Ramsaran does not take stand in his own defense
Editor’s Note: Ganesh Ramsaran did agree Thursday morning to testify in court despite refusal to take the stand in his own defense Wednesday. Details of Ramsaran’s testimony will be Friday’s edition of The Evening Sun.
NORWICH — Against the advice of his defense counsel, alleged murderer Ganesh R. Ramsaran did not take the stand in his own defense Wednesday in Chenango County Court.
The prosecution rested its case in the morning following the direct and cross-examination of lead investigator in the case, Lieutenant Richard Cobb.
During cross-examination by Ramsaran’s defense attorney Gilberto Garcia, Cobb said there were six reasons law enforcement arrested the defendant for the murder of Jennifer Ramsaran:
• Cobb said the defendant told police he was working on his computer the morning Jennifer disappeared, Dec. 11, 2012. “That was not the case,” said Cobb.
• The witness told the jury Ramsaran gave police the route he said he took when he ran to the Norwich Family YMCA the morning of her disappearance. Cobb said video evidence was obtained, but Ramsaran could not be seen on various business videos.
• The follow-up of the phone data on the victim’s phone led law enforcement to notice an unopened message in a messaging app that was sent at approximately 8:30 a.m. on Dec. 11, 2012. “It indicated that Jennifer was probably not able to open that message,” said Cobb.
• There was a screenshot found on Jennifer’s phone that was taken at 8:27 a.m. of the lock screen of her iPhone, which suggested it was the last actual physical usage of the phone.
• Cobb told Garcia the affair between Ramsaran and Jennifer’s best friend Eileen Sayles was not initially disclosed to law enforcement.
• The investigator said the evidence showing Jennifer’s blood in the van, and on the sweatshirt was another main reason.
Forensic scientist Daniel Myers testified on Monday that the blood on the sweatshirt was from more than one contributor, and primarily contained the DNA of the defendant, but that Jennifer Ramsaran could not be excluded as another contributor. Myers said it was not an exact match to Jennifer’s DNA.
Garcia asked Cobb if he had spoken to other witnesses in the case throughout the proceedings. “I can’t say I haven’t spoken to a couple witnesses, but not daily,” said Cobb.
Garcia followed a line of questioning regarding Ramsaran’s IBM work computers, and a lack of records from them in the report of the computers.
Ramsaran had told police he has received and sent emails from his work computers, and provided the times in interviews.
The defense asked Cobb if he physically saw the emails, and Cobb said he had not. The emails were sent over a server.
“At various points (Ramsaran) said he was working on his laptops,” Cobb said. He added that Ramsaran told police there would be documents and notes to show that it would be there.
As to the second point, Cobb said he personally watched the Valero service station surveillance video one time. He testified to having watched the video from the Mirabito service station “at least once.” Cobb said he did not see the defendant.
With regard to the Mirabito video, it operates on a motor sensor, and Cobb agreed there are periods of time on the video that are not there.
At one point throughout the proceedings, Garcia made a request that McBride did not agree with. Garcia wanted the Rite Aid pharmacy store footage played once more for the jury.
“This is America. This is a murder trial,” Garcia said to the Court. “My client has a right to a constitutional defense.”
Following a brief recess, the Rite Aid footage requested by defense was played for the jury.
Once the 40 seconds of video was played, the frame was paused and Garcia asked Cobb if he saw a man walking by himself. Cobb said he saw a person on Mitchell Street in the City of Norwich heading toward North Broad Street. Cobb told the jury the subject on the footage was in dark clothing and he couldn’t tell if it was the defendant or not.
Cobb also confirmed that camera 8 from Rite Aid does not capture the road. “If someone is walking on North Broad Street, the camera doesn’t hit it, correct?” Garcia asked.
“Correct,” said Cobb.
Garcia next questioned Cobb about the Touch application Jennifer had used to keep in contact with Rob Houston from London, a prior witness and the man to whom Jennifer had sent panties.
Detective Kevin Powell with the Chenango Sheriff’s Office opened an unread message on the app sent by Houston to Jennifer.
Garcia asked Cobb if Det. Powell had not opened the message on his own accord if things might have gone differently. Cobb said Houston told him recently that the app shows when messages are delivered and opened.
Cobb said he did not pursue an investigation beyond the conversation he had with Houston.
The screenshot on the phone, according to testimony, was taken at 8:27 a.m. the morning Jennifer disappeared. Cobb said it was found when the phone data was extracted, and it was one of the photos found.
When Garcia asked how that might incriminate Ramsaran as a suspect, Cobb said “It meant someone took a screenshot.”
“You said my client volunteered the information about the affair on Dec. 12, 2012,” said Garcia. “In your experience as a police officer, have you seen a husband immediately telling you about an affair?”
Cobb said Ramsaran told authorities the relationship was fine on Dec. 11, 2012; but on Dec. 12, 2012, the defendant mentioned the affair he was having with Sayles.
“Do you consider that makes him a killer?” asked Garcia.
Said Cobb, “Not that alone, no.” He referred to it as a preponderance.
Once the prosecution rested, the jury was excused and the defense was able to make motions if it so desired.
Garcia moved to have the jurors visit the site of where the van, phone, and body were located. None of which were found by law enforcement.
Chenango County Court Judge presiding over the case Frank B. Revoir Jr. asked as to the relevance.
“I believe it is significant for them (the jurors),” said Garcia. He said he thought it to be beneficial for them to see where a car might have parked if indeed the phone was placed in the location it was found. According to prior testimony, the dot — depicting the location of Jennifer’s iPhone — was moving across Route 23 while the defendant was in the company of New Berlin Police Chief Dominic Commesso. “If that phone was moving, the jury has the right to see the location,” Garcia said.
As for the van, Garcia said he wanted to show the jurors that “in any event if there was mud on the tires it would not have been there on Sunday.” The attorney said the photos displayed to the jury entered as evidence don’t show much, but only some gray at the top.
Garcia added that jurors had a right to see Center Road, where the body was found, to see for themselves how desolate it was, and if there were houses or properties nearby.
“There is no legitimate or useful purpose to view those areas,” McBride said.
“Sending the jury out there would serve no purpose,” said Revoir. “The motion is denied.”
Garcia additionally moved that the verdict be directed by the court rather than delivered to the jury. He claimed the circumstantial evidence did not rise to the requirements to permit the case to go to the jury. “The people have not proven their case,” said Garcia. He added that if the court delivered the verdict it would do so in the most favorable light to the people. Garcia said the gathering and collection of evidence by the prosecution did not lead to a prima facie case, saying none of the evidence shows intent, which is required for the charge of which Ramsaran was indicted. “There is nothing here but circumstance,” said Garcia. “The worst are the tapes of my client telling (Sayles) he loves (Sayles).”
Revoir denied the motion.
Defense entered a motion to dismiss.
Said Garcia, “There is no theory from any witnesses that would lead a reasonable person to believe that what happened was intentional murder.”
“People don’t kill each other on video,” McBride said.
The motion was again denied by Revoir.
Once the jury returned to the courtroom, the defense said they were opting to not call witnesses.
Ramsaran was asked if he was going to testify on his own behalf.
The defendant stood and spoke on the record for the first time since the proceedings began Sept. 2, 2014.
“I’ve given them five months worth of testimony,”Ramsaran said. “So it is what is it is.”
Garcia wanted the record to reflect that he strongly recommended his client to take the stand.
“It is my decision and my decision alone,” Ramsaran said.
Closing statements are expected to begin Thursday at 9 a.m.
Follow updates of the trial on Twitter @evesunashley.
NORWICH — Against the advice of his defense counsel, alleged murderer Ganesh R. Ramsaran did not take the stand in his own defense Wednesday in Chenango County Court.
The prosecution rested its case in the morning following the direct and cross-examination of lead investigator in the case, Lieutenant Richard Cobb.
During cross-examination by Ramsaran’s defense attorney Gilberto Garcia, Cobb said there were six reasons law enforcement arrested the defendant for the murder of Jennifer Ramsaran:
• Cobb said the defendant told police he was working on his computer the morning Jennifer disappeared, Dec. 11, 2012. “That was not the case,” said Cobb.
• The witness told the jury Ramsaran gave police the route he said he took when he ran to the Norwich Family YMCA the morning of her disappearance. Cobb said video evidence was obtained, but Ramsaran could not be seen on various business videos.
• The follow-up of the phone data on the victim’s phone led law enforcement to notice an unopened message in a messaging app that was sent at approximately 8:30 a.m. on Dec. 11, 2012. “It indicated that Jennifer was probably not able to open that message,” said Cobb.
• There was a screenshot found on Jennifer’s phone that was taken at 8:27 a.m. of the lock screen of her iPhone, which suggested it was the last actual physical usage of the phone.
• Cobb told Garcia the affair between Ramsaran and Jennifer’s best friend Eileen Sayles was not initially disclosed to law enforcement.
• The investigator said the evidence showing Jennifer’s blood in the van, and on the sweatshirt was another main reason.
Forensic scientist Daniel Myers testified on Monday that the blood on the sweatshirt was from more than one contributor, and primarily contained the DNA of the defendant, but that Jennifer Ramsaran could not be excluded as another contributor. Myers said it was not an exact match to Jennifer’s DNA.
Garcia asked Cobb if he had spoken to other witnesses in the case throughout the proceedings. “I can’t say I haven’t spoken to a couple witnesses, but not daily,” said Cobb.
Garcia followed a line of questioning regarding Ramsaran’s IBM work computers, and a lack of records from them in the report of the computers.
Ramsaran had told police he has received and sent emails from his work computers, and provided the times in interviews.
The defense asked Cobb if he physically saw the emails, and Cobb said he had not. The emails were sent over a server.
“At various points (Ramsaran) said he was working on his laptops,” Cobb said. He added that Ramsaran told police there would be documents and notes to show that it would be there.
As to the second point, Cobb said he personally watched the Valero service station surveillance video one time. He testified to having watched the video from the Mirabito service station “at least once.” Cobb said he did not see the defendant.
With regard to the Mirabito video, it operates on a motor sensor, and Cobb agreed there are periods of time on the video that are not there.
At one point throughout the proceedings, Garcia made a request that McBride did not agree with. Garcia wanted the Rite Aid pharmacy store footage played once more for the jury.
“This is America. This is a murder trial,” Garcia said to the Court. “My client has a right to a constitutional defense.”
Following a brief recess, the Rite Aid footage requested by defense was played for the jury.
Once the 40 seconds of video was played, the frame was paused and Garcia asked Cobb if he saw a man walking by himself. Cobb said he saw a person on Mitchell Street in the City of Norwich heading toward North Broad Street. Cobb told the jury the subject on the footage was in dark clothing and he couldn’t tell if it was the defendant or not.
Cobb also confirmed that camera 8 from Rite Aid does not capture the road. “If someone is walking on North Broad Street, the camera doesn’t hit it, correct?” Garcia asked.
“Correct,” said Cobb.
Garcia next questioned Cobb about the Touch application Jennifer had used to keep in contact with Rob Houston from London, a prior witness and the man to whom Jennifer had sent panties.
Detective Kevin Powell with the Chenango Sheriff’s Office opened an unread message on the app sent by Houston to Jennifer.
Garcia asked Cobb if Det. Powell had not opened the message on his own accord if things might have gone differently. Cobb said Houston told him recently that the app shows when messages are delivered and opened.
Cobb said he did not pursue an investigation beyond the conversation he had with Houston.
The screenshot on the phone, according to testimony, was taken at 8:27 a.m. the morning Jennifer disappeared. Cobb said it was found when the phone data was extracted, and it was one of the photos found.
When Garcia asked how that might incriminate Ramsaran as a suspect, Cobb said “It meant someone took a screenshot.”
“You said my client volunteered the information about the affair on Dec. 12, 2012,” said Garcia. “In your experience as a police officer, have you seen a husband immediately telling you about an affair?”
Cobb said Ramsaran told authorities the relationship was fine on Dec. 11, 2012; but on Dec. 12, 2012, the defendant mentioned the affair he was having with Sayles.
“Do you consider that makes him a killer?” asked Garcia.
Said Cobb, “Not that alone, no.” He referred to it as a preponderance.
Once the prosecution rested, the jury was excused and the defense was able to make motions if it so desired.
Garcia moved to have the jurors visit the site of where the van, phone, and body were located. None of which were found by law enforcement.
Chenango County Court Judge presiding over the case Frank B. Revoir Jr. asked as to the relevance.
“I believe it is significant for them (the jurors),” said Garcia. He said he thought it to be beneficial for them to see where a car might have parked if indeed the phone was placed in the location it was found. According to prior testimony, the dot — depicting the location of Jennifer’s iPhone — was moving across Route 23 while the defendant was in the company of New Berlin Police Chief Dominic Commesso. “If that phone was moving, the jury has the right to see the location,” Garcia said.
As for the van, Garcia said he wanted to show the jurors that “in any event if there was mud on the tires it would not have been there on Sunday.” The attorney said the photos displayed to the jury entered as evidence don’t show much, but only some gray at the top.
Garcia added that jurors had a right to see Center Road, where the body was found, to see for themselves how desolate it was, and if there were houses or properties nearby.
“There is no legitimate or useful purpose to view those areas,” McBride said.
“Sending the jury out there would serve no purpose,” said Revoir. “The motion is denied.”
Garcia additionally moved that the verdict be directed by the court rather than delivered to the jury. He claimed the circumstantial evidence did not rise to the requirements to permit the case to go to the jury. “The people have not proven their case,” said Garcia. He added that if the court delivered the verdict it would do so in the most favorable light to the people. Garcia said the gathering and collection of evidence by the prosecution did not lead to a prima facie case, saying none of the evidence shows intent, which is required for the charge of which Ramsaran was indicted. “There is nothing here but circumstance,” said Garcia. “The worst are the tapes of my client telling (Sayles) he loves (Sayles).”
Revoir denied the motion.
Defense entered a motion to dismiss.
Said Garcia, “There is no theory from any witnesses that would lead a reasonable person to believe that what happened was intentional murder.”
“People don’t kill each other on video,” McBride said.
The motion was again denied by Revoir.
Once the jury returned to the courtroom, the defense said they were opting to not call witnesses.
Ramsaran was asked if he was going to testify on his own behalf.
The defendant stood and spoke on the record for the first time since the proceedings began Sept. 2, 2014.
“I’ve given them five months worth of testimony,”Ramsaran said. “So it is what is it is.”
Garcia wanted the record to reflect that he strongly recommended his client to take the stand.
“It is my decision and my decision alone,” Ramsaran said.
Closing statements are expected to begin Thursday at 9 a.m.
Follow updates of the trial on Twitter @evesunashley.
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