Jason Fishburn testifies in accused shooter's trial

PORTER COUNTY, Ind. (WISH) - The first day of testimony in the Brian Reese trial sparked some controversy.

Reese is charged with attempted murder in the shooting of IMPD officer Jason Fishburn.

Tuesday morning, Jason and his wife Tonya testified in court. But, rather than leave and go back home they decided to stay in the courtroom afterward.

A courtroom that is so small, the defense argues, just having Jason there will prejudice the jury against his client, Brian Reese.

Reese’s defense team admits Reese was fleeing from police on July 10, 2008 and that Reese had a gun without a permit.

The defense admits Reese seriously injured IMPD officer Jason Fishburn.

But it denies the prosecution’s contention that Reese was trying to kill Fishburn when he shot him.

In testimony Tuesday, Jason Fishburn told the jury he knows he is an officer and that he was shot.

His wife Tonya told them how Jason’s life and job have changed since the shooting.

Prosecutor Carl Brizzi said having the two of them on the witness stand puts a human face on the crime.

But the defense believes Jason’s face could prejudice the jury and said, "He’s clearly got noticeable injuries. He’s got some conditions that he can’t control. And I think in this serious of a case, I think it would hard to be jurors and sit there and not be prejudiced by the fact the victim of the case is sitting right next to you."

But Marion County Prosecutor Carl Brizzi isn't buying it.

"Jason is a victim of an attempted murder. They already conceded in their opening statement that he’s responsible for Jason’s injuries and Jason and his wife have every right to be in that courtroom," said Brizzi.

Judge Lisa Borges ruled the two can stay in the courtroom.

Other officers who were at the scene on July 10, 2008 took the stand Tuesday. More testimony is expected on Wednesday.