Barney Lerten, KTVZ, October 31, 2022
One day before the closely watched murder trial of Ian Cranston is set to begin, a prosecutor responded to a defense request to allow evidence claiming victim Barry Washington Jr., made earlier gang-related references, saying he was never a gang member and calling such insinuations “disgraceful.”
In a separate filing Monday, Washington’s mother said the material should not be allowed because it was illegally obtained from her late son’s cellphone.
Jury selection is expected to begin Wednesday as Cranston goes on trial on second-degree murder, manslaughter and other charges in the Sept. 19, 2021 shooting death of Washington in downtown Bend. The trial is expected to last eight to 12 days. Cranston has claimed he acted in self defense after he was assaulted by Washington.
Defense attorney Kevin Sali’s 13-page trial memorandum filed Monday asks the judge to exclude some potential prosecution testimony as irrelevant, such as a police comparison to other previous downtown incidents (none of them fatal), and argues that Washington should not be referred to as a “victim” during the trial.
But Sali also asked to be allowed to use other evidence, writing that “the defense has discovered social media postings as well as a series of communications on Washington’s phone indicating gang affiliation,” consistent with hand signals and references Washington reportedly used during the fateful downtown altercation.