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Nicolae Miu trial-Day 5: Miu's friend says he asked defendant to bring knife to the river

Ernesto Torres, who calls the defendant his best friend, told jurors his group knew nothing of the stabbing and said it was the first time he saw Miu scared.

HUDSON, Wis. — A man who calls Nicolae Miu his "best friend" took the stand in the trial to determine whether Miu is innocent or guilty in the death of a teen and the wounding of four others on the Apple River in July of 2022. 

Due to challenges with witness availability due to the prosecution being ahead of schedule, the defense began calling its key witnesses Friday. Among them was Ernesto Torres, who told jurors through an interpreter that he met Miu at work 10 years ago and has since become close to the defendant, calling him "my best best friend" after taking the stand late Friday morning. 

Torres testified that Miu is known in their circle as a handyman with a knack for fixing things around his home, and those of his friends. Torres said he called Miu before the river trip and asked him to bring his knife, for the purpose of cutting rope to tie their tubes together. "I don't have one," he told the courtroom. 

"Who's the guy who tends to have a pocket knife in your group of friends?" asked defense attorney Aaron Nelson. 

"Nic," replied Torres. 

When asked about Miu's character, Torres agreed that his friend has a character of peacefulness, and said there was no reason to worry about Miu having a knife while on the river. 

Torres testified that the group was floating down the river when one of the tubers, Ariel Chaguez, dropped his phone in the water. He says at that time, Nicolae Miu took his mask and snorkel and began to look for it. He didn't realize Miu had encountered another group and became engaged in a confrontation until Miu's wife Sondra told the group, "Nic is in trouble." 

"I looked down where people were, and I saw Nic in the water," Torres recalled for the jury. "I stood up, and tried to get there. He was in the water, and there were people around him."

When asked how many people there were around his friend, Torres responded " I don't know, maybe there were 10, 15, I don't know." He testified that people were yelling at Miu, "but didn't see anyone hit him." He tried to get over to help his friend but lost his shoes in the river. 

Torres said he told Miu to come back to the group and he eventually did, but with someone from the other group following him. Torres said that person approached and pointed at him, and he yelled, "stay there, stay there, stay there" in an effort to stop the trouble. 

When Miu got back to the group, Torres said he was pale and looked worried and wide-eyed, even scared. When asked by Nelson if he looked like he was in shock, the witness said yes, and offered that he was worried about him. 

Torres insisted no one in the group knew what had happened during the altercation, and had no idea anyone had been stabbed. He testified that their crew stayed in their tubes right near the scene of the altercation for an estimated 30 or 35 minutes before floating off down the river. 

When the reached the river exit, Torres said he saw a number of police officers. When the group got out, he said an officer approached. "One of them came and said "he has to come with us." We didn't know why they detained him, we didn't know what had happened." 

On cross-examination, the prosecution began poking at inconsistencies between Torres's testimony and what he told police immediately after the incident. Prosecutor Karl Anderson showed the witness still images taken from video that showed him and Miu in the process of walking back to their tubes, and noted that there was no one following the men or pointing at Torres as he testified. 

After Torres left the stand, St. Croix County District Judge R. Michael Waterman asked the jury to leave the courtroom and called in a group of potential witnesses who had been waiting outside. Judge Waterman told the witnesses he had been informed someone had been watching a livestream of the trial, and admonished them that doing so was not OK. "We don't want your memories to be tainted by something you might see or hear at this trial," Waterman said. 

The next witness for the defense on Friday was Ariel Chaguez, the man who dropped his phone in the water and was part of Miu's tubing group. Chaguez testified through an interpreter that Miu's wife told him that Miu was in trouble and he started walking over to him on the river.  Chaguez said he saw Miu being bullied by a group of young people and they were hitting Miu knocking him in the water.

 Friday's final witness to take the stand was Amber Lind, the DNA Analyst for the Wisconsin State Crime Laboratory.
She testified to the prosecution about how she developed DNA profiles of the stab victims and connected it to Miu's knife.
The defense team asked Lind questions about the testing of DNA on Miu's back.

The trial adjourned for the weekend and it will resume Monday at 8 a.m.

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