Defense Points to CPR Delay
B E N T O N V I L L E, Ark., March 15 -- Police officers didn't try to revive adying boy at a gay couple's apartment because they weren't carryingtheir disease-deterrent masks, the officers testified today.
Jesse Dirkhising, 13, died Sept. 26, 1999, in the apartment ofJoshua Macabe Brown, 23, and Davis Don Carpenter, 39. Prosecutorssaid he suffocated after being bound, gagged and repeatedly raped.
Police officers said at Brown's trial today that the boy waslifeless, his face was blue and he had blood in his mouth andexcrement smeared on parts of his body when they entered the homein Rogers.
"There was horrible stench in the room when I walked in. It wasoverwhelming," said Jason Curry, a former police officer in Rogersnow with the U.S. Border Patrol in Arizona.
Lack of Masks Delayed Resuscitation
Under cross-examination by Brown's lawyer, both Curry and formerCpl. Ian Smith said they weren't carrying masks necessary toprotect themselves from disease when they entered the apartment.Department policy mandates their use during resuscitation attempts,they said.
Smith detected a weak pulse and Curry left to get the masks, butparamedics then arrived, and they attempted to resuscitate the boy,Curry said.
The boy's heart was beating irregularly when paramedics checkedhim, said fire department Lt. David Whitlow. Jesse was pronounceddead a short time later at a hospital.
A medical examiner's report said Jesse died from positionalasphyxia, being unable to breathe because of the way he was boundon a bed.
Jurors today also heard the 911 call that summoned theofficers. On the tape, both men sounded frantic — Carpentercursing, and Brown yelling "Jesse, come back!" in the distance.
Defense Concedes Statutory Rape
In opening statements Wednesday, Brown's lawyer, Louis Lim, toldjurors the defense would concede statutory rape, but he arguedBrown never meant for the boy to die. Brown could face the deathpenalty if convicted.
Prosecutors said that a violent act that ends in death justifiesthe capital murder charge.
Related Stories
ABC News Live