by Antoinnette Borbon
A Madison man was found not guilty on all counts, along with enhancements, in what would be one of the shortest deliberations I have seen yet. He was a Vallejo man who had moved to Madison at the beginning of this year. The defendant stated he had just returned from a trip with his fiancé on the night of July 8.
Cornell, the defendant, stated he had been staying with the elderly couple, parents of his housemate, who he referred to as Mom and Pops. Cornell said his PG&E had been turned off and the couple was kind enough to allow him to stay at their nearby house for a few days; they were also the parents of Steven Bertram, the alleged victim.
Mr. Cornell said it was there he met Steven Bertram, who also lived nearby. Cornell’s housemate, as stated, was another son of the elderly couple.
Cornell pointed out the three houses were feet from each other. It was the night of July 8 and the day Cornell had returned from a trip with his fiancé.
Cornell stated that he was walking through the yard as Bertram confronted him for flooding his parents’ yard. Cornell told jurors that Bertram appeared to be under the influence of meth. He stated Bertram was angrily shaking his finger at Cornell with his hair looking crazy, sweating and appearing erratic.
Cornell said he and Bertram walked toward each other angrily. He stated he told Bertram, “Stop talking! get out of my face!” and turned to walk away. He stated as he was walking he could hear debris crushing under the feet of Bertram as he walked behind him.
Cornell stated he had known that Bertram always carried a box cutter in his pocket and that Bertram appeared to be reaching for it as then Cornell, out of fear of being stabbed, turned to punch Bertram. He felt his life was in imminent danger, he told jurors. Cornell stated Bertram had pulled a shotgun out one day and pointed it at him, telling him to get off his property. He stated it made him be afraid of what he may do.
He said Bertram fell down on his side after the punch, landing on debris left in the yard. Cornell stated he later walked back to Mom’s and Pops’ house where Violet Bertram, Steven’s mother, lived and it was then she told him to leave as she was taking care of her son Steven. Cornell wept as he told jurors what she said to him. He stated he loved the elderly couple and had enjoyed spending time with them.
After gathering up his things, Cornell took the bus to Woodland and was later arrested for the alleged assault on Bertram. Cornell stated he fled because he knew he had a warrant from Solano County for not checking in with a probation program
Deputy District Attorney Carolyn Palumbo would have the two officers who arrived on the scene that night testify to what they found. Officer Matsomura, a deputy sherriff, said when she arrived she saw Bertram’s eye cut and swollen with blood on his face. She stated he complained of rib pain also and she took photos of his injuries. But when asked if he wanted medical attention, Bertram declined. Later, Bertram testified to not asking for medical help due to insurance issues.
During cross, Deputy Public Defender Dan Hutchinson pointed out to jurors that Bertram had not even gone to the doctor for x-rays until it was at the advice of DDA Palumbo.
Officer Matsomura was asked if Bertram appeared to be high on meth, and she answered, “No.” But during cross, she told defense it was possible he had used long enough to show normal sized pupils even when high. She talked about her expertise in dealing with those under the influence and agreed with defense it is possible to be coming down, appearing somewhat lethargic but still seeming sober. Defense asked if a person on meth would be sweating profusely, she answered, “yes, sometimes.”
Officer Mordford testified for the prosecution about the scene also, and stated he did not feel Bertram was under the influence. He said Bertram did not want to go to the hospital. He was asked by defense if he did any follow up to the case the next day, and he answered, “No.” Officer Mordford said he searched the place for Cornell and could not find him. He said there was a lot of stuff in the yard and it was hard to see and walk through.
Ms. Palumbo would argue that it was also very hot in July and his sweating could have come from the heat.
After just four days of trial, the jurors would hear closing arguments.
DDA Palumbo began by telling the jurors she had gotten dressed in the dark and not realized she put the wrong color pants on. She stated, “But don’t judge something for the way it looks; Bertram has a past but can still be a victim.” She stated it is the defendant’s story that is inconsistent.
Palumbo said the defendant punched the victim, who fell to the ground where the defendant continued to punch him and kick him in the back, causing fractures to the right rib. She said Bertram suffered a cut to the eye and his eye was swollen shut. She said even if he broke the ribs in the fall, it is still a result of falling to the ground and Cornell needs to be held accountable.
She went over statements made by Cornell, the defendant, during his own testimony. She said Cornell’s story is inconsistent.
Bertram did not have a box cutter in his pocket, and the shotgun told about by defendant was never even found. She said Cornell punched him and kicked him, fracturing the ribs, and then left him lying on the ground without asking him if he needed help. She stated, “He needs to be held accountable!”
Palumbo reiterated that Cornell’s story is the one that is inconsistent and Bertram’s past was a long time ago and he can still be a victim.
She said look over the photos and the transcripts, and decide with all the evidence if the defendant’s story is consistent. Palumbo stated, “Come on people, Cornell told a story to save himself, and he needs to answer for his actions. I ask you to find him guilty of assault with the intent of great bodily harm on Bertram.”
Mr. Hutchinson would paint a different story for the jurors and even show by a display how it was just not reasonable for Bertram to be telling the truth about the incident. Dan walked over closer to the jurors and showed them how it happened, according to Cornell’s’s testimony.
He said Cornell feared being harmed while Bertram walked behind him and acted out of that fear. Dan stated Bertram had been using meth and there were syringes in the yard to prove that too. He stated even the police testified to there being debris in the yard on the night in July, making sense that Cornell was telling the truth about what he heard as Bertram walked closely behind him.
He stated Bertram had also been stealing things from Cornell and had not been getting along with his brother, the housemate of Cornell, either.
Hutchinson stated, “We know the defendant and Bertram have led imperfect lives but the testimony of Bertram is inconsistent from his testimony during prelim in this case.” He stated, “And his past is relevant because we are not talking about a five-year-old child telling a lie, we are talking about a 35-year-old telling a lie.” He stated that is a big difference. Dan said “You saw the reaction of Cornell on the stand when asked about Violet telling him he had to leave – he loved the couple too.”
Hutchinson said, we can look at the past criminal record and see how he had lied to police that someone shot him and never told the truth until he was caught. He stated Bertram never went to the doctor and changed his story about why. He said we can believe Bertram had a gun and threatened Cornell with it earlier that month because he had shot himself years ago and lied to the cops about an unknown person shooting him.
Hutchinson said, “Go over the stories told and see if they are reasonable.” He stated if Cornell continued to punch the way Bertram talked about, as he displayed for the jurors, it just doesn’t make sense.” He stated it is Bertram whose story kept changing on the stand. Hutchinson stated Bertram has been a longtime user of meth and you can tell by the way he has aged.
Hutchinson closed with, “You can’t use sympathy, but use your common sense to look over all the evidence and make the right decision. Thank you.”
She stated he punched Bertram, and kicked him, while he was on the ground, with his tennis shoes, causing the injuries, and needs to be a held accountable. Palumbo said, “And this is the last time you are going to hear from me.” She said, “Find him guilty, thank you.”
Jurors were sent out to deliberate and returned with a verdict of not guilty on all accounts. It only took them two hours.
