Day 2 of Terry Thompson's retrial begins with prosecutors' demonstration of fatal fight

Miya Shay Image
Wednesday, October 24, 2018
Prosecutors demonstrate from night of fatal fight outside Denny's
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Prosecutors demonstrate from night of fatal fight outside Denny's

HOUSTON, Texas (KTRK) -- On day two of the Terry Thompson retrial, video continued to be the focus of prosecutors.

Jurors saw the now infamous cell phone video that showed Thompson allegedly choking and killing John Hernandez outside a Denny's restaurant near Crosby.

Legal experts say the fact that there is a second trial at all is unusual.

"I think the district attorney's office has lots of different facts in the mix right here," said Peyton Peebles, a local criminal defense attorney unrelated to the case. "Anytime you have a murder case, they take it very, very seriously. In this case, they thought it was worth putting it in front of the second jury."

RELATED: Jury to hear 911 calls from night of fatal fight outside Denny's

Now in the trial's second day, there are a number of differences already noticeable when compared to the first trial.

Perhaps most obvious, the Hernandez's family pushed for new prosecutors after the hung jury.

"They made their demands and we contacted Kim Ogg's office saying, 'Hey, we would like a new prosecutor, someone more experienced, and familiar, just like this,'" said Shere Dore, a community advocate working with the family.

The DA's office handed veteran prosecutors Sarah Seely and John Jordan the case. Even to casual observers, the intensity has heightened. At one point on Tuesday, Jordan even climbed on top of a witness, trying to demonstrate to jurors how Thompson was on top of Hernandez.

RELATED: Timeline of deadly fight in Denny's parking lot

Peebles says the new tactics and the more intense trial is something both sides are expecting.

"The prosecution has a little bit of a benefit, because in many cases the state is not aware of what the defense theory is going to be until they get into trial. So the state's now aware of the defense theories in the first trial," Peebles said.

The trial continues Wednesday at 9:30 a.m.

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