Accomplice of judge shooting suspect offers damaging testimony

On the second day of testimony the 911 call was played and a key witness fingers suspect Kevin Smith.

A damaging day of testimony for Kevin Smith, the man accused of shooting federal Judge Terrence Berg.

Anita Sevier, the wife of Berg recalled the terrifying night her husband was shot outside their Detroit home in March of 2015.

The 911 call was played in court Wednesday: "Andrew, Andrew, help, help - Terry's been shot," said his wife Anita on the call. " ... I don't know what happened, they just ran up and shot him."

Also Wednesday, Berg was back on the stand, his second day of testimony in this trial for Kevin Smith - the man accused of shooting him during a robbery attempt.

Defense attorneys pointed out Berg couldn't really see his attacker and didn't pick Smith out of a line-up.

Attorney: "You did not pick No. 4 being Kevin Smith, isn't that correct, sir?"

"Yes," Berg said.

But prosecutors say Smith and other suspects were involved in a string of robberies for months - one of the other suspects who cut a deal, testified against Smith.

"He tried to get him to go in the house I believe and the victim refused," the witness said. "The victim refused and that's when he shot him."

Attorney: "Did you see the defendant shoot the victim?"

"Yes sir," the witness said.

Testimony resumes Thursday.

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