Prosecutors focused on intent Tuesday in the second-degree murder trial of Eric F. Lewis, saying Lewis meant to cause his doctor's death when he punched him twice with such rage and force witnesses could hear
LORI PILGER / Lincoln Journal Star | Posted: Tuesday, January 6, 2009 12:00 am
Prosecutors focused on intent Tuesday in the second-degree murder trial of Eric F. Lewis, saying Lewis meant to cause his doctor’s death when he punched him twice with such rage and force witnesses could hear it.
Dr. Louis Martin’s head hit a wall, then the floor.
As Martin lay unconscious, in a pool of blood, Lewis stood over him, saying, “What now? I told you I would get you, and I did,” Deputy County Attorney Andy Jacobsen said in his opening statement late Tuesday morning.
The psychiatrist’s brain was bleeding, his skull fractured. He died 10 days later.
But Lewis’ attorney told jurors Lewis was waiting at a locked door for an opportunity to leave the Lincoln Regional Center when Martin entered. Stuart Mills said Lewis had no way of knowing Martin was going to come in when he did.
He said Lewis had gathered his things and put them in a box at the door after he was told the staff had court permission to force medication on him.
He didn’t want the medication. He wanted to leave, Mills said.
He got up to leave, and a moment later hit Martin twice in the face.
“Ladies and gentlemen, this is not a second-degree murder case,” Mills said.
He did not say it specifically, but implied he would argue Martin’s death was manslaughter, an unintentional death caused while committing an unlawful act.
Manslaughter carries up to 20 years in prison, rather than the 20 years to life that comes with a second-degree murder conviction.
But Jacobsen argued Lewis intended to cause Martin’s death because he was angry Martin had sought a court order in Douglas County to force his medication on him.
When the judge granted the request, Lewis became enraged, he said.
“All he needed was opportunity. That opportunity came July 23, 2007,” Jacobsen said.
At about 10 that morning, he said, two doctors called Lewis in to show him a court order allowing forced medication. Lewis scanned it and grew angry.
They were in for a fight, he told them.
Then he went to his room, packed his things in a box and watched the door.
When Martin opened it, Lewis approached it calmly, as if to get a drink at a water fountain near the door, Jacobsen said. Then, he took two steps and punched Martin in the face — so hard people could hear it.
“There’s no question about it. … He had a chance to settle the score and he did. His intent was to cause the death of Dr. Martin, and he did,” Jacobsen said.
Lewis wasn’t in the courtroom for opening statements.
District Judge Paul Merritt Jr. sent him to a holding cell with audio and video feed of the courtroom after Lewis raised his voice and grew agitated at a hearing outside the presence of the jury.
Reach Lori Pilger at 473-7237 or lpilger@journalstar.com.