The trial for a 25-year-old Hutchinson man on a charge of aggravated battery is in recess till Wednesday morning after the state indicated that one of their witnesses would not be available till then.
The case centers on Joseph Lewis becoming upset over a comment his mother made to him while they were arguing. He allegedly pushed her in a chair and then began punching her with both fist. It was estimated that it could have been as many as 10-to-15 times. The alleged crime occurring back on January 29.
The trial started with two officers testifying of their investigation of the incident. A DNA expert from the KBI, James Newman testified that blood found on the floor of the home on North Cleveland matched the DNA profile of the victim, something that was not contested by the defense.
The last witness of the day was the alleged victim. She testified that she and her son had gotten into an argument after he had gotten a haircut. She at some point ask him to leave and made some rude comments about wishing he was dead, or wishing she had an abortion when she was pregnant with him. She admitted she had been drinking that day.
He allegedly struck her on the left side of her face resulting an abrasion on her eye, fractures to her nose and forehead. She was initially taken to Hutchinson Regional Medical Center, then later to Wesley Medical Center in Wichita, but was never admitted at either location. She did see an eye specialist in Wichita a few days later. But, admits she has no scars from the altercation.
The defendant rarely looked at his mother during the testimony, in fact at one point was staring at the ceiling.
Judge Trish Rose sent the jury home early Tuesday afternoon, around 4 p-m, then told them to be back at 9 a-m, Wednesday.