Nearly deaf witness could hold key to Guise trial; informant says defendant described

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http://www.herald-review.com/articles/2005/08/19/news/local_news/1009579.txt

DECATUR - Michael Guise's fate may hang on whether jurors believe a nearly deaf jailhouse snitch who testified Thursday he saw and overheard Guise tell another inmate how he had smothered 15-month-old Korey Bass Jr. on Feb. 3, 2004.

Guise is charged with first-degree murder, which the state alleges occurred in Korey's home at 2688 E. Geddes Ave. The prosecution is trying to prove the boy was smothered while the defense contends he died of natural causes - possibly related to his asthma.

Charles Lucas, 42, a convicted thief, testified Thursday that he is deaf in his left ear and has only 40 percent of normal hearing in his right ear or 70 percent if he uses a hearing aide. He said he reads lips "excellent."

Lucas acknowledged that at the time he observed Guise conversing with another inmate in May 2004, his hearing aide was broken. He said the conversation occurred when Guise returned from court where he learned that instead of a charge of involuntary manslaughter in Korey's death, he was facing murder charges.

When inmates return from court, others in the jail crowd around to ask them what happened or what charges they face, Lucas said. Guise was about five feet from him when he observed his conversation and he could clearly see Guise's lips, he said.

"I didn't talk to him, I saw him talk," Lucas said. "I heard some of it."

Guise was telling another inmate that the state was trying to charge him with smothering the child against his chest but "that ain't how this - happened," Lucas said.

Guise related when he left the house to get something to eat, Korey was crying and when he returned, Korey was still crying, Lucas said. Guise said the crying was getting on his nerves, he said.


Guise said he snatched the child out of bed and the boy jumped out of his arm and hit the concrete floor head first, Lucas said. The boy was still crying, Guise said, and he put him back to bed, he said.

The boy was still hollering, Guise said, so he put a pillow and blanket over him "and before I knew it, the baby was smothered," Lucas said.

First Assistant State's Attorney Richard Current brought out that Lucas was given a bus ticket by the state's attorney's office to relocate to another city when he was paroled last year from the Illinois Department of Corrections, and the office brought him to Decatur for the trial and was paying for his hotel.

A video tape of a police interview with Guise during which he confessed he smothered the boy against his chest, but claimed it was an accident for which he was sorry, also was played for the jury before the prosecution rested its case.

Defense attorney Joseph Vigneri called five doctors to testify Thursday about examinations they made of Korey when he was taken to the Decatur Memorial Hospital emergency room or the Community Health Improvement Center for respiratory difficulties between November 2002 and December 2003.

Emergency room physician Gabriel Munoz said he diagnosed Korey with "acute asthma exacerbation" in September 2003. He and several other doctors said they saw Korey when he was coughing, wheezing and having trouble breathing.

The trial is expected to conclude today. Vigneri said Thursday he is not sure if Guise will testify.
 
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