Two witnesses in a Lake County murder trial again refused to testify Monday, despite the judge’s warning that both men could face criminal contempt of court charges.
The two men, both in custody for unrelated alleged crimes, took the stand Friday and then again Monday, but each time refused to answer questions from prosecutors in the trial of Jim McPherson, who is accused of fatally shooting 18-year-old Janay McFarlane in North Chicago last year. The shooting occurred the same day McFarlane’s sister had attended a speech by President Barack Obama in Chicago about gun violence.
Judge George Strickland told Darius McPherson and Chaz Ali, the defendant’s brother and friend, respectively, that they were in civil contempt of court Friday and could face criminal contempt charges if they did not cooperate when they returned to the stand Monday.
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The same scenario played out Monday, but the witnesses were given until the end of testimony in the case to change their minds.
Jim McPherson is charged with first-degree murder and accused of shooting McFarlane in an alley Feb. 15, 2013.
Authorities said Jim McPherson and McFarlane had encountered each other in John’s Liquor & Minimart just before the shooting. Assistant State’s Attorney Ari Fisz told jurors that security video puts McPherson “in the kill zone” where McFarlane was fatally shot in the head. Fisz said evidence will show that McFarlane was an innocent bystander in a gang-related incident.
Defense attorney Lawrence Wade said in opening statements that the case hinges on identification and suggested the evidence is not clear-cut.
McFarlane’s father, mother and uncle have attended the trial, which started with jury selection Nov. 3. McFarlane left behind a 2-year-old, who is living with McFarlane’s mother.
Among the questions Darius McPherson refused to answer was whether he had driven his brother to the liquor store the evening of the shooting. He would not even answer whether he’s the brother of the defendant.
Ali was asked about being with the defendant at a party at a motel the night of the shooting and whether the defendant had told him he shot at someone but thought he hit a girl. Ali also refused to answer any questions.