Last victim testifies in Palestra trial

Jeffrey Noble, 20, said he saw one of the defendants weilding a gun just before the fatal shoot-out. and Laura McClure One of the three people injured in last March's Palestra shooting testified yesterday that he saw defendant Kyle McLemore running with a gun just before the bloody shootout that left one man dead. "There was a male running across the street with a gun pointed," said Jeffrey Noble, 20, who was shot in the back while running from the chaotic scene near 33rd and Walnut streets last March 1. His friend, 22-year-old Anthony Davis of North Philadelphia, was killed in the incident. McLemore and Nathaniel Ortiz, both 21, are on trial for murdering Davis and shooting Noble, passerby Latisha Ferebee and then-Penn senior John La Bombard after the Philadelphia Public League's championship game at the Palestra. "I seen a lot of people's faces but only Kyle's with a gun," Noble testified. During opening statements on Monday, Charles Peruto, McLemore's attorney, maintained that his client did not have a gun and challenged Philadelphia Assistant District Attorney Jude Conroy to prove otherwise. Conroy said yesterday that he remained confident that both defendants would be convicted. "I don't have to prove or disprove Peruto," he said. "I'm confident in [McLemore and Ortiz's] guilt on these charges. [Peruto] can prove the moon is made of cheese -- his points are not the focus of the trial." During cross-examination, Peruto asked Noble about several minor inconsistencies between his testimony and his original statement to police in order to undermine his credibility. Ortiz's attorney did not question Noble because Noble did not refer to Ortiz in his testimony. An earlier prosecution witness testified that he saw Ortiz holding a "black object" by his side at the time of the shooting. Conroy confirmed yesterday that he still plans to seek the death penalty if he wins convictions. The prosecution is scheduled to rest their case today. The defense may or may not present its own case, according to Conroy. The jury is expected to begin deliberations Friday morning after being instructed on the law by Philadelphia Common Pleas Judge John Poserina. The trial will continue today in room 1002 of the Criminal Justice Center at 13th and Filbert streets.

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