Evidence Surprise in Wesson Trial

ABC Action News/May 19, 2005

Police say one gun killed all nine children in Fresno's worst mass murder. But Thursday, the jury learned something else about that gun that could clear Marcus Wesson of murder charges.

Most times, when a gun is fired, a residue is left behind. But, the FBI insists that wasn't the case with the gun found at the scene of Fresno's worst mass murder.

That is hard for one local defense attorney to accept.

Defense attorney Ernest Kinney has tried hundreds of Valley murder cases. But, he's never heard the claim that a gun didn't leave any residue.

"I think it's a bunch of baloney," says Kinney. "There are always some form of gaseous or residue that come out of the handgun somewhere. I'm not saying it's not possible, but before I would let Lisa Gamoian get away with that trick, I would have that researched totally."

The report was released to the jury outside of testimony. The report also shows no gunshot residue was detected on Wesson's daughters, Elizabeth Jr. and Sebrenah.

The defense contends Sebrenah fatally shot her eight siblings in March last year, then killed herself.

Also missing are any fingerprints on the gun, the cartridge or the knife found underneath the nine victims.

Kinney believes the prosecutor needs more evidence to prove Wesson committed the murders, but says the details may not matter on judgment day.

"I don't think she's proven it at all. But, because of all the stuff the judge has allowed in and because he's [Wesson] such a repulsive type of person, because of the things he's done, people just aren't going to care."

The jury spent Thursday afternoon reading Wesson's writings and his daughter's and niece's diaries.

Friday, the judge is expected to decide whether he'll allow testimony from a mind control expert.