Day 8 of Klein trial resumes this morning with jury to see autopsy photos

The trial of the man accused of killing Philip Rabadi resumed on Thursday.

Jacob Klein is accused of killing Rabadi at his New Scotland home in April 2022, then fleeing back to Virginia. He had once been in a relationship with Rabadi’s wife, investigators said.

On Wednesday, jurors were shown body cam video of his arrest that occurred two days after Rabadi was murdered.

Trooper Joshua Barner of the Tennessee State Police testified that he was given a “‘be on the lookout” for Klein’s vehicle on April 15, 2022, two days after Rabadi was killed.

Trooper Barner testified that he located the vehicle traveling into Virginia, where Klein lived, and when he drove behind it, Klein pulled over without Barner activating lights or sirens.

The video, taken from the body camera of Trooper Barner, showed police stopping Klein at the Tennessee-Virginia border, with guns drawn, ordering him to put his hands up.

“I know what you guys are here for,” Klein said in the video, adding he was planning to turn himself in. “Did they issue something on me or something?” he asked.

Police told him there was an active warrant out for him.

As officers usher Klein in the car, he told troopers, “I would never shoot a cop.”

Prosecutors also showed video from the back of the trooper’s patrol car. In the video, Klein sat in silence shaking his head, sighing and at one point rolled his eyes as he fidgeted around in handcuffs.

After the video played, he objected saying the silence could be prejudicial and be misconstrued as a “guilty conscience.” Klein made a motion for a mistrial, and it was denied.

Also in court Wednesday, an investigator testified that a test for presumptive blood turned up positive on the door frame of Klein’s rental truck. 

On cross-examination, Klein, who is representing himself, asked whether the sample was confirmed as blood at the lab. It was negative for blood, the witness said.

So far, prosecutors have not connected any blood or DNA between Klein and the crime scene.

There was also a back and forth about autopsy photos. Klein wanted Rabadi’s eyes redacted from the photos. He believed they are prejudicial and inflammatory for the jury, he said.

Judge William Little is allowing Rabadi’s eyes to be covered up in several photos. Those photos have not yet been shown.

Later in the afternoon, the jurors were shown photos from the front yard of the crime scene. Investigators found two discarded cigarettes, a chewed piece of gum and some cash.  The burnt cigarettes and the gum were sent off to the State Police laboratory for analysis.

On cross-examination, Klein asked the Albany County Sheriff’s investigator if the money was sent off to the state laboratory for forensic analysis. He said he didn’t believe so. When asked why not, the investigator said the laboratory made the decision of which evidence to analyze.

Police also testified as to what was found in Klein’s car and home. Investigators recovered two guns they said were legal and two knives, one a longer machete-style knife.

Prosecutors have made no mention of a murder weapon so far.

Testimony will resume Thursday morning at 9:30 a.m.

NewsChannel 13 is following this trial at every step. We will bring you updates on WNYT.com and our later newscasts.