STARKVILLE — Jurors in the capital murder trial of Bobby Batiste got their first glimpse Wednesday at the brutal slaying of Mississippi State University student Andreas Galanis last March at 21 Apartments, but defense attorney Jim Lappan threw the panel a curve ball when he said during opening statements that Galanis was the aggressor and initiated the fatal fight with Batiste.
Lappan acknowledged Batiste killed Galanis on March 7, 2008, but said it only happened after Galanis, who was also known as “Andy” or “Dre,” jabbed at his client with a sword during a confrontation over money.
District Attorney Forrest Allgood told the jury he plans to prove Batiste is guilty of capital murder while in the commission of a robbery. Lappan, on the other hand, said he wants to prove Batiste did not rob Galanis and the fight was instigated by the 28-year-old Greek national, who was found dead inside the apartment he shared with Batiste and at least one other MSU student, off Oktoc Road.
According to Lappan, Batiste told Oktibbeha County Sheriff”s Department deputies shortly after his arrest on March 7, 2008, that he used Galanis” debit card regularly. Sometimes Galanis knew Batiste used the debit card; other times he didn”t, Lappan said.
The statement and subsequent police interviews are expected to be introduced into evidence this week, although during opening statements Wednesday Lappan relayed Batiste”s March 2008 Sheriff”s Department statement to the jury.
Confrontations begin
The confrontation between housemates began during the afternoon hours of March 6, 2008, when Galanis and Batiste went together to M&F Bank at Highway 12 and South Montgomery Street. After trying to withdraw money for a spring break trip to Florida, Galanis realized he was missing $4,507 from his checking account.
Galanis became “hysterical” at the discovery and left with Batiste, but returned a short time later with another housemate, former M&F Bank customer service representative Candace Dailey testified Wednesday. Dailey and Galanis discussed filling out an affadavit and filing a police report; then Galanis left the bank again with the second housemate.
Galanis returned to M&F Bank a third time on the afternoon of March 6, 2008, and told Dailey he had confronted Batiste with suspicions that he had used his debit card illegally, Dailey testified Wednesday. Galanis also told Dailey he never even activated the debit card, and that he believed it was still in a box with the pin number in his bedroom.
Bank inquiries
According to Dailey”s recollection of the conversation, Galanis last March said Batiste claimed his girlfriend was using the debit card. Galanis then left the bank and said he was going to file a police report, Dailey testified.
Later that afternoon Batiste also returned to M&F Bank to inquire about the situation. He asked teller Al Rice how long images of persons making withdrawals remained on automatic teller machine cameras, Rice testified Wednesday. Batiste appeared upset when told the machines stored the images for about a year, Rice said.
During the evening hours of March 6, 2008, Batiste and Galanis discussed the matter, Lappan said; then Batiste sat down and wrote out how much money he owed Galanis. The morning of March 7, 2008, however, Galanis became angry with Batiste over the large sum and began to make threats, Lappan said.
Reported threats
Galanis first threatened to shoot Batiste in the face and demanded repayment, Lappan said, then grabbed a sword from Batiste”s bedroom and “held it at” him. Batiste got up and left the apartment, walked to his vehicle and grabbed a tire rim adapter. Batiste returned to the apartment, emptied his backpack of school books, and placed the tool inside.
Galanis confronted Batiste with the sword again a short time later, Lappan said, but this time things got violent. Speaking as if he was Batiste giving a statement to police, Lappan relayed the murder suspect”s words Wednesday to the jury.
“Later, Dre comes to my room with the sword, talking about how he wants the money,” Lappan said, while paraphrasing what jurors would have heard if in the Oktibbeha County Sheriff”s Department office when Batiste gave a statement after his arrest. “I told him ”I don”t have your money.” He responds with some more words and jabbed at me with the sword. At that point I take the bookbag and we fight.”
Galanis” death
“I swing the bookbag and the sword flies out of his hand,” Lappan continued. “I use the bookbag and I hit him three, maybe four times. The last time I hit him … I killed him.”
An autopsy photo discussed among counsel on both sides showed a massive gash on Galanis” head. Sixteenth Circuit Judge Jim Kitchens agreed to allow the jury members to see the photo later in the trial, along with roughly a dozen others, but he did decide to block three autopsy photos which showed in detail the cracks and damage to Galanis” skull.
If the jury convicts Batiste of capital murder, the Preston native faces a minimum sentence of life in prison without the possibility of parole. Jurors also could give Batiste the death penalty.
The state began questioning witnesses again this morning at 8:30 a.m.
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