Craig Miller tells lawyers but not jury about inattentional blindness, regarding case in which officer says she mistook deceaseds apartment for her own

Before the jury was seated on day six of the trial of Amber Guyger on Saturday, former Dallas police chief Craig Miller was called by the defense as an expert witness to testify about a temporary condition called inattentional blindness.

Miller said the condition was not universally accepted in the scientific community. But, he said, based on the totality of the evidence he thought the former officer was justified in shooting Botham Jean, whose apartment she says she entered after mistaking it for her own.

The judge ordered that Miller would not be allowed to say that in front of a jury, but said he would be allowed to testify regarding a narrow range of issues related to officer distraction.

The jury then heard around five minutes of testimony on day six of the trial before being sent home.

Guyger, 31, who is white, is on trial for murder after she shot Jean, 26, who was black, in September last year. The accountant was alone in his apartment when Guyger came through his front door.

On Friday, Guyger testified that she mistook Jeans fourth-floor apartment for her own, which is one floor below. She said she parked on the wrong level of the apartment complex and walked through the unlocked door, thinking it was her own.

She said she killed Jean in self-defense, mistakenly thinking he was a burglar who would harm her.

I hate that I have to live with this every single day of my life and I ask God for forgiveness, and I hate myself every single day, Guyger told the jury.

The jury will consider whether Guyger is guilty of murder, a lesser crime such as manslaughter or criminally negligent homicide, or if she is not guilty.

On Saturday, they heard again from David Armstrong of the Texas Department of Public Safety, for about five minutes. He said Guyger may not have had a normal perception in the tense situation.

As with Miller, Armstrong told lawyers he believed Guygers actions were reasonable. The jury was not present for that remark.

Jurors will report back to the court on Monday.

Source: http://www.theguardian.com/us

 

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