January 9, 2009
Prosecutor grills shooting suspect's son
A visibly rattled and tentative Aaron White frequently contradicted himself on key testimony as he was relentlessly cross-examined by a Suffolk prosecutor in the manslaughter trial of his father, John White.
The elder White, 54, is charged with shooting Daniel Cicciaro Jr., 17, in the face during a confrontation outside the Whites' Miller Place home on Aug. 9, 2006. Cicciaro and four teenage friends went there to settle a dispute with Aaron White, who was accused of threatening to rape a 15-year-old girl.
Aaron White, 20 -- who in his direct testimony Monday surefootedly recalled the many violent and racist threats he said Cicciaro made to him 16 months ago -- Tuesday had a hard time recalling several major points he had made just a day earlier.
With audible snickering among some courtroom spectators, White struggled through his testimony -- often taking pauses of upward of 40 seconds before answering seemingly simple questions. "I cannot remember, sir," he repeatedly told Suffolk Assistant District Attorney James Chalifoux, who questioned the Suffolk County Community College student.
And his recollection of some of the events from the deadly night differed from his prior testimony. On Monday, White testified that, after driving away from a party, he received a phone call from someone calling him a racial slur and demanding he return to the party. "He said he was Dano," White said Monday, referring to Cicciaro.
On Tuesday, he testified that he didn't know who he was talking to during the whole call.
On Monday, White testified that he did not see his father with a gun as they left their garage to confront the teens outside their home. Tuesday, he told Chalifoux he did see his father pick up "a small gun."
White was hesitant in answering nearly all of Chalifoux's questions -- especially when the prosecutor pointed out significant disparities between testimony he gave jurors Monday, and that which he gave a grand jury a month after the shooting.
Defense attorneys in the case were not legally entitled to Aaron White's grand jury testimony, as they would be, generally, for prosecution witnesses, because he was called by the defense.
Although White testified Monday that he ran to his parents' bedroom and yelled at his parents, "These guys are coming here to kill me," Chalifoux noted that White's recollection to a grand jury was saying only, "These people are coming here to fight me."
Under Chalifoux's questioning, Aaron White also conceded that he armed himself with a bat before Cicciaro even told him they were coming to his house.
Outside of court, John White's attorney, Frederick Brewington of Hempstead, attributed Aaron White's shaky testimony to vague questions, a fading memory, and the nerves of a "20-year-old that was scared to death."
Aaron White returns to the witness stand today. Absent from court yesterday were numerous members of the Nation of Islam, who had accompanied him Monday. White still wore a bulletproof vest, which Brewington suggested was in response to an online death threat he received.
Chalifoux will continue with his cross-examination of Aaron White today -- including questioning him about the moment defense attorneys say his father accidentally shot Cicciaro as the teen grabbed John White's gun. Chalifoux said Aaron White's testimony so far "went as I expected it would."
"I think that the jury is left to make decisions ... about Aaron White's credibility," Chalifoux said.
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