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The all-white jury retired to deliberate the fate of defendant Shawn Berry, who could face the death penalty if convicted.

In closing arguments, the prosecution, which has struggled to find a credible motive for the crime, positioned Berry as something worse than a racist. "There were three people involved ... that night," said Assistant District Attorney Pat Hardy. "Of the three people involved, [Berry] was the worst of the bunch."

Convicted co-defendants Bill King and Russell Brewer may have had twisted, abhorrent beliefs, he continued, "but at least they believed in something. Shawn Berry did it for nothing but the fun of it."

In his closing arguments, defense attorney Lum Hawthorn sought to assure the jury that it was not responsible for removing the stain of the infamous hate crime from Jasper's collective conscience.

"There is no need to convict Shawn Berry to serve justice," he told the attentive jury. "Justice has been served in this case. James Byrd's murder has been avenged. Two people have been convicted and given the death sentence. For justice to be served [again], you must return a verdict of not guilty."

By East Texas standards, Berry is a standard-issue guy next door: A drunk-driving, mud-hogging, girlfriend-slapping rowdy willing to think the best of others -- his racist friend King in particular -- because of his massive, much-maligned heart of gold. Or so reads the final defense script after the testimony of 22 witnesses -- including Berry and 16 people who vouched for his kind, if cowardly, nature.

Before a jury of seven men and five women, Berry took the stand in his own defense Tuesday. Berry's defense hinged on the claim that he's a guileless, scared-rabbit sidekick who became trapped on a ride that started out as a small-town chick-cruise and rapidly degenerated into a brutal hate crime. Berry claims that only after the ride to the woods was well under way did he begin to suspect that maybe the trip was something more sinister than the average Saturday night mud-hog session spent driving the dirt logging roads running deep through the piney woods ringing Jasper. Even when King began spouting off about "scaring the shit out of this nigger" and "whooping his ass" Berry, who had known the ex-con for years and lived with him for a month or so, says he never thought anything bad would happen.

"I didn't think anything of it," a pallid Berry said after defense attorneys called him to the stand. "Anytime Bill King has ever said anything [like that], he hasn't gotten near the person. Never."

When the evening of carousing degenerated into a full-blown nightmare -- replete with race-hating, life-threatening rednecks giggling over the specter of a headless black body careening wildly down the highway after their truck -- Sean wilted in horror, the defense argued. He stood by and helplessly watched as his two friends tore a terrified Byrd from the front seat of his truck and began to beat and stomp him into unconsciousness.

When asked why he didn't do anything more to stop the beating, Berry had no answer. "I couldn't," he said. "I couldn't move. I've never been in a position before where I couldn't move, but I couldn't move."

Next page | "Just being there made me guilty"