Prosecution shows video, defense argues chain-of-custody mishaps

The State of Nebraska, represented by Cheyenne County Attorney Paul Schaub, continued its case against Jason Assad, 36, of Sidney, on Thursday.

Assad, represented by Steven Elmhaeuser, is charged with multiple crimes, including first-degree false imprisonment and use of a weapon to commit a felony, among other alleged offenses.

The second day of the trial began with a continuation of themes presented on Wednesday: Schaub calling law enforcement officers to testify about the events that unfolded on Sept. 14, 2014 – the day Assad was arrested – and Elmhaeuser calling attention to clerical mistakes with regards to a few pieces of evidence collected on that date and during the subsequent investigation.

After an hour-long recess for lunch, the woman whom Assad is accused of falsely imprisoning took the stand, and nearly two hours of video that led in part to the charges against the defendant was shown. The footage was recorded by a surveillance system Assad helped install, according to the woman.

The first witness to testify in the morning was a family member of the woman. He recounted how he had discovered a knife in the apartment portion of El Palomino Motel in Sidney where the woman and Assad had lived.

He said he took the knife after Assad was arrested because he was concerned for the woman's safety. Once he heard police were looking for the weapon allegedly used in the incident between Assad and the woman, he handed it over to the Cheyenne County Sheriff's Office.

Under cross examination, he testified the knife presented in court was the same knife he found.

Another witness said he had seen Assad in possession of the knife.

Sheriff's deputies, police officers, Nebraska State Patrol troopers and an FBI agent were also called to the witness stand to explain the chain of custody of other pieces of evidence.

Sidney Police Lt. Keith Andrew, who testified Wednesday, was recalled.

Under questioning from Elmhaeuser, Andrew acknowledged the evidence tag on the gun Assad is accused of possessing was improperly filled out and the knife was never entered into an electronic evidence catalogue.

When Elmhaeuser pointed out the evidence tag for the digital video recorder indicated the device had been signed out to the NSP but never signed back in, Andrew said he believed the electronic evidence catalogue documented the return of the item.

In the afternoon, the alleged victim took the stand.

Judge Derek C. Weimer granted Schaub permission to show video footage allegedly recorded two days before Assad was arrested.

The lights were dimmed and the video was projected on the south- and west-facing walls of the courtroom.

The video showed a room with a bed and a doorway leading to a hallway. Initially, both the woman and Assad were in bed lying next to each other. As she tried to get up, Assad got on top of her and held her down. He put his face up to hers.

When Schaub asked the woman to explain what was happening in the video, the woman said Assad was yelling at her.

Throughout the next 10 minutes of the recording, Assad at times laid on top of her and stood over her.

Schaub broke the silence in the courtroom every few minutes to ask what was happening.

"Is he still yelling at you?" he asked the woman.

"Yes," she replied.

At nearly 12 minutes, Assad grabbed her by the throat and pushed her off the bed onto the floor.

He then alternated between standing above her, kneeling next to her and lying on top of her.

Schaub showed two clips; the first lasted for more than an hour.

At 49 minutes, Schaub asked what was happening.

"I'm trying to leave the room, and he won't let me," the woman said.

At times in the clip, Assad left the room.

Twice, she left. She explained in court the first time was to get a bag of frozen vegetables to place on her forehead where Assad had been pressing his. The second was to use the bathroom, she said.

In the video, the woman alternates between struggling against Assad's body pressed against hers and remaining nearly motionless.

The second video clip showed the same room from the same position.

Multiple times, the woman attempted to get up before Assed pulled her back to the bed.

At one point, he grabbed something.

Schaub asked was it was.

The woman said it was a knife and sheath.

"He pulls it out," she said.

Thirty minutes into the second clip, both Assad and the woman stood and walked out of the room.

After the videos were played, Schaub showed the woman the knife that had been turned into police.

He asked if it was the knife in the video.

"Yes, that's the knife," she said.

He held it to her face, she testified.

The county attorney then asked what she felt at the time.

"Fear," she replied.

After a recess, Elmhaeuser began his cross examination of the woman.

He asked why the woman hadn't called for help or fled.

She said she feared retaliation.

When asked multiple times what the argument that initiated the incident was about, she said she couldn't recall.

Elmhaeuser asked if the woman had been pressured to testify. After she said "no," the attorney asked if she had told Assad since his arrest that police had told her what to say.

She replied she didn't think so.

Elmhaeuser then asked Weimer permission to setup equipment for the presentation of an exhibit.

Court was recessed for the day and continued on Friday.