The testimony of an eyewitness to the 2008 killing of a Hamilton man will be considered once again, in full, by jurors before the group renders a verdict in the case.
TRENTON — The testimony of an eyewitness to the 2008 killing of a Hamilton man will be considered once again, in full, by jurors before the group renders a verdict in the case, where two city men are accused of murder and robbery.
After the second straight day of deliberations, members of the jury raised questions pertaining to specific details in the testimony of Linda Tesauro, who was present during the Dec. 1, 2008 home invasion in Trenton, where Joseph Costanzo, 38, was shot and killed. Damien Johnson, 38, and Brian Johnson, 44, who are not related, are on trial for his death.
During her time on the witness stand, Tesauro could only identify the two assailants with details of the clothes they were wearing and their estimated heights and weights, because their faces were covered with T-shirts at the time of the attack, she said.
While she testified that one of the men had a lazy eye — a feature shared by Damien Johnson — that detail has been scrutinized by both defense lawyers. Tesauro did not mention the lazy eye until several years into the investigation, they said.
During their closing remarks, both defense lawyers insinuated that Mercer County Detective Thomas Watters, who was working on the case, may have influenced the investigation by showing Tesauro photographs of the two Johnsons and telling her to read newspaper articles about the case before interviewing her several years after the attack.
Mercer County Prosecutor Al Garcia argued that over the course of the lengthy investigation, certain witnesses would likely remember or forget certain details due to the amount of time gone by. That is especially true of the eyewitnesses to the crime, who were traumatized by the incident, he has said. He dismissed any accusation that Watters influenced the case, calling him a professional and a 24-year veteran of the force.
In hearing the jury’s questions about the testimony, Mercer County Superior Court Judge Robert Billmeier, along with Garcia and defense attorneys Bruce Throckmorton and Kelly Smith Anderson, decided to have the group come in and listen once again to the full 2½ hours Tesauro spent on the stand.
The jury are expected to continue deliberations Thursday. Both Johnsons are looking at a life sentence if they are found guilty.
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