Jury hears opening statements in 2nd trial of Detroit officer who killed girl in 2010 raid

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Dominika Stanley, mother of Aiyana Stanley-Jones who was killed by Detroit Police Officer Joseph Weekley, 38, testifies as a witness during Weekley's retrial in Detroit on Thursday, Sept. 18, 2014. She had to pause during the questioning when she became overcome with emotion recounting the night her daughter was shot in the head. (AP Photo/Detroit Free Press, Regina H. Boone)


LaTonya Brooks, a retired Detroit Police homicide sergeant, takes the stand as a witness during the retrial of Detroit Police Officer Joseph Weekley in Detroit on Thursday, Sept. 18, 2014. (AP Photo/Detroit Free Press, Regina H. Boone)


Defense attorney Steve Fishman, right, argues that his client, Detroit Police Officer Joseph Weekley, 38, left, did not shoot 7-year-old Aiyana Stanley-Jones at close range, during his opening statement to the jury in Detroit on Thursday, Sept. 18, 2014 for Weekley's retrial on charges of involuntary manslaughter, a felony, and careless discharge of a firearm causing death, a misdemeanor, in Aiyana's death. The girl was shot in the head during a police raid where she slept on the couch in a front room on Detroit's east side in 2010. (AP Photo/Detroit Free Press, Regina H. Boone)


Detroit Police Officer Joseph Weekley comes back into the courtroom during the first day of testimony at the Frank Murphy Hall of Justice in Detroit, Michigan on Thursday, Sept. 18, 2014, in the re-trial of Detroit Police officer Joseph Weekley. Weekley is accused of shooting 7-year-old Aiyana during a May 2010 raid. (AP Photo/Detroit News, Daniel Mears)


Detroit Police Officer Joseph Weekley, 38, right, and his attorney, Steve Fishman, listen to the opening statement of the prosecutor on day one of his retrial in Detroit on Thursday, Sept. 18, 2014 on charges of involuntary manslaughter, a felony, and careless discharge of a firearm causing death, a misdemeanor, in the death of 7-year-old Aiyana Stanley-Jones. The girl was shot in the head during a raid where she slept on the couch in a front room on Detroit's east side in 2010. (AP Photo/Detroit Free Press, Regina H. Boone)


FILE - In this June 13, 2013 file photo Detroit Police Officer Joseph Weekley testifies during his first trial in Wayne County Circuit Court in Detroit, Mich. Weekley is charged in a second trial with involuntary manslaughter in the death of Aiyana Stanley-Jones who was shot during a frantic search for a murder suspect in 2010. A jury in Weekley's first trial couldn't reach a verdict. (AP Photo/The Detroit News, David Coates, File)


FILE -- In this May 18, 2010 file photo, Dominika Stanley and Charles Jones hold a photo of their 7-year-old daughter Aiyana Jones in an attorney's office in Southfield, Mich. Aiyana was killed while she slept on a couch by a Detroit police officer accused of handling his gun recklessly during a frantic search for a murder suspect in 2010. (AP Photo/Carlos Osorio, File)


DETROIT — A member of an elite Detroit police team failed to follow his training when he stormed a house looking for a murder suspect with his finger on the trigger and shot a 7-year-old girl who was asleep on the couch, a prosecutor said Thursday at the start of an involuntary manslaughter trial.

All sides acknowledge that Aiyana Stanley-Jones' death was not intentional. But prosecutors say Officer Joseph Weekley's actions in 2010 were a crime because he handled his submachine gun in a reckless manner.

It is Weekley's second trial, coming 15 months after another jury failed to reach a verdict.

"There's a lot of noise in this case — the media, finger-pointing — but it comes down to one simple thing: Was the defendant grossly negligent when he pulled the trigger on his gun?" prosecutor Rob Moran told jurors.

"You have to use ordinary care in the exercise of your duties," Moran said. "He didn't follow ordinary care. ... If he didn't pull the trigger, Aiyana would be alive."

Weekley has said he mistakenly fired the gun while trying to wrest it away from Aiyana's grandmother, Mertilla Jones, seconds after he led a pack of officers into the home around midnight to find a murder suspect.

Jones denies any interference, but her credibility is a cornerstone of Weekley's defense. Defense lawyer Steve Fishman plans to highlight some of her provocative statements before the first trial, in which she accused police of intentionally killing Aiyana.

"When you hear a lie of that nature, a lie so outrageous, you shouldn't trust" her testimony, Fishman told the jury.

Aiyana's death capped a chaotic night. With a reality TV crew outdoors, Weekley and other members of Detroit's Special Response Team raided the home in riot gear after first throwing a stun grenade through a window. It released smoke, bright light and vibrations to confuse anyone inside.

"It was an accident," Fishman said of the shooting. "Mertilla Jones did something — hit the gun, reached for the gun. Gun safety is important but also making sure no one gets a hold of your weapon is important as well."

The trial's second witness, Aiyana's mother, Dominika Stanley, fought back tears as she recalled the night. She said police stopped her from immediately going to the hospital to see her daughter.

During three days of jury selection, candidates were asked about race and the recent shooting of the unarmed, black 18-year-old Michael Brown by a white officer in Ferguson, Missouri.

Weekley is white, and Aiyana was black. Jurors agreed that race and the Ferguson shooting are irrelevant in the Detroit trial.


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