Fallis Trial: Analyst Says Evidence Seems To Point Away From Suicide
GREELEY, Colo. (CBS) - Prosecutors began the third week of testimony in the second degree murder trial of Tom Fallis with a second crime scene analyst.
The testimony turned tense when the defense cross examined that witness.
Jon Priest is now a forensic analyst and trainer but previously was a lieutenant in the Denver Police Department, investigating homicides and major crimes.
Priest specifically testified about the blood splatter patterns in the bedroom where Ashley Fallis died after being shot early in the morning on New Year's Day 2012.
The case was originally ruled a suicide but then re-opened three years later after a Weld County Sheriff's deputy said he heard Fallis confess.
Under direct examination, Priest testified he did not believe Ashley Fallis was standing across the room from Tom Fallis when she was fatally shot in the head.
He based his testimony on how the blood arced across the bedroom wall as well as the amount of blood at the scene.
Priest told the jury that according to his story, Fallis was too far away from his wife to have successfully staunched the flow of blood after the shot.
"Tom says he made it over to her in seconds. Does that explain the lack of blood and bleeding?" asked prosecutor Benjamin Whitney.
"No," answered Priest. "Let's say in a second, Tom gets from the closet to her in a second. Her blood pressure comes, beats in heart goes up. A breached artery means that would happen almost instantaneously."
Priest said he did pursue the possibility of suicide but said Ashley Fallis' head need to turn very specifically to make the blood stains and the wall and he could not find any force that would cause her to make that turn.
He told the jury Fallis had to be in contact with his wife, accounting for both the turn and the lack of blood on the floor because it was on his clothing.
Under cross-examination, the defense went after Priest's expertise, his methodology and his motives.
Defense attorney Iris Eytan asked for his medical knowledge in terms of how the body responds after that the sort of traumatic and fatal injury like Ashley Fallis suffered. Priest answered he had watched and participated in autopsies as well as consulting medical professionals throughout his career.
Eytan asked Priest about how he ended up as a consultant for the prosecution on the case. "You work was conducted as a favor to the Fort Collins Police Department."
"That's not correct," Priest shot back.
"That's what you said to me on the phone on Feb. 22, 2016," Eytan responded.
"No, that's not what I stated to you on the phone," Priest said. "What I stated to you on the phone was that I began this as a favor until I talked to Detective Shakilee and then we began a formal review of this case.
"The only favor part of this was to a former student of mine and we do that routinely."
Eytan quizzed Priest about his visit to the crime scene, pointing out when Priest was in the bedroom where Ashley Fallis had died, the carpet and furniture had been removed.
She also asked Priest about his measurements relating to the trajectory. That bedroom has been recreated in court which includes a nightstand that was in the room when Priest was there.
She wanted to know about why he had not examined the carpet or carpet padding and Priest told her was it not available to examine by the time he became a part of the case.
Eytan asked how seeing the room set up and learning about a possible blood stain on the sub-flooring impacted his opinion that Ashley Fallis did not commit suicide.
Priest said that information opened up more possibilities but he was not changing his opinion.
Under re-direct by the prosecution, Priest re-stated his belief Fallis was next to his wife when the fatal shot was fired, pointing to the blood patterns on the wall.
"If I'm by myself and I collapse straight down or I collapse to the side, I don't create this at all," he testified. "Something has to keep me from 1/3 of a second fall related to gravity. Something has to keep me here for one full second ... to create this pattern on the wall to create this pattern.
"Plus something has to turn me to put me in that position. The best explanation given what's at the scene is there's only one force capable of capable of doing that and that's Mr. Fallis."
