Testimony Begins In Marlow False Statements Trial

Trim was indicted on three counts of making false statements while Knowles was indicted on one count of filing a false report and four counts of making false statements.

The prosecution kicked off the case with its first round of witnesses: Cherokee County E-911 dispatcher Brittany Blackerby, Canton police Corporal Joel Parker, former Painted Pig Tavern waitress Jenny Smith and Canton police detective Drew Henson.

A "crap" call

Blackerby is the dispatcher who answered Knowles' call to 911 at around 11:06 p.m. June 13 to report the alleged actions of Petruzielo. Blackerby told the jury that Knowles "seemed very calm, like she rehearsed" what she told her over the phone. 

Blackerby told jurors Knowles, in her mind, actually sounded "mad" while telling her about the incident and asking to send an officer to take her statement. Blackerby then reached out to an officer to give him a synopsis of what Knowles told her before he proceeded to the restaurant to take Knowles' statement. 

Blackerby told the jury that when she finished talking with the officer, she said she described the call to herself as "crap."  

Cpl. Parker, the officer who met with Knowles, Marlow and Trim outside the restaurant to take a report of what allegedly happened, arrived onto the scene at 11:14 p.m. and said he spent a "very short" time there with the defendants. 

Earlier that evening, the city of Canton experienced a tornado and there were trees and wires down and half the city was without electricity, Parker told jurors. Parker said Knowles informed them they'd just left a "very heated" school board meeting and were crossing East Main Street when the superintendent came "speeding by them in an aggressive manner." 

The corporal told the three defendants that he did not plan to pursue the case as there were no other witnesses and he didn't feel the incident required his immediate reaction.

However, he told the trio they could go to the Cherokee County Magistrate Court to inquire about possibly taking out a citizens arrest warrant if "they felt it was intentional." 

"Chaotic" night at Painted Pig Tavern

Jenny Smith, who was a waitress at Painted Pig and was working the night when the alleged incident took place, said the night of June 13 was "chaotic" as the restaurant had no power and could not run the kitchen in the dark.

However, the restaurant was allowing people to still come into the restaurant and participate in its trivia series, which Smith said was also happening by candlelight on the second floor of the restaurant. 

Other than the fact the restaurant had no power, Smith said she didn't notice anything out of the ordinary that night, and said she didn't even know the police were called to the restaurant until later on.

Including her, Smith said there were about three or four waitresses working that night, and the restaurant was preparing to close around midnight. 

The stories "just weren't matching up"

Perhaps the longest testimony belonged to Henson, who has been with the Canton Police Department for a little more than seven years. 

Henson said the case came to his attention on June 14 when he was asked by Canton police Lt. German Rivas to look into the incident. Henson said he reached out to all three defendants and was able to get both oral and written statements from them.

Henson also asked the defendants to come by the agency's offices in downtown Canton to sign their statements, which they all did between July 1 and July 2.

The defendants alleged Petruzielo made a right turn from West Marietta/Elizabeth street onto East Main Street, changed from the right to left lane and accelerated by them as they crossed the street to go into the restaurant. 

Knowles said in her statement that she "felt my life was in danger" so she called her husband Chris and Cherokee County Republican Party Chairman Rick Davies to say she was planning to call the police.

Knowles is the secretary of the county Republican Party.  

She also told Henson in her statement that she was "still a little shaken up" by the incident, as she believed there was no reason why Petruzielo should have switched lanes. 

She also said she believed Petruzielo may have targeted her because she and her husband formed an organization that advocates for more school choice in public schools. She said she was told by individuals that she and her husband were on the superintendent's "radar."

"Let's be very clear," she told Henson over the phone. "He knows exactly who I am." 

In his statement to police, Trim notes he "could feel the closeness" of Petruzielo's vehicle and that he "barely got out of the way." 

He also accused Petruzielo of being "clearly angry and frustrated" during the June 13 school board meeting and took that out on Marlow.

Marlow during her statement noted Petruzielo "abruptly changes lanes" and said Trim felt it was necessary to push her onto the sidewalk to ensure her safety.

The detective said he received the video from the restaurant on June 20, and reviewed the tape on June 21. Henson said he grew "very concerned" about the defendants' stories after watching the video and reviewing their statements.

"They just weren't matching up with each other," he said of the statements.

During the first week of July, the defendants participated in an re-enactment with detectives, where they all reiterated their stories, which included Trim demonstrating to authorities how he "had to push" Marlow out of the way to avoid being hit by Petruzielo's vehicle, Henson said. 

They also said they all stopped to talk about the incident and there were between six and eight people on the sidewalk. As they approached the restaurant, the defendants said the bystanders asked if they knew the man driving the vehicle.

Knowles said once they all got into the restaurant and sat down, she said she looked at Trim and said she wanted to call her husband to say she'd planned to call the police. 

Henson said the footage on the video taken outside the restaurant's entrance was "inconsistent" with what the defendants claim.

The video obtained from the restaurant shows Knowles approaching the sidewalk first, followed by Trim and Marlow. The video also shows Knowles reaching the sidewalk and walking directly into the restaurant without pausing to talk with her companions or any bystanders. It also shows her halfway towards Painted Pig's entrance on the sidewalk as Petruzielo's vehicle is captured by the camera passing the restaurant. 

Trim, however, is seen in the upper right hand corner of the video walking towards the curb behind a Dodge Durango parallel parked outside the restaurant. Trim is seen pausing at the curb as if he's waiting for Marlow to reach the sidewalk.

Trim then allows Marlow to pass him and reach the sidewalk before he does, and Marlow also enters the restaurant without pausing to talk with anyone. 

Trim continues to stand outside on the sidewalk before venturing into the restaurant. The video shows no bystanders except for a man standing on the sidewalk, who appears to be talking on his cell phone as the three defendants approach the restaurant. 

That man, identified as Greg Glover, is expected to testify as a prosecution witness on Thursday. 

As expected, Marlow's attorney Brian Steel countered Henson's claims. Steel noted Trim could have pushed Marlow out of the way before they both appear in the camera's frame. He also said Marlow's memory of the incident could have faded due to time passing, which he notes could explain why the order of the defendants reaching the restaurant was inconsistent with what's on the video. 

Steel also argued there could have been bystanders who were not in the camera's range, and there could have been people who were witnesses to the incident who were in the doorway the Painted Pig's entrance and possibly further up along the sidewalk. 

He also asked if Henson had any evidence other than the video that shows there were no bystanders who may have seen the alleged incident, which Henson said he did not.

Steel also questioned if Henson had any evidence other than the single video that could show Trim possibly pushing Marlow out of the way before they reached the curb, which Henson also said he did not. 

Steel also asked if there was any investigation to determine how close Petruzielo's car was from Marlow's body as she crossed the street, which Henson said there had not been. 

Henson is expected to continue his testimony on Thursday when court reconvenes at 9 a.m. The prosecution is also expected to bring forth more witnesses on Thursday.