The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

A SENIOR crime scene investigator yesterday denied a defence attorney's assertions that he "deliberately falsified" evidence that would ultimately be used in the trial of three men accused of the 2013 Fox Hill mass shooting.

Inspector Lavardo Sherman refuted Geoffrey Farquharson's assertions that he assigned identities to three of four unidentified bodies to make it seem like they were the people who were killed in the December 27, 2013 drive-by shooting.

Insp Sherman further denied assertions that he was "well aware" that the crime scene was "extensively interfered with" before his arrival, and that not only was it allegedly "trampled through" by police, other unknown persons had access to the crime scene.

Conversely, Insp Sherman claimed that the scene was likely accessed by officials required to execute "special functions" at the scene, such as Emergency Medical Services personnel and other investigators.

Mr Farquharson further asserted that Insp Sherman's actions were a "larger part of a comprehensive effort" by police to tamper with the evidence in the case to point the evidence "away from the persons who they knew had committed these murders".

The assertions were made during Mr Farquharson's cross-examination during the second week of trial before Justice Deborah Fraser.

Justin Williams, Peter Rolle, and Jermaine Curry are the accused. It is alleged that the trio murdered four people - Claudezino Davis, Shaquille Demeritte, Eric Morrison and Shenique Sands. They are also charged with the attempted murder of Chino Davis, Janet Davis, John Davis, Samuel Ferguson, Jermaine Pratt and Leroy Taylor.

According to initial reports, around 6pm on December 27, 2013 occupants of a small, dark vehicle opened fire "with a variety of weapons" in the area just behind the basketball court where several people were gathered awaiting Junkanoo results.

Davis was pronounced dead at the scene while ten others were taken to hospital in private vehicles and an ambulance. Demeritte, Morrison and Sands later died in hospital of their injuries.

Insp Sherman had testified earlier how he observed what appeared to be the lifeless body of one of the three men killed during the shooting when he arrived at the scene sometime around 6.20pm.

Insp Sherman said the man was lying face up on the ground in a pool of blood, and with various abrasions to his face. He was lying on the outside of the basketball park's perimeter wall near to Reeves Street. He said he had the opportunity to see that same man's body in the morgue days later on January 6, 2014, as well as those of the other two male victims and a female victim, all of whom had noticeable injuries.

According to the evidence, although Insp Sherman didn't assign any post-mortem numbers to the deceased, he placed pieces of paper with post-mortem numbers next to the bodies and subsequently took photographs of the corpses. The pictures of those corpses were ultimately included in an album that also contained photographs of the scene the senior officer found in Fox Hill.

Mr Farquharson said that had the effect of improperly connecting the bodies Insp Sherman photographed at the morgue with the Freedom Park crime scene, which he implied was particularly egregious because Insp Sherman only found one of the four bodies from the morgue at the scene.

Thus, Mr Farquharson asserted, Insp Sherman made the "identification" to "fool the jury" notwithstanding that he knew he "didn't know these people from Adam".

"So what you put them in (the album) for, to make it look like they (the other three victims) had something to do with this case?" Mr Farquharson asked.

In response, Insp Sherman maintained that the "stickers" in question changed nothing about the photographs, and were merely placed near the bodies so he could identify the photographs as those that he took in future use, as the "stickers" also bore his signature.

Mr Farquharson asserted that Insp Sherman "deliberately falsified" the evidence in the case, and that his actions were part of a larger conspiracy by police that he is "well aware" of to tamper with the evidence to mislead the jury and the presiding judge during the trial.

During a previous hearing, Mr Farquharson had suggested the Freedom Park scene was tampered with before investigators could process it.

During yesterday's proceedings, however, Insp Sherman maintained that even if Mr Farquharson's claims were true, he had "no knowledge of it", and that he "could only speak to what I saw when I arrived".

"That answer will not change," Insp Sherman insisted.

And in response to Mr Farquharson's claims that he intentionally falsified the evidence in the case, the senior officer said he did not, "any way, shape, form or fashion" do as the attorney had suggested. He said all he did was "simply take photographs" of what he found at the Fox Hill scene upon his arrival.

"…I did nothing else," he said. "I held the camera to my eyes, took a couple of pictures, and I developed the pictures, and brought the pictures to court."

Insp Sherman further suggested that he wasn't of the mindset to do something as unethical as tamper with the evidence in any event, as the day of the shooting was supposed to have been a "pretty enjoyable day" for him and that he could have been "doing different things".

The case continues.