Defense attorney attacks credibility of witness in 2001 killing

2013-07-11T10:03:00Z 2013-07-11T10:29:32Z Defense attorney attacks credibility of witness in 2001 killingPatrick McNamara Arizona Daily Star Arizona Daily Star

Defense attorney Dan Cooper told jurors in his opening arguments that one of the prosecution's key witnesses was an admitted liar and he would set out to drive the point home when Cooper got his turn to question the man.

In testimony during the trial of Max LaMadrid, accused of killing 16-year old Tanee Natividad in 2001, Cooper cataloged a list of lies he said witness Terrence Gooden told police during interviews following the killing.

Gooden was a friend of Natividad and drove the car the girl was killed in on Nov. 18, 2001.

The two had been at a Jack in the Box drive thru near Speedway and Swan Road that night when a group of people started fighting in front of the restaurant. Shots were fired and one man was killed.

Gooden said he drove away eastbound on Speedway when he heard the shots. The prosecution argues that LaMadrid fired at the fleeing car because he wrongly suspected it carried the shooter.

A bullet crashed through the rear window of the car and struck Natividad, killing her.

Cooper read through Gooden's interview transcript with police from 2001 and asked the witness about the statements, focussing mostly on where Gooden drove to and what he did with a gun he had with him.

Gooden said he lied to police because he had a pending felony case and was not supposed to have a gun at the time.

Gooden said he ditched the gun but was unsure where or how.

Cooper also questioned Gooden on when he realized Natividad had been shot and what he did to help.

The trial continues today in Pima County Superior Court. It is the third time LaMadrid has faced trial for the killing, with two previous juries unable to reach unanimous verdicts.

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