Sep 16, 2008 10:25 am US/Eastern
Testimony Resumes In "Joe Cool" Murder Trial
MIAMI (CBS News) ―
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Jury selection begins Monday for the trial of Guillermo Zarabozo who is accused of taking part in the murders of a charter boat's captain and crew.
CBS4
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The Joe Cool, a miami-based charter boat found adrift off the coast fo Cuba 9/24, towed in 9/25/07. The crew ius missing, two passengers alive.
Devious kidnapper and murderer or victim of a kidnap plot himself?
Two very different sides were played out before a federal jury on Monday in the trial of one of the men accused of murdering the captain and crew of the Miami charter boat
Joe Cool.
During opening statements, Anthony Natale presented Guillermo Zarabozo, 20, as another victim of co-defendant Kirby Archer, 36, who he described as master manipulator who planned to hijack the boat and was ultimately responsible for the death of its crew.
"He was just as much a hijacking victim," Natale said of Zarabozo at the murder trial. "This is a case about how a cunning and devious man was able to quickly kill four people. That man was Kirby Archer."
Natale said Zarabozo didn't know that Archer planned to seize the boat and head for Cuba when they chartered it on September 22th, 2007. According to Natale, Zarabozo thought they were going to Bimini to take a security job Archer claimed to have with a CIA connection.
"He was a good kid. An honest kid," Natale said. "But he was also gullible and naive."
Assistant U.S. Attorney Jeffrey Tsai painted a very different picture of the pair. During his opening statement he said evidence will show that Zarabozo was part of the plot, including bringing aboard his 9mm Glock handgun and extra ammunition and clips. He went on to say that witnesses will testify about how the pair talked about "Plan B" when their original plot to steal a vessel didn't happen.
"About an hour into the trip, Zarabozo and Archer executed their Plan B. They hijacked the boat and they committed murder," said Tsai.
Archer, who's wanted in Arkansas on robbery charges, accepted a plea deal from prosecutors and admitted to participating in the murders of the Joe Cool crew. He said he shot and killed the Branams, but it was Zarabozo who killed Gamble and Kairy. In exchange for his guilty plea, he will not face the death penalty. Archer will be sentenced October, 2nd.
Zarabozo faces life in prison if convicted of four counts of first-degree murder, kidnapping, robbery and violations of maritime laws.
Jake Branam's uncle Jeff Branam, was the first witness to take the stand on Monday. He testified that he met both men the day the
Joe Cool departed for Bimini and questioned why they would pay $4,000 in cash for the 45-mile trip.
"Wouldn't it be better to fly over at a hundred bucks apiece?" Jeff Branam said he asked them.
Archer replied that their passports had been inadvertently packed by two girlfriends who were waiting for them in Bimini, Branam said. Investigators determined that was a lie.
After being reported as missing, the
Joe Cool was found out of fuel and adrift off Bimini, about 18 miles from Cuban waters. Archer and Zarabozo were rescued from the boat's life raft a few miles away. They originally told investigators that they were attacked by pirates. Another lie.
During the trial, Zarabozo is expected to take the stand in his own defense. He's expected to testify that Archer committed all the murders, that he wasn't aware of the Cuba hijacking plot and that he went along with the story about an attack by pirates because he feared Archer would kill him as well.
While investigators have not recovered the murder weapon or any fo the crews bodies, they did find four 9mm shell casings on the boat. They theorize that Archer wanted to go to Cuba to escape Arkansas investigators.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)