Prosecution’s argument comes to a close, defense calls witnesses to testify

Published 8:15 pm Thursday, February 14, 2019

 

ST. JOSEPH — A forensic pathologist who examined the five gunshot wounds that mortally injured Carla Jean Lewis testified Thursday during the seventh day of the jury trial for her accused murderer, her husband, John Benton Lewis.

John has been charged with first-degree premeditated murder, after Carla was fatally shot Aug. 13, 2017, at their home 1429 Lawndale Ave. in Niles Township. He has also been charged with manufacturing a controlled substance.

John has alleged to police that two unidentified suspects entered his home and fired shots at him and Carla while they were in his basement grow room moving marijuana plants. He then said the men, which he described as large, robbed them and fled in Carla’s Mazda.

Joseph Prahlow, who is both a forensic pathologist and professor at Western Michigan University, said Carla’s cause of death was multiple gunshot wounds. The jury started the morning off by viewing photos of Carla’s body and the entry and exit injuries of each bullet. Based on his analysis, Prahlow said it is likely that Carla was facing her assailant when they began to fire at her. A bullet pierced her head and both her lungs, which were among the injuries shown.

Prahlow also testified that the toxicology report showed there was no THC, the main active ingredient in marijuana, found in Carla’s body.

Prahlow was Assistant Prosecuting Attorney Jerry Vigansky’s final witness. Following Prahlow’s testimony, Vigansky said that the people rested their case.

Assistant Public Defender Ryan Seale argued that the prosecution had not shown enough evidence to indicate that John was responsible for Carla’s death. Seale motioned for presiding Judge Gordon Hosbein to issue a directed verdict.

“It has become clear throughout the trial that his case is contingent upon Mr. Lewis working in tandem with at least one other individual if not multiple individuals,” Seale said. “Based on that forensic evidence [that indicated John’s fingerprints were not in the car], there is no way as we heard that Mr. Lewis could have both shot his wife and drove the vehicle away. Based on objective forensic evidence it is not possible.”

Hosbein denied the motion and said the prosecution had sufficiently proven its case.

Following Hosbein’s denial to the motion, Assistant Public Defender Jolene Weiner-Vatter called the defense’s first witness to the stand, Constance Taylor.

Taylor worked as an office manager for John at his Sevenleaves Compassion Club, a business which sold smoking paraphernalia and served as a place where medical marijuana holders could smoke and do activities.

Taylor said she had talked to Carla many times and claimed to have smoked with her.

When asked by Weiner-Vatter, Taylor said she had not observed any conflict between Carla and John and claimed that she saw them being affectionate.

“They were very loving and affectionate, hands on the smalls of each other’s backs,” Taylor said.

 

Days before Carla was shot, Taylor described how John had been suffering from a hernia and seemed to be in great pain.

Vigansky questioned whether Taylor was aware that John had been engaging in sexual activity with other women around the time of the injury.

“That’s none of my business,” Taylor said. “No. I do not. Why would I know that?”

Two men who had been incarcerated with John also testified. Last week Herbert McGraw, also an inmate, testified that he heard John confess details about the crime scene, including that he had set it up to look like a robbery and that he threatened April King.

Raymond Greathouse and Derrell Porter, who said they were both in the room with John, had not heard him say anything incriminating.

Kim Fowler, an investigator with the Berrien County Public Defender’s office, also took to the stand.

Last week, testimony indicated that multiple searches for a Kahr Arms weapon had been searched on a computer obtained from John and Carla’s home. Fowler testified that purchasing a weapon legally would have likely taken about seven months to complete.

Vigansky called into question whether that process could be bypassed if someone purchased a gun illegally. Fowler said that could be true.

Also testifying Thursday was Detective Sgt. Cory Peek, who read several text message extractions; Jennifer Smith, who attended several bike nights at John’s Sevenleaves Compassion Club, and Jennifer Breden, a friend and co-worker of Carla’s.

The defense will not be calling some of its initially planned witnesses to the stand. Due to this, both sides could potentially present closing arguments Friday.