SCORCHED EARTH: Defense, in closings, derides credibility of bulk of state's witnesses

Eric Langlais peers back at those in the courtroom during a break in closing arguments on Tuesday in Strafford County Superior Court in Dover. (Rochester Voice photos)

DOVER - The jury in the Eric Langlais manslaughter trial in the death of Bang N Jane drummer Jim Unfonak will begin its second day of deliberations today after closing arguments were heard by both sides on Tuesday, a day in which defense counsel Joseph Welsh decried testimony by the bulk of the state's witnesses including a Maine medical examiner, and even the public defender in a riot case against one of the other protagonists the night Unfonak was fatally injured.

Unfonak, 44, of Rochester, never regained consciousness early the morning of Jan. 31, 2016, after being struck in the face by Langlais, who had remained in the parking lot of Gary's Sports Bar in Rochester in defiance of orders to leave by bar personnel.

Defense attorney Joseph Welsh uses a chart to argue why Eric Langlais shouldn't be found guilty of manslaughter during closing arguments Tuesday.

Langlais was arrested and later indicted on manslaughter charges in Unfonak's death; and riot charges for allegedly assembling with two or more people while creating a substantial risk of injury to another.

The defense opted not to put Langlais on the stand, but Welsh said on Tuesday that the facts of the case and the lack of credibility of the bulk of the state's witnesses should prove both charges don't hold water.

Welsh said that Unfonak's friend, Al Leeman; and longtime girlfriend, Kelsey Mountain, both had allegiances to the victim and that their testimony was to be questioned.

He said bar bouncer Terry Cooper had allegiances to the bar and its owner and his assertions that Langlais was "all amped up" were unfounded. Welsh even attacked Cooper for working at Gary's.

"I mean really if you're such a great security person, why are you working at Gary's?" Welsh quipped.

Welsh then ripped into Clare Bryce of the Maine Medical Examiners Office saying she failed to mention that steroids, which Unfonak was on for a longtime asthmatic condition, caused brittleness of bones.

"And what's the skull? A bone," Welsh said, adding she should have testified to that during trial.

Welsh also argued that to be convicted of manslaughter the state has to prove Langlais recklessly caused Unfonak's death.

"He didn't think there was risk of death from one punch," he said. "He was angry, but he didn't want to kill him."

It should be noted that the defense unsuccessfully fought to have two expert witnesses - both forensic pathologists - testify for the defense that one-punch deaths were almost unheard of.

Welsh actually argued during a July 27 hearing that people aren't generally aware a single punch causes death. He said he had two experts with longtime careers in medical examiners' offices who would testify so. He said one said he had never encountered it in all his years of practice, while the other noted only one.

"Recklessness doesn't result from knowledge of dangerousness," Sullivan countered during the hearing, adding that such testimony would just confuse jurors. He also noted the "knockout hand" comment made by Unfonak alluded to his knowledge of its power.

Lastly on Tuesday, Welsh sought to put the bulk of the blame on the victim, himself, saying he was saying mean and hurtful things to women and "getting under people's skins" all night long.

Welsh further noted that when referring to how Unfonak acted that night many during trial had said it was "Jimmy being Jimmy."

"You can't live that way and not expect consequences," Welsh added.

Welsh also urged the jury to find Langlais innocent of riot charges, saying there was no evidence that Langlais, Mandy Patch and Laurie Henner had planned to attack Unfonak and that just because Patch and Henner had pleaded guilty to riot charges and served time, that in no way proved Langlais' guilt.

He also said that Henner pleaded guilty because her lawyer gave her bad advice and she didn't trust them to be able to win a jury trial.

Meanwhile, Assistant County Attorney Tim Sullivan said even though Unfonak may have unfortunately said some mean things during the night, that gave no excuse for him to lose his life when Langlais punched him under the left jaw in Gary's parking lot around 1:33 a.m.