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Prosecution moves forward in Kelly case, Jesse Miller may not testify

By: Quinn Craugh /The Daily Cardinal  - October 25, 2007




20071025_news_trial_story
By: Amanda Salm /The Daily Cardinal
Above is a photo of Austin Bodahl’s backpack, which police found outside of Einstein Bagels on State Street the night he died.

The prosecution’s case against Daniel Kelly progressed Wednesday with more testimonies offering inconsistent details about the fight that led to a shooting on the 600 block of State Street in May.

In the second day of the trial, the state—represented by Assistant District Attorney Lana Mades—called additional eye witnesses, police and experts to the stand. Much of the day’s testimony centered on the fight between Kelly and Austin Bodahl.

Mades revealed the weapon she said Kelly used to shoot and kill Bodahl to the jury. A .22 caliber revolver, a small gun that fits into a normal-sized hand, was found at the scene of the crime.

William Newhouse, a firearms and tool mark examiner with the state crime lab, said although it is a very small weapon, it has the same affect as most other guns.

“The consequence is going to be the same … it can ultimately lead to death,” he said, adding evidence seemed to show the gun shot wound to Bodahl’s left chest meant the fatal shot was fired within zero to two inches from the body.

And while Newhouse’s conclusion seemed consistent with that of pathologist Dr. Robert Corliss’, when Public Defender Dennis Burke asked Newhouse if he confirmed his findings, he replied no. Police located the gun in Hawthorne Court, an alley off State Street.

One witness said after the fatal shot, he saw Kelly make a throwing motion and moments later heard a scraping noise as it hit the street.

Others said they just heard firecracker-type noises when the gun was fired and never saw a throwing motion, offering only that Kelly took off in a sprint.

Still, despite differences in testimonies, prosecution witnesses, ranging from City Bar bouncers to UW-Madison students, agreed they never saw a weapon on Kelly during or after the fight.

Mades plans to rest her case Thursday, as she only has a few more witnesses.

However, it remains uncertain if Jesse Miller, the young man who put campus on lockdown in late September and shared a jail cell with Daniel Kelly, will be one of her witnesses.




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