all critical matters in terms of what was in the mind of Slager at the time he used lethal force.”

Peterson said, “I don’t know what was in his mind at the time. Only he can explain that.”