Brother of murder defendant testifies that accused ‘were acting happy and normal’

Thursday, June 9, 2011

Testimony: Accused acted ‘happy’

The brother of murder defendant Jon Tyrell Banks testified Thursday that he drove Banks to an apartment complex on Bluff Springs Road in Southeast Austin hours before strip club patron Elmore Allen was found dead there last year.

Ricky Epps said that after he parked at the front of the complex, his brother walked deeper into the complex before returning about 3½ minutes later with his girlfriend, Jessica Krause-Patterson.

While they drove home, Banks asked Epps to pull up to a garbage pail so he could throw out something from Krause-Patterson’s bag.

“They were acting happy and normal,” Epps testified.

Banks, 23, and Krause-Patterson, 20, are being tried together on aggravated robbery and murder charges in the death of Allen.

Prosecutors say Krause-Patterson, who worked at Hot Bodies Gentlemen’s Club, lured Allen, a customer, to the apartment complex where Banks was waiting so the pair could rob Allen, who was found dead there the next day.

[ David Frank, one of Banks’ lawyers, told the jury during opening statements that Banks punched Allen to defend Krause-Patterson from Allen’s aggressive behavior after Allen agreed to give Krause-Patterson a ride home. Frank said that Banks did not intend to kill Allen. ]

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