Day 4: Reese's cell mate testifies in court

PORTER COUNTY, Ind. (WISH) - Compelling testimony Friday from a man who spent some time in a jail cell with a man accused of trying to kill an IMPD officer.

Gary Rees, no relation to Brian Reese, had the jury's full attention when he told them what Reese said about the shooting of Officer Jason Fishburn.

Rees and Reese were in a holding cell together awaiting court appearances in Marion County.

Rees testified that because of the similarity in their names the two struck up a conversation.

Rees said Reese had been in an isolation cell for 8 months without contact with any other inmates. Rees asked Brian Reese why and Reese said because he shot a cop.

Rees asked what happened and he claims Brian Reese told him he was running with his gun pointed backwards over his shoulder when he shot the officer.

Rees told the jury he told Reese that seemed unlikely then he said Reese told him that's what he is going to tell police happened.

Rees asked Reese what really happened and he said Reese told him he was running from police, went around a corner and waited for the police.

As soon as an officer came into view, he shot him. Rees testified that Reese told him he shot the officer once in the chest or vest and that spun him a little.

He said Reese told him he then shot him in the head.

When he asked Reese how he felt about shooting an officer Rees claims Reese told him, “He's just an expletive pig, expletive him.”

The defense called Rees a snitch. A few days after the encounter Rees wrote a letter to the judge in court saying he had information about the Brian Reese case.

The defense questioned Rees' motive saying he was a snitch trying to benefit by talking about Reese.

Rees said he had hoped for some benefit, but said it didn't work. The defense pointed out while the plea agreement had been worked out before Rees met Reese, the sentence had not been handed down.

The defense said Rees actually got less time in jail for that plea agreement than he had for other auto theft convictions.

The defense asked Rees if a suspect is supposed to talk about his crime to other suspects.

Rees testified that they all do, but that in murder or attempted murder cases they generally shouldn't.

The defense then asked to have the jury taken out of the courtroom and moved for a mistrial.

The prosecution is not allowed to mention that Brian Reese is a suspect in three homicide cases.

The judge denied the motion saying that Rees was speaking generally, not specifically about Brian Reese.

The trial is expected to wrap up early next week.