Judge considers restrictions in trial over trooper’s death
A judge will need more time to rule on some restrictions surrounding the trial over a Missouri State Highway Patrol trooper’s death.
Judge Ted House took two motions under advisement Friday afternoon in 21-year-old Serghei Comerzan’s murder trial. The three-day trial is set to start April 10, with 110 potential jurors to appear in court for selection.
Comerzan faces several charges, including second-degree murder, felony resisting arrest and numerous traffic violations stemming from the August 2015 crash that killed Trooper James Bava. Bava tried to pull over Comerzan for speeding, but crashed his cruiser on Highway FF in Audrain County while searching for him, dying from injuries suffered in the crash. Comerzan was arrested months later.
Attorneys for each side argued motions concerning arguments in court, and who would be allowed in the courtroom. ABC 17 News reported last week on defense attorney Charlie James’ attempt to limit the number of uniformed Highway Patrol members in the courtroom. James claimed Highway Patrol command staff allowed troopers to sit in court, which he fears would intimidate a jury into convicting Comerzan.
Special Assistant Prosecutor Stephanie Watson said command staff was not ordering troopers to be in court and that uniformed patrolmen would attend to support Bava’s parents. Judge House said he hoped both sides could work out an agreement on the issue without his order.
No troopers were in the audience Friday, but two women came to support the law enforcement community. Pattie Canter, a retired music teacher from Clayton, sat near the front, sporting a “Blue Lives Matter” wristband. She said she came to show support for the troopers as well as Bava’s family should the judge restrict access for those in uniform.
“The family needs to know that there are people to support them,” Canter told ABC 17 News after the hearing. “And there is one blue line, and we all stand together.”
The court also considered what part Bava’s own actions should play at trial. Assistant County Prosecutor Scott Fox’s motion would bar James from making any argument toward “contributory negligence” on Bava’s part. Fox said it amounted to “victim blaming” by putting the trooper on trial. The guilt phase of the trial should focus on whether or not Comerzan was culpable in Bava’s death. Fox said the case boiled down to Comerzan’s knowledge of Bava’s attempts to pull him over.
“I believe he knew it. I believe I can prove beyond a reasonable doubt to 12 jurors that he knew it,” Fox said.
James argued that information like Bava’s speeds and what he saw would make up his case. Bava told Highway Patrol communications he was “going to look for” the motorcylce that sped by him, and by the time he made it to the hills on Highway FF, he no longer saw him. Fox said Bava’s own behavior, however, did not matter to the case at hand.
“Talking about Trooper Bava’s driving behavior an hour before, getting his cruiser up to 120 [miles per hour], whether or not that he was pursuing or not pursuing on a back road, whether a trooper would do that or would not do that is totally irrelevant to this case,” Fox said.
Comerzan faces a minimum 10-year prison sentence is he is convicted of the second-degree murder charge.
