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Fishburn Testifies: I Remember Nothing About Shooting

Fishburn Says He Doesn't Remember Shooting

POSTED: 11:47 am EST November 3, 2009
UPDATED: 6:49 pm EST November 3, 2009

Opening statements and testimony began Tuesday morning in the trial of Brian Reese, 37, in the 2008 shooting of Indianapolis police Officer Jason Fishburn.

In a 14-minute opening statement, Prosecutor Carl Brizzi focused on the bullet that went through Fishburn's skull on July 10, 2008 as he and other officers chased Reese in the 800 block of Euclid Avenue, 6News' Derrik Thomas reported.

Brizzi said that the defense contends the shooting was an accident, mishap or mistake, but "it was none of those things. He was trying to kill the officer that was trying to catch him."

Reese was charged with attempted murder, resisting law enforcement and carrying a handgun without a license. He also faces charges in three homicides that occurred days earlier.

Defense attorney David Shircliff said during opening statements that Reese should be held responsible for a less-severe crime because he didn't intend to kill Fishburn.

Late Tuesday morning, Fishburn, who is still partially paralyzed on his right side, limped to the witness stand, telling jurors he can't remember anything about the shooting.

"I remember nothing. I remember nothing at all," he said during his testimony that last about five minutes.

After he was finished, the defense did not want Fishburn to remain in the courtroom.

"He's clearly got noticeable injuries. He's clearly got conditions he can't control. It would be hard as a juror not to be prejudiced by the fact that the victim in the case is sitting right next to you," Shircliff said.

The judge overruled the request and said Fishburn will be allowed to remain in the courtroom for the remainder of the trial.

Indianapolis Police Chief Michael Spears was also in court Tuesday in support of Fishburn.

Brian Reese

"It's extremely important, I think, to be here to represent the men and women of the Indianapolis Police Department, and also represent the citizens of Indianapolis," Spears said. "We have a great deal of support for Jason, and we're going to make sure he knows it as we go through this process."

A jury was selected Monday from a pool of about 120 people. The trial was moved to Porter County, in far northwestern Indiana, earlier this year.

The trial is expected to last for a week.

6News' Derrik Thomas is in Porter County and will provide coverage of the trial this week on 6News and TheIndyChannel.com.

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