Shotgun, mask entered as evidence in Brandon Phillips 1st-degree murder trial - Action News
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Shotgun, mask entered as evidence in Brandon Phillips 1st-degree murder trial

Jurors at the Brandon Phillips first-degree murder trial were shown pieces of evidence collected after a fatal shooting at the Captain's Quarters Hotel, including a mask and a shotgun.

Defence questions if gunshot residue transferred from officer to mask

A mask and shotgun seized by the Royal Newfoundland Constabulary were entered as evidence in the case against Brandon Phillips, 29, at Newfoundland and Labrador Supreme Court Thursday. (CBC)

Jurors at the Brandon Phillips first-degree murder trial were shown pieces of evidence Thursday including a mask and a shotgun collected after a fatal shooting at the Captain's Quarters Hotel.

Phillips, 29,is chargedin the shooting death of LarryWellman, 63,on Oct. 3, 2015 during an armed robbery at the St. John's hotel.

Royal Newfoundland Constabulary Const. Pamela Pike took the stand at Supreme Court to walk the jury through photos she took and evidence she collected as part of the investigation that followed the shooting.

Pike collected hundreds of photos, she estimated, showing the crime scene and any evidence collected.

A navy hat with two holes cut out for eyes was discovered around 10:30 a.m. on Oct. 4, 2015 by a police constable, the jury was told.

The hat was found near a flower bed in front of a home on Forest Avenue, which runs behind the hotel, Pike said.

A hat with two manmade holes in it was discovered in the mulch outside a home on Forest Avenue on Oct. 4, 2015, about 12 hours after Larry Wellman was shot during an armed robbery at a nearby hotel. (RNC photograph)

During his opening address to the jury, Crown prosecutor Mark Heerema said they would see evidence of a hat.

He said the jury would hear that DNAinside the hat matched Phillips's DNA and that gunshot residue was present on the outside of the hat.

A shotgun was located during a search of 30 A Quidi Vidi Road as part of an investigation into a fatal shooting at the Captain's Quarters Hotel on Oct. 3, 2015, a jury was told Thursday. (Fred Hutton/CBC)

Pike testified she was also called to photograph evidence at30A Quidi Vidi Road, where police seized a number of items.

A shotgun, wooden pieces of a gun and a pair of Nike Air Jordan sneakerswere photographed, seized and tested.

Any of the evidence that needed to be tested for DNA or gunshot residue was sent out ofprovince to one of three national forensic labs, Pike explained.

The shoes, specifically, were DNA tested.

The jury has already been told by the Crown to expect evidence that the DNA of both Phillips and Wellman waspresent on the sneakers.

Pike cleared a shotgun twice for safety purposes before bringing it before the jury.

Gunshot residue

During cross-examination, defence lawyer Jeff Brace pushed Pike about why she or any other identification officer didn't seize one of the tables Wellman used to fight against the robber.

Brace suggested that Wellman picked up two tables, but just one was photographed in detail and was seized for testing.

There was a second table utilized as a weapon "and you choose not to seize it?" Brace questioned.

Pike said the table was examined but she determined it didn't hold enough evidentiary value.

A pair of Nike Air Jordan sneakers were seized by police from a house on Quidi Vidi Road. They were sent for DNA analysis at a forensics lab outside of the province. (Fred Hutton/CBC)

"Even though others may have another view?" Brace pushed back. "What if we were dealing with the circumstance when counsel said it was self defence?"

Pike reiterated the small table didn't appear to be damaged and there was no blood on it, unlike the other table that was seized.

"Can you always see when DNA is present on an object?" Brace asked.

"No."

Brace also raised the issue of the possibility of gunshot residue transferring from Pike to the mask, which she picked up.

But Pike said she wore gloves and took the proper steps to ensure it wasn't contaminated.

"What about forearms?" Brace asked.

The jury will hear from a gunshot residue expert from Ottawa on Friday.

So far in the trial, the jury has been:

On Wednesday,Dr. Simon Avis, chief medical examiner for Newfoundland and Labrador, testified Wellman was killed by a single gunshot to the groin.

Want to follow the latest from the trial?Check out our live blog.

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ReadCBCNL's previous coverage of thetrial: