Post by CCADP on Apr 16, 2006 14:43:28 GMT -5
Defense: Bar guard's tape in shooting: An officer says he recorded Jason Wheeler talking in the hospital about a deputy's killing.
Full Text: COPYRIGHT 2006 The Orlando Sentinel
Byline: Martin E. Comas
Apr. 13--TAVARES -- Lying in a hospital bed, Jason Wheeler, the man accused of killing one deputy and wounding two others last year, told a corrections officer assigned to guard him that he was shooting at his girlfriend, not the deputies. "He said he was attempting to go after his girlfriend," corrections officer Richard Brown said Wednesday. "His main intent was to kill her." Brown was called to testify after defense attorneys asked Lake Circuit Judge T. Michael Johnson to suppress comments that Wheeler made while talking to the corrections officer after the Feb. 9, 2005, shootings that killed Deputy Sheriff Wayne Koester and wounded deputies Bill Crotty and Thomas McKane.
The deputies were responding to a domestic-violence call by Wheeler's girlfriend, Sara Heckerman. "He said he was sorry," Brown said.
The conversations between Wheeler and Brown took place at Orlando Regional Medical Center, where Wheeler was hospitalized after he was wounded during his capture and left a paraplegic. But Assistant Public Defender William Grossenbacher argued that Brown inappropriately interrogated Wheeler. Grossenbacher said Brown asked Wheeler questions and seemingly pressed him for more details about the shootings during their conversations. Grossenbacher said that "rises to the level of interrogation." "It's an attempt to get my client to testify," he said. "[Brown] was instructed to not ask questions." Brown said he was "stunned" when Wheeler began talking to him. He was then given a tape recorder by sheriff's investigators to keep in his pocket or hold in his hand in case Wheeler made any more comments. But Brown said he was told not to ask questions. Portions of those tapes were played in the courtroom. During one of their conversations, Wheeler started crying after telling Brown details about eluding authorities.
"Next thing I remember, I was hiding in the bushes. I didn't want to shoot anyone else," Wheeler said. Brown is heard asking him: "Are you all right?" The corrections officer testified that Wheeler nodded. Brown then told him: "It's probably a good thing you're getting it off your chest." At other times, Brown asked Wheeler, "I'm not understanding what you're saying," and "There's something you wanted to tell me about?" Assistant State Attorney Bill Gladson -- who called Brown to testify -- said there was nothing to suggest that the corrections officer was inappropriately interrogating Wheeler in the hospital. "There's no evidence that police were doing this by design," he said. With his head closely shaved, Wheeler, 30, attended Wednesday's hearing in a wheelchair and wearing a blue Seminole County Jail jumpsuit over a white T-shirt. He is being held in the Seminole jail because Lake Sheriff Chris Daniels didn't want his officers to have to watch over the man accused of killing a deputy.
Wheeler often glared at lawyers and members of the news media who sat in the courtroom during Wednesday's hearing. He sometimes crossed his arms and listened intently to Brown's testimony or wrote notes on a legal pad. Brown said he was directed to guard and protect Wheeler about three days after the shooting. During the first few days at ORMC, Wheeler couldn't speak because of a tracheotomy tube in his throat. Brown testified that after the tube was removed, nurses asked Wheeler, "Did you know what you did?" When Gladson asked Brown if he joined in, Brown said he did not. After Wheeler was moved into another room, he began telling Brown about the relationship problems he was having with Heckerman, 25. He also told Brown how he thought it was funny that he got shot in the rear by deputies before he was captured. Wheeler said he was angry when deputies arrived at the Paisley home he shared with Heckerman, Brown testified. "He saw the deputies on his property and that made him mad," Brown said. After the shootings, he told Brown how he fled into the nearby woods. Wheeler then added that if he was going to be captured he wanted to do it in a way that he would be remembered. "He said, 'I could either run or go out in a blaze of glory. I chose a blaze of glory,' " Brown said. Heckerman could not be reached for comment.
Johnson said he would rule in 10 to 15 days on whether the hospital-room conversations will be admitted during Wheeler's trial, scheduled to start in May. Wheeler could face the death penalty if he is convicted.
Martin E. Comas can be reached at mcomas@orlandosentinel.com or 352-742-5927.
Copyright (c) 2006, The Orlando Sentinel, Fla.
Full Text: COPYRIGHT 2006 The Orlando Sentinel
Byline: Martin E. Comas
Apr. 13--TAVARES -- Lying in a hospital bed, Jason Wheeler, the man accused of killing one deputy and wounding two others last year, told a corrections officer assigned to guard him that he was shooting at his girlfriend, not the deputies. "He said he was attempting to go after his girlfriend," corrections officer Richard Brown said Wednesday. "His main intent was to kill her." Brown was called to testify after defense attorneys asked Lake Circuit Judge T. Michael Johnson to suppress comments that Wheeler made while talking to the corrections officer after the Feb. 9, 2005, shootings that killed Deputy Sheriff Wayne Koester and wounded deputies Bill Crotty and Thomas McKane.
The deputies were responding to a domestic-violence call by Wheeler's girlfriend, Sara Heckerman. "He said he was sorry," Brown said.
The conversations between Wheeler and Brown took place at Orlando Regional Medical Center, where Wheeler was hospitalized after he was wounded during his capture and left a paraplegic. But Assistant Public Defender William Grossenbacher argued that Brown inappropriately interrogated Wheeler. Grossenbacher said Brown asked Wheeler questions and seemingly pressed him for more details about the shootings during their conversations. Grossenbacher said that "rises to the level of interrogation." "It's an attempt to get my client to testify," he said. "[Brown] was instructed to not ask questions." Brown said he was "stunned" when Wheeler began talking to him. He was then given a tape recorder by sheriff's investigators to keep in his pocket or hold in his hand in case Wheeler made any more comments. But Brown said he was told not to ask questions. Portions of those tapes were played in the courtroom. During one of their conversations, Wheeler started crying after telling Brown details about eluding authorities.
"Next thing I remember, I was hiding in the bushes. I didn't want to shoot anyone else," Wheeler said. Brown is heard asking him: "Are you all right?" The corrections officer testified that Wheeler nodded. Brown then told him: "It's probably a good thing you're getting it off your chest." At other times, Brown asked Wheeler, "I'm not understanding what you're saying," and "There's something you wanted to tell me about?" Assistant State Attorney Bill Gladson -- who called Brown to testify -- said there was nothing to suggest that the corrections officer was inappropriately interrogating Wheeler in the hospital. "There's no evidence that police were doing this by design," he said. With his head closely shaved, Wheeler, 30, attended Wednesday's hearing in a wheelchair and wearing a blue Seminole County Jail jumpsuit over a white T-shirt. He is being held in the Seminole jail because Lake Sheriff Chris Daniels didn't want his officers to have to watch over the man accused of killing a deputy.
Wheeler often glared at lawyers and members of the news media who sat in the courtroom during Wednesday's hearing. He sometimes crossed his arms and listened intently to Brown's testimony or wrote notes on a legal pad. Brown said he was directed to guard and protect Wheeler about three days after the shooting. During the first few days at ORMC, Wheeler couldn't speak because of a tracheotomy tube in his throat. Brown testified that after the tube was removed, nurses asked Wheeler, "Did you know what you did?" When Gladson asked Brown if he joined in, Brown said he did not. After Wheeler was moved into another room, he began telling Brown about the relationship problems he was having with Heckerman, 25. He also told Brown how he thought it was funny that he got shot in the rear by deputies before he was captured. Wheeler said he was angry when deputies arrived at the Paisley home he shared with Heckerman, Brown testified. "He saw the deputies on his property and that made him mad," Brown said. After the shootings, he told Brown how he fled into the nearby woods. Wheeler then added that if he was going to be captured he wanted to do it in a way that he would be remembered. "He said, 'I could either run or go out in a blaze of glory. I chose a blaze of glory,' " Brown said. Heckerman could not be reached for comment.
Johnson said he would rule in 10 to 15 days on whether the hospital-room conversations will be admitted during Wheeler's trial, scheduled to start in May. Wheeler could face the death penalty if he is convicted.
Martin E. Comas can be reached at mcomas@orlandosentinel.com or 352-742-5927.
Copyright (c) 2006, The Orlando Sentinel, Fla.