Day 2 of Commonwealth of Pennsylvania vs. Thomas Barrett commenced shortly after 10:00 this morning. Trooper John Holbert of PSP/Embreeville was the 2nd and final Commonwealth witness called to the stand. For the most part, Tpr. Holbert reiterated the previous day's testimony of his partner for the evening, Tpr. Jerry Cessna. The troopers had left the barracks shortly after 22:30 and were en route to their assigned post on the US 202 corridor. They had cleared a previous traffic stop on Strasburg Road in East Bradford prior to pulling over Barrett's vehicle at Downingtown Pike and Ashbridge Street, also in the township.
Tpr. Holbert did add, however, that while he had no recollection that the defendant had presented proof of his license restoration, PennDOT records had indicated that his license was suspended period of 1 year effective April 24, 2006 - 6 days prior to the date of the traffic stop. This was less than a month after his license had been restored following a failure to respond to an unrelated traffic offense.
Under cross examination, defense counsel again attempted to poke holes in the Commonwealth's case, showing Tpr. Holbert the same photos shown to Tpr. Cessna the previous day and also raising questions about where the trooper's car was in relation to the defendant's car at the time the stop was initiated. It appeared that the defense was attempting to lay a foundation down for Barrett's potential testimony. Tpr. Holbert was asked about the "arrow-stick" light bar being activated while they were travelling eastbound on Hannum Avenue towards their assigned patrol post.
Tpr. Holbert had also stated that neither he, nor Tpr. Cessna had accused Barrett of being a "drug dealer" during the time that the defendant was being questioned. The trooper had also testified that, in his opinion, the verbal statements made by Barrett at the time of the arrest and the written statement given while at the Embreeville barracks were inconsistent at the time.
Under re-direct, Tpr. Holbert testified that, in pictures that were taken by the defense at the Harrisburg impound lot, in his recollection, the defendant was sitting further back during the traffic stop compared to when the photos were taken by the defense.
After a brief re-cross, the Commonwealth rested it's case. The defendant is scheduled to testify during the afternoon session, which is scheduled to start at approximately 13:30. Jury deliberations could begin as early as today, depending on the time when closing arguments are given.
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