Key prosecution witness in Lynn murder trial recants testimony

SALEM – A Lynn teenager who had told police during a statement two years ago that he saw the shooter of Tony Pich on Halloween night is now testifying that he saw nothing.The 14-year-old teenager testified he was in the bathroom on the night Pich was fatally shot from a single bullet from a rival gang member on his front porch at 1-3 Olive St.The nine women/seven men jury listened intensely as the teenager was quizzed by Assistant District Attorney Kristen R. Buxton concerning his changed statement.”Did you tell police two years ago you saw Jose Cabrera shoot Tony Pich?” Buxton asked.”No,” responded the youth.”Where were you?” Buxton asked.”In the bathroom,” he responded.”Did you recently say, ‘You’re tired of living in fear?'””Yes,” he stated.”Did you ask your mother to move?””No,” he answered.The teenager admitted he was part of the AKC gang, known as the Avenue King Crips gang, and has been since age 10.When shown documentation regarding a statement taken on Nov. 3, 2008 by police with his initials and his apparent signature on it, the youth denied it was his signature and that the image of him in the computer video shown was not him.”You’re saying no way is that you?” asked Buxton, referring to the computer video.”Yes,” responded the teen, who was age 12 at the time of the shooting.Cabrera’s mother, sitting in the galley with tears running down her face, blessed herself while the teenager drastically kept changing his initial statement.Julius Smith, 21, of Lynn, also testified Friday, telling the jury that he walked with others toward the 7-Eleven convenience store, located at the corner of Fayette and Essex streets, on Halloween night after hearing gunshots and that they turned back and were fired at by people walking toward them.”One shot was fired. I heard it strike something,” he recalled.Then, he said he heard “Skippy,” identified as William Blundell, say, “Oh (expletive), it went past my head,” as they returned to 1-3 Olive St.But Blundell, now 23, had testified earlier in the week that he had no memory of going down to the 7-Eleven that night, but did respond “most likely,” when questioned by Buxton if he did.Smith also testified that after they got back to Olive Street he told Tony Pich, who had just come home from work, that “we just got shot at by sucker (expletive), a terminology of disrespect for the Deuce Boyz gang members, he said.Smith said he was not at the Olive Street home when Pich was shot.Smith, who testified he is not a gang member but has been hanging out at the Olive Street residence for years, acknowledged there were problems with the “Deuce Boyz” gang members and the AKC gang members.Cabrera, who was 18 at the time of the shooting, is on trial for the fatal shooting death of Pich on Nov. 1, 2008.He faces a life sentence in state prison if convicted of the premeditated murder.His defense lawyer, Jeffrey Karp, maintains his client was not the shooter and is basing his defense on misidentification.The trial continues Tuesday morning in Salem Superior Court with Judge David A. Lowy presiding over the trial.