By John McCann

jmccann@heraldsun.com; 419-6601

DURHAM -- The lawyers involved in Thaddius Wright's retrial told jurors during their selection process that what they'd see during the proceedings wouldn't exactly be like that seen on crime dramas on TV.

But there was some acting going on Wednesday when Durham police investigator Art Holland reprised the role of shooting victim Rueben Garnett Jr. Garnett was shot when men kicked in the door of the Foxfire Apartments unit in northern Durham where he was on Nov. 17, 2004.

Having appealed a prior conviction, Wright, 27, is on trial again for assault with a deadly weapon inflicting serious injury with intent to kill and first-degree burglary.

While Garnett testified during Wright's first trial, he's been uncooperative this go-round, both Holland and Assistant District Attorney Stormy Ellis said. So, over the objection of defense lawyer Woodrena Baker-Harrell, Superior Court Judge Cressie Thigpen Jr. allowed transcripts of Garnett's prior testimony to be read to jurors. Holland read Garnett's part, and Ellis and Baker-Harrell -- who were in the same courtroom roles during Wright's first trial -- reprised their lines.

"Your honor, at this time we'll call Rueben Garnett to the stand," Ellis read.

Deputy clerk Keshia Perry-Foxx actually swore in Holland. Thigpen had instructed jurors to act as if Garnett was testifying in person.

According to the transcript, Garnett was incarcerated on drug charges at the time he testified. Even then he was defiant about testifying and indicated he wasn't going to say anything. But he did.

Garnett talked about being awakened at the would-be crime scene by kicks to the door of the apartment and yells that suggested the police were out front. He went to the door and was shot several times.

Akeisha Judd was sworn in and told jurors about being in the apartment where her dog, Jigger, had been barking all night. Her quadriplegic boyfriend lived there, and he and Garnett are cousins, said Judd, who also heard kicking at the door and shouts that seemed to indicate the police needed to get in.

And the gunshots penetrated the apartment, Judd said.

"One of those bullets killed my dog," Judd said. "He was at the foot of my bed."

The actual police showed up less than five minutes later, said Judd, who added that she knew after the shooting why Jigger kept barking.

"That's what he was trying to tell me the whole time," Judd said.

On cross-examination, Baker-Harrell asked Judd if she saw who broke into the house.

"No, I did not," Judd said.