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duces tecum a certified copy of the protective order denying Berry contact with his son. Counsel
for Pearson initially contended that the protective order was relevant as evidence of Berry’s
character in support of Pearson’s claim that he shot Berry in self-defense. In response, the
Commonwealth moved to quash the subpoena alleging that the protective order would be both
inappropriate and inadmissible as character evidence. The trial court subsequently granted the
Commonwealth’s motion to quash the subpoena.
At trial, over Pearson’s objection, the Commonwealth introduced in evidence a video
recording of Pearson’s first interaction with Berry on December 27, 2019, which the
Commonwealth had redacted to exclude any mention of the protective order against Berry. Pearson
further objected to the redaction based, in part, on his contention that the protective order was
“probative and relevant and material.” Pearson also clarified that he did not intend to use the
protective order as evidence of Berry’s character, but rather to show “the quantum of evidence that
Sergeant Pearson had when he did what he did.” The Commonwealth also entered in evidence
statements made by Berry claiming to have sole custody of his son. In response, Pearson renewed
his request to permit the protective order to be entered into evidence, claiming that the
Commonwealth had, by entering Berry’s claims to having sole custody of his son, opened the door
to permit impeaching Berry’s statements through entry of the protective order that refuted those
claims. The trial court again denied Pearson’s request, holding that since Berry’s credibility was not
at issue, the protective order was not relevant. The Commonwealth subsequently rested its
case-in-chief, and Pearson moved to strike the Commonwealth’s case. The trial court denied his
motion.
During Pearson’s case-in-chief, he called Newport News Master Police Officer Wilbur
O’Berry (“Officer O’Berry”) as an expert witness on the use of tasers and taser training. In addition
to educating the jury about tasers and their use, Officer O’Berry explained that he had analyzed the Jump to an indexed page (18 of 18)