Prior ‘aggressive’ behavior won’t be used in trial

Evidence citing aggressive behavior by former CMU football player James King in the weeks leading up to the DeMarcus Graham beating outside a Mount Pleasant night club was withdrawn Tuesday.

“The proposed evidence we were considering dealt in general with certain members of the football team and some alleged aggressive conduct they had demonstrated in the past, acting with a group mentality,” Isabella County Prosecutor Larry Burdick said.

Burdick said the withdrawl of evidence will not affect the trial.

“The evidence at issue today was minor in the scheme of the case and not a concern from my end,” he said.

Warren Harris, King’s attorney, and Burdick, agreed there was no legal basis for using this type of evidence in King’s trial, which is scheduled to begin on July 10.

The court is careful in letting past behavioral evidence before a jury, Burdick said, as it is based on the behavior of the defendants, not the conduct associated with the alleged crime.

“The concern is that a jury should not convict a defendant because of other bad acts he may have committed in the past, but rather the evidence of the pending crime itself should be used,” Burdick said. “This type of evidence can be presented to show, intent, scheme, lack of mistake and so forth.”

Dropping this kind of evidence is not unusual, he said.

Burdick filed a notice on March 16 announcing his intent to present evidence that would disclose both King and Jerry Seymour’s behavior before Graham was beaten unconscious on June 25, 2004.

“At trial, the People will introduce evidence of other aggressive or assualtive conduct of members of the CMU football team during the weeks prior to the assault which took place on DeMarcus Graham,” Burdick wrote in the notice.

Seymour’s attorneys, Doraid Elder and Jeffrey Edison, jointly submitted their objection to Burdick’s evidence on April 10.

“I elected to withdraw the notice of presenting this evidence, as it was directed more so to other defendants, whose cases have been resolved, and we wanted to re-evaluate it as it may relate to Mr. King and perhaps refile the notice,” Burdick said.

Harris said he wants to avoid guilt by association, meaning he does not want to see his client be punished for his teammates’ actions prior to Graham’s beating.

“That’s not the case here,” Harris said.

King is charged with second-degree murder, involuntary manslaughter, assault with intent to do great bodily harm, obstruction of justice and two counts of perjury. His final pre-trial hearing is scheduled for June 16, Harris said.

Seymour is charged with second-degree murder, involuntary manslaughter, assault with intent to do great bodily harm and one count of perjury.

Graham, a Flint native, was beaten unconscious in the early morning hours of June 25, 2004 outside Shaboom Pub Club, 106 N Court St., and died three weeks later on July 14, 2004 in a Saginaw hospital.

Senior Reporter Jeremy Gonsior contributed to this report.