Victim, witness testify in shooting trial

Another witness was called to testify yesterday about their opinion of the character or reputation of a Juneau man shot last December in the valley. This was to establish the state of mind of Kenneth Nalan who allegedly pulled the trigger, wounding John Duran.

Nalan’s brother-in law John Day admitted that he was so drunk that he remembered little of the night of the shooting at the home on Glacierwood Drive.

“I haven’t really thought about it,” said Day. “I’ve tried to piece it together, but I can’t remember anything.”

With the jury later absent from the courtroom, Day described various instances which Duran apparently boasted or told of an alleged robbery attempt, an assault, and even a supposed homicide. It could establish what Nalan may have been thinking or feeling later that night about having a much bigger and intimidating person in his bedroom if it was repeated in front of Nalan on the night of December 20, 2011. But Day, also friends with Duran, seem to change his story later on the stand and said he couldn’t really remember when the jury and Duran were both back in the courtroom.

Judge Louis Menendez (left), defense attorney Eric Hedland (back to camera), and District Attorney Dave Brower (center right) hold a bench conference as witness John Day (far right) waits to continue with his testimony. Photo by KTOO News.

Shooting victim and prosecution witness John Duran also testified, detailing how they talked, drank a little beer, smoked weed, and went to Nalan’s bedroom to listen to music and play guitar on that night. But he couldn’t remember how he got shot or much of anything afterward.

“I remember waking up asking Ken Nalan about how this happened,” said Duran. “And he said I threatened him, and I called him a liar.”

Duran says the bullet from the fired .357-magnum entered beneath his left eye, went under his nose and exited underneath his right eye. Duran says he has a metal plate essentially as an upper right cheekbone that always hurts. He says he has little feeling on the skin there.

John Duran demonstrates where a bullet exited his face during the shooting on December 20, 2011.

Duran denied most of the stories repeated about him, his supposed nine years experience in the martial arts and frequent slap-sparring, and involvement in the alleged homicide.

Proceedings got off to rocky start yesterday morning. One of the fourteen jurors was eventually excused after writing a note to the judge. She reported that another potential juror, very early in the juror selection process, commented that he thought Nalan was a “hothead.” He was not selected for the jury, but the note-writing female juror said she remembered the offhand remark after Day’s fiance testified Wednesday about Duran’s character. It’s unclear if anyone else in the jury pool heard the judgmental remark. After a prolonged inquiry by Nalan’s attorney – including a session that was closed to the media and the public – the female juror was gone and the jury was down to thirteen.

Testimony is expected to continue through Friday.

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