Attorney attempts to discredit Euclid police in murder case

Prosecutors were expected to rest their case today against a Wickliffe man on trial in the fatal stabbing of a Euclid man.

Christopher Dowen, 19, is accused of killing 18-year-old Prentice Dietrich-Smith at the victim’s Euclid home June 30.

Dowen is claiming he acted in self-defense because he was being punched and kicked by five men at once.

Prosecutors played a videotape for the jury of Dowen’s police interview on the fifth day of trial in Cuyahoga County Common Pleas Court.

Dowen is heard on the tape telling Euclid Detective Daniel Novitski that he knocked on Dietrich-Smith’s door and asked him to apologize for comments he made about Dowen’s fiancee, Samantha Terriaco, on Facebook.

“Prentice said, ‘There’s no talking,’ ” Dowen said.

He then told the detective that Dietrich-Smith punched him in the face so hard that he fell to the ground. Shortly after that, four or five teens who pulled up slowly in a gray car joined in.

“I had a knife in my pocket. I was trying to reach for it,” Dowen told Novitski. “I tried to get up. But they were kicking me, punching me.”

Dowen said he went to investigate after seeing Dietrich-Smith run down the street and then fall.

“I asked him, ‘Are you OK?’ I saw a huge hole in his stomach,” the defendant said on the tape. “I yelled to his mom, ‘I need help!’ “

The detective asked Dowen what happened to the knife he brought for protection.

“I don’t know,” Dowen said.

After more questioning, Dowen then admitted he gave the knife to an older family friend who had also been in the car during the incident. Police found the knife in the backseat of Dowen’s car.

But defense attorney Joseph “Randy” Klammer attempted to discredit the police investigation.

Klammer pointed out that it was he – not police – who finally located some of the teens who allegedly helped beat Dowen.

Klammer also accused the lead detective of feeding the four teens details of Dowen’s self-defense claim in order to boost the prosecution’s murder case.

“Do you remember saying (to one of the teens), ‘If this stuff is gonna go on, he has a valid self-defense claim?’ ” Klammer said.

Novitski responded, “Yes.”

The detective also admitted that even though he knew the four teens lied by claiming they weren’t at the scene, they were never re-interviewed by police.

And although they testified at trial they were at the scene to help Dietrich-Smith fight Dowen, the teens have not yet been prosecuted for assault or lying to police, Klammer said.

“You were losing control of the facts of the case,” the defense attorney said. “We all know these kids lied, but you guys are invested in the murder case.”

Klammer also questioned why Patrolman David Maslyk failed to do more to get statements from two neighbors who said they heard screaming and saw someone running that night.

“The witnesses said they didn’t want to be involved,” Maslyk testified Monday.

The patrolman added he felt no need to get the neighbors’ names and addresses to possibly question them again later.

In addition, police never attempted to get a grand jury subpoena to force them to testify.

“Come on! This is a murder investigation!” Klammer said.

Dowen faces 18 years to life in prison if convicted of murder, felonious assault and tampering with evidence.

The case is being tried before Judge Maureen E. Clancy.
Related:

Euclid patrolman: Dowen did not look or act like a beating victim (Dec. 13, 2013)

Christopher Dowen’s fiancee testifies in murder case (Dec. 12, 2013)

Teens who helped Euclid stabbing victim in fight take stand in murder trial (Dec. 11, 2013)

Facebook posts come up at trial of Willoughby man accused of killing Euclid man (Dec. 11, 2013)

Willoughby man to claim self-defense in fatal stabbing of Euclid man (Dec. 2, 2013)

Willoughby man indicted, accused of fatally stabbing man in Euclid (July 11, 2013)

Willoughby man charged in Euclid murder to appear in court again July 11 (July 3, 2013)

Willoughby man arrested in fatal stabbing of Euclid resident (July 1, 2013)

Prentice M. Dietrich-Smith’s obituary

Prentice Dietrich-Smith Memorial Fund

A mother’s plea: Video made by Prentice M. Dietrich-Smith’s mother