BUFFALO, NY - After days of testimony in the Jeffrey Basil murder trial, Wednesday was the first time we heard from the defendant.
Jeffrey Basil didn't take the stand. Instead, the prosecution revealed new jail house recordings with Basil on tape.
The jury heard two telephone call recordings of Jeffrey Basil while he was behind bars at the Erie County Holding Center. Prosecutors say the phone calls were recorded in May, just days after Basil turned himself in and was charged with assault in the Molly's Pub incident.
The charges would later be upgraded to murder in the second degree after Bill Sager, Jr. died.
Prosecutors say the first phone call Basil made from jail was on May 22. During the call Basil is heard saying:
"I ruined my life over this <expletive>."
"I wasn't drunk, I had just got there at midnight, one o'clock."
The second recording, prosecutors say was on May 27. In that conversation, Basil is heard saying:
"I wasn't drunk, I just got there."
So, according to prosecutors, there are two conversations, at two separate times of Basil saying he wasn't intoxicated at Molly's.
Legal experts say the recordings apply to the murder and manslaughter charges against Basil.
"The defense is interested in showing how intoxicated Mr. Basil was to show that he was so drunk he couldn't inform the intent to kill or the intent to seriously injure," said Cheryl Meyers-Buth, a local defense attorney.
This is what the defense said in opening statements, regarding the murder and manslaughter charges:
"No one intended, I repeat, no one intended to kill anyone and no one intended to seriously injure anyone," Joel Daniels, Basil's attorney said.
Once those recordings were heard, many jurors began taking notes on their notepads. It was clear that the recordings were something that struck the jury.
Also on Wednesday, Donald Hall, one of Sager's friends testified that he and Sager were friends for ten years. On Mother's Day weekend of last year, Hall says he wanted to celebrate his birthday. So, Hall and Sager went to Molly's Pub.
He says they were upstairs in the bar and Basil was there. Hall testified Basil didn't appear to be drunk -- and for some unknown reason -- Basil was not friendly.
Hall says he looked down at his phone for a moment and then all of a sudden, looked up and saw Sager in mid-air.
"He fell with his eyes closed and I remember his head hit, in a motion of a roll," Hall said.
Moments later, Sager's body was taken outside the bar by off-duty Buffalo Police officers and a bouncer. Video surveillance shows, Hall followed to see how Sager was doing. Basil was also outside.
The jury heard Donald Hall's 911 call. While referring to Basil, Hall can be heard saying, "there's a man right here who's trying to threaten me."
In the background, a voice is heard, Hall told the jury it was Basil.
"There's cops right here <expletive>"
"Get the <another expletive> out of here."
Hall testified Basil also said this to him, "Get the <expletive> out of there or I'll have you arrested."
Hall testified not only did Basil tell him to leave Molly's, but also off-duty police officer Robert Eloff. Speaking of Eloff, Hall says "Eloff told me to back the <expletive> out of there, and get the <expletive> out of there."
Hall was eventually arrested on charges of criminal trespassing -- and that Eloff put him in cuffs. The charges were later dropped.
Hall says prior to being pushed Sager, "did not become aggressive or obnoxious with anyone."
Matthew Baird, a mechanic at the Niagara Falls Airbase and a friend of Sager's also testified. Baird was at Molly's and corroborated Basil's behavior outside the bar after the incident.
He was "yelling at people," Baird said, "to get away, get out of here." Baird said he stayed because he was concerned about Sager.
The Jeffrey Basil trial continues Thursday. A neurosurgeon and the medical examiner are expected to testify.
