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Last updated on Wednesday, September 19, 2012
(BEDFORD) - Lawrence County Prosecutor Michelle Woodward told the jury Tuesday afternoon in Lawrence Superior Court II, that the state plans to show security video from the Clark Gas Station and CVS Pharmacy in Mitchell that proves Zane Payton, along with three other males, robbed the business on August 9, 2011.
Sujan Singh, owner of the station, will testify that the masked men entered his business, took money and cigarettes and that he was afraid.
Woodward will question Jeremiah Turner, who she says will testify that the four males - Zane Payton, Josh Turner, Matthew Green and Tommy Jones were at a party where "the whole idea of robbing the gas station was launched."
But Bloomington Defense Attorney Al Mann told jurors that "not always what we see and hear is true."
Mann told the jury that his client has a defense - did Payton knowingly involve himself in an armed robbery and was there a deadly weapon involved.
After opening statements the jurors were released for the night, but will return to hear testimony at 9 a.m. today.
After the jury left the courtroom, the prosecution asked to submit a recording of phone call made from Lawrence County Jail by Payton to his parents into evidence.
Mann objected saying the phone call was a breach of attorney-client privilege because his client was a minor at the time and he also represented Payton's parents and the tape was "garbled" and hard to understand.
Judge William Sleva, after listening to the tape, told the prosecution he had a real problem with allowing the tape to be entered into evidence.
"My biggest concern is that one statement you are wanted entered is highly prejudicial and I have a real problem with it," Sleva said.
He told the attorney's he wanted to sleep on his decision and would rule this morning.
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