Family struggles to hear testimony

Published 12:00 am Thursday, August 22, 2002

Velma Tolbert is having a hard time dealing with testimony in the murder trial of her son, Prince Tolbert.

It was hard enough the first time. The second time, she said, is almost unbearable.

Wednesday marked the second day of this trial that Velma Tolbert, her supporters and spectators had to walk through metal detectors and remain in a locked courtroom in order to listen to witnesses tell what they know happened the night her son never came home.

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A mild-mannered Jonathan Witherspoon, the man who allegedly shot and killed Prince Tolbert at Club 49 in May of 2001, listened to testimony of Lt. Susan Smith, sometimes resting his head on his hands, while all members of the Toblert family cried when viewing pictures of the crime scene on a projector. There was even one point when attorney Bruce Maddox when to comfort a family member.

But debate between prosecuting and defense attorneys was the only conflict heard, and at times changed the mood and brought smiles on the faces of those in distress.

Aside from the tear-jerking testimony of Smith, the prosecution &045;&045; Joseph Fitzpatrick and Maddox &045;&045; brought to the stand one of to most important individuals in the case, Joseph Saloom of the Alabama Department of Forensic Science of Montgomery.

The 23-year veteran told of how he examined the firearm evidence, called cartridge cases, and the conclusions he had drawn from it.

Saloom said that two different guns definitely were fired during the night in question, and that there was a possibility that three were fired due to an analysis of the cartridge cases found at the crime scene.

That was a confirmation defense attorney Henry Pitts was eager to point out.

For the defense, knowing that three guns could have been shot increases the possibility of their theory that Prince Tolbert could have been killed from another bullet during the shoot-out at Club 49.

But, of the 12 cartridge cases, 11 could have been fired from the same type of gun Witherspoon had, a .40 caliber pistol.

Testimony will resume in Judge Tommy Jones’ courtroom today at 9 a.m.