Witness shifted his story, says Winona's lawyer

Andrew Gumbel
Thursday 31 October 2002 01:00 GMT
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Winona Ryder's lawyer hammered away yesterday at the credibility of the star prosecution witness in her shoplifting trial, accusing the security guard from Saks Fifth Avenue, Beverly Hills of shifting his story and declaring his intention to "nail" the Hollywood actress.

The lawyer, Mark Geragos, challenged claims by Kenneth Evans, the security guard, that he had no personal feelings about Ms Ryder or her celebrity. He mentioned a lunch that Mr Evans had shortly after the actress's arrest last December and accused him of boasting: "I'm going to nail her. I'm going to get her one way or another."

Mr Evans denied making the statement.

On the third day of the trial,Mr Geragos appeared to be looking for opportunities to catch out Mr Evans.

The prosecution asserts that Ms Ryder entered the store with intent to steal, that she brought in scissors to cut off sensor tags and subsequently hid them in the pocket of a Chanel jacket that she left on the rack. Mr Geragos established that the sensor tags were not recovered immediately, but a few days after Ms Ryder's arrest, the implication being that the evidence might have been put together.

He got Mr Evans to admit that he had previously given erroneous testimony about the exact date on which he found the discarded tags. In June, he said he found them on 13 December, the day after Ms Ryder's arrest. Now, he said, the discovery took place between 14 and 18 December.

Mr Evans gave as good as he got, refusing to concede any facts until confronted with documentary or video evidence. The clash between the two led to a flurry of out-of-order remarks that were excised from the record by Judge Elden Fox.

Ms Ryder faces up to three years in prison if convicted on three charges of burglary, theft and vandalism.

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