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January 14, 2013

BAGSHAW TRIAL: Jurors view suspect’s interrogation video

Prosecution nearing end of its argument

JEFFERSONVILLE — After a weekend break, the Edward Dale Bagshaw murder trial resumed Monday.

During a large portion of the day’s proceeding, jurors were shown a nearly two-hour-long video recording of Bagshaw being questioned by two Jeffersonville Police Department investigators, hours after he killed his estranged wife Kelly Bagshaw in 2011. Bagshaw has admitted to killing his wife and attorneys for the state and defense are arguing how the crime took place.

In the recording, Bagshaw is wearing an orange jumpsuit issued to him as he was booked into the Michael L. Becher Adult Correctional Complex before the interview took place.

Clark County Chief Deputy Prosecutor Jeremy Mull and Bagshaw’s attorney Perry McCall went back and forth with presiding Clark County Circuit Court No. 4 Judge Vicki Carmichael regarding how much of the recording should be played for the jurors. Carmichael allowed the video to be played in its entirety.

While the recording was submitted as evidence by Mull, he intended on showing only the segments of the video where Bagshaw was interacting with the investigators.

McCall pushed the court to allow the entire video be played.

He supported his reason to play the full length of the video after the day’s proceedings.

“No. 1, its the law,” he said. “I think that you don’t piecemeal anything together because it will cause a jury to speculate what they are missing. Secondly, for what it is worth, I think it is important to look at what [Bagshaw] was doing during this period of time.”

McCall wanted to reveal to the jurors that his client did not appear to be nonchalant about the situation.

Shown in the courtroom on a large flat-screen TV, the recording contains large swaths of the video where Bagshaw is sitting by himself, often with his head buried in his hands, or with his head on his arms resting on a small table in the JPD interrogation room.

Mull explained that the Supreme Court of Indiana passed a rule last year that all police interviews must be recorded.

He said law enforcement officers are being extra cautious under the new mandate, and will even begin a recording as soon as a suspect is placed into an interrogation room, even if the interview does not begin for some time.

“What I wanted to show was the entire interview in its entirely,” Mull said. “What Perry [McCall] wanted the jury to see was an hour and a half of just the guy sitting in a room with no one in there looking at the walls.”

He said what is admissible and relevant to the case in the recording are statements Bagshaw made to police, not the time he spent alone in the interrogation room.

“Mr. McCall, in this insanity defense that he is trying to present, basically, I think just wants the jury to sit there and look at his client as long as they can just to feel sorry for him, basically,” Mull said.

He said he originally wanted to submit the recording as evidence because it provides details surrounding the case only Bagshaw could provide.

“[Bagshaw] is very clear in his confession that he stabbed her multiple times — that he cut her multiple times,” Mull said. “He states to the detectives that he called his mom and said that he killed her. He is able to state what he did in the immediate aftermath. He is able to state what led up to it. He is able to state what happened in the car, in the extent he stabbed her multiple times.”

Throughout the recording — as investigators attempted to get Bagshaw to directly say what happened in the vehicle where Kelly Bagshaw was killed — Bagshaw tells them he can not remember.

“I just remember fighting,” he responded to the investigators. “I just felt like I blacked out.”

He does tell the investigators that he was under immense stress in his efforts to keep the family together. Months before her death, Kelly Bagshaw filed for divorce. The two were living apart and sharing custody of their two young children.

“I was trying my best to make one family work,” Bagshaw told the investigators during the questioning, adding that he has six children, two of whom are in trouble with the law, and two facing domestic problems in other state.

He also says in the recording that he was overwhelmed with unsuccessfully attempting to satisfy Kelly Bagshaw.

“I couldn’t please her,” he said on the recording. “She made me feel like I was dirt, but I loved her.”

Mull is expected to call his last witness, JPD Detective Todd Hollis, before McCall begins his defense today. McCall has said the only two witnesses he will call to testify are a mental health professional and a brother of Bagshaw.

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