Story Created:
Dec 5, 2006 at 8:22 PM AKDT
Story Updated:
Dec 5, 2006 at 9:01 PM AKDT
A witness to murder admits she lied to a grand jury but says now she's telling the truth.
Seirosa Milo took the stand Tuesday in the trial of Steven Hinshaw. There's no question Hinshaw shot and killed 21-year-old Crystal St. Auburn. What is at question is whether St. Auburn's friends pointed a gun at Hinshaw before he fired.
That is what Milo's testimony focused on Tuesday. Milo was riding in a car with St. Auburn when the shooting happened in the early morning hours of Nov. 25, 2003. She told the court Tuesday she left her own gun under the driver's seat of the car earlier in the day and remembered it was there after St. Auburn had been shot. That's when Milo says she grabbed the gun and had her sister toss it out the car window.
But that's not the story Milo told investigators or two grand juries. Up until two months ago Milo denied there was a gun in the car, and it wasn't until an interpreter listened to a 911 tape that anyone found out about it. Milo told the court she lied to protect herself from her boyfriend, who she said would beat her if he knew she had left the gun in the car.
The defense jumped on the discrepancies in her testimony, but Milo stuck to her latest story.
Milo said, "Are you trying to confuse me?"
Joe Van de Mark, defense lawyer, said, "No, I'm just asking."
Milo got combative with a defense lawyer today during intense questioning about a gun.
Milo said, "Did you hear me the first time? I was on the phone and realized they were gonna take the car, so the gun was underneath his seat. I reached underneath. It ain't like I went all the way down. No, I just reached like this and grabbed the gun. Then I gave it to my sister. Is that clear enough for you?"
The defense pushed Milo for answers about why her story had changed.
Van de Mark said, "If you lied about the gun because of Anthony Stanley might find out, why'd you lie to the cops about how it all happened?"
Milo said, “Did you just hear what I said, huh? Did you hear what I said? You didn't hear what I said-"
Van de Mark said, “I'm asking you a question."
Milo said, "Everything happened so fast so when we was getting questioned my mind was everywhere. So yeah, maybe I did say that, maybe I didn't. I don't remember what I said."
Milo has an immunity deal to testify in this trial. She was facing perjury charges for lying to the grand jury twice as well as tampering with evidence charges for getting rid of the gun. However, the state granted her immunity if she agreed to tell the truth during this trial. Now if it turns out she lied Tuesday, that deal is nullified and she can still be charged.
Monday the jury heard a taped confession Hinshaw gave to his girlfriend.
