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'Knockout hand' comment draws more fire from defense

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Defense attonreys Richard Samdperil, center, and Joseph Welsh, right, confer as defendant Eric Langlais looks on after court recessed for the Labor Day weekend on Friday afternoon, (Rochester Voice photos)

DOVER - Just a couple of hours after Bang N Jane drummer Jim Unfonak was decked in the parking lot of Gary's Sports Bar by a right hand from Eric Langlais, a Rochester Police detective interviewed Langlais at his Barnstead home, where Langlais referred to his right hand as "his knockout hand," the detective testified on Friday.

Unfonak, upon being struck around 1:32 a.m., on Jan. 31, 2016, fell heavily to the ground cracking open his skull on the frozen pavement. He was rushed first to Frisbie Memorial Hospital and later to Maine Medical Center, but never regained consciousness. He was taken off life support Feb. 1.

Friday marked the seventh day of the Langlais manslaughter trial in the death of Unfonak, 45, of Rochester, who was a longtime drummer for popular Northern Seacoast band Bang N Jane. If Langlais, 42, is found guilty of manslaughter, he could be sentenced up to 30 years in prison.

Rochester Police Detective Joseph Rousseau Jr. spent the bulk of the trial day on the stand testifying about both his initial interview with Langlais around 4 a.m. on Jan. 31, and the many hours he spent reviewing all the surveillance video from Gary's Sport Bar the night Unfonak, 45, was fatally injured.

The detective said when he arrived for the first interview, Langlais appeared groggy and sleepy, but was cordial and invited him in.

Rochester Police Det. Joseph Rousseau Jr. listens to questioning from Assistant County Attorney Tim Sullivan on Friday during the Eric Langlais manslaughter trial at Strafford County Superior Court in Dover.

Rousseau said he noticed Langlais' right hand was swollen and had a red mark on it.

"I remarked his right hand was much larger, and he said 'That's my knockout hand.'" Rousseau testified.

The unrecorded comment by Langlais has been excoriated by the defense, which sought unsuccessfully in pretrial motions to disallow its reference during trial.

On Friday defense lawyer Richard Samdperil pointedly questioned Rousseau on why it wasn't recorded like much of that initial interview was.

"So you didn't record the 'knockout hand' comment?"

"No," Rousseau stated.

"And you didn't ask the defendant to make the comment again so you could record it?"

"No."

Earlier during questioning from Assistant County Attorney Tim Sullivan, Rousseau told the court that Gary's had 16 different cameras inside and outside of the bar and that he had reviewed footage of all 16 cameras from 7 p.m. the night of the incident until after an ambulance left the parking lot taking Unfonak to Frisbie Memorial Hospital.

Rousseau also explained how he used the appearance and clothing of individuals and tracking of their movements from one camera shot to the other throughout the night to positively identify all those connected to the events that transpired throughout the evening.

The state rested its case after Rousseau's testimony after which the defense immediately called for dismissal of both charges against the defendant, saying the initial punch did not kill Unfonak and the manslaughter charge should be changed to simple assault; and that the riot charge should be tossed because Langlais hadn't planned the attack, which they sought to characterize more as a mutual combat scenario.

Sullivan argued against both motions, saying Langlais along with Laurie Henner, Mandy Patch and Forrest "Smoky" Rollins had waited outside the bar for 16 minutes and had yelled they wanted "a piece of Jimmy" prior to his walking out to a car waiting to take him home around 1:32 a.m. the morning of Jan. 31.

Sullivan also argued that the defendant in approaching Unfonak from the rear of the car first walked slowly, then made a "swing step" before punching him under the left chin.

Judge Mark E. Howard immediately ruled against both motions to dismiss by the defense, which is expected to call another witness to the stand on Tuesday, setting up final arguments on the case to likely proceed Tuesday afternoon or Wednesday morning.

Earlier on Friday, Danielle Willis, a bartender at Gary's, said that when Langlais was thrown out of the bar he looked at Unfonak and said, "C'mon buddy, bring it on" as he pointed outside.

Under cross-examination, Samdperil asked Willis if she saw Unfonak standing inside Gary's front door and making vulgar gestures to Langlais and others outside.

"Did you see him grabbing his genitals," Samdperil said.

"No," Willis replied.

"That would be bad, right?" Samdperil continued.

"Yes," Willis said.

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