Marshard Claims Silvi Police Report

RESPONDENT’S ANSWER
In response to the first issue, Marshard explains “my file notes state I met with Mr. Sylvia to explain that the Court would appoint him an attorney to explore his 5th Amendment right and to discuss with him whether he wished to waive or assert that right.” Marshard maintains that she wanted Silvia to know he was a victim in this matter and not a defendant. She states this was important because “(1) the pending clerk’s hearing where charges were being pursued by Mr. Petersen and (2) Mr. Sylvia had often been a defendant when the court appointed him an attorney.” Marshard claims Silvia “does not always appear to accurately grasp the situation.” Additionally, Marshard provided a police report written by Sergeant Chris

Frank Cray alleges during his testimony at the trial that Baptiste and Peterson left the bar after the drink was spilled, and when they attempted to come back in the bouncer would not allow them to re-enter. At this point Baptiste came to the door and somehow cut Frank, who allegedly turned his back when he saw Baptiste approach with a shiny object. Frank claims at this point he returned to the bar to put pressure on the cut he had received to the back of his neck. While sitting at the bar, someone reportedly told him his brother Jason was getting beat up outside. He then allegedly went to help his brother who was on the ground surrounded by four men. Subsequently he was attacked and choked so violently from the front by Petersen that he feared for his life. This story is vastly different than his original police statement that implies the fight occurred in the bar and his brother Jason then came to help him; he also alleges in his original statement that he was choked from behind rather than the

According to Jason’s testimony, he had left the bar to smoke a cigarette, and when he returned his brother was at the door telling him someone had cut him. Jason then allegedly began following someone who had just left the bar. While he was doing so, he claims that someone was having an argument behind him at the bar door; he thinks it may have been Petersen. He claims he yelled back at him about his brother being cut, and when he did so, Baptiste came running at him. Allegedly, out of fear Jason then punched Baptiste in the face as he approached, and as Baptiste tried to come back at him Jason punched him again. Jason’s testimony is also different than his original statement to the police, in his statement he says that he was walking up the sidewalk with his brother behind him and some guys were having an argument in front of the Ritz, when one of the “black guys” came running up at him. He still however, completely admits to throwing the first