FORT LAUDERDALE, FLA. (WSVN) - Prosecutors rested their case and defense attorneys cross-examined a key witness in the trial for former Hollywood Police officer Matthew Barbieri.
Raymond Schachner, who was caught on camera enduring a beating by Barbieri while he was handcuffed, was crossed examined by the defense on Wednesday.
Barbieri was later accused of using excessive force.
The defense asked for dismissal after Schachner failed to appear in court, Tuesday.
The judge denied the defense’s motion of dismissal.
In 2019, Schachner’s father called the police on him and said his son was on drugs and out of control.
The home surveillance video was shown in court, where the defense said Barbieri told Schachner to relax and sit down “at least three times, within a period of about 15 seconds.”
A defense attorney tried to establish that the witness resisted and was combative with responding officers.
“You were not going to walk outside where the officers were taking you unless you were clothed, correct?” asked the defense attorney.
Schachner agreed, “Right.”
“And in order to do that and make sure you were clothed, you squatted down in that area next to the dresser until somebody got you some clothes,” said the defense attorney.
“Pretty much, just because everything was happening so fast,” replied Schachner. “That was my way of letting them put clothes on me. I wasn’t trying to be resistful or nothing like that.”
“But what do you call that?” said the attorney.
The defense also pointed out discrepancies in past testimonies.
“Tell us, if you can, what happened between the statement that you gave Lt. Gorski, saying two slaps and now, almost two years later, saying a punch and two slaps. What happened during that period of time?” said the defense.
Schachner paused for a moment.
When he said nothing the defense attorney asked, “You want me to help?”
“No, what do you mean what happened?” asked Schachner.
Following a break for lunch, state prosecutors cross-examined Schachner.
“Do you have an independent memory, as you sit here today, of being struck in the face,” asked a prosecutor.
“Yes,” said Schachner.
“And do you have an independent memory of officer Barbieri putting his hands around your throat?” asked the prosecutor.
“Yes,” said Schachner.
“Did you ever engage in any type of physical harm or violence to them?” asked the prosecutor.
“No,” said Schachner.
Late Wednesday afternoon, defense attorneys again motioned for an acquittal, citing lack of physical evidence and witness credibility.
“I do believe the defense raised points with respect to the evidence,” said the presiding judge.
The judge partially agreed but ruled that the surveillance video, along with other factors, was enough to proceed.
The trial is scheduled to resume Aug. 24. Barbieri is expected to take the stand.
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