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01/23/2007 12:00 PM

Openings statements begin in Pitonyak trial

By: News 8 Austin Staff

Testimony began Tuesday morning on the second day of Colton Pitonyak’s murder trial. Pitonyak, 24, is accused of murdering 21-year-old Jennifer Cave in August 2005.

In opening statements, the defense claimed the shooting was an accident. Defense lawyers said they will also call a memory loss expert to testify about the impact drug use had on what Pitonyak can recall.

Police affidavits show that Cave and Pitonyak were acquainted and had been on a dinner date near the time of the murder. Cave's mutilated body was discovered by her stepfather in the bathtub of Pitonyak’s West Campus apartment.

Cell phone records traced Pitonyak to Piedras Niegras, Mexico, where he fled with another woman, 22-year-old Laura Hall. She’s charged with hindering apprehension, a third-degree felony.

Hall told investigators in 2005 that she was in love with Pitonyak and she said she traveled willingly with him to Mexico but disavowed any knowledge of the murder.

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In his opening statement Tuesday, defense attorney Sam Bassett said Pitonyak will testify.

"Colton Pitonyak will tell you, there's no question in his mind, that gun was fired at his hands. He'll tell you he went to the hardware store in a drunken stupor, in some sort of a panic, coverup mode, probably encouraged by Ms. Hall. He's not going to blame Ms. Hall for his conduct after it. But he's also going to tell you there's no way I would have intentionally and knowingly killed my friend, Jennifer Cave. And that's why I'll ask you to find him not guilty of that charge," Bassett said.

Jury selection took place Monday. Ninety-three potential jurors were called, a high number for a first-degree felony trial. By mid-day, the jurors had been cut to 60. Eight men and six women, including two alternates, were chosen for the jury panel.

Pitonyak's trial is expected to last a couple of weeks. He could face life in prison if convicted.