At the trial this week, prosecutor Craig Morgan laid out the case against Heben. Two Bath police officers testified they were in the parking lot near where the shooting supposedly happened at the time it was supposed to have happened and noticed nothing out of the ordinary for a busy friday afternoon (like everybody else in the plaza at the time). There was no evidence of a shooting (shell casings, blood, shattered glass, anything) when they later analyzed the scene. A third officer who was posted on the route Heben said he took while following the shooters testified he didn't notice the cars or any sort of chase. His cell phone records put him elsewhere at the time of the shooting. Surveillance video along the route Heben said he took didn't pick up either car. Surveillance footage at the Bath safety center showed he arrived from a different direction than he said he did. Heben couldn't recall the make and model of the car from which the alleged shooters supposedly shot nor any part of its license plate.
The jury featured one woman visibly sleeping or resting her head in her hands with her eyes closed for a significant portion of Tuesday's deliberation... It also featured the president of an Akron car dealership (who didn't raise his hand during jury selection when asked if anybody had heard of Chris Heben.