Last modified: Tuesday, May 13, 2008 10:22 AM PDT Video expert testifies a second time By Katie Pizza Argus Observer Payette — A video forensic expert was back on the stand Monday in the trial of Hector Brito Almaraz to testify about surveillance video secured during a deadly 2006 shooting in Fruitland. Almaraz was arrested and later charged with first-degree murder in connection with the shooting death of Gabriel Flores, 28, at the Club 7 bar in April, 2006. Video forensic expert Grant Fredericks continued his testimony that began last week by asserting the shirt found wrapped around a .45 caliber pistol after the shooting was the same shirt Almaraz was videotaped wearing the night of the deadly gunplay. May 5, Fredericks testified bolts of fabric are cut by lasers to ensure most of the fabric is used. By cutting the patterns in this manner, repeating patterns may not line up perfectly under one another. Defense attorney Rolf Kehne then asserted these patterns could only be sewed together in a finite amount of variations, leaving the uniqueness of this particular shirt up to debate. Monday, Fredericks stated the amount of pattern variations in a given area make the likelihood of two shirts with identical seams extremely low.   “It would be billions to one,” he said. This number, he said, only represented the probability of recreating the seams in the back of the shirt in a factory setting. Once the sleeves of the shirt are added to the equation, the number goes much higher because the seams in the arms encircle a 180 degree angle. “It would have to be in the trillions,” Fredericks said. He then said the likelihood of this occurring naturally is low because most clothing manufacturers do not create enough of a particular item of clothing to satisfy the statistic — from a couple hundred to 5,000. He then said hundreds or thousands of items have numbered tags on the inside of the clothing that are associated with the season and year the clothing was manufactured, which helps to differentiate this particular shirt from others from a different time period. Fredericks also spoke about the surveillance tape taken at the Club 7. He used an arrow superimposed onto the computer screen to allow the jury to follow where each person near the altercation was at the time of the shooting. One of the people in the vicinity was Kenneth Hust, who was working security that night. On the stand, Hust testified he saw a flash, and Almaraz put a gun into the waistband of his pants. However, when Fruitland Police Officer Kent Sloan originally spoke with him, he created a seven-line witness statement that did not mention the gun. “I was scared,” he said. Hust said he did not know who was still in the bar and listening to his conversation with the Sloan. However, 15 minutes after he had filled out his first police report, he filled out a second one that contained the information regarding the flash and a weapon. Hust said Sloan assured him about his safety and the safety of his family, information that prompted him to be more forthcoming about what he allegedly saw the night of the shooting. Payette County Prosecuting Attorney Brian Lee then asked if there was anything unusual about Almaraz’s hands that night. Hust said Almaraz’s hands seemed to be darker than the rest of his body but could not say for sure if he was wearing gloves. Defense attorney Van Bishop then spoke to Hust. “You indicated you drank seven to eight beers and a couple of shots,” he said. “You indicated that was your normal and had no effect on you.” Hust agreed, asserting it would take a case of beer for him to become impaired. Bishop said a case contains 18 to 24 beverages. Bishop also said the amount of alcohol Hust consumed would put him well over the legal limit for driving while intoxicated. Bishop then played an audio conversation between Hust and police officer Sloan. “The problem I am having is if you’re right there, then the guy who shot this was right in front of you,” Sloan said on the audio. There was a pause. “He was?” Hust asked on the tape. Hust said he was confused by the question because in a drawing Sloan indicated the shooter was to his right rather than his left. Bishop said he believed Hust was focused on breaking up the fight rather than a shooter. “I saw the flash,” Hust said. Bishop continued to refer to the audio, asserting he believed Sloan was attempting to change Hust’s recollection. “He wouldn’t let you tell him,” Bishop said. “He kept interrupting you. If he didn’t like what you were saying he’d correct you.” Hust continued to repeat his testimony, which he continued today. After the jury left the courtroom on Friday, Judge Gregory Culet said he would rule on two issues brought before him by the defense. The first issue involved portions of testimony given by Idaho State Police Forensic Pathologist Dr. Glen Grobin. Kehne asserted testimony about blood was inaccurate and requested the defense’s own expert witness be allowed to take the stand. On Monday, Culet reserved his decision for a later date. He then spoke about the defense’s request for a mistrial regarding testimony of Fabian Mata. On Friday, Mata testified he saw a gun in Almaraz’ hand, while previous statements had indicated that he had not. Culet denied the mistrial request.