Fulton murder case goes to the jury Tuesday

When prosecutors rested their case, lawyers for the defendants made a motion to dismiss the case, arguing that there wasn’t enough evidence to sustain the indictments.

“It’s clear we have no idea what happened at 610 Rochester St.,” said Shaun Chase, one of Brown’s lawyers, adding that there is no proof that Brown had a plan to go to Fulton and kill anyone.

Newsome’s lawyer, Joseph Rodak, argued that while his client was in Fulton and Syracuse on the day of the murder, there was no evidence that he was involved in the crime.

Chief Assistant District Attorney Mark Moody countered that the defense wanted evidence that the prosecution didn’t need to make its case against the defendants.

Authorities have said that Brown, Newsome and Britani Yerdon traveled to Fulton from Syracuse on the night of Dec. 3, 2021, to rob drugs from Russell Bardin. The attempted robbery left Bardin severely wounded and his roommate, Aaron Smith, dead. Yerdon is serving 23 years to life in prison after pleading guilty last year.

Judge Karen Brandt Brown said she would reserve her decision on the defense’s claim for later. She also put off ruling on a defense motion for a missing-witness charge.

Moody said the prosecution had been unable to locate Aaron Smith’s brother, Joseph Smith, who is homeless and was sleeping on the couch of Bardin’s house at the time of the murder. Moody said his testimony would not have been favorable to the defense. A missing-witness charge would allow the jury to draw an adverse inference because he wasn’t called.

Following motion arguments without the jury present, lawyers for Brown and Newsome rested without calling any witnesses, including their clients. Criminal defendants aren’t required to testify at their trials or present evidence of their own.

Earlier in the day, prosecutors had called a series of witnesses beginning with a doctor from the Onondaga County Medical Examiner’s Office who performed an autopsy on Smith. Smith suffered a single gunshot wound to the abdomen that left through his back. 

The charge nurse at Upstate Hospital also testified to finding the bullet when Smith arrived there by ambulance.

Jurors heard from the trooper who was ordered to pull Brown over on a traffic stop in Syracuse after Brown had become a suspect in the murder as well as two state police investigators who tracked Newsome’s cellphone to Syracuse where it was recovered on the shoulder of Interstate 81 southbound.

A state police forensic scientist testified that recovered bullets and shell casings had come from the 9mm handgun police seized at Brown’s uncle’s house in Syracuse where Yerdon lived and Brown and Newsome occasionally visited.

Chase and Rodak also asked Brandt Brown not to allow the prosecution to admit text messages between Brown and Yerdon the night of the murder, but she ultimately allowed the text messages to be presented.

In the text messages, prosecutors allege, Yerdon shares her location with Brown so he and Newsome can find her. She also tells him how many people are in the house, when to come in, to use the porch and that Bardin’s “people” are close to the house. Prosecutors have said that Smith and his girlfriend walked into the house and Smith was shot.

Chase successfully argued to admit all of the text messages received during that period. On cross-examination, the state police investigator who had acquired the messages said they were consistent with someone trying to arrange a narcotics transaction.

Brandt Brown is expected to begin giving the jury instructions later on Tuesday.