Opposition Brief — South Carolina v. Gathers

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IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 198%

NO. 88-305

STATE OF SOUTH CAROLINA,

Petitioner,

EDITOR'S NOTE

DEMETRIUS GATHERS,

THE FOLLOWING PAGES WERE POOR HARD COPY

AT THE TIME OF FILMING. IF AND WHEN A

BETTER COPY CAN BE OBTAINED, A NEW FICHE

WILL BE ISSUED.

| BRIEF IN OPPOSITION TC

PETITION FOR WRIT OF CERTIORAR?

Respondent.

WILLIAM ISAAC DIGGS

Chief Attorne”

oc rh

QUESTIONS PRESENTED

Se Whether the Court should deny the Petition because

the South Carolina Supreme Court vacated Respondent's death

sentence pursuant to an adequate and independent rule of

state law?

Il. Whether the Court should deny the Petition because

the South Carolina Supreme Court correctly interpreted the

Eighth Amendment in vacating Respondent's death sentence?

TABLE OF CONTENTS

Grin

ee. „

TABLE OF AUTHORITIES

CASES

Booth v. Maryland, 482 U.S. __, 108 S.Ct. 1860,

100 rd KAP

Eddings v. Oklahoma, 455 U.S. 105, 102 S.Ct. 869,

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International

vis, . " .

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Mills v. Maryland, U.S. __, 108 S.Ct. 1860,

d- a 5 0 87 ; 1 — B

Zant v. Stevens, 462 U.S. 862, 103 S.Ct. 2733, 2743,

77 L.¥d.2d 73

IIc

State v. Allen, 266 S.C. 468, 224 8. E. 2d 881

State ». Gaskins, 284 S.C. 105, 326 S.E.2d 132,

cert den., 471 U.S. 1120, 105 S. ct. 2368,

State v. Gathers, 8. C.. 369 8. F. 2d 140

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CONSTITUTIONAL PROVISIONS:

Eighth Amendment to the United States

. 060606686686666600060000060088

Fourteenth Amendment to the United States

a err ee §06640666050066068666

PAGES

8,9,10,11

7,8

IN THE

SUPREME COURT OF THE UNITED STATES

October Term, 1985

No. 88-305

STATE OF SOUTH CAROLINA,

Petitioner,

DEMETRIUS GATHERS,

Respondent.

BRIEF IN OPPOSITION TO

PETITION FOR WRIT OF CERTIORARI

OPINION BELOW

The opinion of the South Carclina Supreme Court is

reported as State v. Gathers, $.c. „ 369 8. E. 2d 140

(1988), and is reproduced in Appendix A to the Petition for

Writ of Certiorari on Pages 32 through 48.

JURISDICTION

The Court lacks jurisdiction because the South Carolina

Supreme Court relied upon state law principles regulating

the content of closing arguments in vacating Respondent's

death sentence.

CONSTITUTIONAL PROVISIONS INVOLVED

If any constitutional provisions are involved,

they are, as Petitioner notes, the Eighth and Fourteenth

Amendments to the United States Constitution.

STATEMENT OF THE CASE

During the guilt-innocence phase of the trial,

various religious artifacts and other items found scattered

about the crime scene were introduced into evidence by the

prosecution. [Tr. pp. 565-567; Tr. pp. 784-787). The

victim's mother identified these items as her son's and

testified to his religious beliefs and history of mental

problems. [Tr. pp. 561-563).

In his sentencing phase closing argument, the

Solicitor used this evidence as a springboard for specu-

lation about the victim's character and beliefs, with the

argument drifting further and further away from evidentiary

support, concluding with the advancement of the Solicitor's

own ideas about the victim as an adequate justification for

the death penalty:

[Tou will have the exhibits to think

about what happened out there. You will

have some exhibits in there that will

tell you, tell you what your decision

must be in this case, although it's not

pleasant. We know from the proof that

Reverend Minister Haynes was a religious

person. He had his religious items out

there. This defendant strewn’ them

across the bike path, thinking nothing

of that.

Among the man cards that Reverend Haynes

had among his belongings was this card.

It's in evidence. Think about it when

you go back there. He had his religious

items, his beads. He had a plastic

angel. Of course, he is now with the

angels now, but this defendant Demetrius

Gathers could care little about the fact

that he is a religious person. Cared

little of the pain and agony he inflict-

ed upon a person who is trying to enjoy

one of our public parks.

But look at Reverend Minister Haynes“

prayer. "Dear God, help me to be a

sport in this little game of life. I

don't ask for any easy place in this

lineup. Play me anywhere you need me.

I only ask for the stuff to give you one

hundred percent of what I have got. If

all the hard drives seem to come my way,

I thank you for the compliment. Help me

to remember that you won't ever let

anything come my way that you and I

together can't handle. And help me to

take the bad break as part of the game.

Help me to understand that the game is

full of knots and knocks and trouble,

and mae me thankful for them. Help me

to be brave so that the harder they come

the better I like it. And, of God, help

me to always play on the square. No

matter what the other players do, help

me to come clean. Help me to study the

book so that I'll know the rules, to

study and think a lot about the greatest

player that ever lived and other players

that are portrayed in the book. If they

ever found out the best part of the game

was helping other guys who are out of

luck, help me to find it out, too. Help

me to be regular, and also an inspira-

tion with the other players. Finally,

of God, if fate seems to uppercut me

with both hards, and I am laid on the

shelf in sickness or old age or some-

thing, help me to take that as part of

the game, too. Help me not to whimper

or squeal that the game was a frameup or

that I had a raw deal. When in the

falling dusk I get the final bell, I ask

for no lying, complimentary tombstones.

I'd only like to know that you feel that

I have been a good guy, a good game guy,

a saint in the game of life."

Revered Minister Haynes, we know, was 3

very small person. He had his mental

problems. Unable to keep a regular job.

And he wasn't blessed with fame or

fortune. And he took things as they

came along. He was prepared to deal

with tragedies that he came across in

his life.

And there has been some talk about this

being a tragedy. Well let's get one

thing straight. This isn't a tragedy.

Tragedy is a birth defect, something

over which we have no control. This is

an atrocity. This was a willful,

premeditated act of this defendant, who

in Charleston County, on our shores, in

this country, took with the most eager

pleasure the life of another in the most

ruesome, hard to describe and hard to

elieve circumstances. The appropriate

punishment in this case is death.

You will find some other exhibits in

this case that tell you more about a

just verdict. Again this is not easy.

No one takes any pleasure from it, but

the proof cries out from the grave in

this case. Among the personal effects

that this defendant could care Little

about when he went through it is some-

thing that we all treasure. Speaks a

lot about Reverend Minister Haynes.

Very simple yet very profound. Voting.

A voter's registration card.

Reverend Haynes believed in this commu-

nity. He took part. And he believed

that in Charleston County, in the United

States of America, that in this country

you could go to a public part and sit on

a public bench and not be attacked by

the likes of Demetrius Gathers. Weigh

the aggravating circumstances in this

case. Look at it very carefully.

Calmly, rationally.

Reverend Haynes believed that he could

come onto our public parks and sit and

be protected, that the law protected

him. That Demetrius Gathers would not

reign supreme on that public bench. And

he doesn't reign supreme. The law in

this case protects Reverend Minister

Haynes. The proper verdict, the only

verdict in this case, is death. Thank

you.

[Tr. pp. 1207-1211).

The victim and Respondent were complete strangers.

(Tr. 579]. The South Carolina Supreme Court vacated the

death sentence because the victim's character was unneces-

sary to an understanding of the circumstances of the crime"

and the closing argument "conveyed the suggestion [Respon-

dent] deserved a death sentence because the victim was a

religious man and a registered voter. 369 8. E. 2d at 144,

ARGUMENT I

The Court should not grant the Petition because

the South Carolina Supreme Court vacated Respondent's death

sentence pursuant to an adequate and independent rule of

state law.

The South Carolina Supreme Court has ruled as a

matter of state law that the victim's character, where

unrelated to the circumstances of the crime, is irrelevant

and prejudicial to the jury's assessment of an appropriate

sentence in a capital trial. State . Gaskins, 284 S.C.

105, 326 8. E. 2d 132, cert. den. 471 U.S. 1120, 105 S. ct.

2368, 86 L.Ed.2d 266 (1985). This prohibition applies to

references to character contained in the arguments of

counsel. State v. Reed, 293 S.C. 515, 362 S.E.2d 13 (1987);

State v. Bell, 223 S.C. 291, 360 S.E.2d 706 (1987); State v.

Allen, 266 S.C. 468, 224 8. E. 2d 881 (1976).

That the Court established this rule apart from

Eighth Amendment considerations is apparent from its appli-

cation in Reed and from the treatment of Gaskins and Booth

V. Maryland, 482 U.S. __, 107 S.Ct. 2529, 96 L.Ed.2d 440

(1987), in State v. Bell, supra. In Reed, the Court vacated

a death sentence because the Solicitor had described the

victim as a “beloved man in the community who was hardwork-

ing and had performed numerous acts of fairness and kind-

ness;" citing Bell, the Court identified its condemnation of

this argument as the specific application of elementary“

state-law principles: the final argument in the penalty

phase of a capital trial must be "carefully tailored so as

not to appeal to the personal bias of a juror, nor calculat-

ed to arouse his passion or prejudice," and it must be

“confined to the record and its reasonable inferences and

must focus on the characteristics of the defendant and the

nature of the crime." 362 S.E.2d at 16.

In Bell, the defendant claimed that the Solicitor

had impermissibly compared his “social worth" with thet of

his victim. 360 S.E.2d at 712. The Court proceeded to

analyze the argument under two rules of clearly independent

origin, the state-law rule addressed in Gaskins and a rule

derived from the Court's interpretation of Booth. Although

the argument was found to be permissible under both rules,

the Court's method of analysis clearly assumes as given that

its interpretation of the state-law rule is in no way

dependent upon what it perceives as the Eighth Amendment

concerns of Booth.

The same analysis informs the Court's decision in

the present case. While the Court does indeed find a

violation of Booth, subsequent discussion and the references

to Gaskins and Bell disclose that the Solicitor's argument

was additionally impermissible because of its inflammatory

nature and its irrelevance to the issues, a regulation of

argument founded upon state law. Perhaps the Court was also

troubled by the lack of adequate evidentiary support for

some of the Solicitor's observations.

This Covrt has no authority to review state court

determinations of purely state law, nor may it review

federal issues that can have no effect on a state court's

judgment. International Longshoremen's Assn., AFL/CIO v.

Davis, 476 U.S. 380, 106 S.Ct. 1904, 90 L. Ed. 2d 389 (1986).

In the present case, the Solicitor's closing argument in the

sentencing phase of the trial was held to have violated both

state law and the Eighth Amendment. But since the state-law

rule is not dependent upon Booth or the Eighth Amerdment for

its efficacy, the South Carolina Supreme Court's decision to

vacate Respondent's death sentence rests upon an adequate

and independent state-law ground.

ARGUMENT II

The Court should hot grant the Petition because

the South Carolina Supreme Court correctly interpreted the

Eighth Amendment in vacating Respondent's death sentence.

Dissents in Booth v. Maryland, supra, and Mills v.

Maryland, __ U.S. __, 108 S.Ct. 1860, 100 L.Ed.2d 384

1988), have questioned the correctness of excluding under

the Eighth Amendment evidence of the impact of the victim's

death upon his family and upon society as a whole: "I fail

to see why the State cannot, if it chooses, include as a

sentencing consideration the particularized harm that an

individual's murder causes to the rest of society and, in

particular, to his family." Booth, 107 S.Ct. at 2540

(White, J., joined by Rehnquist, C. J., O Connor, J., and

Stalia, J., dissenting). However, the continued viability

of Booth is not presented by the present case, because the

prosecution did not seek to introduce impact evidence or

argue it as justification for a sentence of death. On the

other hand, this is also not a case where, as incorrectly

represented by Petitioner, "the victim's slight build, his

open vulnerability by preaching to any person and his mental

problems, his location in the park with his religious items,

reflect the character of the defendant who made his choice

to attack his victim knowing these matters during the

attack." [Petition for Writ of Certiorari, page 22]. What

the record reflects is that Respondent and his co-defendants

selected a person they did not know randomly in the dark of

the night. ([Tr. pp. 579-581; Tr. pp. 889-893]. Contrary to

the Petitioner's claims, the South Carolina Supreme Court

did not interpret Booth to prohibit any reference to the

victim's character during sentencing, holding only that it

could not be argued as justification for a sentence of death

where it did not relate to the defendant's character or

circumstances of the crime. Cf., State v. Bell, supra, and

State ». Red, supra. The Court's problem with the argument

was no doubt compounded by the fact that several of the

Solicitor's claims were not supported by the evidence or its

reasonable inferences.

Regardless of references to Booth in the opinion,

the Court merely applied settled Eighth Amendment principles

to the closing argument. The Eighth Ameadment requires the

jury in the sentencing phase of a capital trial make an

“individualized determination" of whether the defendant in

question should be executed, based on the character of the

individual and the circumstances of the crime." Zant v.

Stevens, 462 U.S. 862, 103 S.Ct. 2733, 2743, 77 L.Ed.2d 235

(1983) (emphasis in original); see, also, Eddings v.

Oklahoma, 455 U.S. 105, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982).

To be sure, evidence that the victim's character

served as the basis for his selection by his killer could

reflect the defendant's character and the circumstances of

the crime. Standing alone, however, the victim's character

sheds no light on either of these concerns.

That the South Carolina Supreme Court understands

this distinction and has not (as Petitioner erroneously

claims) “fundamentally misconstrued" Booth is readily

apparent from the present case and from a comparison of Reed

and Bell. [Petition for Writ of Certiorari, page 17]. In

Reed, the fact that the victim was a “beloved man in the

community who was hardworking and had performed numerous

acts of kindness," 362 S. E. ad at 16, was correctly perceived

by the Court as irrelevant to the question of whether or not

the defendant deserved death or life, as the victim's

character revealed nothing about the defendant or the

circumstances of the crime. In Bell, the Court permitted

testimony about the victim's “moderately affluent lifestyle

and her plans for the future, 360 8. E. 2d at 712, finding

that these facts were “critical for the jury's understanding

of why [she) was in the various places she was on the day of

her abduction.” Id.

In the present case, like Reed, there was no

evidence of a nexus established between the character of the

victim and the defendant's character or the circumstances of

the crime, thet is, the former does not help to understand

the latter. The Solicitor's argument was correctly found to

be impermissible under the Eighth Amendment, not

spe.ifically the Court's interpretation of Booth. That

Amendment compels this result with or without recourse to

Booth.

CONCLUSION

Because the opinion of the Sourh Carolina Supreme

Court in this case rested upon an adequate and independent

rule of state law and the Court correctly interpreted and

applied the Eighth Amendment, the Petition should be denied.

Respectfully submitted,

—

Deputy Appellate Defender

South Carolina Office

of Appellate Defense

Suite 201, 1122 Lady Street

Columbia, SC 29201

ATTORNEY FOR RESPONDENT.

September 1 1988.

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1988

NO. 88-305

STATE OF SOUTH CAROLINA,

PETITIONER,

DEMETRIUS GATHERS,

RESPONDENT.

APPENDIX

PAGES A-1 THROUGH A-135

DOROTHY LOUISE HAYNES, being

first duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. CONDON:

Q. Hi, Ars. Haynes. Where do you live, please, ma'am?

A. I live in Ardmore, 1514 Balsam Street, in

Charleston.

Q. How long have you lived there?

A. Eight years.

Q. Eight years. And you live there with your husband,

Jesse Haynes?

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A. Yes.

Q. ow long have y'all been married?

A. Forty years

Q. Bow many children did you have?

A. Seven.

Q. And what number child was Ricky Baynes?

A. Fourth.

Q. Be was your fourth child?

A. (Nodding affirmatively)

Q. And he went to high school at Middleton, I believe?

A. Wallace and Middleton.

Q. Middleton. And where did he live in September of

last year?

A. Be lived in the north area on John Street.

Q. How long had he lived there?

A. Almost approzimately three months.

Q. Three months?

A. Oh-buh.

Q. And as I understand it he had some odd jobs in

September?

A. Yes.

Q. Didn't have regular employment?

A. No.

Q. And he had some mental problems, didn't he?

A. Yes.

so ow ayvwe ww’ Ww &

— —

— 08

Q. And he had been in and out of our mental hospital «

| few times?

A. Three times.

Q. Three times. When his troubles began -- when did

his mental troubles begin?

A. Approximately about two years.

Q. About two years ago?

A. Yes, wh huh.

Q. But you never had any problems with him in terms of

violence, did you?

A. No.

Q. And he -- directing your attention to September of

last year, on that Saturday night.

A. Yes.

Q. You saw him that Saturday, didn't you?

A. Yes.

Q. What time did he come to your home?

* Be came to my house about twenty minutes to nine.

Q. Twenty minutes to nine?

A. Oh hub.

Q@. And did he have anything with hig when be came to

visit you?

A. Yes, he had a bag, and he set it down in the...

Q. Now you called him Ricky, didn't you?

A. Ricky, yes.

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— &

— 8

Q. And he was 4 religious person, wasn't he?

A. Yes, be was.

. Tell us about that.

A. Be got saved about three years ago, before he got

really in this mental problem. And after that he got

sort of mentally disturbed -- I am sorry, before that --

and he came to the Lord, and he loved the Lord. ~

Q. Did he often carry his religious items ---

A. Be carry his religious item, his Bible; and he talks

to people all the time about the Lord.

Q. Be was sort of a4 preacher, wasn't he?

A. Yes, he was.

Q. And did he give himself a title?

A. Yes.

Ge Ca ec himself Reverend Minister?

A. Right.

¢. But he had no formal religious training, did he?

A. Ne, mot really.

. Did he dave a church?

A. Yes, be was at my church and also at Bethel

Pentecostal Holiness.

. Was be married or unmarried?

A. Onmarried.

¢. Dic you have any knowledge of hig being a homosexual

in any way?

A-«&

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A. No, he was not.

Q. And on that night you said he got to your home about

twenty minutes to nine?

A. Yes.

Q. How close is your home to the bike pathway?

A. I will say about probably five hundred yards.

Q. Very close?

A. Yes.

Q. Five hundred yards?

A. Yes.

Q. And did he have occasion on that night to leave?

A. Yes.

Q. About what time did he leave?

A. #e leave my house about -- it was about 10:15.

Q. At night?

A. Yes, uh huh.

Q. And did he say where he was going?

A. No. I tried to get him to stay, and he said he was

going. And ---

Q. Did you have the impression he was coming back cr:

going away? .

A. Yes. ze told me, said he was going but he wasn't

going home, so I thought well he would just go, like he

liked to wander around, and come back. That is what de

usually does.

4-5

564

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Did he take his belongings with him?

Yes.

Did he have occasion to refer to money in any way?

Well, yes, but he didn't have any that night.

Did you lend him some money?

Yes, I give him five dollars.

Was that five single dollar bills or one ---

No, it was one five dollars bill.

And, of course, he didn't come back that night?

No, he didn't.

And what time were you notified?

This was about three o'clock in the morning

Three o'clock? That would be Sunday morning?

Yes.

I want to show you a few items here. Your Honor, I

believe these would be basically without objection at

this point.

MR. KENT: That is true, Your Honor.

MR. CONDON:

State's Err: Sumber 7?

Yes.

Is that ---

All both.

And State's Exhibit Number 10?

Yes.

D fo vr Ss: we WN —

Q. These are Ricky's Bibles?

A. Yes.

MR. CONDON: Your Honor, I want to move these

into evidence at this time.

THE COURT: Admitted without objection,

appropriately marked, State's exhibit.

(Thereupon, the items previously marked as State's

Exhibits 7 and 10 were received into evidence.)

BY MR. CONDON:

Q. And, Mrs. Baynes, State's Exhibit Number 8, do you

recognize that?

A. Yes. That is olive oil, what he used to annoint

people and pray for then.

Q. Used to annoint people and pray for ther?

A. Yes.

Q. That is what Reverend Minister Baynes gas?

A. Yes.

Q. Be carried that with hin?

A. Yes.

Q. And State's Exhitit Number 9, which appears to te

sheet? Do you recognize that, Mrs. Haynes?

A. That is his.

Q. That is Ricky's sheet?

A. Yes.

Q. And he carried this with him on that night?

567

A. Well I didn't know what he had in the bag, but 1

know that is his things.

Q. I understand. So you didn't know what he had in the

bag when he was leaving ---

A. Right, I didn't know ---

Q. ~~~ Dut that was a sheet he would normally have?

A. Yes. Yes.

MR. CONDON: Your Honor, I would like to move

both of these into evidence.

THE COCRT: Admitted without objection,

appropriately marked, State's exhibit.

Thereupon, the items previously marked as State's

aricits §€ and 9 were rece:ived into er ze ce

BY @F. CONDCN:

— Ncw, zs. Sayres, der:. ect tse ze fer dz e,

sere 36 sathers?

A Ne gon'e

Re ANG yCur sen was thirty-cne years cf ase ---

A Yes

C “-- when he was 1122027

A. Tes.

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fir

MR. CONDON: Steven Bardrick.

THE COURT: Just a moment, Mr. Clerk. Are

there any persons in this room who are scheduled to

be called as witnesses in this case? If so, please

stand. (No response) Any persone in this room who

are scheduled to be called as a witness? If so,

please stand. (No response) Thank you.

MR. KENT: Thank you, Your Honor.

THE COURT: Go ahead, Mr. Clerk.

MR. CONDON: Your Honor, this nest witness is

Steven Hardrick.

ESDAVAN DUVAL HAPDRICE, being

st duly sworn, testified as follows:

DIPECT EXAMINATION

MP. CONDON:

Esdavan, they call you Steven, don't they?

Yes.

Your other nickname is Nice?

Yes.

Bow old are you?

Eighteen.

Eighteen. And before you were arrested what 2 you

Well, I went to school.

Where did you go to school?

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A. Saint Andrews High.

Q. What grade were you in?

A. Tenth.

Q. Tenth grade. And in this case you were charged with

murder and criminal sexual conduct first degree, weren't

you?

A. Yes, sir.

Q. What is the deal?

A. Well ---

Q. Speak up.

A. I pled guilty to what I did, was misprision of

felony, not reporting what I seen in time; end I pled

guilty to my charges under the Youthful Offender Act,

hoping that the Judge will sentence me to a Youthful

Offender Act.

. Boping, right?

A. Yes, sir.

. It's up to the Judge to decide?

A. Yes, sir.

2. Those other charges -- what charge was that, the

otber charger?

A. Burglary, the second degree, and grand larceny.

Q. Burglary second degree and grand larceny?

A. Yes, sir.

Q. What did you do?

~ fF YF f& Ww He

A- Well we broke into the Ninjiteu Arts, West Ashley.

— — — —

Q. West Ashley?

you did that?

A. It was back in June of 86.

And when was that? Do you remember when

Q. You were out on bond when you committed this other

crime?

A. Yes,

Q. All right.

A. Yes,

sir.

And that is the deal?

Q. In exchange for that you are testifying?

A. Yes,

Q. All right.

people here.

Dee Brown?

sir.

Bow do you know him?

Let's go through your relationships wits

Bow about Dyonzoria Brown, also «rowr as

A. I met him through sore friends. [I have (cer his

for about a year and a half now.

. A year and a half. All right. ce about zarde

Bayes?

A. Well we went to schocl together, middle screc and

bigh school.

Q. Be is a good friend of yours, isn't he?

Since the seventh grade.

A. Yes, he is pretty good friend.

Q. And this defendant here, Demetrius Gathers, alse

known as MiMi Gathers, how do you know hin?

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I set hie through some friends.

Bow long have you known hin?

Por about a year and a half.

All right. On -- I want to have you testify about

September 13th of last year. That was a Saturday. What

time did you get up?

About ten.

About ten?

(Nodding affirmatively)

And where did you live?

28 Oak Porest Drive.

Where is that?

West Ashley.

Who did you live with?

My grandmother and my aunt.

Your grandmother and your aunt?

(Nodding affirmatively)

What did you do that morning?

I stayed around the house and looked at T.V.

What time did you leave your house?

It wes about three, probably.

Three in the afternoon?

Yes.

What did you do then?

Well I went to one of my friend's house named Ron.

A-12

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And then we walked to the bike path where I met up with

Demetrius. And then from there we walked down to

Magnolia Road. That is where we met up with Zandell

Bayes. .

Q. So it was you, Demetrius, Zandell aad Ron?

A. Ron had left and went home.

Q. What time did he go home?

A. Well I will say it was about five then.

Q. What were y 11 doing, just bumping around, or what?

Q. Were you drinking?

Q. And Ron went home about five?

A. Yes. *

Q. Tell us about this bike path. Save you been on that

bike path before?

A. Yes, sir.

Q. What is it ine?

A. Well it's just a long bike path running from Wappoo

Road 211 the way down to Sighway 61. You know, people

jest eitber walk up down there, walk up or jog or ride

their bike.

Q. Bow far away is that bike path from your home?

A. Not very far. I live almost by Forest Park, and the

bike path is right nest to Forest Park.

A-13

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Q. <All cight. Five or siz o'clock what were you doing?

A. By siz o'clock, me and deset t ius and Zandell been

together, and we walked over to the park, Porest Park.

Q. Where is Porest Park?

A. That is located on Playground Road right next to the

bike path.

Q. Right next to the bike path?

A. Uh hub.

Q. What did y'all do there?

A. Well, we sat out on the park for a little while with

this other guy, and then from there we walked back down

to the bike path.

Q. What time was that?

A. I don't know. It was about 6:30 at this time, I

guess.

Q. What were you doing, walking?

A. Yes.

Q. Then what did you do?

A. Well after we got to the bike path we met up with

Dyonzoria.

Q. Dyonzoria?

A. Yeah.

Q. Did you also call him Dee Brown or Dondrell Brown?

A. Dee Brown

Q. And what time did you seet up with him?

A-14

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A. It would have to be about 6:30 of 7:00 then.

Q. Was it dark at this time?

A. No, it wasn't dark.

Q. What did y'all do?

A. Well we walked around for quite some time.

Q. Anybody have a radio?

A. Yeah, I had a radio.

Q. What kind of radio was it?

A. It was kind of a small radio, not very large. _

Q. Small radio?

A. (Nodding affirmatively)

Q. Anybody have an umbrella?

A. Yes. Dyonzoria was walking with his umbrella.

Q. Dyonzoria was walking with his umbrella?

A. (Nodding affirmatively)

Q. Steven, I want to hand you what is marked State's

Exhibit 6 for identification purposes at this point. Do

you recognize this umbrella?

A. Yes, sir.

. What umbrella is this?

A. This was the umbrella that Dyonzoria was walking

with.

Q. So Dyonzoria, this is his umbrella?

A. Uh hub.

MR. CONDON: Your Honor, I want to move this

A-15

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into evidence at this time.

THE COURT: Without objection?

MR. KENT: Wo objection.

THE COURT: Admitted, appropriately marked,

State's Exhibit.

(Thereupon, the umbrella previously marked as

State's Exhibit 6 was received in evidence.)

BY MR. CONDON:

Q. Okay. Was this seven o'clock?

A. About seven o'clock.

Q. And where did y'all go?

A. Well from there we walked around in Ardmore. We

walked over to Sequoia Apartments.

Q. Sequoia Apartments?

A. Uh huh.

Q. What did y'all do there?

A. We talked to some guys there.

Q. Bow long did that last?

A. About five or ten minutes at the post.

Q. And who was with you?

A. It was pe, Dyonzoria, tende ll Bayes and Demetrius.

Q. Were you drinking at that time?

A. Not at that time.

Q. Any drugs being used?

A. No, sir.

A-16

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Q. What happened?

A. from there we walked around. Then we went beck over

to the Majik Market out there by the 20th Century Foz.

We was out there for about ten minutes.

Q. You went to the Majik Market by 20th Century Fox?

A. Yes.

Q. What is the 20th Century Fox?

A. That is a club.

Q. Where is that located?

A. On Highway 61.

Q. And the Majik Market is next to it?

A. Yes, sir.

Q. Bow far away is that spot from the bike path?

A. That is a good deal away from there. I can't say

how far, though.

Q. Went by foot?

A. Yes.

Q. What did you do there at the Majik Market and 20th

Century Pox?

A. Well we sat out there for a little while, you know.

And then from there we went back to the bike path. When

we left de bike path we went over to the Beer Barn,

which is now called ---

. Went where now? To the Beer Barn?

A. Yes.

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Q. Where is that locatec”

A. That's located on Sighway 17.

Q. Highway 17? So you went from Sighway 61 to Highway

17, the four of you?

A. Yes, sir.

Q. Bow long did that take you to get there?

A. About twenty minutes or thirty sinutes.

Q. You went to the Beer Barn?

A. Yes.

Q. Did you buy beer there?

A. Yes, sir.

Q. What kind of beer did y'all buy?

Schaeefers.

Scheefer Beer?

Oh buh.

° A twelve-pack.

What happened after that?

A. Well from there we went back down to the bike path,

Q. Bow such did you buy?

where we dad met up with mr. Saynes.

Q. All tight. What time, about, did you leave the Beer

Barn?

A. At this time it would have to been about eight or

nine.

Q. Eight ot nine o'clock?

A-18

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579

(Nodding affirmatively)

Were you drinking beer along the way?

Yes.

Who bought the beer?

We got someone to buy the beer for us, but Dyonzoria

went with him.

Who paid for it?

Me and Zandell had some money. We kind of like

pitched in together.

Bow many beers did you drink before you got back to

the bike path?

About one.

About one? Apiece?

Oh huh.

And you say you got up with Ricky Baynes, is that

testimony?

Yes.

Do you know Ricky Baynes?

No, I do not.

You didn't know him?

(Shaking bead negatively).

And where was he when you first saw him?

Be was standing by the bench on the bike path.

Standing by the bench on the bike path?

(Nodding affirmatively)

A-19

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Q. What was he doing?

A. Apparently he was, I believe, changing clothing.

Q. You think he was changing clothing?

A. (Nodding affirmatively)

Q. What did he do after he changed his clothing?

A. Be sat back on the bench and ---

MR. KENT: - Your Honor, I am going to object to

this leading. I don't believe there has been any

testimony about what this -- that this man completed

anything. This is a leading question.

MR. CONDON: Withdraw it.

BY MR. CONDON:

Q. What was the lighting like? Was it dark or light?

A. It was dark out there.

Q. Dark out there? And when you got near Ricky Haynes,

what was he doing?

A. It looked like he was changing clothing to me.

Q. You say it looked like he was changing clothing.

Can you explain that, please?

A. Well because it locked like he was pulling up his

pants at the time.

Q. Did he pull up his pants?

A. Yes.

Q. After he pulled up his pants what did Ricky Haynes

do?

A-20

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Be sat back on the bench.

Bow big was he?

Not very big.

Not very big?

Buh uh.

When he sat back on the bench what did y'all do?

When we came up to him, all of us told him hi,

hello. Then we sat down next to him. And we started

drinking our beer. We had the radio on at the time. And

then

Demetrius was talking to the guy, and he said that

he didn't want to talk to him at the time.

Who said that?

Mr. Haynes.

What was Demetrius saying tc hin?

I don't know. I did not overhear it.

What happened?

Well after that I believe Demetrius struck the man

his fist.

You say you believe he did?

Well he did.

What did you see?

I saw him hit the man with his fist.

Where were you at this time?

I was sitting on the other end of the bench.

How long was the bench?

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| A. Not very long. I guess a little longer than this

right here. (Indicating)

About four feet?

A. Yes.

Q. Where was Zandell Hayes?

A. He was standing more or less like on the side of the

man.

Q. Where was Dyonzoria Brown?

A. He was sitting like next to me.

Q. Right next to you?

A. Yes.

Q. So two of you are on the bench next to Ricky

Haynes?

A. (Nodding aff.rmatively)

Q. Zandell was behind him?

A. Yes.

Q. And your testimony is Demetrius Gathers struck him

in the face with a fist?

Yes, sir.

Where did he hit him in his face?

I guess about in his mouth.

Excuse me?

In his mouth.

What happened?

Well he fell back. When e fell back, he fell more

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or less into Zandell Bayes. And at that time he went

wild.

Who went wild?

Mr. Haynes.

What happened?

After that, Zandell Hayes had hit the man.

How did Zandell Bayes hit the man?

Bit him with his fist.

Where?

I believe in his face.

What happened next?

Then he kind of like moved up the bike path, and him

and Demetrius was fighting.

Who moved up the bike path?

Mr. Haynes.

Bow did he move?

They were more or less tussling up the bike path.

Who was tussling?

Mr. Baynes and Demetrius.

How far away did they go up the bike path?

Not very far up the bike path. Let me see. I can’t

recall how far it was.

Over ten yards?

It could have been about ten yards, yes.

This would have been Demetrius Gathers and Ricky

A-23

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Baynes tussling?

A. Yes, sir.

Q. Explain that. How were they tussling?

A. Well they were fighting, and Mr. Baynes was backing

up, and then they kind of like hooked up together, and

they were like rolling on the ground.

Q. What was Zandell Bayes doing?

A. Be was over there with me at the time.

Q. What was Dyonzoria Brown doing?

A. Be was over there with me at the time.

Q. What happened next?

A. After he had pinned the guy, Mr. Haynes, on the

ground, that is when Dyonzoria went over there. And I

believe he hit the guy. de hit the guy a couple cf

times.

Q. Bow did he hit him?

A. Be hit him with his foot and with his fist.

Q. Where did he kick him?

A. In bis ribs.

. Where did he hit him with his fist?

A. Probably about the same place.

Q. In his ribs?

A. (Nodding affirmatively)

Q. Bow many blows at that time?

A. I don't know. I couldn't say.

A-24

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What happened next?

Well then after that Dyonzoria had got a bottie, and

he struck the guy in the head with the bottle, twice.

Bow far away were you at this time?

I was still by the bench, about ---

You can estimate about ten yards?

Ten yards.

What happened next?

Then Demetrius had picked up a bottle, and he bit

the guy with the bottle until it finally broke, which was

about three times.

C-

Same bottle or a different bottle?

Same bottle.

Was Ricky Baynes saying anythinc?

I believe he was saying, “Oh, Lord“.

You say you believe he was saying “Oh, Lord". What

was he saying?

A. That is what it sounded like to se, Ob, Lord”.

Q. Bow many times did he say that?

A. About twice.

D. After the bottle was broken over his head what

happened?

A. Well I believe he was unconscious down there because

he wasn't moving, and that is when I went over to his and

kind of like nudged him with my foot to see if he was all

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| right. At this time me and Mr. Sayes told them let's go.

So we walked back into the siddle of the path going to

Starcastle Apartments, and that is when Dyonzoria had

joined up with us. As we were walking through there we

could look back and see the bike path and see that

Demetrius and the guy -- well Demetrius was still hitting

the guy ---

TBE COURT: They can't hear you.

THE WITNESS: We were seeing thet Demetrius was

still hitting the guy.

BY MR. CONDON:

Q. You say that Demetrius was still hitting the guy?

A. Yes.

. What abdcct the Starcastle Apartments, where were

they?

A. That is cight -- lize or the side of the bike path.

There is some woods between the bike path and the

Starcastle Apartments.

Q. You say that Zandell Bayes and Dyonzoria Brown were

with you?

A. We were it the ce of the path.

Q. Going to Starcastle?

A. Yes, on out way to Starcastile.

Q. And your testimony is you looked back?

A. Ch huh.

A-26

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And you sew what?

Be was still hitting the guy.

Who was?

Demetrius.

Bow was he hitting him?

Be was hitting him with the umbrella at this tise.

Hitting his with the umbrella?

Oh huh.

Bow did he get that umbrella?

Well when Dyonzoria hed went to the store he left

the umbrella with hin.

. Left it with who?

A. Demetrius.

Q. At the store?

a Yes.

. Which store?

2 The Beer Barn.

Q. So et that point in tise Demetrius got *he e

2 Yes.

D. And you say he was hitting Ricky ares

umbrella?

A. Tes, sir.

Q- What was Ricky Baynes doing when this happerec”

A. Se wasn t doing nothing. I! delieve he was

unconscious et the tise.

„ er e e

Q. Did he have die clothing on?

A. Yes.

Q. Where was he hitting him with the umbrella?

A. Well he was more or less on his stomach, on his

face, at the time; and I believe he was hitting him with

the handle part -- well he was hitting him with the

handle part -- and about in his back and his head. Upper

pert of his back.

Q. So you say he was hitting his with the handle part,

meaning he was using this end?

A. Yes.

Q. Bow far away were you when you saw this?

A. By this time about twenty yards, in the middle of

bike path.

Q. What happened next?

A. Well the guy's pants was like not 41) the way up.

It was like, you know, about to his thighs. And then

that is when he had got the umbrella and stuck that up

the man's behind.

Q. Who did that?

A. Demetrius.

Q. What end did he use?

A. Used the top end of the umbrella.

Q. You mean the white end?

A. Uh huh.

A-28

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Q. And did you see Demetrius Gathers pull down or touch

the clothing of Ricky Baynes?

A. I can't recall that.

Q. Bow long, if you can say, did he use this umbrella?

A. About three minutes, I guess. Three minutes at the

most, three to five.

THE COURT: Speak @ little lowder, son. Speak

into the microphone.

THE WITNESS: About three to five minutes at

the sost.

BY MR. CONDON:

Q. Did you hear any noise from Ricky Baynes?

A. I believe he was groaning at the tine.

Q. Was it @ loud groan or @ .cw groan?

A. A low.

Q. Bow far away was Ricky Baynes at this point fror

park bench?

A. About ten or fifteen yards.

Q. Ten or fifteen yards?

A. (Nodding affirmatively)

Q- What did Demetrius Gathers do after he ised this

umbrella?

A. After that, you snow, we called hig and tell rir

let's go. Then we were walking to the Starcast le

Apartments, and after we had got out the path that is

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when he ran and rejoined up with us.

. Se rejoined up with y'all, is that what you are

saying?

A. Yes.

Q. Who was with you at this time?

A. It was Dyonzoria, Demetrius, ande ll and myself.

Q. And you went to the Starcastle Apartments?

A. Yes, we did.

Q. Why did you go there?

A. Well we went there to talk to Hodges Campbell.

Q. Who is odge Campbell?

A. Be is a tend that coes to school with me.

Q. A friend of whom?

A. All of us.

Q@. And he lives in Starcastie?

A. Yes, he does.

. die you go to His apartment?

A. Yes, we did.

Q. Who went to the door?

A. Well we didn't have to go to the door because his

sister was outside talking with some guy.

Q. Whose sister was outside?

A. Sodges.

Q. What is her name?

A. Rose.

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Q. And what was she doing?

A. She was talking to « guy.

Q. Did you know who she was talking to?

A. Well we asked for goes At that time | believe

she said he wasn't home. So we stayed out there and

talked to her for sometime.

Q. Anybody else outside?

A. Well, no. It was just us sis.

Q. Anybody else join you?

A. Yes this other dude, Derose, came up. . don’t «now

whe de is. Se came up, and all of us was cut there

talking.

Q. Did anybody have blood on their clothing?

A. Yes.

Q. Who did?

A. Well Sandell had blood on his shoes and socks and

bis shirt. And Demetrius hed blood om tis shirt. And

Dyonsoria hed blood on his shoes and shirt.

Q. When you first came upon Ricty ares ¢:¢ be save

any items out?

A. Yes he hed @ Bible. And some paper.

Q. What was he doing with thet?

A. It was just Sitting on the bench.

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beine;

A. Ob heb.

0. Did you have occasion to go through any of his

be longings?

A. Yes, 1 did.

Q. Whet did you do?

A. I looked through the beg, through his begs.

Q. Leoking for something to steal?

A. Yes.

. Did Demetrius Gathers go through his belongings?

A. Yes, de did.

Q- Wheat @id he do?

A. Well when he went throwgh his belongings he started

throwing things about, just throwing them everywhere,

looking through things.

. When did he go through his belongings?

A. Right efter I did.

Q. Where was Ricky Baynes when this happened?

A. Se was still on the ground.

QO. <Amybedy touching bis?

a. Bo, not at that tise.

Q. Amd at what point did Demetrius go throwgh his

belongings?

A. Well it was lite, after I hed gone ower there and

nudged the guy to see if be was l right. at that point.

„„ „% „„ w&

so before the umbrella?

A. Yes.

. Bow long did it take Demetrius to go through his

belongings?

A. Not very long. About a Binute at the most.

Q. Then he went back to him with the umbrella?

A. Yes, he did.

Q. And hit him over the head?

A. Yes, sir.

Q. Now when you were at the Starcastle Apartments, did

Zandell Bayes have occasion to do anything with a sock?

A. Yes, he did. Be took his sock off and burned it.

Q. Why did he do that?

A. Because it had blood on it.

Q- What did he do with his sock?

A. After he burned it he threw it by a fence.

Q. Now a «nife, was there a knife there that night?

A. Yes.

Q. And tell us about this knife. How big was it?

A. It was just a regular-size pocket knife about that

big at the gost. (Indicating)

Who had it?

Demetrius.

Where did it come from?

Well earlier we had found the knife. It was ina

A-33

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594

tool dos that they had threw on the ground, and when it

came ---

Q. Wait a minute. They had thrown on the ground?

A. Well, Zandell.

Q. Where was it found?

A. In Ardmore.

Q. Well was it stolen from somebody?

A. It was in the back of a truck.

And where was it in the back of the truck?

A. Just sitting in the back.

Q. In somebody's truck?

A. Yes.

Q. Was it parked in someone's home?

A. It was parked like at the end of the driveway.

Q. Who got the knife?

A. Well after he had picked it up and thrown it in the

Street ---

Who did?

Zandell. Demetrius looked through it, and we found

the knife in it.

Looked through what?

The tools on the ground.

So Zandell picked ap @ tool box?

Yes.

And threw it on the ground?

A-34

00 0 @ © 6 «

A. Yes.

Q. And Demetrius went through it?

A. Yes, he did.

_ Q+ When was this done?

A. When we were on Our way to Beer Barn to buy the

beer.

Q. Who got possession of the knife?

. Demetrius did.

0. where dia he keep it?

A. He put it in his pocket.

Q. And when you were at the Starcastle Apartments

talking to Rose and others, did you see that knife?

A. Yes.

Q. Tell us abcut that?

A. Well he had Pulled the knife out.

Q. Who did?

A. Demetrius did. And he said that he had forgot about

the knife. So at this time we were on our way to the

bike path, and Dyonzoria had dropped some cologne. So me

and dis turned at ound and went back to Rosemary's house.

Q. Who dropped the cologne?

A. Dyonzoria.

Q. Where did he drop it?

A. It was on the ground, back a couple of feet before

Rose's house.

o e

So you are saying 211 four of you were going back to

the bike path? Is that right?

Yes.

Why were you going back to the bike path?

Well he went back -- we was going back to the bike

— we were going back there — I can't really say.

Where did you go?

Well after we turned around, me and Dyonzwria, we

back to Rosemary's house.

You and Dyonzoria went back to Rosemary's house?

(Nodding affirmatively)

Did you enter that path to go to the bike path?

No, we didn't enter it.

You got near it?

Yes.

You went back to Rose's house?

Yes.

Who had the knife at this time?

Dyonz -- Demetrius.

And who went with him back to the bike path?

Well, right before we had ran back I believe that

Mr. Bayes had already went back there.

Mr. Bayes, who is that?

Zandell.

Zandell Bayes. You call him Zan, don't you?

turned around, he came back in about two minutes. And

Demetrius was still out there.

Q. When did Demetrius rejoin you?

A. About three to five minutes after we had went back

to Rose's house.

Q. You weren't on that bike path a second time, were

you?

A. No, I wasn't.

Q. What did Demetrius tell you about what happened on

the bike path when he went out there the second time?

A. Well when he had came back he said that he had

stabbed the guy.

Q. de told you that?

A. Yes.

Q. What did Zandell Hayes say?

A. He didn't say anything.

Q. Anybody wearing glasses that night?

A. Yes Dyonzoria was wearing glasses.

Q. What kind of glasses were these?

A. Malcolm x.

Q. Malcolm X glasses?

A. (Nodding affirmatively)

Q. Describe those, please.

A. Well they are gold frames, kind of small frames,

that kind of tilt forward on your face.

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Q. Did Dyonsoria wear those glasses the whole night?

A. Me. Dyonzoria had them, Demetrius had them, and

Zandell had thes.

Q. They were passed around?

A. Yes.

Q. Now before you and the other individuals came upon

Ricky Baynes, did you have occasion to go to a white

female's house?

A. Yes, we did.

Q. Who went with you?

A. Well at this time it was earlier. It was me,

Demetrius and Zandell at this time.

Q. You, Demetrius and ande i!?

A Yes, it was.

G Where was Dyonzoria Brown?

A. Be was on the bike path at this time.

C About whet tise was that?

A About eight.

0 Where was this white female located?

A. Bec bouse, like, is right next to the bike path.

. Right nest to the bike path?

A. There is a howse in between -- two houses in between

her house and the bike path.

Q. Did you know ber?

A. Yes, I know her.

A-38

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Q. What is her name?

A. Maryenn.

Q. Maryann. Did you know her last name?

A. Wo, I don't.

Q. What happened at her house?

A. Demetrius went up to the door. Me and Zandell was

sitting on the corner waiting fer him.

Q. So y 211 sat on the corner?

A. Yes.

Q. Demetrius went up to her house?

A. (Nodding affirmatively)

Q. Bow long was he at her house?

A. About five minutes.

Q. Did de have your radio, or not?

A. Yes, he had the radio at the time.

Q. Now back at the Starcastle, about what time are we

talking about when Demetrius went back with Zandel! on

the bike path? About what time?

A. About 9:30 or 10:00.

. Could it be later?

A. I don't think it was later.

Q. And you say that Demetrius was on that bike patha

little bit longer than Zandell?

A. zande ll was owt there a little bit longer than he

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Q. But they were both owt there at the same tine?

A. Tes.

At one point?

A. At one point.

Q. Bow long were they out there together?

A. About es minute, two minutes at the most.

. After they came back, what did y'all do?

A. Well after that we went from there -- we were

leaving. We went from there to Pee ches e house.

THE COURT: Who?

MR. CONDON: Fee McNeal, Your Sonor.

BY @R. CONDON:

Q. Is he also known as Leon McNeese]?

A. Yes.

Q. What about the knife? Who had the «nife?

A. Well at this time Demetrius ---

THE COURT: Son, speek into the Bicrophone.

THE WITNESS: Well, at this time Demetrius hed

gave the knife to Zandell as we were walking ---

BY AF. CONDOR:

Q- Why did he give it to fande?

A. „ to chess house. When we were going to

McNeal's house, Mr. Bayes -- well, Zandell was angry with

him because earlier that day McNeal had pulled a gun out

on his brother.

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Q- MeNesl had pulled @ gun out on tandell sayes’

brother?

A. Yes, he did.

Q. Where did Leon McNeal or Fee McNeal live in relation

to Starcastile?

A. Like cight across the corner tos it.

Q. Close by?

A. Yee.

Q. Bow long did it take you to get to his house?

A. About two minutes at the most.

Q. What happened there?

A. Well, Dyo.zoria called him outside, and tende! and

McNeal was talking. They were going to fight, but then

1 of @ sudden Fee McNeal ran in the house.

. And Bande had the te at that time?

Yes, it was in his hand.

What was Demetrius Gathers Going at thet time?

—

A. We were just standing sround.

. You and Demetrius?

All of us.

G After Leon McNeal can awey what did 1 11 do?

. Well we ran beck to the Starcestile Apartments for «@

brief moment, not even @ minute, and from there we went

Gown to Demetrius’ house.

9. Where does Demetrius live?

Ss @ ts 2 „ Se 0 0

~ —

— 08

A. A street over from Dyonzoria. I don't know the

street.

Q. Close by?

A. Yes, close by.

Q. What happened at Demetrius Gathers’ house?

A. Well he went home and changed shirts.

Q. Bow did he change shirts?

A. Well he went into the back yard and got a different

shirt.

Q. Why did he change his shirt?

A. Because he had blood on hie shirt.

QO. What happened after that?

A. Well, after that we went to Dyonzoria’s house

because he wanted to change.

fow far away does Dyonzoria live?

Be lives @ street over from Demetrius.

Did he change his clothing?

Yes, he did.

Wheat clothing did he change?

Be changed his shoes and his pants.

Why?

Well his shoes had blood ---

MR. REWT: Objection, Your Bonor. Calle for «

conclusion.

THE COURT: Sustained.

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BY AR. CONDON:

Q. Did de have any blood on his clothing?

A. Yes, his shoes.

QO. Where else?

Ln And his shirt.

Q. After he changed his clothing, what happened?

A. Well after that we caught a ride. And ---

Q. You caught a ride?

A. Yes, with Wendell Lee.

Q. With who?

A. Wendell Lee.

Q. Wendell Lee? And where did you catch this ride?

A. Right in front of Dyonzoria's house.

Q- Who is Wendell Lee?

A. Se is @ guy that went to school with me, e pretty

good friend that lives right around the corner from ne.

Q. And what was he doing?

A. Him and this other guy was ciding around, they seid.

Q. What other guy?

A. I can't remember his name.

Q. Did he in fact give you s ride?

A. Yes, he did.

Q. Whe got in his car?

A. Well all four of ws got ir the car.

Q. Where did you go?

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A. Prom there he took Demetrius and Dyonsoria to the

20th Century Fox. Se took me and fandell home.

Q. Be took Demetrius and Dyongoria to 20th Century Fos?

A. Yes.

Q- Bow far away is 20th Century Fox?

A. It's not very fer away.

Q. What is 20th Century Pos?

A. <A club.

Q. Did you see Demetrius and Dyonzoria get out of the

car?

A. Yes.

Q. Did you see what they did?

A. They walked through the park to go to the club

because he didn't let them off right at the club. be let

them off at the park, and the club is in front of the

park.

Q. And what did you do?

A. Well I went home.

Q. Whe was let off first?

A. tenden

Q. And Sandell lives near you?

A. It's pretty close to se.

Q. Then you were let off?

a Yes.

Q. Went to bed?

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Tes.

Q@. And when did you turn yourself in?

A. Theat Tuesday.

Q. Twesday?

A. (Nodding affirmatively)

Q. Charged with surder and criminal sensual conduct

firet?

A. Yes.

Q. You gave @ statement, didn't you?

A. Yes, we did.

Q. Yes, you did?

a 1 did.

Q. And this statement was given at the City of

Cherleston Police Department?

a. Yes, it wee.

Q. And you were edvised of your rights?

A. Yes.

. Now you dave changed that statement, haven't you?

A. Tes, I have.

Q. When did you change it?

A. Wert two weeks ago.

Q. About two weeks ago?

a. (Nodding affirmatively)

QO. <Ané@ your first statement?

A. I gave thet in September.

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rie you change it?

A. Because over the time that I have been te County

Jail l cemember zote of things since I gave the first

stetement. And et the time thet I gewe the first

statement [ wes quite confused.

@. Did you change your stetesent tetelly?

a. No.

Q. Sew such beer de you have to drink thet night?

A. Well thet night we only hed three apiece, but

earlier thet day -- well it wes bet three e*clock -- I

believe we Grunt « quart.

@. ert of whet?

Le Bull.

@. Of what?

A. Bull.

. Bull. When you say we, whe is we?

a. it wes se, Demetrius, tende and det het ouy.

Q. Sow when you came upon Richy Baynes, you say you

went throwgh his personal belongings?

a. Tee.

D. Did you see any alcobel?

a. Tes, be hed two ~~ well he wes @rimhing one,and he

had another one sitting on the bench, California Coolers,

some sort of coolers.

@. Seme sort of wine?

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Q. What happened to that wine?

A. Well one of them someone took.

Q. Someone took? Who took it?

A. I can't recall who took it.

Q. What happened with it?

A. We dranked it.

Q. Where did you drink it?

A. We were out there in front of Starcastle.

Q. In front of Starcastle?

A. Yes.

Q. Did you drink it before or after Demetrius and

Zandell went back to the bike path?

A. I believe that was after.

Q. After?

A. (Nodding affirmatively)

Q. Did you enjoy it?

A. It was around between four of us, so not much of us

got such.

Q. Answer any questions the defendant may have.

MR. RENT: Approach the bench, Your Honor?

THE COURT: All right.

(Thereupon, Mr. Kent approached the bench and a

bench conference was held.)

THE COURT: Mr. Poreman, ladies and gentlemen

e e RNC

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of the jury, the Court is going to take just a brief

recess in between the direct examination and the

Cross-examination of this witness. Would you be

kind enough to retire to your jury room, please?

(Thereupon, at 11:14 a.m., the trial of this case

was then recessed until 11:35 p.m.)

(The following takes place outside the presence of

the jury.)

THE COURT: Ready, Mr. Kent?

MR. KENT: Ready, Your Honor.

THE COURT: Ready, Mr. Condon?

MR. CONDON: State's ready, Your Honor.

THE COURT: Bring the jury, please. If they're

ready.

(The following takes place within the presence of

the jury.)

THE COURT: Mr. Kent.

MR. KENT: Thank you, Your Honor.

CROSS~EXAMINATION

BY AR. KENT:

Q. Mc. Bardrick, your real name is Esdavan; is that

correct?

A. Yes, it is.

THE COURT: Mr. Bardrick, bring that microphone

up @ little bit. All right.

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BY AR. KENT:

A. Bow old are you now, son?

A. Eighteen.

Q. Bow old were you in September of last year?

A. Seventeen.

Q. Were you going to school?

A. Yes, I was.

Q. Where?

A. Saint Andrews High.

Q. You knew Zandell at that time?

A. Yes, I did.

Q. Did he go to high school with you?

A. Yes, he did.

Q. Bow old is Zandell?

A. He is eighteen.

Q. Was he seventeen in September of last year?

A. Yes, he was.

Q. It's correct, isn't it, that you have cer Zande!)

for five or siz years?

A. Yes, it is.

Q. You all are pretty good friends, aren't you?

A. Yes, we are.

Q. Bang around a lot together?

A. No, we don't.

Q. You don't hang around after school and so forth?

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A. very now and then.

Q. very week?

A. No.

Q. Are you familiar with a little store on Magnolia

Road known as Wash's Place?

A. Yes, I am.

do you go there quite often?

A. Yes, I do.

ande ll does too, don't he?

A. Yes, he does.

Q. Do they sell a lot of beer there?

A. Yes, they do.

Q- You all hang out there s lot, don't you?

A. Wo, we don't.

Q. Do you just go there to get people to buy beer for

you and zende l?

A. Yes.

Q. Neither one of you are old enough to buy it

yourselves, isn't that right?

A. Yes.

Q. Did either you or Zandell buy beer on the might in

question dete?

A. We put together money.

Q. I mean, did you make the actual purchase?

A. Wo, we didn't.

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Q. Where were you when you sade thet statement, thet

second one, d couple weeks ago?

A. In @ conference roos.

Q. Where?

A. Pight here in the back, beck there.

Q. Are you referring to @ conference 800 bere in the

courthouse?

A. Tes, I an.

Q Did you talk to anybody elee on March St?

a My lawyer.

Q. Did you telt to any lawyers with the State?

a Yes, 1 did.

E De you remember whe they were?

* Yes, = de.

. Who were they?

A. it was ur, tere

Q. No, I % tal&ing about the day ir which you Bade the

second written statement, the one that was tacer Sy

Sergeart Gordon?

A. Well the only lawyer I talted to was fire.

was sade @ couple of weeks ago, you hed ir fact set wits

some of the prosecutors, hedn't you?

A. Yes, I have.

Q. Several times?

2. Od. = see. es before that secerd writte- staterert

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A. Yes, t

Q. Several times during the few weets right before you

made that second written stetement?

A. Yes, it wae.

8. Did you tnow when you went hose thet Saturday night,

when Wendell Lee toot you howe, did you tnow thet Bichard

Baynes had been stabbed with « enife?

a. Yes, = did.

fe) Because zende told you he hed done it?

a. Mo, I don't. Se didn't say thet.

Q. You den t see it?

a Mo, I didn t.

0 You got copies of both these stetesent you sede

both the written stetesents?

aA. I don't have copies.

0 Were you provided copies?

A. Yes, - was.

. You cen read?

A. Yes, I can.

8. You deve read them before today?

a. Tes, sir.

Q- Bow on Saturday, September led, you all in fect --

you and Demetrius end tandell, the three of you were in «

number of other places thet you haven't ber lere, isn't

thet right?

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A. Yeo, I wae.

8. And you een t mention thes dect you e t think

hey were important?

a. Bo, = didn’t.

. Well you were et the Ashleyville P.ayground somet ise

im the lete efternoon, lernt thet right?

* Yes, we were.

8. And you @ll, with some other fellows, got 6 ride

with @ @c. Siapors ---

A. Yes, it was.

8. —— te Orleens Gerdens?

A. Yes, sir.

8. And thet ie @ growp of erteerte ir ar res der

Citedel Mali?

a. Yes, it is.

8. ves were there for just a few sinutes?

A. Yes.

6. Ane tandell was there because he thought he «new

somebody whe Bight have some paricuara, isn’t that tagee?

A. Yes, it is.

S. Set Sandel: wasn't able to find the fellow that he

anew thet hed the sarijwene, is thet right?

a. Right.

TSE COURT: Som, take your hand free your

Bouth.

BY MR. KENT:

Q. You wanted to smoke some marijuana, but it wasn't

available, is that it?

A. Yes, it is.

Q. From there this group got a ride to Moska's Pool

Hall on Wappoo Road, isn't that right?

A. Yes, it is.

Q. Now did you do any beer drinking there?

A. I didn't.

Q. Who did?

A. Well Dyonzoria, Demetrius, Mr. Hayes.

Q. Mr. Hayes. Now this was all before you ever started

out on all this walking back and forth between Ardmore

and the Magic Mart, isn't that right?

A. Yes, it is.

Q. Now this Magic Mart you are referring to is the

convenience store on Highway 61, just west of Playground

Road, isn't that right?

A. Yes, it is.

Q. And isn't it a fact that, when you all go there fror

this area of the Starcastle Apartment and the bike pa t h.

that you all cut through the apartments that are right

behind the Magic Mart?

A. Yes, we do.

Q. And in doing so it's just a matter of a few blocks

A-54

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until you es in the West Oak Porest section; isn't that

right?

A. Yes, it is.

Q. And, of course, the West Oak Porest section is right

alongside of the Starcastle Apartments, isn't that right?

A. Yes, it is.

Q. And isn't it a fact that there aren't any streets

that run from Ardmore over into West Oak Porest? [Isn't

that right?

A. Yes.

Q. There is a tract of land that runs from Highway 17

back towards Highway 61 that separates those two

subdivisions? Is that right?

A. Yes, it is.

Q. Now it is in that tract of land that separates those

two areas that this portion of the bike path where the

bench and so forth is. That is where it's located, isn't

that right?

A. I don't understand you.

Q. Well, as you go out west -- or south as the signs

say — on Highway 17 from town, the first subdivision you

come to is West Oak Porest?

5 Prom Highway 177

Q. Yes. And talking about the areas that we are

concerned with here. Doesn't West Oak Porest come before

4-55

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Ardmore?

A. Yes, it does.

Q. And between those two areas there is a tract of land

that separates them, and there is no road or street that

goes between those two places, isn't that right?

A. Yes.

Q. But they are connected by the so-called Bike Path

Park, isn't that right?

A. Yes, it is.

Q. It is in this area that the Starcastle Apartments

are aiso located? Yes?

A. Yes, it is.

Q. And the Starcastle Apartments are a series of

two-story buildings that are built all ina Single file;

isn't that right?

A. Yes, it is.

Q. And that tract of land separates the West Oak Forest

section from the Ardmore section, right?

A. Yes, it does.

Q. And when you get on the bike path from the short

path that leads from the Starcastle parking lot, you are

actually moving diagonally between the west Oak Porest

section that you all live in and the Ardmore section,

isn't that right?

A. Yes.

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23.

619

Q. It's a very short distance, isn't it?

A. Yes, it is.

Q. Now let's go to the Starcastle here for a minute 80

we can understand that. Starcastle Apartments are all in

a row, and that row is perpendicular -- do you know what

I am saying? At a right angle to the bike path, more or

less?

A. (Nodding affirmatively)

Q. You are indicating yes?

A. Yes.

Q. Sir, the Court Reporter don't pick up nods.

A. Yes.

Q. Now there is a long narrow parking lot that runs the

length of the Starcastle?

A. Yes.

Q. And at the end of those buildings nearest the bike

path there is a street that goes directly ‘nto the West

Oak Forest section, isn't that right?

A. Yes.

Q. But as you go on up the parking lot and driveway

that runs along the apartments, there is yet another

little street or driveway that goes out on Rice Drive in

West Oak Porest, isn't that right?

A. Yes, it does.

Q. And very near that driveway is Leon McNeal's house,

right?

A. To the bike -- no, it don't.

Q. Don't it come right up to the bike path right away?

A. Oh, yes, it does end.

Q. It runs from 17, dog legs around on Evergreen and

proceeds on to the bike path, isn't that right?

A. Yes, it is.

Q. And it dead ends at both ends.

A. Okay.

Q. Now the area on Sequoia that is right there where it

ends at the bike path, that is a very well lit area,

isn't it?

A. Yes, it is.

Q. There is a big street light there?

A. Yes, it is.

Q. But this is some distance from the bench, isn't that

right?

A. Yes, it is.

Q. AS you proceed up the bike path towards West Oak

Porest and that bench, behind which is the little path

that goes into the Starcastle lot, it gets darker and

Garker, isn't that right?

A. Yes, it does.

Q. Now at this particular time of year in September of

1986 it was still very green all along that path, isn't

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that right?

A. Yes, it was.

Q. All the trees had their leaves. It's very lush and

pretty in through there, isn't that right?

A. Yes.

Q. And in fact, as you are going from that light at the

end of Sequoia up to the bench, there is a lot on your

left -- the Ardmore section -- I mean, pardon me, the

West Oak Porest area, that same side on your left as you

are going towards the bench, there is a big lot of trees

there and underbrush and so forth?

A. Yes, it is.

Q. Until you get to the area directly behind the bench,

and there is a stand of quite large trees and lots of

underbrush separating the Starcastle parking lot from the

bench, right?

A. Yes.

Q. And it's through that area that this little foot

path runs?

A. Yes.

Q. And that time of year it's very heavily grown up and

green and so forth, isn't that right?

A. Yes, it is.

Q. None of you all had any flashlights that night?

A. No.

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Q. Never saw a flashlight that night, did you, while

all this was going on?

A. No.

Q. No?

A. No.

Q. Thank you. I believe you stated in one of these

Statements that you guys generally hang out at this

bench?

A. Yes, we do.

Q. Do a lot of drinking there?

A. Yes.

Q. Do a lot cf marijuana there?

A. Yes, we do.

Q. Use any other drugs?

A. No.

Q. How many times that night -- I don't understand

this. How many times did you go back and forth from the

Starcastle Apartments to the bench area of this bike

path?

A. I didn't go back to the bench once I went into

Sequoia Apartments -- I mean, Starcastle Apartments.

Q. So you personally never did go back?

A. No, I did not.

Q. Now before you got to the bike path, the four of

you, and came upon Mr. Baynes, the last place you had

oso ost DH YF e& WY DR Ee

been was walking on Sequoia Street, isn't that right?

A. No, it isn't.

Q. Before you came upon Mr. Haynes the first time you

were coming from the Beer Barn and Sequoia, isn't that

right?

A. We were coming from the Beer Barn.

Q. Wouldn't you have come on out Sequoia to the end

there to get on the bike path?

A. We didn't come out that end.

Q. Which way did you come out?

A. We walked down Balsam Street.

Q. Okay. Doesn't Balsam run into Sequoia?

A. We didn't walk up far enough to go to Sequoia.

Q. Did you cut through somebody's yard on Balsam?

A. No. There is a bike path that makes a right turn

right into Balsam Street.

Q. Right into Balsam Street?

A. Yes, it does.

Q. Well, did you come into Ardmore from the Beer Barn

on White Oak Drive?

A. Yes, we did.

Q. Did you walk all the way up to Balsam and make the

right-hand turn?

A. Yes, we did.

Q. You walked past Evergreen?

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A. Evergreen is a street crossover from Balsan.

Q. And parallel to it, isn't that right?

A. Yes, it is.

Q. Wasn't it while you were walking on Balsam and

before you got on the path that Zandell Hayes went into

the man's truck and got the tool box out?

A. That was before we went to the Beer Barn.

Q. Zandell was acting kind of wild, wasn't he?

A. Yes, he was.

Q. Zandell went into this stranger's truck, took one of

his tool boxes, and walked it down a couple of houses and

threw it up in the air and let it crash on the street,

isn't that right?

A. Yes, it is.

Q. And he didn't see anything he liked in there because

it was nothing but a lot of nuts and bolts and spare

parts, but he found a knife, isn't that right?

A. He didn't find the knife.

Q. Isn't it a fact that Zandell stole the tool box?

A. Yes, it is.

Q. Isn't it a fact that Zandell threw it up in the air

and crashed it on the street, right under a street light

just a few doors down from this man's house where he

stole the box?

A. Where he threw it there is no street light.

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| Q. This truck was located at a house on the corner,

wasn't it?

A. Yes, it was.

O. Corner of Balsam and Locust?

A. Yes, it is.

Q. When he got the tool box didn't he go across Locust,

Staying on Balsam, just a few doors, and crash the tool

box on the street?

A. = Yes, it is.

Q. You don't recollect a street light being out there?

A. No, I don't.

Q. All four of you were together?

A. Yes, we were.

Q. Did that bother you?

A. No, it don't.

Q. It didn't bother you that he broke this man's tool

box and got his belongings?

A. ge didn't take anything from it.

Q. He just took everything first?

A. Yes.

Q. Well did that bother you?

A. No, it didn't.

Q. You are accustomed to that kind of behavior when you

are drinking?

A. No, I am not.

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Q. You just didn't see anything wrong with it?

A. Well I saw something wrong with it, but it didn't

Q. Not enough to bother you?

A. It didn't bother me.

Q. Now was this before or after you all were at the

Magic Mart?

A. This was after.

Q. When you were at the Magic Mart isn't it a fact that

you bought some beer there too?

A. We didn't buy any beer.

Q. You didn't buy any Lowenbrau there?

A. We didn't buy any beer.

Q. Did you buy any Lowenbrau at all that night?

A. No, we didn't.

Q. After the knife was taken, you go to the Beer Barn,

and from the Beer Barn you come back; is that correct?

A. Come back to the bike path.

Q. Isn't it a fact that the last stop y'all made was at

Maryann's place before you went to the path?

A. No, it isn't.

Q. Bad you already been there?

A. Yes, we were.

Q. When was that? Before or after the Magic Mart?

A. That was before.

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Q. On the way to Magic Mart?

A. We were on the way to the bike path at that time.

Q. Now the umbrella belongs to Dee Brown, isn't that

right?

A. Yes, it does.

Q. When you all left Moska's Pool Hall, it was just

you, Mr. Hayes -- Zandell ---

A. Yes, it was.

Q. and Demetrius, isn't that right?

A. Yes, it is.

Q. You don't meet Dee Brown or Dyonzoria Brown until

you get into Ardmore Subdivision, isn't that right?

A. Right.

Q. Be had the umbrella at that time?

A. No we didn't. Dee Brown was not with us at that

time.

Q. Well, when you met him did he have the umbrella?

A. Yes, he did.

Q. And his Malcolm x glasses?

A. Yes.

Q. Dee Brown is something of a dandy or something?

What is the -- are there any lenses in these Malcolm x

glasses?

A. No, it isn't.

Q. They are just frames, aren't they?

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A. Yes, it is.

QC. You have known Dee Brown for some tine too, right?

A. Yes.

Q. A year or 807

A. Yes.

Q. Does he always carry these -- was it raining that

night?

A. No, it wasn't.

Q. Any chance of rain that night that you remember?

A. Not that I remember.

Q. So you come back from the Beer Barn, and you have

got just two six packs now?

A. Yes.

Q. There was nothing left from Moska's Pool Bail?

A. No.

Q. Nothing left from earlier in the afternoon?

A. No.

Q. And you come up to this bench, and there is Mr.

Haynes?

A. Yes.

Q. And he apparently is changing clothes?

A. Yes.

Q. His trousers are not all the way up?

A. No they weren't. He was on the verge of pulling

them up.

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630

Q. So his pants were down. Did he seen embarrassed to

you?

A. No.

D. ge sat right down though, once he got them up?

A. Yes, he did.

Q. And you all sat down next to him?

A. Yes.

Q. And you began drinking, is that right?

A. Yes.

Q. How many beers would you say you drank at that

point?

A. Two.

Q. And how many would you say -- do you recollect how

many Zan Bayes drank at that point?

A. Two.

Q. And Demetrius?

A. Two.

Q. And Dee Brown?

A. Two.

Q. This took some time, didn't it?

A. Yes, it did.

Q. Who owned the radio? Whose radio was that?

A. It was a friend's.

Q. Whose friend?

A. A friend of all of us.

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Q. But the friend had given it to -- do you know the

guy's name?

A. Shawn.

Q. Shawn had loaned the radio to Demetrius, isn't that

right?

A. Yes, it was.

Q. Demetrius had been carrying the radio, isn't that

right?

A. Be gave it to me, and I was carrying the radio.

O. All aight?

A. We were switching back and forth.

Q. What were you all doing while you are dri: king all

this beer there at the bench?

A. Listening to the radio.

Q. Did you talk to Mr. Haynes?

A. We told him hello.

Q. Anybody else talk to Mr. Baynes other than that?

A. Well Demetrius was talking to him, and he said that

he didn't feel like talking to him.

Q. And there wasn't anything else to it? There was no

~~ two beers, how long does it take you to take two

beers, to drink them?

A. Not very long. .

Q. We are talking about twelve ounce cans here, aren't

we?

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A. Yes, we are.

Q. You never said anything to Mr. Haynes yourself?

A. Just hello.

Q. Were you paying much attention to Demetrius and Mr.

Haynes?

A. I wasn't paying attention to their conversation.

Q. Were you talking to Dee Brown?

A. I was talking with Zan at the time.

Q. Well let's go to right when Mr. Baynes, Richard

Haynes, is socked, punched the first time. What were you

doing at that point in time? Who were you talking with?

A. I was on the bench with the radio at that time.

Q. Right alongside Mr. Haynes?

A. Yes, I was.

Q. Anybody else on the bench with you?

A. Dee Brown.

Q. Were you talking with Dee Brown?

A. We were listening to the radio, talking.

Q. Was Richard Haynes seated between you and Dee Brown?

A. No, he wasn't.

Q. Well who was on the end of the bench? Was Mr.

Baynes on an end?

A. Yes, he was.

Q. Who was on the other end?

A. I was.

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Q. So Dee Brown was between you and Richard Haynes?

A. Yes, he was.

Q. Are you sure -- as you sat there listening to the

radio with Mr. Brown between you and Richard Baynes, are

you sure who punched Mr. Baynes first?

A. Yes, I was.

Q. And you were talking to Zan Hayes at the time this

happened? :

A. I was talking to Dee Brown at the time.

Q. Mr. Haynes goes to the ground with the first punch?

A. When Demetrius had hit him, he fell back into

Zandell. \

Q. I believe that is one of the points you changed in

your statements, is that right?

A. Yes, it was.

Q. And any particular reason you have for changing

that?

A. Because at the time that I made the statement I

forgot a lot of things, and I was quite confused.

Q. But the second statement you made a couple weeks

ago, the man is struck, goes into Zan's arms, and then

Zan starts beating on him?

A. Yes, he hits him.

Q. And you stayed on the bench?

A. Yes, I did.

2 — 8

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Q. But Dee Brown gets up?

A. Yes, he did.

Q. And he joins into the tussle?

A. Not right then. After Demetrius had already pinned

the guy on the ground.

Q. Now did Demetrius pin Richard Haynes on the ground

right there by the bench?

A. No, he didn't.

Q. It was on up the path some?

A. Yes, it was.

Q. I believe you have testified about ten yards?

A. Yes.

Q. Bow many feet in a yard?

A. I can't recall.

Q. You don't know how many feet in a yard?

A. No, I don't.

Q. Well I am standing from you, sir, about the length

of this jury box?

A. Yes, you are.

Q. Were they that close or closer?

A. About that distance.

Q. About that distance? Once Demetrius is fighting

with Richard Haynes on the ground, that is when Dee Brown

gets into it?

A. Yes, he does.

634 |

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Q. And then he comes over and hits this man with the

bottle?

A. Be kicked him a couple of times first.

Q. He kicked him first?

A. Uh huh.

Q. Where did he kick him?

A. Along the ribs.

Q. Did the man resist after that? Or do you remember?

A. He was on the ground. He was pinned. ze couldn't

do anything.

Q. You were also separated from him by thirty or 80

feet, ten yards?

A. (Nodding affirmatively)

Q. And three men. Isn't that right?

A. Yes.

Q. And Zan, Demetrius and Dee Brown are all around this

fellow when this is going on, isn't that correct?

A. Yes, it was.

Q. And you remained on the bench, is that right?

A. Yes, it is.

Q. This didn't bother you, either?

A. It had bothered me, but I couldn't do much about it.

Q. But you stayed right there, is that right?

A. I moved after Dyonzoria had hit the guy in the head

with the bottle a couple times, and Demetrius, to check

A-72

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and see if be was all right.

Q. Was that before or after you went into his

belongings?

A. That was right before.

Q. Right before. So you also assured yourself that he

was disabled before you went into his bag of belongings,

isn't that right?

A. Be was unconscious, yes, he was.

Q. You knew that. Is thet right?

A. No, I didn't at the time. He was groaning.

Q. This man had two bags of belongings, do you

remember?

A. Yes, he did.

Q. Okay. Did you go into either of ther while these

three fellows are beating on Mr. Haynes?

A. I looked in the bag.

Q. Didn't see anything you liked?

A. No, I didn't.

Q. Now they stop beating diz at some point, correct?

A. Yes, they do.

Q. And it's at that point that you say Demetrius

Gathers jabbed this man in the behind with the umbrella?

A. Well at the point that he did that [I was in the

path.

Q. You were in the path?

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A. (Nodding affirmatively)

Q. You had already started to go along with -- who, Dee

Brown?

A. And Zandell.

Q. And you were a ways into the path?

A. We were like in the middle of the path.

Q. In the middle? Where was this man's body located at

that point?

A. About ten yards.

Q. Up away from the bench?

A. Yes.

Q. Did you testify, sir, that Demetrius Gathers probed

this man with the tip of this umbrella in his behind for

two or three minutes?

A. Well he didn't do that for two or three minutes, but

he was beating the man with the umbrella for about that

long.

Q. You are saying before he jabbed him with it he

struck him over the head for two or three minutes?

A. It took about two or three minutes for bir to do all

of that.

Q. You stood there and watched?

A. We were in the path.

Q. Back in the path?

A. We had left at one point.

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Q. You had already left at one point then?

A. After he had stuck the man with the umbrella.

Q. No, no. I am talking about before that.

A. Buh uh.

Q. My understanding is that you, Zandell and Dee Brown

were on your way away from the scene, leaving Demetrius

Gathers there; and you are already well into the path,

about halfway into the apartments, in the middle of these

woods, and you are looking back, in the nighttime, into

the dark area of this path, through these woods where

there is -- there is no lights at all in the woods, are

there?

A. No, there isn't.

Q. And you had no flashlight?

A. No, I didn't. No.

Q. And you watched this from the path for two or three

minutes?

A. You can see from the path to where he was laying.

Q. I understand what you are saying. [s it your

testimony that you stood there and watched all this up in

the path for two or three minutes?

A. Yes.

Q. And you had not at that point, of course, seen the

knife out?

A. No.

638

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Q. So you don't know anything about this man being

stabbed at that point?

A. No, I don't.

Q. Pact of the matter is you never saw any stabbing

with the knife, isn't that right?

A. That's right.

Q. Are you saying that you saw Demetrius stop with the

umbrella and then come to you?

A. No.

Q. You all went into the Starcastle parking lot while

he was still beating this man with the umbrella?

A. Yes, we were.

Q. So you didn't see the whole thing?

A. No.

Q. Unless, of course, you could see it from the parking

lot in the Starcastle Apartments?

A. You can't see it from there.

Q. You can't see it. But you can see it from about

halfway in the path?

A. Yes, you can.

Q. Now that's not ezactly the way you told it when you

made the first written statement to the police, is it?

A. No, it isn't.

Q. When you made the first statement to the police you

said Demetrius Gathers jabbed this man in the behind even

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before you went over and nudged him with your foot,

correct?

A. Correct.

Q. That was the September 16th statement?

A. Yes, it was.

Q. A few hours less than three days after the fact?

A. Yes, it is.

Q. Did you know at that time -- were you sure when you

were at the police station and before you ever talked to

the police, did you know that this man had been jabbed in

the behind with the umbrella?

A. Yes, I did.

Q. Did the police tell you that it had been stuck

through ha rectum and into his bowels, the peritoneum?

A. No, they didn't

Q. They didn't tell you about that? Did they show you

the umbrella?

A. Yes.

Q. They did? ?

A. Not there, then.

Q. Before you made your statement?

A. No.

Q. When you were talking to the police, on September

16th, did you know that Demetrius Gathers had already

contacted the police?

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No, I did not.

You @idn't have any idea that Demetrius Gathers had

already contacted the police the day before?

No, I did not.

You didn't know that Demetrius Gathers had already

showed them where Zandell Bayes lived?

No, I didn't.

Now the 13th was a Saturday, correct?

Yes.

The 14th was Sunday?

Yes.

The 15th was Monday?

Yes.

And the 16th was Tuesday?

Yes.

Monday and Tuesday were school days?

Yes, it was.

Did you go to school with Zandell Monday?

No, I didn't.

Did you go to school with Zande:i Tuesday?

Yes, I did.

What did you do on Monday?

Monday, I was over at my mother's house in Lenevar,

and I couldn't go to school because the school bus don't

run over there.

641

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80 did you hang out on Monday?

I stayed hose.

You didn't go to the playground?

No, I did not.

You didn't see Zandell Monday?

No.

Never?

Never.

Tuesday you did?

Yes.

At school?

Yes.

And you talked about this?

We didn't talk about it at school.

Never?

Not at school.

Were you contacted by anybocy at school ---

No, I wasn't.

concerning th:s?

No.

Never?

(Shaking head negatively).

What about on the bus? Do you ride the same dus?

Yes, we do.

Did Mr. Bayes say anything to you about this on the

A-79

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643

A. All he said was that we have to talk, that's all.

Q. He didn't say anything to you about stabbing this

A. No, he didn't.

Q. Are you and Zandell in the same classes? Bi teas

A. No, we are not.

Q. Do they have special education at Saint Andrews High

School?

Ae Yes, they do.

Q. Are those the classes that Zandell's in?

A. i don't know.

Q. You don't know?

A. (Shaking head negatively).

Q. Do you know if he was in special education before

Saint Andrews Bigh School?

A. Well back in piddle school we mF in the same

class, so I couldn't tell you.

Q. Are you afraid of Mr. Bayes?

A. Ho, I am not.

Q. Bas he ever beaten you up?

A. No, he haven't.

Q. Zandell is kind of a wild and crazy guy sometimes,

isn't he?

A. Well he likes to crack jokes a lot.

A-80

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Q. No, I pean physically. Be likes to mix it up too,

don't he?

A. I've never seen him fight.

Q. You've never seen him fight?

A. No, I haven't.

Q. You have never seen him offer to fight?

A. No, I haven't.

Q. You have never seen him threaten?

A. Yes.

Q. Be just threatens? He don't ever get into it? Is

that it?

A. I don't know.

Q. Well now, the fact is he went to Leon McNeal's house

that right after y'all left the bike path with a knife

and said he wanted to cut somebody, isn't that right?

A. He said he wanted to fight McNeal.

Q. And he had the knife?

A. At that time.

Q. Why did you all run away when McNeal ran into the

house?

A. Because we thought he would get his gun.

Q. So the four of you get to Rose Campbell's apartment.

And there you find her, and she's standing around in the

parking lot talking to two or three other men; is that

correct? Young fellows?

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A. When we left McNeal's house we didn't run back to

her house.

Q. No, no, before McNeal. I want to go back to your

story here. The four of you had gotten away from the

path, and you are at Rose Campbell's, right?

A. Yes.

Q. Now Mr. Bayes is worried that his ankle or leg has

been cut, isn't that right?

A. Yes, he was.

Q. In fact, he is looking at it, he is inspecting it,

isn't that right?

A. Yes.

Q. And he discovers blood on his sock, isn't that

right?

A. Yes.

Q. And he takes his socks off and burns them?

A. Yes

Q. Did you think that odd?

A. It was just -- he said he didn't want to take the

bloody sock home.

Q. Now was that before or after he went back to Richard

Baynes and was there alone?

A. That was before.

Q. You personally never returned to the body, but

Zandell Bayes did, right?

A-82

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A. Yes, he did.

Q. And Zandell had the knife in his pocket right after

that at Leon McNeal's house, right?

A. Yes, he did because Demetrius had ---

Q. And while it was in his pocket, you didn't know

where it was, did you?

A. I seen Demetrius give him the knife on the way to

Fee McNeal's house.

Q. When did you remember that?

A. When we were walking through the little road that

leads right into Rice Drive.

Q. When did you first remem>er that?

A. I don't understand you.

Q. Today?

A. No.

Q. Isn't it a fact that it's in neither one of these

Statements that you have made in writing to the

Charleston City Police?

AL It is.

Q. It is?

A. It should be in the second one.

Q. You think that you got it completely straight in the

second story?

A. Yes, I do.

MR. KENT: Do we have the original of that

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statement in the courtroom, the second statement?

MR. CONDON: Are you asking me a question?

MR. KENT: Yes. Your Sonor, I would ask that

it be shown to this witness so he can inspect it. I

would like him to point that out for me.

MR. CONDON: Your Honor, I have no objection to

both these statements being offered into evidence.

MR. KENT: I have got a zeroz copy here, if I

would be permitted to show that to this witness,

Your Honor.

THE COURT: Do you want to mark it for

identification?

MR. KENT: I am not concerned about introducing

it into evidence. 1 just want to get straight with

these stories, Your Honor.

THE COURT: Well, let's mark it for

identification if he is going to identify it.

MR. KENT: Pam, would you mark this for

identification purposes? Could we use the original

instead, Your Honor?

MR. CONDON: It may take some time for us to

find it.

THE COURT: You have got a pretty clean copy?

MR. KENT: This one — Your Honor, this one is

clear, yes.

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THE COURT: Mr. Solicitor?

MR. CONDON: Your Honor, I believe this copy is

pretty clean.

MR. KENT: I hate to give up the only copy I've

got.

THE COURT: You can use this.

(Thereupon, the document was marked Defendant's

Exhibit 1 for identification purposes only.)

MR. KENT: Would you please ---

THE COURT: Do you want him to identify it?

MR. KENT: Sir?

THE COURT: Do you want him to identify it?

MR. KENT: Yes, please.

BY MR. KENT:

Q. Esdavan, do you recognize the copy that has been

given you as being the statement made and signed by you

on March Sth, 1987?

A. Yes.

Q. Just to -- let me see if I can help you here, go

through it briefly. Right in the beginning you say: In

reference to the statement I gave to the City Police on

September 16th concerning the murder on the Ardmore bike

path, there are additional facts I would like to

incorporate into this statement. These changes are --

and then you go on to tell them. Now would you take a

A-85

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look at that and show me where Demetrius is giving

Zandell the knife back?

A Okay. (Witness reading) I don't see it.

Q. It's not there, is it?

A. No, it isn't.

Q. Well in your first statement, the one back in

September, you told the police that Dee Brown had the

knife at the apartments, isn't that right?

A. That's right.

Q. Now have you decided that that is just completely

wrong?

A. Yes, I have.

Q. Zandell definitely did have the knife on the way to

McNeal's right after he had come from the bike path and

had been there alone for some time, isn't that correct?

A. Well from the bike path, when Demetrius came back,

he had the knife; and he told us that he had stabbed the

man. He showed the knife to us.

Q. Mr. Bayes?

A. Ro, Demetrius.

. You did not see the knife?

A. Be shown it to us when he said that.

Q. Isn't it a fact that when you all went over to

McNeal's you knew that Zandell Bayes intended to fight

that man?

A-86

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A. Yes, I did.

Q. And indeed you knew that Dee Brown -- they had made

it up for Dee Brown to go knock on the man's door and ask

him out for a beer, isn't that right?

A. I don't know what he asked him for, but he went to

the door.

Q. Be drew him out of the house?

A. Yes.

Q. And you and Zandell and Demetrius were out of sight,

isn't that right?

A. We were in the street.

Q. And McNeal comes on out there?

A. Yes.

Q. And then there is the four of you and him?

A. Yes.

Q. Does Zan pull the knife out in front of Leon McNeal?

A. No. They were talking, and he had the knife closed

in his hand.

Q. He already had it out?

A. Yes.

Q. Now McNeal runs away, and you all are afraid that he

is going to get his gun?

A. Yes.

Q. And so you scatter?

A. We run, yes.

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Q. There is a lot of excitement?

A. Yes.

Q. Isn't that right?

A. Yes.

Q. And everybody runs away?

A. Yes.

Q. And I believe you said that everybody collected back

up at the Starcastle Apartments parking lot for just a

minute?

A. A brief moment.

Q. Was that the parking lot at the end of the buildings

down towards the woods there?

A. No, it wasn't.

Q. It was up towards Rose's?

A. Yes, it was.

Q. And Mr. Bayes was the last one to get there?

A. No, he wasn't. All of us was together.

Q. You were all together?

A. Yes.

Q. Ten tit a fact that Zan was a little bit longer

getting there than the rest of you?

A. I believe he was a little bit before the rest of us.

Q. Be got there a little before you? Did you go

straight there, or did you go up the street towards

Bighway 61, up Rice towards 61, before you went over to

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the Starcastle lot?

A. We ran straight there.

Q. You ran straight there?

A. (Nodding affirmatively)

Q. You think Zandell was first?

A. Oh huh.

Q. Have you seen the knife since then?

A. No, I haven't.

Q. Was the last time you saw it with Mr. Hayes there

outside of Leon McNeal's house?

A. Yes, it was.

Q. Bas Mr. Bayes never told you what he did with the

knife?

A. No.

Q. You never wanted to ask him?

A. No.

Q. You could have asked him at school.

A. Yeah, I could have.

Q. On the bus.

A. (No response).

Q. Isn't that right?

A. Yes, I could have.

Q. And you knew by Tuesday that Richard Baynes or some

man had been killed on that bike path, did you not?

A. Yes.

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Q. Now how did you get to the police station in

September? Did they come pick you up?

A. Yes.

Q. Did you want to go? Were you afraid?

A. Yes, I was.

Q. You were veep reluctant, weren't you?

A. I don't understand you.

Q. You were scared?

A. Yes.

Q. Of the police, investigation of a murder. It was

frightening, wasn't it?

A. Yes, it was.

Q. But you said in your statement of September 16th

that you went there of your own free will?

A. Yes, we did.

Q. And, of course, you volunteered to tell everything

you told in September also, is that correct?

A. Yes.

Q. Well the police told you, didn't they, that it would

be better if you told the truth and that you would not be

punished so severely if you told the truth than if you

lied, isn't that right?

A. I went down there with the intentions of telling the

truth.

Q. Isn't it a fact that the police told you at some

653

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654

point before you started making 211 these statements that

you would not be punished so badly if you told the truth?

A. Yes, it was.

Q. But in March of this year you decided that the truth

was considerably different from what it was in September,

isn't that correct?

MR. CONDON: Your Bonor, that would be a

conclusion. I wouldn't have any objection to both

statements being put into evidence and comparing

them. But considerably different is a conclusion.

He's not qualified ---

THE COURT: He is on cross-examination. I

don't --

MR. CONDON: Well, if I can go into it fully

then.

THE COURT: Just a second. Let's see if we ---

MR. CONDON: If he wants to go into that ---

THE COURT: Let's talk about it.

(Thereupon, counsel approached the bench, and a

bench conference was held.)

THE COURT: Overruled.

BY MR. KENT:

Q. in all this beating around that took place before

you — with all this tussling around, this man was not

stabbed, isn't that right?

o ont DB YF fe WwW Ke

~» 9 KY KY KY — — — — — eo — —

W K . S -S A HW „ Whe — 8

A. Wo, he wasn't.

Q. And when you left the bike path with him on it for

the first and only time, he was -- Richard Haynes was

some thirty or so feet out towards Ardmore from the

bench, isn't that correct?

A. About ten yards, yes.

Q. And it was only in March that you remembered that

Demetrius Gathers hit this man over the head with the

umbrella handle, is that correct?

A. I've had time since I have been in County Jail to

remember lots of things.

Q. Since you have been in County Jail you have had an

opportunity to talk to the prosecutor several times

before your March, 1987, statement also; isn't that

right? ~

A. Yes, it is.

Q. The fact is that when you talked to the prosecutors

you would be brought down here to the courthouse, isn't

that right?

A. Yes.

Q. Bow many times would you say you made chat trip,

sir?

A. About five times.

Q. About five times. You enjoyed getting out of the

jail?

A-92

0 o Kk ww WN —

— —

— 8

A. Yes.

Q. Not nuch air, and it's kind of uncomfortable in the

jail, isn’t it, sir?

A. Yes, it is.

Q. You forgot to mention in September that you also

went through that man's belongings, isn't that right?

A. Yes, it is.

Q. Were you afraid to tell the truth about that?

A. No, I am not.

Q. You know it was a crime?

A. Yes, I do.

Q. You knew it was a crime in September?

A. Yes, I do.

Q. But in March of 1987 you had already mace your dea.

with the State of South Carolina, is that correct?

A. I didn't make a deal. I just pled guilty to what =

did.

Q. Pardon me. I was only using the language cf the

State. You pled guilty and had certain assurances, 2822

that correct?

A. I had no assurances.

Q. You have had the assurance that you won't be sittir

in the electric chair or even put in danger of that,

isn't that true, sir?

A. I don't feel that I can get put in that as long as

A-93

oo ont FD Wes WwW WH we

6 — — — — — — H— — —

owo ost MOM²Q̊ GY ‚́ n E — 08

tell the truth.

Q. Well we know you can't now, Esdavan. We know you

can't now. When did you go to court and plead guilty to

this misprision of a felony? Do you remember?

A. I can't remember the date.

Q. Does December 17, 1986, sound familiar to you, right

before Christmas?

A. Yes.

Q. You talked to your lawyer after that?

A. Yes, I did.

Q. Right?

A. Yes.

Q. Your understanding is that you cannot be further

prosecuted in connection with Richard Baynes‘ death so

long as you tell the truth, correct?

A. Yes.

Q. Can you tell me what the State knows from any

eyewitness other than what you tell them?

A. I don't understand your question.

Q. The State don't know anything other than what you

tell them as an eyewitness, isn't that right?

MR. CONDON: Your Honor, I object to that.

THE COURT: That is argumentative. Ask him the

question, he can answer it.

BY MR. KENT:

A-94

o e NY &

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2 w wn — 8

Zz 730

Q. Now in September you told the police that Dee Brown

and Zan Bayes were standing over this man when he,

Demetrius, jabbed him in the behind with the umbrella;

isn't that right?

A. Yes, I did.

Q. That would have required you to see those two ner

there, right?

A. Yes, it would have.

Q. That would have required you to call up in your

mind's eye a recollection of those coc people standing

over Demetrius Gathers -- over Richard Saynes, alongside

of Demetrius Gathers when he jabbed hit with the

umbrella; isn't that correct?

A. Yes, it was -- yes, it is.

Q. But in March of this year you say that is mot sc?

A. No because, as I said before, wher I made that

statement ---

Q. I know, you are less confused now than you were

then.

A. Yes, I az.

Q. In September you said that Dee Brown had the «nite

in his pocket there at the apartments, isn't that

correct?

A. Yes, it is.

Q. Not so in March, isn't that right?

W e „

eee e e . „ „ ee ee

2 & wo NY So π‚ . d K C — 8

A. Wo, it isn't.

Q. But you are sure thet Zan Bayes returned to Richard

Haynes on this bike path and was there alone for some,

however brief, period of time; isn't that right?

A. Yes.

Q. You left that out of the September statement, isn't

that right?

A. Yes, I did.

Q. Were you aware that Zandell had been brought to the

police station to make a statement about the same time

you were?

A. Yes.

Q. And you left it out in your September statement that

Zandell was there with Richard Baynes on the bike path

for some brief period of time, isn't that correct?

A. Yes, it is.

Q. Do you know what che punishment for misprision of a

felony is, sir? What's the maximum applicable

punishment?

A. I think ten years, sir.

Q. And, of course, you know what the mazimum possible

punishment is for aggravated murder?

A. Yes, I do.

Q. What is it?

A. The electric chair.

A-96

ont e e e

Q. How in June of last yeer, before any of this

happened, you had been charged -~ I believe you described

it to some extent to the jury elready -- with a firet

degree burglary, isn't that cight?

A. Second.

Q. That is what you pled guilty to.

MR. CONDON: Se was charged with second.

BY MAR. RENT:

. You were charged with second degree 2 along?

Yes.

Fifteen.

. do you know what the rarer punishmert fcr thet 16?

Q You haven't been sertenced yet?

Ne, 2 haven't.

Se e: ser se?

A. Nc, = maven't.

＋ 6rd at @ fect, Esdavanr, that you „ene reer 263203

—

sentenced pursuant to the Youthfu. Cfifencer Ac:

A. Boping that that's what I wi... get.

Q. r. o. A., Youthful Offender Act. You have ears 2727

tefore?

A Ch huh.

C- do you knew what is the maximum punishmert there?

A. Siz years.

o e e NLU

—

Q. ten t it a fact, sir, that you have been assured

that with the time you have served in jail already that

you will not see the end of summer, 1987, in jail?

A. I don't know that.

Q. You believe it, don't you?

A. I can't say.

Q. You are hoping, aren't you?

A. I'm hoping.

Q. Be back in school next September?

A. Yes, I will.

Q. Thank you, Esdavan.

REDIRECT EXAMINATION

BY MR. CONDON:

Q. Steven, we have got a written agreement, don't we?

A. Yes, we do.

Q. And the only way you will be prosecuted for anything

more than what you have pled guilty to is what? How can

that happen?

A. If I don't tell the truth.

Q. And that's what we've told you, to tell the truth.

A. Yes.

Q. If you don't, you will be prosecuted for perjury

too?

A. Yes.

Q. Now you have given, in effect, two statements?

A-98

oso on fe YF e „

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vy «„ w Be YF Oe’ eee T K e — 8

A. Yes.

. In both of those statements you have always said

Demetrius Gathers used the umbrella?

A. Yes.

Q. And you talk about being confused when you go to the

police department the first time?

A. Yes.

Q. Well, you were watching out for yourself the first

time?

A. Yes.

Q. You didn't tell us about going through the

belongings?

A. Yes.

Q. And how did the police get up with you?

A. Well me and Zandell turned ourselves in. We called

them and told them to meet us out on Forest Park.

Q. You called the police?

A. Yes.

And we have had several conferences? We have talked

about your testimony?

A. Yes. *

Q. And you have also talked to Mr. Kent, haven't you?

A. Yes, I have.

Q. You voluntarily talked to him about your testimony?

A. Yes, I have.

A-99

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K — % ẽQꝙ:t7 «4k 2 — 8

— —

— ——

Q. And did he ask you about whether or not you would

testify that the knife was given from Demetrius Gathers

to Zandell Hayes?

A. I don't understand.

Q. Well he asked you — he questioned you that you

might have made this up the first time today?

A. Yes.

Q. About Demetrius giving the knife to Zandell before

he went to Fee McNeal's house?

A. Yes.

Q. Did he ask you about that?

A. Yes, he did.

Q. What did you tell him?

A. Tell him that Demetrius had already -- had given Zan

the knife on the way to McNeal's house.

Q. You told him that when you met with him?

A. Yes, I did.

Q. That was several days ago?

A. Yes.

Q. Thank you.

AR. KENT: Your Bonor, just a few more

questions along the lines of the ---

RECROSS EXAMINATION

BY MR. KENT:

Q. Esdavan, neither one of these statements you made to

so ent fo Ve ee NOU

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v W HN Ff fF % % «„ 9 — 8

1 664

the police have anything in it about Zan stealing the

tool dos that this knife came from out of @ truck, right?

A. No.

Q. I want you to think carefully before you answer

this. When was the first time -- when was the first time

anybody from the prosecutor's office asked you about

that, the knife coming from a tool box taken from a truck

that night?

A. They didn't ask me about it.

Q. When was the first time you told them about it?

A. Today.

THE COURT: What was your answer?

THE WITNESS: Today.

BY MR. RENT:

Q. Before you got on the witness stand?

A. Yes.

Q. Do you remember who it was you were talking to?

A. Yes.

Q. Who?

A. I don't know her name.

Q. This lady right here, Miss Fisher?

A. Yes.

Q. Works for Mr. Condon? Why did you tell her about

it? Did she say something about Mr. Barfield and his

tool box and knife?

A-101

_ fo VY ee we Ne

A. She didn't call no name.

Q. Oh huh.

A. She just asked me about it.

Q. What was the sense of the question?

A. She asked me if we had got the knife out of a too!

Q. Uh huh. And that is the first time you ever told

them about that, isn’t thet right?

A. Yes.

Q. Well, Esdavan, is there anything else about this

case that the State don't know to ask you that you have

left out? -

A. No.

Q. Len tit @ fact that you didn’t tell them atcut the

Origin of this knife being a theft out of a car until

they knew to say something about it to you?

A. I always told them that we found it.

Q. Now, Esdavan, I know you want to tell us all the

truth, but I want you to search your mind before I sit

down, and I want you to assure me that you haven't left

out any of the truth in this case. Because we know now

THE COURT: Don’t make a speech, Mr. Kent.

Just ask him a question.

BY MR. KENT:

A-102

o e „

LS) LS) 0 80 0 0 be od — — — be — — — —

8 K P D ˙— W ůuie / S -K 2 — 8

. You can see how concerned I am, Esdavan, that you

don't leave anything out until its known by the

prosecutor?

A. Yes.

Q. Anything else?

A. No, it isn't.

Q. You are sure you never heard Zandell say something

along the lines of, well, I am going to cut somebody's

behind tonight.

A. Be say he wanted to fight Fee McNeal.

Q. I am talking about after he had been frustrated in

cutting Mr. McNeal. You don't know that he ever said

something like that?

A. After?

Q. When he saw he wasn't going to get at Leon McNeal

with the knife.

A. We just was planning on going home.

Q. No further questions.

REDIRECT EXAMINATION

Q. Steven, when you met with Mr. Kent voluntarily did

he ask you where you got the knife from?

A. No, he didn't.

Q. Thank you. Nothing further.

8 THE COURT: All right, son, you can come down.

MR. CONDON: Your Jonot, we call Mr. Carter.

A-103

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667

THE COURT: Mr. Carter.

JAMES L. CARTER, JR., being

first duly sworn, testified as follows:

THE COURT: Mr. Carter, do you have some gum?

THE WITNESS: Yes.

THE COURT: Take it out, please.

DIRECT EXAMINATION

BY MR. CONDON:

Mr. Carter, they call you Jeff, don't they?

Yes. |

James Jeff Carter?

Well, that is just a nickname.

Your nickname's Jeff?

Right.

Bow old are you?

Seventeen.

Where do you live?

1 Rice Drive, Starcastle Apartments.

At Starcastle Apartments. And do you go to school?

Yes, I go to Saint Andrews High School.

Saint Andrews High School. What grade are you in?

Eleventh.

All right. Do you know Demetrius Gathers?

Yes.

Bow do you know him?

A-104

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A. Tou could say friend, friend-wise, associate, you

know. I have seen him around.

Q. Seen him around Starcastle?

A. Yeah.

Q. How about Dyonsoria Brown, also known as Dee Brown?

A. Yeah, I know him pretty well too.

Q. Bow do you know him?

A. As a friend.

THE COURT: Mr. Carter, speak into the mike,

sir.

THE WITNESS: Okay.

BY MR. CONDON:

Q. He is a friend of yours?

A. Yeah.

Q. And Zandell Hayes? Do you know Zandell?

A. Yes, I know him as a friend, too.

Q. Bow about Steven Bardrick, also known as Nice?

A. He is a friend of mine, also.

Q. So you know everybody?

A. Yeah. Yes, sir.

Q. And you live in Starcastle? Who do you live with?

A. I live with my mother and my stepfather and my two

brothers.

Q. And did you know Ricky Haynes?

A. No.

A-105

eo @onyoabeywrees w NY &

Q. Didn't know him? Now I want to talk about September

13th of last year, which was a Saturday, at nighttine.

A. Okay.

Q. Were you at the Starcastle Apartments?

A. Yes.

Q. What were you doing there?

A. Well I left my apartment, and I went down to

Apartment B-6 to Hodges Campbell's apartment to see if he

was home. He was home, but he wasn't coming outside. fe

had looked out the window and said he wasn't coming

outside. So his sister came out, and we started talking.

O. Who is his sister?

A. Rose Campbell.

Q. Okay. What happened?

A. And then after a while Jerome Hampton, I believe,

and Todd came, drove up. They didn't come up together,

but, you know, they came one by one. And we was out

there talking. And I heard some music coming from

towards the bike path, and I looked in the woods,

Demetrius, Zandell, Dee Brown and Steven coming down.

Demetrius and Zandell didn't have on no shirts.

When they came up to us, Dee Brown knocked on the door

for Hodges. Hodges looked out the window and said he

wasn't coming out. I noticed that all of them had blood

on their shoes except Steven, and Dee Brown had blood on

A-106

o eo wnt fo YF fe we Ne

his shirt.

Dee Brown was talking about he was strictly

business, he wasn't taking no more mess from anybody.

And so, you know, they started telling us about they

messing up someone on the track, the bike path which we

call the track. And they started telling us, they said

something about they was beating him up or something.

Then after while Zandell noticed some blood on

his ankle, on his sock; and he started saying he was

feeling weak. You know, he -- after, you know, talking

about he feeling weak, he thought the man had cut him or

something on the ankle, he had said: Come on, MiMi,

let's go, you know, mess that -- kill him or something

like that. So they went back out ---

THE COURT: Do what now? Repeat that?

THE WITNESS: ande ll had said, cone on, MiM.,

let's go kill bin.“ It wasn't in that, you know,

exact word frame; but it was something like that.

BY MR. CONDON:

Q. Who is MiMi?

A. Demetrius. And so they went back out there, and

they came back. Zandell had said something like, °Call

the Ens, and Demetrius had said he's dead, right? But I

didn't take him seriously. I thought, you know, they was

fighting someone else, but I didn't never figure it was

— —~—--—--——

A-107

672

1 . 80 Sandell burned his socks?

| 2 A. Yes.

1 | thet san. 3 Q. Did he have blood on the socks?

2 So, you know, they started Lalking and = ‘ . te,

3 everything. We wae talking. And Sandell eterted saying 3 Q. You said some of them didn't have their shirts on?

4 something about him wanting to mess up McNeal, Leon 6 A. Zandell and Demetrius.

5 McNeal, for something McNeal hed did to his brother. So 7 Q. Did they have undershirts on?

6 then they walked around to the apartments -- to his 9 * *

7 house, to McNeal's house. And a little whiles efter that 9 0. Where was the blood on everyone's clothing?

8 they came running back, and I had stopped Steven, and I 10 A. Well three of them, they had blood on their

9 had asked bir what had happened. Se said they went up 11 sneakers; and on dee Brown, he had blood on his shirt,

10 there --- 12 which was a light-colored shirt.

11 Q. All rcight, don't tell me what Steven said. 13 0. And about what time of night was this?

12 A Okay. 14 A. This was around 10:30 of quarter tc 11:00, to my

23 . Anything said atest an umbre..a? 15 knowledge.

4 A Well, :f I ec, Demetrics sac said that he hac 16 Q. Were you drinking anything that night?

os stuck it up the man's cerind. 17 A. No, sir.

6 =: Whe sa.c that? 18 Q- Using any drugs?

37 A. Deretrius. 19 A. No, sir.

13 8 What id he % exact.y? 20 . Wow you have just come forward with this information

29 A. Be had seid he tac struck :t sf the -- he stuck the 21 fairly recently, haven't you?

7 20 umbrella up bis bez ze. And ten hed gatbered us sround, 22 a. Ves.

22 ead be bed told us that if anyone asts us anything sebout 23 Q. Bow long ago?

22 thie, whet they had told us, that we didn't know anything 24 A. Probably about two weeks ago.

: 23 about it. And he had burned his socks after him and 25 Q. Why the delay?

5 24 Demetrius came back from the track the second tine

25 because he said he didn't have no more use for it.

A-109

A-108

A. Well, really I didn't want to have anything to do

with this; but, you know, I knew eventually that 1 211

would come up to me because Rose had told me that she had

got a subpoena and that I would be getting one soon about

three weeks ago when she first got hers. So, you know, I

was kind of prepared for it when y'all came up.

Q. And again, you know Zandell Sayes?

A. Yes.

Q. You are friends with him?

A. Yes.

Q. You know Steven Bardrick?

A. Yes.

Q. Are you friends with him?

A. Yes.

Q. You know Dyonzoria Brown?

A. Yes.

Q. You are friends with him?

A. Yes.

Q. And you know Demetrius Gathers?

A. Yes.

Q. You are friends with him?

A. In @ sense.

Q. You have nothing against him, do you?

A. Not really, no.

Q. But you have had some run-ins, haven't you?

A-110

re er ee e

A. Yes.

Q. What kind of cun-ins?

A. Well et one time somehow he came across sone

information that my brother, my older brother, and I and

two other fellows had wanted to gang him, jump bie for

some odd reason.

Q. So you have got some 111 feelings towards hin?

A. Well that is, you know, all in the past, forgive and

forget. I sort of forgave, but never forgot.

¢. Ncw did you see, when they came off of the track --

you call the bike path the track?

A. Yes.

¢. Ds you see ary aucohclic beverases?

A. see er cad a derte cf Wald isish ese °*.6

parts, acc Stever es @ cee of wine coolers .° 2

8. 22810 sf wine coc.ers?

a Yes

6. ®.tm a rad.c?

a. Sodding aff .cmat.ive.y)

Q. Des yee see ar urtrelia?

A No, I do not recall seeing an umbrella.

¢. Ard how long a period of time were you in tert:

corgany?

A. Thirty minutes, maybe more. Maybe less. I will say

111

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i *

about twenty-five to thirty minutes.

Q. Then you say they went off to Fee McNeal's house?

A. Yes.

Q. Bow long before they came back from Fee McNeal's

house?

A. Around five to eight minutes they came running back

through the apartments.

Q. Five to eight minutes?

A. Yeah.

Q. And how far away does Fee McNeal live from where you

were?

A. From where I was?

Q. Right.

A. Couple of yards, maybe. I don't know the exact

_ distance.

Q. And you are certain that Zandell Bayes and Demetrius

Gathers went back on that track?

A. Yes.

Q. Did you see a knife?

A. Yes, I seen -- excuse me. I seen Dee Brown with the

knife. But I don't know how it got in Zandell's hands.

Dee Brown was the only one I seen pulled out the knife.

Q. How do you know it got in Zandell's hands?

A. Because Steven had told me.

Q. All right. That is hearsay. You don't know that.

A-112

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A. Well.

. The only person you saw with a knife that night was

A. Dee Brown.

Q. —— Dee Brown?

A. Yes, sir.

Q. How big a knife was it?

A. It was about -- it wasn't too big of a knife. It

was a regular pocket-size knife.

Q. Pocket -size?

A. Yes.

Q. Answer any questions the defendant has.

CROSS ~-EXAMINATION

BY MR. RENT:

Q. Mc. Carter, how long were these four fellows at Pose

Campbell's before they went to McNeal's?

A. I will say they was around there for about twerty

minutes.

Q. They went to McNeal's, and then they came back; is

that correct?

A. Yes. But they didn't stay long.

Q. Was there any other coming and going, Mr. Carter,

that you recall by these fellows?

A. Well the only ones was when Demetrius and zander!

went back on the bike path, and when they came running

we Nw — — LS) LS) me me — ee we ee te ee ee —

1 9 W we ‚n⁰mãnie % „ «„ 9 — 08

e e

back through the epertments.

Q. Was that before ot after they had gone over to

McNeal's?

A. When they went back on the bike path?

Q. Yes, sir.

A. It was efter. After they went back on the bike path

and came back, they was standing around for a little

while, and then they went to McNeal's house.

Q. Okay. Now I tried to take it down the way you said

it, and it's not clear to me how sure you are. Neither

is it from the statement you made to the police.

MR. CONDON: Your Honor ---

MR. KENT: I want to ask you ---

MR. CONDON: --- he knows this is testifying.

I wish he would just follow the rules of evidence.

THE COURT: Yes, sir. Just ask him questions

end ---

MR. KENT: I am not testifying. I'm trying to

ask this question, Your Honor.

TBE COURT: All right, just ask your question.

BY AR. KENT:

Q. I want you to tell me what you mean when you say:

If I cecall correctly, Demetrius said so and so. What do

you mean by that? Do you mean you are having some

trouble remembering for sure that Demetrius said it?

A-114

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A. Yeah.

Q. Ten't it @ fect, Mr. Carter, that -- when these

fellows first came up to you, you weren't peying any

particular attention to what they were telking about;

isn't thet right?

A. No, that is not. I was paying attention to thes.

When they first came up I was in front of Bodges and Rose

Campbell's door, sitting down up against the brick wall.

And then they started talking.

Q. Well I thowght you said that -- if I remember. 1

thought you said that you didn't believe them at first

about beating somebody up on the bike path, is that

right?

A. I didn't believe ther about -- I didn’t believe -- :

Gidn't really take ther seriously about killing sometody

on the bike path. I could imagine that they was fighting

because they had blood on themselves.

dee Brown was quite excited, isn't thet right?

A. Yes, he was.

Q. Be was doing a ict of talking, wasn't he?

A. Yes. de was.

Q. And @ lot of strutting around?

A. Yes.

Q. Would you say that he was pretty cocky out there?

Be is mot going to take any more -- what was the word? 7:

A-115

e e e e

— — — — — — — — — — — — be ee — —

vw & we we e . ee e „ — 8

| em strictly business now, strictly business? Is thet

whet he said?

A. Yes, he -- yes.

Q. Se was saying that over and over again?

A. de said thet about two or three tines.

. Did he say other things like that?

A. I don’t remember if he did.

Q- Well in 11 of this talking between Dee Brown and

tende li Bayes, do you recollect fan saying something

about wanting to whip McNeal thet night or cut hin?

A. Be said he had wanted to sess McNeal up.

Q. Mess his up?

A. Yes.

. There were a number of comments made during the

course of this -- what did you say, fifteen or twenty

minutes before they went to McNeal's?

A. About twenty minutes or so.

9. Pardon ne?

A. About twenty minutes or so.

0. Tou cant be sure, Mr. Carter, can you, that

Demetrius said that he, personally, Demetrius, had jabbed

this man in the behind with the umbrella, can you?

A. I am pretty sure about thet. I em sure he said

thet.

Q. Well when people are talking around owt in the

A-116

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ves. we — m ͤůſꝶ ß „ Yes we 9 — 8

—

park ing lot like that — you don't know deset t ius from

school, do you?

A. No, I don't.

Q. Do you know that he was not going to school?

A. I didn't really know what he was doing, you know, in

his spare tise.

Q. Well are you positive in these comments that were

being made by this group of people that Demetrius was

referring to himself when he said -- when he was

referring to him sticking -- jabbing this nan witb the

umbrella?

A. Yes.

Q. You are sure he was referring to himself?

A. Yes. Be said 1“ He startec it off with “.

Q. Was this after Zan had returned from the path when

they made the second trip back there?

A. No. It was before.

Q. Are you sure that Dee Brown had a bottle of Wild

Irish?

A. Yes.

Q. What is that?

A. Wine.

Q. And Steven Sardrick had a couple of wine coolers?

A. Yes. I would say about two or three.

Q. Thank you.

A-117

MICRAEL GORDON, being first

duly sworn, testified as follows:

DIRECT EXAMINATION

BY MR. CONDON:

Q. Sergeant Gordon, what do zou do, please, sir?

A. I work for the Charleston Police Department.

Q. What do you do for our police department?

A. I'm currently assigned to the central detective

division.

Q. Bow long have you been with the City of Char-eston *

Perce lepartment?

A. de and a half years.

Q. Tid you have occasion to come in contact with the

defencant, Demetrius Gathers, on Tuescay, Septerte: 16th?

A. Tes, = eis.

Q. ct what tire dic yeu see 22

A. > saw him probably a couple r.n.tes before 6:30 in

the evening.

Q. ere did you see h.z?

A. A= the City Police Departrent cn Lockwood @c.-evard.

CG. z weeld you just give us 2 zee: picture :? hew

A-118

W “ XK — 2 —

be appeared to you when you first saw his?

A. Yes, sir. Se appeared very -~- very calm. de was

cocperative. Not disorderly at all. Ze was drr in

to the central detective cffice ard shen into Lie.tenarnt

Roberts’ office, where I hac my initia. comtact #:th mis.

. When you saw him he was under arrest for the r ze:

of Richard Baynes and the ra: sets assau.t cf

Richard Baynes?

A. Yes, sir.

Q. Did you have occasicn at that te tc advise t.2 of

any tights that he may have?

A. Yes, I did.

A-119

Q. Go ahead and read the whole thing.

A. Okay. This statement of, Name, Demetrius Gathers,

is taken before Sergeant Michael Gordon of the Charleston

City Police Department, 9-16-86. This statement was

begun at 6:40 p.m.

"I, Demetrius Gathers, whose address is 20 Endo

Drive, am nineteen years of age and have completed the

eleventh grade in school. Sergeant M. Gordon, who has

advised me that he is a member of the Charleston City

A-120

Police Department and also advised se...* -- then there

are the Miranda. Would you like me to go through those

again?

Q. Go ahead and skip those. You have already published

those.

A. Okay. The narrative begins, on Saturday, 9-13-86,

about 7:30 p.m., I met up with ande ll Bayes on the

bicycle track by Porest Park. We then walked back toward

Ardmore on the track and we met up with Nice, who is

Steven Bardrick. This was up near Starcastie Apartments.

From there we three walked back toward Maryville, and

from there we went to Orleans Gardens. My cousin Dana

drove us.

“We stayed at Orleans Gardens until about 9:20

p-.m., and ther we bert to the pool hall on Wappoo Road.

This was me, Zandell, Dana and Steven. Dana dropped us

three, Zandell, Steven and myself, off at the pool hall

and left. We stayed at the pool hall about twenty-five

minutes. Ther we left and went to Maryann's house. She

lives on Sequoia Drive. We stayed at Maryann's act ter

minutes, then we left and started walking on the bike

path again.

"When we got back near Starcastle Apartments,

we met up with Dee Brown on the path. From there the

four of us, Dee Brown, Zandell Bayes, Steven Bardrick and

A-121

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E — — — — — — — —

r e e — |

myself, walked to the Majik Market next to Saint Andrews

Gardens and bought four Lowenbrau beers. Dee Brown

purchased them. From here we val, ed back on the path and

walked to the Beer Barn on Savannah Bighway and bought a

twelve-pack of Schaefer beer. We then walked back to

Evergreen Street and stopped and talked to a man named

Reuben.

"We then went from there back onto the path and

walked back to the bench near Starcastle Apartments. At ö

this time a black male was changing clothes on the bench.

The black male and Zandell started talking, and zende l!

then hit him in the face. At this time Dee Brown started

hitting him too. Then I started to hit him also.

"At this time Zandell started choking the black

male, and I hit the black male two times in the chest,

and he broke away. Dee Brown then grabbed the black male

and started choking him. At this time Steven walked over

and said, “Let him go.” Steven then walked down the

pathway toward Starcastle Apartments. I then left also

and walked into Starcastle Apartments. Zandell and Dee

Brown were still back on the path. About three minutes

later they came out.

"About ten minutes later we walked back to the

path. It was me, Zandell, Dee Brown. Steven stayed at

the apartments. When we got back to the path the black

A-122

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W K eee e

male was lying on the ground sbout fifteen feet away from

the bench. Se was making funny noises. I told tendell

we should call EMS, but he said no. I then poured some

beer in the black male's face to try and wake his up.

Dondrell then started beating him in the head with the

umbrella, and Zandell stopped his.

“At this time me and Zande!l picked up the

black male ard laid his on the bench, and the three of us

walked beck to the apartments. Then Dondrell, Dee Brown,

went back to see whether the man was still alive and

found out he was. At this time, Dee Brown and I went to

20th Century Pox Club and later returned to Starcastile

Apartments, where my mother came and picked me up

That was the end of the narrative. And I then

asked a series of questions tc him, the first being,

“who stabbed the black male om the pathway?° 18

response was, Nobody

The second question, “Who sexually assaulted

the black sale with the umbrella?* His answer, “I guess

Dee Browa did it when he went back out there alone. The

wabrella belonged to him. It was brows and beige.*

Third question, did anyone ef you four have a

knife that night?* "Not that I recall. Oh, yeah,

Dondrell had a knife, but i didn't see dir stab anyone.*

"Did Steven ever hit or kick or injure this

A-123

black male?" ie response was, “No.*

"Did either of you four take any property from

this black male?" Sis response was, No.

“Who ransacked the man's property and threw it

@round?" is response was, “It happened in the scuffle.*

Last question, “Is there anything else you wish

to tell?" is response was, “No, that’s it.*

Q. All right, Sergeant. Zandell Sayes, he is now

charged with murder and criminal sexual conduct?

A. Yes, sir.

Q. Be is awaiting trial?

A. Yes, sir.

A-124

TBE COURT: Mr. Solicitor.

MR. CONDON: Thank you, Your Honor. Madame

Porelady, ladies and gentlemen of the jury, I want

to first thank you for your service in this case.

I know it has been a real inconvenience on you. On

behalf of the Haynes Family, or behalf of the people

who have been here, I'm sure on behalf of the

defendant himself, we thank you for your close

attention.

At this stage of the proceeding your duty at

A-125

this point becomes to decide the appropriate

punishment for the murder of Richard Allen Haynes.

And Bis Honor will instruct you on the applicable

law in South Carolina, and I want to briefly go

through that with you, if I might.

You are to weigh, in coming to your decision,

the mitigating circumstances -- that is the

circumstances that lessen the severity of this

murder -- as well as the aggravating circumstances

— that is those circumstances that make it worse.

Before a death sentence can be imposed in this state

the jury must find beyond a reasonable doubt the

existence of an aggravating circumstance. In this

case we rely on the aggravating circumstance of

criminal sexual conduct in the first degree. You

have found him guilty of that beyond a reasonable

doubt, and that has in effect been decided althougt

you have to make a further finding at this point,

and we re on thet circumstance.

Once that circumstance is ond the mitigating

circumstances have to be considered. If you do fine

mitigating circumstances -- and that is

circumstances that will lessen the severity of this

murder — the death penalty can still be imposed.

Let's go through the mitigating circumstances

—

A-126

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— —

— o

120

that the defendant relies upon in this case. fis

Honor will instruct you that one of the mitigating

circumstances or a circumstance that they think

lessens the severity of this murder is the age or

mentality of the defendant. Well the proof has been

very clear. He is nineteen years of age. He has

tan ly that loves him. No evidence of any mental

disease or defect. Knows what is going on. Able to

go through school. ’

Now there has been some talk here of: This is

a young man feeling his oats. Or boys, I think that

was the term. Well you tell Richard Allen Haynes

about these boys out there on that bike peth. He

knows what he is doirg.

They also talk about the lack of the capecity

of the defendant to conform his conduct to the

requirements of law. He has full capacity to 4c

that. Be chooses not to. Look at his record.

They also say the defendant was under ge

influence of mental or emotional ¢isturtence. The

only disturbance that this defendant had on thet

night was that he was disturbed that he got blood on

his shirt and he had to change that before he went

to the nightclub.

And they talk about another mitigating or @

127

sos oe w7y fF Ves VS ww

— — — — — — — —

eee

circumstance that iessens the severity of this

murder is the fact that he doesn't have any prior

convictions involving the significant use of

violence against other people. Well you can look at

his record. He has been through the system. Let's

look at the totality of the circumstances in this

case. You will have these exhibits. Look at them

again.

Oh, and how not to decide this case. His Sonor

is going to charge you, and of course it only makes

common sense, in terms of being comfortable with

your vercict and proud of it, I would be the first

to say that this is not an easy procedure

whatscever. Wo one takes any comfort or any

pleasure whatsoever in sentencing anyone to die.

It’s your responsibility in this case to make

this decision. It's mot a easy one. But you have

all stated under oath in the pretrial part of this

trial that if the facts and the circumstances

warranted it and the law allowed it you could vote

for and sign your name tc a docurent calling for the

Geath penalty. This is the case. It's not even

close.

And look at the evidence. This defendant,

Demetrius Gathers -- and if you were to decide this

41286

e e

case based on sympathy -- and, of course, that is

mot the way to do it -- But looking at Reverend

Minister Baynes and his family and his situation,

you would sertence this defendant to death in a

minute. But you don't do it that way. You look at

the mitigating and aggravating circumstances. You

look at the individual characteristics of this

Gefendant and the crime. Let's look at that.

First of all, this is State's Exhibit Sumber

38, the home of Deretrius Gathers. ede class

home. Se has got a roof over his head. Schooling

provided to hit. Teachers, very impressive teacher.

Family rembers that care for him. So talk here of

dere fcrceé inte stealing for the sake of gettirg

deter fcr tees.

ee at thet e.ght. This defendant hed -crer.

ze eee te Sey Teriseene. They gc ané in fac*

Sey @.cche.. Ze hes get @ home. shat does be

cheese te dc? Joes re 8 nightclut. Ges money fcr a

mighteict. These characteristics. It doesn’t st:7

there, Goesn't steg there by any teans. You can

tek im terms of his grice recoré. You are aware cf

these. Fami.y Court. Court of Gereral Seseior:.

And now Se is before you for @ most he.nows act.

Ané look in terns of what happened out there or

a-129

„ e e e

“|

thet bike peth. Reverend Minister Richard Allen

Saynes was at his parents" home. Dorothy Saynes,

Jesse Baynes. And he decides to go for a walk.

This defendant, drinking his beer, comes upon hin,

with others. Reverend Minister Richard Allen Saynes

has his Bible owt, sitting om @ perk bench in our

county, in our community, et a place where de had

every right to be, and he chooses not to talk to

this defendant.

Whet enswed is hard to believe and to describe,

but you have heard the testimony. An attack begins

thet happens in this con- ty. in this community, and

while Reverend Minister Baynes begs for mercy --

Lord no, Lord no -- the degrecetion cortinues. The

circumstances of aggravation .- this case a:

overwhe ming.

Under your responsibility, under our lav, and

weighing the mitigeting and aggraveting

circumstances, the verdict in this case, the

Gecision, must be death.

And you will heve this instrument of to:- sre

and pein. And when the defendant talas about tir

being a young man and feeling his oats, not Encwing

any better, you tell Ricky Allen Baynes, when this

instrument wes in his privete body part, thet this

„ „ „% we ell

W ‚ WwW & WwW NH FY CO COC Oost Rg w- S 9 —

wy NY NN NHR s

oe ww we & 6

defendant was a young man who didn't know what he

was doing.

And as his life fluids seeped out onto our

public park, and as he was losing consciousness and

with the pain shooting throughout his body, you tell

Reverend Minister Richard Allen Haynes that this

defendant was feeling his oats, was acting wild and

crazy, and this was a high school prank. And it

doesn't stop there.

After using that instrument he goes and

socializes and goes back. The depravity, the

premeditation, the willfulness, the wantonness. An

animal would have gotten ere mercy. He goes back

and with a knife stats Reverend Minister Haynes in

his abdomen. And with little thought, with no

thought, as to Reverend ares rights, as to

Reverend Haynes’ fart, gces tack and goes to the

20th Century Fox nightciut. Goes to sleep that

might. I am sure he slepc very peacefully because

there was no concerr c cf this atrocity.

And you will have the exr:bits to think about

what happened out there. ‘Ycu will have some

exhibits in there that will tell you, tell you what

your decision must be in this case, although it’s

not pleasant. We know from the proof that Peverend

A-131

oo @o st Dn WF f& WY HR

~ —

— 8

Minister Haynes was a religious person. fe had his

religious items out there. This defendant strewn

them across the bike path, thinking nothing of that.

Among the many cards that Reverend Haynes had

among his belongings was this card. It's in

evidence. Think about it when you go back there.

He had his religious items, his beads. we had a

Plastic angel. Of course, he is now with the angels

now, but this defendant Demetrius Gathers could care

little about the fact that he is a religious person.

Cared little of the pain and agony he inflicted upon

a person who is trying to enjoy one of ou: public

parks.

But :cok at Reverend Minister Haynes’ prayer.

_ ‘It's calzed the Game Guy's Prayer. “Dear God, help

me to be a sport in this little game of life. I

don't ask for any easy place in this lineup. Play

me anywhere you need me. I only ask for the stuff

to give you one hundred percent of what I have got.

If all the tard drives seem to come my way, I thank

you for the compliment. Help me to rerember that

you won't ever let anything come my way that you ard

I together can't handle. And help me to take the

dad break es part of the game. Help me to

understand that the game is full of knots and knocks

o Dn YF & Ww WN &

1204

and trouble, and make me thankful for them. Help me

to be brave so that the harder they come the better

I like it. And, oh God, help me to always play on

the square. No matter what the other players do,

help me to come clean. Help me to study the book so

that I'll know the rules, to study and think a lot

about the greatest player that ever lived and other

players that are portrayed in the book. If they

ever found out the best part of the game was helping '

other guys who are out of luck, help me to find it

out, too. Help me to be regular, and also an

inspiration with the other players. Finally, oh

God, if fate seers to uppercut me with both hands,

and I ar ‘aid om the shelf in sickness or old age or

something, help re to take that as part of the game,

too. Help me nct to whimper or squeal that the game

was a frameup or that I had a raw deal. Wher in the

falling dusk t get the final bell, I ask for ro

lying, complimentary tombstones. I'd only like to

know that you fee: that I have been a good guy, a

good gare guy, a saint in the game of life.

Reverend Min:ster Haynes, we know, was a very

small person. He had his mental problers. Unable

to keep a regular job. And he wasn't blessed with

fame or fortune. And he took things as they came

4132

4133

along. He was prepared to deal with tragedies that

he came across in his life.

And there has been some talk about this being a

tragedy. Well let's get one thing straight. This

isn't a tragedy. Tragedy is a birth defect,

something over which we have no control. This is an

atrocity. This was a willful, premeditated act of

this defendant, who in Charleston County, on our

shores, in this country, took with the most eager

pleasure the life of another in the most gruesome,

hard to describe and hard to believe circumstances.

The appropriate punishment in this case is death.

You will find sore other exhibits in this case

that tell you more atcut e st verdict. Again this

is not easy. No one taxes ary pleasure from it, but

the proof cries out fror the grave in this case.

Among the personal effects that this defendant could

care little about when se went through it is

something that ve al. treasure. Speaks a lot about

Reverend Minister Eay,res. Very simple yet very

profound. Voting. A veter's registration card.

Reverend Haynes te zee in this community. le

took part. And he believed that in Charleston

County, in the United States of America, that in

this country you could go to a public park and sit

A-134

* oe *

Lod * 2

ee a ie te jy | lClUR

on a public bench and not be attacked by the 186

of Demetrius Gathers. Weigh the aggravating

circumstances in this case. Look at it very

carefully. Calmly, rationally.

Reverend Haynes believed that he cculd core

onto our public parks and sit and te protected, 27

the law protected him. That Demetrius Gathers wo..d

not reign supreme on that public bencr. And he

doesn't reign supreme. The law ir this case

protects Reverend Minister Za;r¢:. The groper

verdict, the oniy verdict ir t>.s case, :s death.

Thank you.

A-135

121

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1988

NO. 88-305

STATE OF SOUTH CAROLINA,

PETITIONER,

DEMETRIUS GATHERS,

CERTIFICATE OF SERVICE

I hereby certify that on this 19th day of September,

1988, one copy of the Brief in Opposition to Petition for

Writ of Certiorari together with one copy of Motion for

Leave to Proceed In Forma Pauperis were mailed, postage

prepaid, to the below named counsel for the Petitioner. I

further certify that all parties required to be served have

been so served.

Donald J. Zelenka, Esquire

0 Assistant Attorney General

Office of Attorney General

State of South Carolina

P. O. Box 11549

Columbia, 8. C. 29211

Chief Attorney

South Carolina Office

of Appellate Defense

Suite 301, 1122 Lady Street

Columbia, SC 29201

(803) 734-1330

Counsel for Respondent.

SWORN to before me this

pith day of September, 1988.

1 1 (L. 8s.)

d for rolina

My Commission Expires: /-¢ 24

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.