There are two issues here – one fight vs. two fights and whether or not Denny and Tony fist fought all the time.
There was no fight that night. Tony attacked Denny and Denny picked up an object and hit Tony in an effort to stop him. Plain and simple. So why did the news media get stuck on these brother’s fighting all the time? Why did the Prosecution and the Defense Attorneys use it at trial, even after the family explained that Tony fighting all the time didn’t necessarily mean it was with Denny?
Here’s the answer:
During Denny’s hour and a half interview with Sangamon County Sheriff ‘s Detectives he stated when the two brothers would drink, they would “fight”. This didn’t mean fist fight. This meant argue. This misconstrued word was used against Denny in his interview and at trial by the Prosecutors Jay Magnuson and Gray Noll. Now keep in mind Denny was intoxicated, because the Detectives sure didn’t keep that in mind.
Denny’s statement:
Sgt. Williams “What happens when you guys drink together?”
Denny: “We fight.”
Denny: “This is the second time he’s done it to me.”
Sgt. Williams: ” Second time today, Dennis?”
Denny: ” No second time in about a month.”
Det. Vose: ” But it wasn’t like you guys fought earlier and then calmed down, this was one incident?”
Denny: “One incident, now we got in a fight about a month ago, he broke my nose then.”
Denny further stated “He ain’t got a scratch on him but the one I hit with that canister.” So therefore while Tony was beating Denny, Denny didn’t punch, slap or kick Tony, he wasn’t able to. For example, the Prosecution’s forensic expert, David Carter, that was hired; requested DNA testing be done to blood stains found on Denny’s shirt sleeve to prove that it was impact spatter from Denny hitting Tony with the tank. The DNA came back as Denny’s blood, not Tony’s. Which proved Denny was blocking the punches Tony threw at him by trying to hold his hands and arms over his face as he was getting punched. Denny was on the floor curled into a ball as he tried to block the punches. He didn’t get in a defensive move before Tony went and laid on the couch and proceeded to attack Denny again. The forensic expert, David Carter, was wrong with his theory, in more ways then one, but that’s a whole ‘nother blog post. None of this was brought up at trial, guessing that Denny’s Trial Attorney, Michael Costello, didn’t feel it was important?!?!
Denny further stated in his interview that during the incident a month before that they had “been getting into it” over Tony beating his girlfriend up and her needing to be hospitalized. That’s when Tony punched him and broke his nose. “Been getting into it” doesn’t mean fist fighting, it means they were arguing over Tony beating his girlfriend up. Denny didn’t feel it was right that Tony beat his girlfriend.
The witness (who died from a health condition before trial) stated the two brothers argued that night and Tony “popped” Denny in the face 6 or 8 times. When the Witness was asked by Detectives if the brothers fought (not sure if that meant fist fight or argue) earlier in the day his response was “yea about 15 minutes ago“. This was at 1:30 in the morning and the police had only been there about 15 minutes before he was interviewed. The Witness was intoxicated also.
Trial
Denny and Tony’s family testified at trial that they didn’t fist fight all the time and that Tony could snap at any point on anybody.
The Prosecutor, Jay Magnuson said “This (fighting) has been going on for a long time, according to Dennis’ statement.” in the opening arguments at trial.
The Prosecutor, Gray Noll stated during the closing arguments that “Whatever fight there was, was over and by Denny’s own admission (meaning his statement) they fight, that’s what they do, they fight all the time. They get drunk, they fight. This was not unlike the thousand times that they fought before. This was just one more fight.”
“Thousand times before“? One sibling stated that the night this happened would have been the third incident between Tony and Denny. The second a month earlier when Tony and Denny fought over Tony beating his girlfriend up when Tony broke Denny’s nose and the first being forty years ago when Tony was drunk and punched another sibling. Denny jumped in to stop Tony.
The Detectives clearly misconstrued Denny’s definition of “fight” and the Prosecutors used it to their advantage. Seems the Detectives and Prosecutors are allowed to make things up as they go and establish a false history between these two brothers with no evidence to back it up. The jury believed it. That’s all that mattered to the Prosecutors.
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