Dr. Ling Li, a witness for the prosecution, said that Noah Jamahl Jones was kicked or punched - she couldn't tell which. But she also testified that she could not tell if the kicks or punches came before Jones was on the ground.
Defense lawyers say prosecutors will present an argument today that defendant Jacob Tyler Fortney ran toward Jones while Jones was on the ground, jumped and landed on his face.
Lawyers for Fortney, who is on trial on manslaughter and related charges, said another of the charged men, Joshua David Bradley, would describe that scenario in his testimony.
In opening statements last week, Arundel Deputy State's Attorney William D. Roessler contended only that Fortney kicked Jones after he was down.
Jones, 17, was a rising senior at Northeast High School in Pasadena when he died as a result of the July 24 brawl that erupted after he and three friends burst into a backyard party - with one friend now charged with wielding a handgun and the other accused of bringing a stun gun. Testimony last week indicated that two of Jones' friends demanded the release of another friend who was inside the house, though there was conflicting testimony as to whether he locked himself in to avoid some of the defendants or was locked in by others. In the ensuing melee, Jones ended up on the ground.
Six people, ages 19 to 21, are charged in Jones' death. Fortney is the first to be tried. Bradley, who maintains that he never touched Jones, has agreed to testify in exchange for charges against him being dropped. Fortney's lawyers have been unsuccessful in their attempts to prevent him from testifying. Yesterday, they asked the judge not to allow Bradley's brother to testify, and Circuit Court Joseph P. Manck said he will decide that today.
Jones and his friends are black, and the youths charged are white. Some in the community believe the fight was partly spurred by Jones' interracial relationships. Initially, only four men were charged with murder, including Fortney. Prosecutors dropped charges and continued the investigation, but the county chapter of the NAACP successfully sought a federal probe.
Then, in November, the original four plus two others were indicted on manslaughter charges. No hate crime has been alleged.
Yesterday, Li said Jones suffered devastating damage to the front of the brain when he went down quickly. He sustained five blows to the head and face, she said. Any kicks or blows to Jones' head after the severe damage "would aggravate his pre-existing brain injury," she said.
She said Jones most likely lost consciousness from the fall, but under cross-examination said he could have remained conscious for a time. In addition, she said, moving him -one friend testified Friday that another friend tried to move Jones toward his car - "certainly would not help his condition."
Jurors also heard testimony from a friend of Fortney's, who said she let them stay briefly with her in Canton and then helped them flee to the Eastern Shore. The prosecution is expected to finish presenting its case late today or tomorrow.