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Woman: 1 defendant kicked stabbing victim

Partygoer testifies she saw Bittner attack Floriani while he was on floor bleeding

Published: Tuesday, July 29, 2008 at 3:41 a.m.
Last Modified: Tuesday, July 29, 2008 at 8:01 a.m.

A young woman who attended a party where a 21-year-old Analy High School graduate was stabbed to death in December testified Monday that she saw one of three men charged with his murder kicking him as he was on the floor.

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Benjamin Floriani

PD FILE

But Heather Truelock, 21, said she didn't see who stabbed Benjamin Floriani before he went down, nor did she see the other two defendants do anything to Floriani.

Matthew Timothy O'Day, 20, Donald Blake Bittner, 20, and Alex Paul Hopper, 20, face charges in Floriani's slaying Dec. 15 at a party at a west Santa Rosa townhouse.

Truelock said she saw Bittner, who is the brother of one of her good friends, kick Floriani after he'd been stabbed and as he was on the floor bleeding. She said she didn't see who stabbed Floriani.

Her testimony came at the start of the third week of a preliminary hearing for the three men. They have pleaded not guilty and are being held at Sonoma County Jail.

A fourth defendant, Noah Minuskin, 19, is charged as an accessory and is free on bail. He waived his preliminary hearing.

Before the hearing took a two-week break, in testimony several young adults and teenagers gave varying descriptions of what happened at the party, which included heavy drinking, marijuana use and at least two minor disturbances.

In the final and largest fight, Floriani was stabbed to death and at least two others were injured in what had become a confusing brawl, witnesses said.

Truelock testified Monday that she heard someone scream, "He's bleeding! Grab a towel," as she stood in the kitchen of the small townhouse.

She said she turned on a light, saw Floriani on the floor and left the townhouse with another friend -- stepping over the bleeding body of another young man on the way out.

Truelock, in an account similar to those offered by several other young witnesses, testified that she drank more than a half-bottle of vodka and smoked marijuana two or three times that night before violence broke out. She said the party was crowded, and the main illumination was from a strobe light.

During court Monday afternoon, a young woman apparently connected to Minuskin was asked to leave the courtroom after Truelock said the woman called her two crude names during a break.

Judge Ken Gnoss warned the woman she could face felony witness intimidation charges or be held in contempt of court if the allegations were true.

O'Day, Hopper and Bittner could face potential life prison terms if convicted. After the preliminary hearing concludes, Gnoss will determine if prosecutors have shown enough evidence to proceed toward a trial.

O'Day is a younger brother of Patrick O'Day, a Marine who in 2003 became the first Sonoma County serviceman to die in the war in Iraq. Another brother, Rory, 18, was arrested but wasn't charged in the case.

Floriani was studying business at San Francisco State University and had made the dean's list in 2006. He had a minor criminal history in Sonoma County and was on probation for drunken driving at the time of his death.

Hopper and Bittner also were on probation at the time, and Bittner has two felony cases pending.

Witnesses testified that Floriani brought a loaded gun to the party and had shown it to friends earlier in the evening.

One witness who hasn't yet been called to testify reportedly has said someone pointed a gun in his face at the party before the fatal brawl broke out.

Prosecutors have several young adults who may still be called to testify, which could prolong the hearing several weeks.

Contact staff writer L.A. Carter at 568-5312 or lori.carter@pressdemocrat.com.

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