JOHNSTOWN - The jury in the trial of robbery and shooting suspect Louis "Black" Robinson began deliberations Friday after hearing closing arguments from both sides.
The jury did not reach a verdict Friday, but it will reconvene Tuesday. The courthouse will be closed Monday in observance of Abraham Lincoln's birthday.
Robinson is accused of taking part in the August robbery and shooting of David Ortiz of Amsterdam outside a store on North Main Street in Gloversville.
Before the jury was released for the weekend, Fulton County Court Judge Richard Giardino received several notes from jurors who said they felt either they or other members of the jury were being pressured to make up their minds.
One note stated the juror felt pressured to render a guilty verdict.
"Make your decision based on your conscience," Giardino said as he spoke individually to the jurors who wrote the notes. "Do not succumb to pressure."
About two hours after the jury began deliberations, it had to begin again when an alternate juror was brought in for a member of the panel who complained about blood-sugar problems hindering her decision-making.
Another juror was excused earlier in the week due to an illness in her family, so no more alternate jurors are available.
In his closing statement, Robinson's attorney, Mark A. Myers, said the defense did not question whether Robinson was at the scene of the robbery and shooting, or if he was in the gold car Ortiz saw leave the scene after he was shot.
However, inconsistencies in testimony and statements given to police from the three other men present at the scene created a reasonable doubt as to whether Robinson was guilty, Myers said.
"Between the three, at times testimony coming from that witness stand seemed like they were reading from two or three scripts," Myers said. He pointed to inconsistencies in where and when and with whom present the first conversations about robbing Ortiz happened. He also noted that the testimonies of co-defendants - Edwin Pastor and Codie Hayward - showed inconsistencies in what types of guns were used. Both cited a .45, but there was a discrepancy as to whether the other gun was a .22 or a .32.
He said the fact that Robinson and Ortiz met on Judson Street minutes before meeting at Naif's in a chance encounter further indicated doubt about whether Robinson planned the robbery.
Ortiz testified he was outside the vehicle when he was pistol-whipped and shot by Pastor, whereas Pastor and Hayward testified Ortiz was inside the vehicle.
"Where is the reasonable doubt? It's in the details," Myers said.
Fulton County District Attorney Louise Sira said in her closing statement regardless of any discrepancies, the prosecution had proven Robinson's intent to rob Ortiz and that he knew Hayward and Pastor had weapons because they switched guns while in the car Robinson drove to Naif's Discount Beverage & Tobacco to meet Ortiz.
"[Robinson] was in this just as deep as Pastor and Hayward. He set the plan in motion," Sira said.
The jury must decide whether to convict Robinson on charges including robbery, weapons possession and assault. They must consider accomplice liability, meaning that though Robinson did not assault Ortiz, they must consider his intent and what he knew at the time of the incident.
Accomplice liability requires two or more people act with each other to carry out a crime or solicit or aid in carrying out a crime.
Giardino noted Robinson's mere presence at the incident does not prove accomplice liability, nor does knowing about a crime.
According to testimony heard in court this week, Robinson never hit Ortiz or had a gun, though Ortiz said he was unsure whether Robinson did have one at the time of the robbery.
"The first thing we have to look at is the defendant's intent," Sira said. "He knew [Hayward and Pastor] had guns. He arranged to meet David [Ortiz] under false pretenses and drove himself and two others to Naif's."
She said Robinson also boxed Ortiz in, blocking him from fleeing the robbery and remained on the scene, and he took part in planning the robbery and later was seen wearing Ortiz's watch, which was discarded at a residence on North Main Street as city and state police showed up to arrest him.
She said there was no proof that Ortiz was arranging to meet Robinson at Naif's for a drug deal and noted that Hayward and Pastor testified they searched the vehicle Ortiz drove to Naif's for drugs and found none.
"Regardless, you can't rob people with guns, hit them in the face with a gun, and then flee the scene," Sira said. "This was not a drug deal gone bad."
She said there was also no doubt a gun discharged in close proximity to Ortiz's face, causing his nose to require 60 stitches inside and out.
Hayward last week pleaded guilty to a felony robbery count and may face six to eight years in state prison. Pastor pleaded guilty to a felony count of criminal use of a firearm and may face five to seven years in prison. Both are being held at the Fulton County Jail.
They are expected to be sentenced at a later date.