Joint Appendix Vol I — Kelly v. South Carolina

Supreme Court brief2002

Ask Donna

What actually matters in this document.

Text

No. 00-9280

In The

Supreme Court of the United Statés~

WILLIAM ARTHUR KELLY,

Petitioner,

Vv.

STATE OF SOUTH CAROLINA,

Respondent.

On Writ Of Certiorari To The

Supreme Court Of South Carolina

JOINT APPENDIX

Volume I, Pages 1-155

Rosert M. Dupex CHARLES M. Convbon

SouTH CAROLINA Orrice oF Attorney General

APPELLATE DEFENSE

1122 Lady Street Jon W. McIntosH

Chief Deputy Attorney

Suite 940 General

Columbia, S.C. 29201 —

(803) 734-1330 Donatp J. ZELENKA

Davip I. Bruck Assistant Deputy Attorney

General

Counsel of Record

Rosert E. LomMinack f

P.O. Box 11744 S. CREIGHTON WATERS

Columbia, S.C. 29211 Assistant Attorney General

(803) 765-1044 Post Office Box 11549

; oe Columbia, S.C. 29211

Attorneys for Petitioner (803) 734-6305

Donatp V. Myers

Solicitor

Eleventh Judicial Circuit

Lexington County

Courthouse

Lexington, S.C. 29072

Attorneys for Respondent

Petition For Certiorari Filed April 5, 2001

Certiorari Granted June 25, 2001

COCKLE LAW BRIEF PRINTING CO, (800) 225-6964

OR CALL COLLECT (402) 342-2831

Wee.

TABLE OF CONTENTS

VOLUME I

Chronological List of Relevant Docket Entries...... 1

Pleadings

Indictment for Murder, Kidnaping, Armed Robbery

and Possession or Display of a Knife During the

Commission of a Violent Crime.................. 2

Trial Transcript

Opening Statement by the Solicitor ................ 5

Testimony of Timothy Crowley .................... 16

Testimony of Steven M. Derrick ..................-. 27

Testimony of Dr. Joel S. Sexton................455. 34

Closing Arguments by the Solicitor................ 45

Preliminary Instructions to the Jury-Sentencing Phase

BED co ccccevewndseccesesectscecencpesesossscese 61

Opening Statement by the Solicitor, Sentencing Phase ”

Testimony of Charles Jordan, III] ................... 68

Testimony of Jackie D. Granger..................-- 87

Testimony of Felix E. Williams..................... 103

Testimony of Matthew McCormack ..............-. 119

Testimony of Mark Wharton..................000:- 139

Testimony of Edward D. Bryant ................... 144

TABLE OF CONTENTS - Continued

Page

VOLUME II

Testimony of Dr. Joel S. Sexton.................00. 156

Testimony of Dr. Steven Shea.................0005. 178

Testimony of James E. Aiken ...................... 220

DECOR 20050 ccecsseenensenee sae enn 243

Discussion of Requests to Charge.................. 249

Closing Arguments by the Solicitor................ 254

Closing Arguments by the Defense ................ 276

Charge tothe Jory ....++00ses0esas nau 280

Sentencing

Terri —— 305

oe DI 307

Defense Requests to Charge ...................000. 311

Defense Proposed Requests to Charge ............. 312

Supreme Court Opinion .. .«+0ss0secceess nena 313

Supreme Court Onder ......ss0seuseeeussaueeee 344

U.S. Supreme Court Order...........cccsceccsecees 345

CHRONOLOGICAL LIST OF RELEVANT

DOCKET ENTRIES

November 11, 1996 Petitioner indicted for murder, kid-

naping, armed robbery, and posses-

sion or display of a knife during a

crime of violence.

February 16, 1998 Petitioner arraigned in Lexington

County Court of General Sessions.

September 14, 1998 Jury selection begins in Lexington

County Court of General Sessions.

September 16, 1998 Trial begins.

September 17, 1998 Trial jury finds petitioner guilty as

charged.

September 18, 1998 Penalty phase begins.

September 19, 1998 Sentencing jury returns death sen-

tence, and court imposes death sen-

tence on petitioner.

January 8, 2001 South Carolina Supreme Court

affirms convictions and death sen-

tence.

February 7, 2001 South Carolina Supreme Court

grants stay of execution pending

petition for writ of certiorari.

April 5, 2001 Petition for writ of certiorari filed.

June 25, 2001 Petition for writ of certiorari

granted.

STATE OF SOUTH INDICTMENT FOR

CAROLINA COUNT ONE - MURDER;

COUNTY OF ‘ COUNT TWO -

LEXINGTON tal NAPPING; COUNT

and COUNT FOUR -

POSSESSION OR DISPLAY OF

A KNIFE DURING THE

COMMISSION OF A

VIOLENT CRIME

)

) THRRLE - ARMED ROBBERY:

)

At a Court of General Sessions, convened on Novem-

ber 11, 1996, the Grand Jurors of Lexington County pre-

sent upon their oath:

COUNT ONE - MURDER

That WILLIAM ARTHUR KELLY, did in Lexington

County on or about January 5, 1996, willfully, feloniously

and with malice aforethought kill one SHIRLEY S.

SHEALY by means of stabbing, cutting and wounding the

victim numerous times with a knife, and the said SHIR-

LEY S. SHEALY died in Lexington County on or about

January 5, 1996, as a result of exsanguination due to

incised wounds of the neck and multiple stab wounds to

the back and chest.

COUNT TWO - KIDNAPPING

That WILLIAM ARTHUR KELLY did in Lexington

County on or about January 5, 1996, unlawfully and

feloniously seize, confine, inveigle, decoy, kidnap, abduct

or carry away SHIRLEY S. SHEALY, in that WILLIAM

ARTHUR KELLY did unlawfully deprive SHIRLEY S.

SHEALY of her freedom without authority of law and in

violation of § 16-3-910 of the South Carolina Code of

Laws (1976), as amended.

Against the peace and dignity of the State, and con-

trary to the statute in such case made and provided.

/s/ Donald Myers

SOLICITOR

COUNT THREE - ARMED ROBBERY

That WILLIAM ARTHUR KELLY did in Lexington

County on or about January 5, 1996, while armed with a

deadly weapon, to wit: a knife, unlawfully and feloni-

ously take from the person or in the presence of SHIRLEY

S. SHEALY by means of force or intimidation goods,

monies or other personal items of the said SHIRLEY S.

SHEALY and/or Kentucky Fried Chicken at 431 West

Columbia Avenue in Batesburg-Leesville, such goods,

monies or other personal items being described: Lawful

U.S. coins and/or currency, or other personal property

items, all in violation of § 16-11-330 of the South Carolina

Code of Laws (1976), as amended.

COUNT FOUR - POSSESSION OR DISPLAY OF A

KNIFE DURING THE COMMISSION

OF A VIOLENT CRIME

That WILLIAM ARTHUR KELLY did in Lexington

County on or about January 5, 1996, willfully and

unlawfully have in his possession, or did visibly display,

a knife during the commission of a violent crime or

crimes, to wit: Murder and/or Armed Robbery, as

defined in § 16-1-60, all in violation of § 16-23-490 of the

South Carolina Code of Laws (1976), as amended.

Against the peace and dignity of the State, and con-

trary to the statute in such case made and provided.

/s/ Donald V. Myers

SOLICITOR

el ee ee i oh a

STATE OF SOUTH CAROLINA

IN THE COURT OF GENERAL SESSIONS

ELEVENTH JUDICIAL CIRCUIT

[Caption Omitted In Printing]

TRIAL TRANSCRIPT

OPENING STATEMENTS BY THE SOLICITOR

» » *

[1243] WE’LL NOW BEGIN THE TRIAL OF THE

CASE. OPENING STATEMENTS, SOLICITOR.

THE SOLICITOR: MAY IT PLEASE THE

COURT. MR. FOREMAN AND LADIES AND GENTLE-

MEN OF THE JURY,

[1244] YOU HAVE BEEN INTRODUCED TO EVERY-

BODY. AND I’M GOING TO DO IT AGAIN BECAUSE

YOU ARE GOING TO SEE THESE PEOPLE FOR THE

NEXT FEW DAYS.

MY NAME IS DONNIE MYERS. I’M YOUR SOLICI-

TOR AND SEATED AT COUNSEL TABLE HERE ASSIST-

ING ME IS TOM CHASE AND FRAN HUMPHRIES.

AND IN THE STATE VERSUS WILLIAM ARTHUR KELLY,

WE REPRESENT THE STATE.

MR. KELLY OVER THERE IS REPRESENTED BY MS.

BETH FULLWOOD, WES KIRKLAND, HERVERY

YOUNG. AND THEY REPRESENT THE DEFENDANT.

AND YOU KNOW MONDAY WHEN I READ OUT

THAT INDICTMENT AND WHEN JUDGE CLARY

EXPLAINED IT TO YOU, I'M SURE SOMEONE IN THE

COURTROOM SAID, DO WHAT? MURDER. ARMED

ROBBERY. KIDNAPPING. USE OF A KNIFE IN A VIO-

LENT CRIME. HOW COULD SOMEBODY DO THAT TO

ANOTHER HUMAN BEING? YOU MAY HAVE

THOUGHT THE DEFENDANT WAS ANOTHER LAW-

YER OVER THERE LOOKING AT HIM. HE DID IT. AND

IT’S NOT GOING TO BE PRETTY. WITH HIS HANDS,

HE MURDERED.

MURDER IS THE TAKING OF THE LIFE OF

ANOTHER HUMAN BEING WITH MALICE

AFORETHOUGHT. HE DID THAT.

ARMED ROBBERY. THAT’S STEALING BY PUT-

TING SOMEBODY IN FEAR WITH FORCE AND INTIM-

IDATION WITH A DEADLY WEAPON AND STEALING

FROM THEM. HE DID THAT.

KIDNAPPING. UNLAWFULLY SEIZING, CONFIN-

ING, ABDUCTING ANOTHER HUMAN BEING WITH

FORCE OR INTIMIDATION [1245] WITH ANY TYPE OF

MEANS WITHOUT AUTHORIZATION UNDER THE

LAW. HE DID THAT.

POSSESSION OF A KNIFE DURING A VIOLENT

CRIME. ARMED ROBBERY AND MURDER ARE VIO-

LENT CRIMES. AND, FOLKS, HE HAD A KNIFE. YOU

ARE GOING TO HEAR WHAT HE DID WITH THAT

KNIFE. HE DID THAT. ALL TO A YOUNG WOMAN

NAME [sic] SHIRLEY SHEALY ON FRIDAY, JANUARY

THE 5TH, 1996, SHORTLY AFTER 10:30 P.M. AT THE

KENTUCKY FRIED CHICKEN RESTAURANT IN

BATESBURG, SOUTH CAROLINA, IN LEXINGTON

COUNTY.

IF YOU WILL TAKE THE ROAD IN FRONT OF THE

COURTHOUSE AND TAKE HIGHWAY ONE AND GO

UP TO BATESBURG-LEESVILLE AND YOU GET UP

THERE IN THAT AREA AND THE ROAD FORKS OFF,

23 GOES TO THE RIGHT AND HIGHWAY ONE GOES

TO THE LEFT. GO ON DOWN THROUGH TOWN, YOU

GO PAST SHEALY’S BARBECUE. EVERYBODY KNOWS

WHERE SHEALY’S IS. I EAT THERE TOO MUCH

MYSELF SOMETIMES. THEN YOU GO ON PAST THAT

AND GET ON DOWN THERE IN BATESBURG AND

THAT AREA, KENTUCKY FRIED CHICKEN IS ON THE

RIGHT. YOU ARE GOING TO HEAR A LOT ABOUT

THAT, FOLKS.

SHIRLEY WAS THE MANAGER THERE. HE

[KELLY] HAD WORKED THERE IN 1995. HE KNEW

ABOUT THE PLACE. HE KNEW THE ACTIVITIES. HE

KNEW THE COURSE OR THE CONDUCT OF THE BUSI-

NESS. HE QUIT IN DECEMBER OF ‘95. BUT FOR SOME

REASON, HE CAME BACK ON FRIDAY, JANUARY THE

5TH OF 1996. HE STAYED AROUND THERE A GOOD

BIT THAT AFTERNOON. SHIRLEY [1246] WAS WORK-

ING; OTHER PEOPLE WERE WORKING. SOME OF HIS

FORMER ASSOCIATES THAT HE WORKED WITH. HE

LEFT ABOUT DARK AND HIS PLAN WAS ALREADY

IN MOTION. SHIRLEY HAD LESS THAN A FEW

HOURS TO LIVE BECAUSE HE KNEW WHAT HE WAS

GOING TO DO. HE KNEW WHAT HE WAS GOING TO

DO BECAUSE HE HAD SOMETHING IN HIS HEART

CALLED LUST. LUST FOR THE ALMIGHTY GREEN-

BACK DOLLAR. HE HAD MURDER ON HIS MIND

AND LUST IN HIS HEART FOR THAT MONEY AND BE

DAMN IF ANYBODY GETS IN HIS WAY.

SHIRLEY WAS HIS TARGET. YOU ARE GOING TO

SEE A BUNCH OF EXHIBITS. YOU ARE GOING TO SEE

A BUNCH OF DIAGRAMS. AND YOU ARE GOING TO

HEAR WITNESSES TESTIFY ABOUT IT. YOU ARE

GOING TO HEAR SOME PEOPLE TESTIFYING ABOUT

THAT NIGHT, CLOSING UP. TWO LADIES THERE TO

CLEAN UP. THEY CUT OUT THE LIGHTS ABOUT TEN

AND THEN THEY HAVE TO CLEAN UP FOR AWHILE.

TWO FOLKS WERE THE LAST TWO TO WALK OUT OF

THE KENTUCKY FRIED CHICKEN, SHIRLEY SHEALY

AND A LADY NAME MS. BARBARA ADAMS. THEY

GO OUT AND GET IN THEIR CARS. SHIRLEY LEAVES

FIRST. SHE COMES OUT OF THE KENTUCKY FRIED

CHICKEN. YOU ARE GOING TO SEE THIS DIAGRAM.

THIS IS IT RIGHT HERE (INDICATES). THIS IS THE

KENTUCKY FRIED CHICKEN PLACE IN BATESBURG.

SHEALY’S IS RIGHT THERE (INDICATES). LEX-

INGTON. DOWN HERE IS GOING DOWN TOWARDS

AIKEN. YOU GO IN HERE, YOU COME AROUND.

WHEN THEY WENT OUT THAT NIGHT, SHIRLEY

GOT IN HER CAR BACK HERE BY THIS GARBAGE

DUMPSTER (INDICATES). MS. [1247] ADAMS GOT IN

HER CAR HERE (INDICATES) SHIRLEY PULLED OUT

TO TAKE A RIGHT TO GO DOWN TO THE STOPLIGHT

WHERE SHE WOULD GO HOME. MS. ADAMS STAYED

THERE FOR AWHILE FOR HER CAR TO WARM UP

AND THEN SHE LEFT. LITTLE DID MS. ADAMS KNOW

THAT WOULD BE THE LAST TIME SHE WOULD SEE

HER FRIEND SHIRLEY SHEALY.

SHIRLEY GOES ON DOWN THE ROAD. HE STARTS

HIS PLAN. HE ABDUCTS HER. HE WAS IN HER CAR.

SHE DOESN’T KNOW IT. HE’S GOT A KNIFE. THEY

. ces

CALL IT A SKIN-DIVING KNIFE. IT’S AN UGLY LOOK-

ING THING. IT’S SHARP. HE MAKES HER GO BACK TO

THAT KENTUCKY FRIED CHICKEN. WHY? HE

KNOWS THE MONEY IS IN THE SAFE. WHY HER? SHE

KNOWS THE COMBINATION. AND WHY DOES HE

TAKE HER BACK? LUST FOR THE GREENBACK DOL-

LAR.

HE MAKES HER PULL UP, STOPS THE CAR RIGHT

HERE (INDICATES). THERE ARE TWO WAYS TO GET

IN. YOU CAN GO IN THROUGH THE DOOR ON THIS

SIDE, THE DOOR ON THE OTHER SIDE. HE MAKES

HER GO INTO THE DOOR RIGHT THERE WHERE HER

CAR IS. HER CAR IS STILL RUNNING. HER DOOR IS

OPEN. WHEN HE GETS OUT THE BACK, HE KNOCKS

OUT A PIECE OF PAPER THAT’S DOWN THERE ON

THE GROUND. HE GOES INSIDE. HE MAKES HER

OPEN THE SAFE FOR WHAT HE WANTS. OVER 13

HUNDRED DOLLARS IN THAT SAFE. SHE HAD PUT IT

IN THERE SHORTLY BEFORE WHEN SHE MADE HER

ACCOUNTING. SHE HAD EVEN WRITTEN OUT IN

HER HAND SOME OF THE MONEY SHE HAD PUT IN

THERE. YOU ARE GOING [1248] TO SEE THAT.

WHEN THE MONEY’S GOTTEN OUT OF THE

SAFE, THEN HE TAPES HER HANDS BEHIND HER

BACK WITH DUCT TAPE. HE TRIES TO TAPE HER TO

A CHAIR. THERE IS SOME DUCT TAPE AROUND A

CHAIR HE TRIED TO TAPE HER LEG TO AND THEN

HE BEGINS TO WORK ON HER WITH HIS KNIFE.

HE’S STABBING HER ALL OVER THE PLACE.

SHE’S ABLE TO GET LOOSE FROM THAT CHAIR. A

LITTLE SMALL OFFICE, NO BIGGER THAN THIS WIT-

NESS BOX IN HERE WHERE THE SAFE IS DOWN IN

THE FLOOR. IT’S JUST A HOLE IN THE FLOOR. THEY

GO FROM AROUND THAT AREA, FIGHTING, SCUF-

FLING, RIGHT ON TO THE BACK OF THE STORE.

THERE’S BLOOD, FOLKS, EVERYWHERE. THAT

SECOND PART IS WHERE HE FINISHES HER OFF. HE

STABBED HER OVER THIRTY TIMES. HE SLIT HER

THROAT FROM SIDE-TO-SIDE. HE CUT HER ON THE

SIDE OF THE NECK. HE CUT HER FROM THE TOP OF

HER HEAD DOWN TO HER BACK. HE CUT HER ON

THE BACK. HE CUT HER IN HER NECK, CUT HER

UNDER HER BREASTS, ON THE SIDE AND JUST

RIPPED HER BACK FROM EVERYWHERE IMAGIN-

ABLE. THAT’S WHAT HE DID.

AND IN SCOOPING UP HIS LUST FOR MONEY

AND HIS MONEY, HE WAS INTERRUPTED. HE WAS

INTERRUPTED BY A POLICE OFFICER WHO JUST

HAPPENED TO COME BY. HE SAW THE CAR, SAW

THE CAR RUNNING, SAW THE DOOR OPEN AND HE

SAID, NOW, WAIT A MINUTE, SOMETHING’S NOT

RIGHT HERE. I GO IN THAT PLACE TO [1249] EAT

AND THEY CLOSE THE LIGHTS AT TEN AND THE

LIGHTS ARE ON INSIDE. SOMETHING IS NOT RIGHT.

SO THIS POLICE OFFICER GOES DOWN - AS HE

PASSED THE PLACE, HE TURNS AROUND AND HE

COMES BACK. NO OTHER CAR IS AROUND, BUT

SHIRLEY’S. AND WHEN HE PULLS IN HERE, HE SEES

SOMEBODY INSIDE, DUCKED DOWN. NEARLY CAU-

GHT HIM THERE. HE CAME THAT CLOSE.

THE OFFICER PULLS ON AROUND HERE TO

WHERE SHIRLEY’S CAR IS AND WHEN HE DOES, THE

DEFENDANT JUMPS OUT OF THIS DRIVE-IN WIN-

DOW AND RUNS ACROSS THIS BACK FENCE AND

GETS IN HIS CAR THAT HE HAS LEFT BACK THERE

TO CARRY OUT HIS PLAN.

PLANNING, ARRANGING. GETS AWAY. AND

THAT OFFICER GOES INSIDE AND HE SEES LITER-

ALLY A BLOOD BATH. HE SEES SHIRLEY IN THE

BACK FACE DOWN, BLOOD EVERYWHERE. MONEY

ALL OVER THE FLOOR. AND HE CALLS FOR BACKUP

BECAUSE HE’S SEEN SOMEONE IN THERE AND HE

DOESN’T WANT TO GO IN WITH WHAT HE JUST SAW.

HE’S ASKING FOR BACKUP. MORE OFFICERS COME.

THE DEFENDANT IS ON HIS WAY WITH MONEY HE

CARRIED OUT. NOT VERY MUCH. AND YOU WILL

HEAR WHAT HE TOOK SHIRLEY SHEALY’S LIFE FOR.

THEY CALL IN SOME S.L.E.D. FOLKS TO PROCESS

THE PLACE. THEY CALL IN THE BLOODHOUNDS

AND THE BLOODHOUNDS PICK UP A TRAIL BACK

OVER HERE OVER THE FENCE AND IT GOES BACK

OUT TO A STREET BACK OVER HERE WHERE HE

HAD HIS CAR [1250] PARKED TO MAKE HIS GETAWAY

THAT HE HAD LEFT THERE.

SHIRLEY IS BUTCHERED. YOU WILL HERE THE

PATHOLOGIST TALK ABOUT THE STAB WOUNDS,

THE CUTS. IT’S MONEY ALL UNDER SHIRLEY. IT’S

MONEY ALL OVER THE FLOOR. IT’S BLOOD EVERY-

WHERE. IT’S FOOTPRINTS. HIS. THEY PROCESS THE

SCENE AND THEY CHECK AROUND.

THEY START TALKING WITH PEOPLE AND TRY

TO FIND OUT WHO IN THE WORLD COULD HAVE

DONE THIS TO SHIRLEY SHEALY. WHO COULD HAVE

BUTCHERED HER LIKE THAT. AND THEY FIND OUT

HE WAS AROUND THE STORE THAT DAY. HE’S MISS-

ING. THEY DON’T FIND HIM FRIDAY NIGHT. THEY

DON’T FIND HIM SATURDAY. THEY DON’T FIND HIM

SUNDAY. AND THEN MONDAY AFTERNOON, THEY

FIND OUT THAT HE IS MANY STATES AWAY IN LOW-

ELL, MASSACHUSETTS, WHERE HIS SISTER LIVES. HE

TAKES OFF FROM BATESBURG-LEESVILLE AND HE

STARTS HIS RUNNING. HE’S ON THE RUN. I-20, 95,

NORTH CAROLINA, VIRGINIA, RIGHT ON UP, PHILA-

DELPHIA, NEW YORK, NEW JERSEY, LOWELL, MAS-

SACHUSETTS.

THE CHIEF OF THE BATESBURG POLICE DEPART-

MENT, CHIEF OSWALD, WHO IS SITTING RIGHT

BACK THERE ON OUR BENCH, HE FINDS OUT FROM

A RELATIVE WHO CALLS HIM. HE CALLS THE LOW-

ELL MASSACHUSETTS POLICE DEPARTMENT AND

WE HAVE SOME FINE OFFICERS HERE FROM LOW-

ELL MASSACHUSETTS. THEY GO TO THAT RESI-

DENCE. WILLIAM A. KELLY IS THERE. THEY ASK HIM

CAN THEY TALK WITH HIM. SURE. SAYS WE WANT

TO TALK TO YOU [1251] ABOUT SOMETHING THAT

HAPPENED IN BATESBURG, SOUTH CAROLINA.

THOSE OFFICERS NEVER HEARD OF BATESBURG,

SOUTH CAROLINA. THEY DON’T KNOW WHAT HAP-

PENED. THEY JUST GOT A CALL FROM THE CHIEF

AND THEY WANT TO FIND OUT ABOUT SOMETHING

AT A KENTUCKY FRIED CHICKEN PLACE. THEY ASK

HIM AT FIRST, DO YOU KNOW ANYTHING ABOUT IT.

NO, NOT ME. I DON’T KNOW A THING. AND THEY

SAID, WELL, THERE’S SOMETHING DOWN THERE

HAPPENED TO A WOMAN, WE WANT TO KNOW IF

YOU KNOW ANYTHING ABOUT IT BECAUSE THEY

WOULD LIKE TO TALK WITH YOU.

THEY ADVISE HIM OF HIS LEGAL RIGHTS. YOU

HAVE HEARD OF THE MIRANDA RIGHTS. THEY

ADVISE HIM. THEY GIVE HIM THAT COURTESY. HE

SAYS I KNOW MY RIGHTS AND, WELL, YEAH, I DID

IT. AND THEY SAID, WILL YOU COME DOWN TO THE

STATION WITH US AND PUT IT IN WRITING. SURE.

THEY ADVISE HIM AGAIN OF HIS LEGAL RIGHTS.

IN WRITING, HE SAYS THEY ADVISED ME OF MY

LEGAL RIGHTS. THEY TOLD ME I HAVE THE RIGHT

TO A LAWYER AND I CAN BE QUIET AND NOT SAY

ANYTHING. WHATEVER I SAY CAN BE USED

AGAINST ME AND WHOLE LOT OF OTHER RIGHTS.

HE GIVES UP THOSE RIGHTS. WAIVES THEM. HE

TELLS THEM A STORY. SOME TRUTH, SOME LIES.

HE’S STILL LYING, BUT HE ADMITS KILLING SHIR-

LEY. HE EVEN DESCRIBES THE KNIFE THAT HE USED.

AND HE SAID I MUST HAVE LEFT IT THERE AND HE

DID BECAUSE THE KNIFE WAS FOUND THERE AT

THE PLACE HE LEFT THERE. HE EVEN TOLD THEM

WHAT WAS WRITTEN ON THE HANDLE OF THAT

KNIFE AND [1252] DESCRIBED IT TO THEM. HE EVEN

TOLD THEM ABOUT TAPING UP SHIRLEY AND HE

SAID I KEPT STABBING HER EVEN WHILE SHE WAS

GASPING FOR BREATH. HE WAS TALKING ABOUT

TYING HER HANDS BEHIND HER. AND HE TELLS

SOME TRUTH IN THERE. HE TELLS SOME LIES IN

THERE. HE SAYS, YES, SIR, | JUMPED OUT THAT

DRIVE-IN WINDOW, RAN AWAY. AND THEY SAID,

WELL, CAN YOU PUT ALL OF THAT DOWN HERE

AND SIGN YOUR NAME ON IT AND HE DOES AND

YOU WILL SEE, WRITTEN OUT SEVERAL PAGES,

SOME TRUTH, SOME LIES. AND YOU WILL HEAR THE

EVIDENCE. YOU DECIDE WHAT THE TRUTH IS.

THAT’S YOUR JOB.

AND THEN THEY TAKE SOME OF HIS CLOTHING

AND YOU KNOW WHAT HE’S GOT IN HIS FRONT

POCKET IN LOWELL, MASSACHUSETTS, STILL ON

MONDAY. HE’S GOT 90 DOLLARS, FIFTY ONE’S AND

TWO TWENTY’S. IT’S BLOODSTAINED. AND YOU

KNOW WHOSE BLOOD IS STILL ON THAT MONEY IN

HIS POCKET IN LOWELL, MASSACHUSETTS, ON

MONDAY. SHIRLEY SHEALY’S. THERE’S A WHITE

T-SHIRT HE’S GOT IN LOWELL, MASSACHUSETTS.

YOU KNOW WHOSE BLOOD IS ON THAT WHITE

T-SHIRT OF HIS? SHIRLEY SHEALY’S. HE’S GOT A

PAIR OF BLACK PANTS AND YOU KNOW WHOSE

BLOOD IS ON THOSE BLACK PANTS. SHIRLEY

SHEALY’S. HE’S GOT A PAIR OF BLACK AND BROWN

BOOTS. GUESS WHOSE BLOOD IS ON THOSE BLACK

AND BROWN BOOTS. YOU’LL HEAR THEM TESTIFY

TO IT.

HE’S GOT 90 DOLLARS WITH HIM UP THERE. HE

HAD SPENT SOME ON THE WAY TO BUY NEW

CLOTHES, TO BUY NEW SHOES.

[1253] SHIRLEY’S TAKEN FOR AN AUTOPSY. SHE

WAS LYING FACE DOWN; AND IN THE BLOOD,

CAKED TO HER CLOTHES IS 102 DOLLARS THAT SHE

rs ln eee om me

HAD FALLEN ON, 102 DOLLARS. THAT’S WHAT HE

DID. THAT’S WHAT WILLIAM KELLY DID.

POSSESSION OF A WEAPON IN THE COMMIS-

SION OF A VIOLENT CRIME, YES, SIR, YES, MA’AM.

THAT KNIFE. KIDNAPPING, YES, SIR. HE DEPRIVED

HER OF HER FREEDOM, HE CONFINED HER, HE

SEIZED HER WITHOUT ANY TYPE OF AUTHORITY OF

THE LAW.

ARMED ROBBERY, CERTAINLY. HE’S STILL GOT

THE BLOOD MONEY ON HIM. SAVES MONEY THAT’S

BEEN TAKEN OUT.

AND MURDER, THE MOST HEINOUS CRIME

KNOWN TO MANKIND. YES, SIR. HE BUTCHERED

HER LIKE AN ANIMAL WHAT FOR -

MR. KIRKLAND: OBJECTION, YOUR HONOR.

I THINK HE’S GETTING -

THE SOLICITOR: - FOR LUST -

MR. KIRKLAND: - INTO ARGUMENT.

THE COURT: JUST ONE MOMENT.

I’M SORRY, I DIDN’T UNDERSTAND YOU.

MR. KIRKLAND: I THINK HE’S GETTING

INTO ARGUMENT. HE’S GONE BEYOND OPENING

STATEMENTS.

THE COURT: ALL RIGHT.

SOLICITOR, IF YOU WOULD PLEASE MAKE AN

OPENING STATEMENT.

(1254) THE SOLICITOR: YES, FOR WHAT -

FOR WHAT HE VALUES MORE THAN COMMON

DECENCY, FOR WHAT HE VALUES MORE THAN THE

FEELINGS OF OTHERS, FOR WHAT HE VALUES MORE

THAN HUMAN LIFE, THE LUST FOR MONEY.

[1374] TIMOTHY CROWLEY - DIRECT BY MR. CHASE

” ” od

A LOWELL, MASSACHUSETTS POLICE DEPARTMENT

STATEMENT REPORT. JANUARY 8, 1996, AT 5:40 P.M.

TELEPHONE NUMBER 803-657-5523.

QUESTION: WAS A MIRANDA CARD READ AND

SIGNED: YES.

MY NAME IS: KELLY, WILLIAM ARTHUR.

ADDRESS: 93 THORNTON ROAD, BATESBURG,

SOUTH CAROLINA.

FATHER’S NAME: MICHAEL THOMAS KELLY.

[1375] MOTHER’S MAIDEN NAME: JULIA L.

KELLY. MARRIED: NO.

DATE OF BIRTH 5-26-78.

SOCIAL SECURITY NUMBER: 248-53-9902. OCCU-

PATION: COOK.

AT: MCDONALD’S AIKEN, SOUTH CAROLINA.

I AM MAKING A VOLUNTARY STATEMENT TO

OFFICERS SERGEANT BRENDAN DURKIN AND

INSPECTOR TIM CROWLEY.

PA ORE Re A Me AR -_

QUESTION: WHAT IS THE HIGHEST SCHOOL

GRADE YOU ATTENDED?

ANSWER: NINTH.

QUESTION: ARE YOU PRESENTLY UNDER DOC-

TOR’S CARE?

ANSWER: NO.

QUESTION: ARE YOU TAKING ANY MEDICA-

TION?

ANSWER: NO.

HAVE YOU BEEN DRINKING ALCOHOLIC BEVER-

AGES?

ANSWER: NO.

HAVE YOU RECENTLY USED ANY FORM OF CON-

TROLLED SUBSTANCES?

ANSWER IS NO.

SUMMARY: THE STATEMENT THAT I AM ABOUT

TO GIVE WILL BE GIVEN OF MY OWN FREE WILL. NO

ONE HAS THREATENED ME OR PROMISED ME ANY-

THING TO GIVE THIS STATEMENT. I HAVE BEEN

ADVISED OF MY RIGHTS BY SERGEANT DURKIN,

WHO READ THE RIGHTS OUT LOUD TO ME FROM

AN ORANGE CARD. I UNDERSTOOD [1376] THE

RIGHTS THAT WERE READ TO ME. I SIGNED THE

CARD WHICH I KNOW MEANS THAT I UNDERSTAND

MY RIGHTS. AFTER I SIGNED THE CARD, THE POLICE

ASKED ME IF I WAS WILLING TO TALK TO 1:iEM

ABOUT THE REASON THAT I DROVE FROM SOUTH

CAROLINA TO MASSACHUSETTS. MY SISTER LIVES

IN LOWELL AND I HAD PLANNED TO DRIVE UP

HERE TO VISIT HER, BUT I HAD A PROBLEM IN

SOUTH CAROLINA THAT MADE ME DECIDE TO

COME EARLIER THAN I HAD PLANNED.

LAST FRIDAY NIGHT, JANUARY 5, 1996, JUST

AFTER 10:00 P.M., I STABBED SHIRLEY SHEALY INSIDE

THE KENTUCKY FRIED CHICKEN RESTAURANT AND

TOOK SOME OF THE RESTAURANT’S MONEY. AFTER

DOING THIS, I WAS SCARED AND DIDN’T KNOW

WHAT TO DO. I KNEW THAT I HAD TO GET OUT OF

SOUTH CAROLINA BECAUSE I KNEW THAT THE

POLICE WOULD BE LOOKING FOR ME. I DECIDED TO

COME TO LOWELL, MASSACHUSETTS, AND WHILE I

WAS DRIVING UP HERE, THINK OVER WHAT I HAD

DONE AND WHAT I SHOULD DO.

I INTENDED TO GO BACK TO SOUTH CAROLINA

AFTER AWHILE, BUT NOT RIGHT AWAY.

TONIGHT, WHEN THE DETECTIVES CAME TO MY

SISTER’S HOUSE, I HAD A GOOD IDEA WHY THEY

WERE THERE, BUT I DIDN’T KNOW WHAT TO SAY

AND DIDN’T WANT TO GET MY SISTER ELIZABETH

INVOLVED IN ANYTHING THAT SHE DIDN’T KNOW

ANYTHING ABOUT. WHEN THE POLICE CAME INTO

THE HOUSE, THEY TOOK ME INTO A ROOM SO THAT

WE COULD TALK PRIVATELY. I WAS GLAD THAT

THEY HAD DONE THIS - CORRECTION. I WAS GLAD

[1377] THAT THEY HAD DONE THAT BECAUSE |

DIDN’T WANT MY SISTER TO KNOW WHAT WE

WOULD BE TALKING ABOUT.

THEY READ THE RIGHTS CARD TO ME AND I

SIGNED IT BECAUSE I UNDERSTOOD THE RIGHTS.

AT FIRST, THE POLICE TOLD ME THAT THEY KNEW

ABOUT THE PROBLEM THAT I HAD HAD AT HOME

IN SOUTH CAROLINA AND I LIED AND I TOLD THEM

THAT I DIDN’T HAVE A PROBLEM. I LIED BECAUSE I

WAS AFRAID FOR MY SISTER AND DIDN’T WANT TO

SAY TOO MUCH.

THEN I REALIZED THAT THE POLICE ALREADY

KNEW WHAT I HAD DONE AND I JUST WANTED TO

GET IT OVER WITH. THE POLICE TOLD ME THAT I

COULD TELL MY SIDE OF THE STORY AND THEY

WOULD TYPE IT DOWN AND LET ME READ IT TC

MAKE SURE WHAT IT SAYS IS WHAT I SAID.

I LIVE IN BATESBURG, SOUTH CAROLINA, WITH

MY MOM AND MY DAD. I WORK AT MCDONALD'S -

AT A MCDONALD'S RESTAURANT IN AIKEN, SOUTH

CAROLINA, WHICH IS OFF U.S. ONE. I HAVE

WORKED THERE FOR FOUR TO SIX MONTHS. BEFORE

I WORKED AT MCDONALD’S, I WORKED AT KEN-

TUCKY FRIED CHICKEN AND AT BURGER KING.

WHEN I WENT TO WORK AT KENTUCKY FRIED

CHICKEN, SHIRLEY SHEALY WAS THE MANAGER.

SHE WAS A FRIEND OF MY SISTER. SHIRLEY SEEMS

LIKE SHE IS ABOUT 25 TO 27-YEARS OLD. SHE IS

MARRIED TO A GUY NAMED NEAL SHEALY. NEAL

DOESN’T LIKE ME THOUGH. HE ACCUSED ME OF

SLEEPING WITH SHIRLEY. I NEVER GOT INTO AN

ARGUMENT WITH HIM THOUGH. I [1378] USED TO

JUST IGNORE HIM. HE WOULD EITHER SAY SOME-

THING TO ME OR SAY IT TO SHIRLEY.

I WORKED AT K.F.C. MORE THAN EIGHT TO TEN

MONTHS AND QUIT BECAUSE OF SHIRLEY. WHILE I

WORKED THERE, SHIRLEY WAS ALWAYS ASKING ME

TO STAY WITH HER, SAYING THINGS LIKE SHE

WANTED ME TO SLEEP WITH HER AND SHE WOULD

COME UP TO ME AND FONDLE ME - MY WHOLE

BODY SAYING THAT SHE WANTED TO HAVE SEX

WITH ME. SHE ACTUALLY WOULD GRAB ME BY THE

BALLS AND SAY THAT SHE WANTED ME BECAUSE -

CORRECTION. GRAB ME BY THE BALLS AND SAY

THAT SHE WANTED ME, BUT BECAUSE SHE WAS

UGLY AND UNATTRACTIVE AND SEEMED DIRTY

AND SMELLED, I WAS NEVER INTERESTED. I WOULD

ALWAYS TELE HER TO LEAVE ME ALONE. SHIRLEY

WOULD GET MAD AT ME BECAUSE I WOULDN'T

SLEEP WITH HER AND BECAUSE OF THIS, SHE

WOULD MAKE ME DO JOBS THAT ORDINARILY |

WOULDN'T HAVE TO DO LIKE CLEAN THE LOBBY

AND OTHER THINGS. EVERY ONCE IN A WHILE, I

WOULD PLAY ALONG WITH HER AND ACT LIKE I

WAS INTERESTED AND THEN TURN AWAY JUST TO

MAKE HER MAD.

BECAUSE I WAS SICK OF DEALING WITH HER, I

QUIT THE JOB. AFTER I QUIT, SHIRLEY CALLED ME A

FEW TIMES AND ASKED ME HOW I WAS DOING. SHE

WOULD STILL COME ON TO ME SEXUALLY. AT NO

TIME DID I EVER HAVE PHYSICAL CONTACT WITH

HER.

I HAVE NOT WORKED AT KENTUCKY FRIED

CHICKEN FOR THREE OR FOUR MONTHS, BUT

WHILE I WAS THERE, I DID KNOW [1379] THAT SHIR-

LEY WAS PREGNANT. HER HUSBAND HAD ACCUSED

ME OF BEING THE FATHER, BUT LIKE I SAID, ‘VS

NEVER HAD SEX WITH HER.

I'VE BEEN ASKED TO DESCRIBE IN MY OWN

WORDS WHAT HAPPENED INSIDE THE KENTUCKY

FRIED CHICKEN LAST FRIDAY NIGHT AND I AGREED

TO DO THIS.

LAST THURSDAY NIGHT, JANUARY 4, ’96, I WAS

AT HOME AND GOT A PHONE CALL FROM PATISHA

DOZIER WHO I WORKED WITH AT K.F.C. SHE ASKED

ME TO COME BY AND SEE HER BECAUSE I DIDN'T - I

HADN’T BEEN THERE SINCE I QUIT K.F.C. I TOLD

PATISHA THAT I WOULD STOP BY THE NEXT DAY.

ON FRIDAY, JANUARY 5TH, '96, AT AROUND 4:00

P.M., I STOPPED BY K.F.C. I WENT INSIDE AND VIS-

ITED WITH THE GIRLS WHO WORKED THERE, SHIR-

LEY, MARY ANN, BARBARA AND MARY. PATISHA

WAS LATE SO I WAITED AROUND FOR HER TO SHOW

UP. WHILE I WAS WAITING, SHIRLEY ASKED ME FOR

A RIDE TO THE BANK. I DROVE HER TO HER BANK,

NEWBERRY FEDERAL SO THAT SHE COULD MAKE A

PERSONAL DEPOSIT, $400 IN THE DRIVE-THRU WIN-

DOW INTO THE NATIONSBANK TO MAKE THE K.F.C.

DEPOSIT. WE WENT 10 THE NATIONSBANK WITH

THE K.F.C. DEPOSIT FIRST.

WE RETURNED TO K.F.C. AND HUNG AROUND

INSIDE WITH THE GIRLS UNTIL ABOUT 6:00 TO 7:00

P.M. I THEN WENT HOME AND STAYED THERE

UNTIL 9:00, 9:30 P.M. I TOOK A SHOWER AND GOT

DRESSED AND PLANNED TO GO TO THE ZOO,

WHICH IS A TEEN [1380] CLUB IN COLUMBIA, SOUTH

CAROLINA. I LEFT THE HOUSE-DRIVING MY FOUR-

DOOR MERCURY LYNX, COLOR GRAYISH SILVER,

BUT WHEN I LEFT, I DECIDED TO TAKE A DETOUR

AND STOP BY K.F.C. TO SAY HEY, TO THE GIRLS.

WHEN I GOT BACK TO K.F.C., IT WAS AFTER 10:00

P.M., WHICH IS CLOSING TIME. I COULD SEE THAT

THE LIGHTS WERE OUT LIKE THEY WERE CLOSED. I

COULD SEE SHIRLEY’S CAR PARKED OUTSIDE IN

THE FRONT OF THE LOT TO THE LEFT SIDE OF THE

BUILDING FACING U.S. GONE. I KNEW IT WAS HER

CAR BECAUSE IT WAS RED-BROWN BURGUNDY COL-

ORED FOUR-DOOR BIG CAR. THE CAR WAS RUN-

NING AND THE DRIVER’S DOOR WAS OPEN. I

COULD SEE WHEN I PULLED UP THERE WAS NO ONE

INSIDE THE CAR. I PARKED NEAR THE ENTRANCE

AND GOT OUT OF THE CAR AND COULD SEE INTO

—-THE RESTAURANT, BUT I COULDN’T SEE ANYONE

INSIDE. THE DOOR NEAR WHERE SHIRLEY’S CAR

WAS PARKED WAS OPEN. I OPENED THE DOOR AND

WENT INSIDE. I WENT INTO THE EMPLOYEE DOOR

AND SAW SHIRLEY IN THE OFFICE. I SAID HEY, SHIR-

LEY, AND SHE TURNED TOWARD ME. SHE WAS IN

THE ROOM THAT THEY CALL THE OFFICE WHERE

THE SAFE WAS. I SAW THAT THE SAFE WAS OPEN.

SHE LOOKED LIKE SHE WAS GETTING READY TO

LEAVE. |

I ASKED SHIRLEY IF EVERYONE ELSE HAD LEFT

AND SHE SAID YES, THAT MARY ANN HAD JUST

LEFT A FEW MINUTES AGO. I SAID SEE YOU LATER,

BUT THEN SHIRLEY ASKED ME TO STAY THERE AND

TALK TO HER FOR AWHILE. SHIRLEY STARTED COM-

ING ON TO [1381] ME LIKE I DESCRIBEU BEFORE. SHE

ASKED ME TO STAY AND HAVE SEX WITH HER AND

TOLD ME THAT SINCE SHE WAS PREGNANT

ALREADY, IF WE HAD SEX, I COULDN’T GET HER

PREGNANT. I DIDN’T WANT TO DO IT BECAUSE I

DIDN’T LIKE HER AND WANTED TO LEAVE AND GO

TO THE ZOO.

I STARTED TO LEAVE, BUT SHIRLEY GRABBED ME

AND ASKED ME NOT TO LEAVE AGAIN. I PUSHED

HER AWAY AND TOLD HER NOT TO PUT HER HANDS

ON ME AND TOLD HER TO SIT IN THE CHAIR AND I

WOULD STAY AND TALK WITH HER IF SHE DIDN'T

TOUCH ME. SHIRLEY SAT IN THE CHAIR AND I SAW

SOME WIDE DUCT TAPE, SILVER GRAY, THAT WAS

ON THE FLOOR NEXT TO A FILE CABINET. I PICKED

UP THE TAPE AND TOLD HER TO PUT HER HANDS

BEHIND HER BACK. SHIRLEY LET ME DO THIS. I

TAPED HER HANDS BEHIND HER BACK AS SHE SAT

ON THE CHAIR. I SAID, THIS WAY YOU WON'T BE

TOUCHING ME. I TOLD HER THAT IF SHE DIDN'T

LET ME DO THIS, I WOULDN’T STAY AND LET HER

TALK TO ME.

| LEFT HER TIED UP IN THE CHAIR ABOUT FIVE

OR TEN MINUTES WHILE SHE WAS TELLING ME

HOW MUCH SHE WANTED ME AND HOW MUCH

SHE WANTED TO BE WITH ME. SHE TOLD ME THAT I

MADE HER LIFE SPARKLE. I TOLD HER THAT |

DIDN’T LIKE HER BECAUSE SHE WAS NASTY AND

SHE GOT MAD AND STARTED TO POUT.

WHILE ALL THIS WAS GOING ON, 1 HAD A KNIFE

ON ME THAT HAD A YELLOW HANDLE AND SAID

“SEA STYLE” ON THE HANDLE THAT WAS LIKE A

DIVING KNIFE. IT HAD A CUTTING BLADE ON [1382]

ONE SIDE AND A JAGGED EDGE ON THE ONE SIDE. I

HAD BEEN CARRYING THIS KNIFE OFF AND ON FOR

PROTECTION DURING THE PAST TWO WEEKS AFTER

A BLACK GUY, WHO DIDN’T LIKE ME, THREATENED

TO SHOOT ME. THE KNIFE WAS IN MY RIGHT PANTS

POCKET WITH A PIECE OF PAPER WRAPPED

AROUND THE BLADE. I WAS GOING TO LEAVE

BECAUSE SHIRLEY HAD PISSED ME OFF. I WAS

GOING TO LEAVE HER TIED UP LIKE THAT JUST TO

MAKE HER MAD.

AS I TURNED TO LEAVE, SHIRLEY GOT UP AND

FREED ONE HAND AND GRABBED ME ANDI TOLD -

AND TOLD ME TO COME BACK. I SAID, GET THE

HELL AWAY FROM ME YOU SICK BITCH. I ALSO SAID

OTHER THINGS LIKE CALLING HER A BITCH AND A

SLUT.

I KEPT WALKING AND SHE KEPT TRYING TO

PULL ME BACK INTO THE OFFICE AND STARTED

HITTING ME ASKING ME NOT TO LEAVE. BOTH HER

HANDS WERE FREE NOW, BUT ONE OF THEM, THE

LEFT STILL HAD TAPE ON IT. I TOOK THE KNIFE OUT

OF MY PANTS, TOOK THE PAPER OFF THE BLADE

AND TURNED TO MY RIGHT AND SLIT HER THROAT.

EVEN AFTER I CUT HER, SHE KEPT GRABBING AT ME

SO I KEPT STABBING HER WHEREVER I COULD

UNTIL SHE LET GO OF ME. I COULDN'T STOP

MYSELF. I KEPT DRAGGING HER AS SHE HUNG

ONTO ME AND KEPT STABBING HER UNTIL WE

REACHED THE EMPLOYEES DOOR. SHIRLEY THEN

LET GO AND FELL TO THE FLOOR. SHE WAS GASP-

ING FOR AIR. I DON’T REMEMBER WHAT I DID WITH

THE KNIFE. IT’S PROBABLY STILL THERE. I DIDN’T

HAVE IT ON ME WHEN I LEFT K.F.C. WHILE [1383]

SHE WAS GASPING FOR AIR, LIKE I DESCRIBED, I

WANTED TO KEEP HER FROM GETTING UP, SO I

TAPED HER HANDS BEHIND HER BACK AGAIN. ALL

THE TIME I WAS TAPING HER HANDS, SHE WAS

GASPING FOR AIR. I STABBED HER AS MANY TIMES

AS I HAD TO. I DON’T KNOW HOW MANY TIMES,

BUT IT SEEMED LIKE IT WAS MORE THAN TWENTY

TIMES.

ONCE SHIRLEY WAS TAKEN CARE OF AND PRE-

VENTED FROM GETTING UP, I WAS CONFUSED AND

GOING IN CIRCLES BECAUSE I KNEW THAT IF THE

POLICE GOT THERE, I WOULD HAVE A CHANCE TO

TELL MY STORY LIKE I AM NOW. THEY WOULD

PROBABLY JUST SEE SHIRLEY THERE ALL TIED UP

AND STABBED TWENTY TIMES AND GET ALL

EXCITED AND TAKE ME UP.

I THEN WENT BACK TO THE SAFE BECAUSE I

KNEW THAT I NEEDED - THAT I'D NEED MONEY TO

GET AWAY AND TOOK THE MONEY THAT I COULD

SEE. AS I WAS LEAVING, I DROPPED SOME OF THE

MONEY THAT I TOOK ONTO THE FLOOR.

I THEN RINSED MY HANDS OFF IN THE SINK

BECAUSE THERE WAS BLOOD ON THEM AND I

THINK I LEFT THE KNIFE THERE, TOO. BECAUSE

THERE WAS SOQ MUCH BLOOD ON THE FLOOR, |

COULDN'T GET OUT THE DOOR. I CLIMBED OUT OF

THE DRIVE-THRU WINDOW AND WENT TO MY CAR

WITH THE MONEY UNDER MY COAT. I LEFT THE LOT

AND HEADED TOWARD LEXINGTON, SOUTH CARO-

LINA.

IT WAS DURING THIS RIDE THAT I DECIDED TO

LEAVE SOUTH CAROLINA AND HEAD TO MASSA-

CHUSETTS TO VISIT MY SISTER.

[1384] AT AROUND MIDNIGHT, I LEFT LEX-

INGTON AND HEADED NORTH. I WAS STILL WEAR-

ING THE CLOTHES THAT I WAS WEARING WHEN I

STABBED SHIRLEY. I WAS WEARING BLACK JEANS,

BROWN AND BLACK BOOTS, BLACK SUEDE

LEATHER JACKET WITH A CAMEL CIGARETTE LOGO,

WHITE T-SHIRT AND PLAID YELLOW-BROWN BOXER

TYPE UNDERWEAR.

ON THE WAY NORTH, I STOPPED AND BOUGHT

CLOTHES WITH THE MONEY THAT I STOLE, BUT THE

CLOTHES THAT I WAS WEARING WHEN I STABBED

SHIRLEY IS STILL IN THE CAR INSIDE A PLASTIC

BAG, COLOR YELLOW.

ON THE WAY NORTH, I SPENT ABOUT FOUR-

HUNDRED DOLLARS ON CLOTHES, GAS, FOOD AND

THINGS THAT I NEEDED, INCLUDING A WATCH

AND SNEAKERS. I SLEPT IN THE CAR AND DROVE

HERE AND ARRIVED IN LOWELL AT ABOUT 3:00 A.M.

I SLEPT IN MY CAR IN A REST AREA AND GOT TO MY

SISTER’S HOUSE ABOUT THIRTY MINUTES BEFORE

THE POLICE CAME THERE.

FROM THE TIME ALL OF THIS HAPPENED, I

HAVE NOT TOLD ANYONE WHAT I DID. MY SISTER

AND NIECE JUST THINK I CAME FOR A SURPRISE

VISIT. I NOW HAVE $141.55 LEFT. I HAD ABOUT

FORTY DOLLARS ON ME WHEN I WENT INTO THE

K.F.C. EVERYTHING ELSE THAT WAS IN MY POCKETS

WHEN THE POLICE TOOK ME WITH THEM WAS

FROM K.F.C. ‘

SERGEANT DURKIN HAD READ THE TYPED

STATEMENT, WHICH I GAVE OUT LOUD TO ME WITH

INSPECTOR CROWLEY IN THE ROOM AS I FOL-

LOWED ALONG. WHAT HE READ AND I READ IS

WHAT [1385] I SAID AND IS THE TRUTH.

[1443] STEVEN M. DERRICK —- DIRECT

BY MR. HUMPHRIES

* * *

Q WHAT I WANT TO DO, AGENT DERRICK, IS

TO GO BACK TO THAT FIRST AREA OF CONFLICT.

BASED ON YOUR EXAMINATION AND [1444] IN

YOUR EXPERT OPINION, CAN YOU TELL THIS JURY

HOW MANY BLOWS, AT THE VERY LEAST, WAS

STRUCK IN THAT AREA AND WHERE THEY MIGHT

HAVE OCCURRED RELATING TO WHETHER THE VIC-

TIM WAS SEATED IN THE CHAIR OR NOT?

A OKAY. IN EXAMINATION OF THE BLOOD-

STAINS IN THIS PARTICULAR AREA, THERE HAD TO

BE AT A MINIMUM OF FOUR BLOWS.

FIRST OFF, THERE HAD TO BE A STAB OR A BLOW

TO CREATE A WOUND TO CAUSE THE BLOOD TO

COME TO THE SURFACE. WITHOUT BLOOD BEING

ON THE SURFACE, THESE SPATTER IMPACTS THAT I

LOOK FOR WOULD NOT BE PRESENT. SO THERE IS

AT LEAST ONE WOUND TO CREATE THE BLOODLET-

TING.

ONCE BLOODLETTING HAS OCCURRED, ADDI-

TIONAL IMPACT INTO THE AREA WHERE THE

BLOOD IS PRESENT WILL CREATE TEAR DROPS OF

BLOOD THAT ARE PROJECTED OUT AS THE FORCE IS

APPLIED TO IT.

IN EXAMINING THE CHAIR, THERE WERE TWO

AREAS OF IMPACT SPATTER. ONE BEING ON THE

FRONT SIDE OF THE BACK TOP OF THIS BACK RAIL,

THE SIDE THAT A PERSON WOULD BE SITTING ON.

THESE IMPACT SPATTERS HAD PROJECTED OUT.

WHEN STUDYING THESE SPATTER PATTERNS, AS

THEY GO OUT IN VARIOUS LOCATIONS, THEY POINT

BACK TO THE AREA THAT THEY COME FROM.

WHEN THERE IS A CONSIDERABLE NUMBER OF

THESE IMPACT SPATTERS THAT ARE PRESENT AND

STUDYING THEM AND ORIENTING THEM BACK TO

THE DIRECTION THEY CAME FROM, [1445] WHEN

THESE TEAR DROP SPATTERS CROSS, IT’S REFERRED

TO AS A POINT OF CONVERGENCE. USING ALL OF

THESE, WHERE THEY MEET AND CROSS, IS THE

APPROXIMATE GENERAL AREA OF WHERE THIS

SOURCE OF BLOOD CAME FROM WHEN FORCE WAS

APPLIED TO IT.

THERE WAS ONE OF THOSE AREAS THAT WAS

ON THE FRONT SIDE UPPER RAIL OF THE BACK OF

THIS CHAIR. ON THE OTHER SIDE OF THE CHAIR,

THERE WAS A CONSIDERABLE NUMBER OF THESE

SPATTERS WHICH CAME UP TO A POINT OF CON-

VERGENCE JUST ABOVE THE TOP RAIL OF THE

CHAIR. THIS BEING ON THE BACK SIDE.

ON THE FLOOR AND ALSO IN OTHER AREAS OF

THE CHAIR, THERE WAS A CONSIDERABLE NUMBER

OF CRISSCROSSING SPATTERS. THEY ALL CONVERGE

PRIMARILY IN THE AREA RIGHT NEXT TO THE

CHAIR WHERE.THERE WAS A POOL OF BLOOD.

BECAUSE THERE WERE SO MANY THAT WERE

CROSSING SO CLOSE TOGETHER, I CANNOT SPECI-

FICALLY ACCOUNT FOR A NUMBER OF BLOWS IN

THAT PARTICULAR AREA, BUT I CAN SAY THAT

THERE IS AT LEAST A MINIMUM OF ONE AND PROB-

ABLY MORE IN THAT PARTICULAR AREA.

Q IS IT YOUR TESTIMONY THEN THAT THE VIC-

TIM WOULD HAVE HAD TO BEEN SEATED IN THAT

CHAIR FOR AT LEAST ONE BLOW?

A BASED ON THE EVIDENCE I SAW, THAT

WOULD BE CORRECT.

Q OKAY. NOW, LET’S GO 10 THE FINAL AREA

OF ASSAULT OR CONPLICT, IF YOU WILL, AND TELL

THE JURY WHERE IS THE MAJOR BLOODLETTING

OCCURRING?

A IN THIS AREA OVER HERE AROUND THE

DOORWAY AND INTO [1446] THE BATHROOMS

THERE IS A NUMBER OF IMPACT SPATTERS THAT

HAVE POINTS OF CONVERGENCE.

STARTING OUT HERE ON THIS WALL, THERE

ARE SOME IMPACT SPATTERS THAT ARE PRESENT

THAT HAS POINT OF CONVERGENCE ON THIS WALL

HERE. WHICH MEANS THAT THE SOURCE OF THE

BLOODLETTING IS VERY CLOSE TO THE WALL AND

OUT FRONT. ASSOCIATED WITH THE SPATTERS IN

THIS AREA HERE ARE SOME SWIPE MARKS OR

TRANSFER MARKS AND, WHAT I MEAN BY THAT JIS,

IF 1 HAVE BLOOD ON MY CLOTHING OR ON MY SKIN

AND I BRUSH AGAINST THIS WOOD, THEN THE

BLOOD THAT’S ON MY CLOTHING OR ON MY SKIN

THAT IS STILL WET WILL TRANSFER FROM THIS

CLOTHING TO THAT PARTICULAR SURFACE.

IF 1AM MOVING WHILE I MAKE CONTACT WITH

IT, IT WILL GIVE KIND OF A SWIPING OR MOVE-

MENT MARK. ASSOCIATE WITH THE SPATTER WAS

THE SWIPING PATTERN ON THIS WALL AND I’M NOT

VERY GOOD WITH THE LASER POINTER AND RIGHT

HERE IN THIS LITTLE CORNER AREA OF THE WALL.

MOVING FROM THERE TOWARD THE DOOR, I

PICKED UP APPROXIMATELY THREE AREAS, THREE

DIFFERENT SOURCES OF THIS IMPACT SPATTER

THAT’S HIGH UP ON THIS SIDE OF THE DOOR TO

INDICATE THREE AREAS OF CONTACT.

NOW, ASSOCIATED WITH THIS IS SOME BLOOD-

STAINS THAT ARE BACK ON THIS WALL OVER HERE.

THOSE ARE REFERRED TO AS CAST-OFF STAINS. IN

SIMPLE EXPLANATION OF THIS, IF I WAS TO TAKE A

KNIFE AND TO STAB MYSELF IN THE HAND, AS I

[1447] WITHDRAW THE KNIFE, BLOOD WILL COME

FROM MY HAND ONTO THE BLADE OF THE KNIFE.

AS I PUT THE KNIFE IN MOTION, THIS LOOSE BLOOD

THAT IS ON THE KNIFE OR COULD POSSIBLY BE ON

MY HAND BEGINS TO COME OFF BECAUSE THE

MOTION IS APPLIED TO THE OBJECT THAT IT’S ON.

SO THE BLOOD WILL COME OFF IN THIS DIRECTION.

IT COULD COME OFF STRAIGHT UP. AND WHEN I

COME TO A SUDDEN STOP, THIS LOOSE BLOOD WILL

FLY OFF DIRECTIONALLY POINTING BACK TO THE

AREA FROM WHICH IT CAME FROM.

THE DIFFERENCE BETWEEN THIS TYPE OF

BLOODSTAIN AND THAT OF THE IMPACT SPATTER

ARE THAT THESE STAINS ARE LARGER BECAUSE

THERE’S NOT ENOUGH FORCE APPLIED TO THEM

THEY STAY VIRTUALLY IN A STRAIGHT LINE. EVEN

THOUGH THEY CAN BE SCATTERED OUT, THEY ARE

ALL POINTING BACK IN THE SAME DIRECTION.

THEY DON’T HAVE A POINT OF CONVERGENCE AS |

SPOKE OF EARLIER WITH THE IMPACT SPATTER.

SO ASSOCIATED WITH THE STAINS ON THE

DOOR, THERE ARE AT LEAST TWO CAST-OFF PAT-

TERNS REPRESENTED ON THIS WALL.

I ALSO NOTED ON THIS DOOR FOR THE FIRST

TIME IS BLOODSTAINS THAT WERE TOWARD THE

BASE OF THE DOOR THAT ARE ASSOCIATED WITH

AN ARTERY BEING CUT AND THUS SPURTING

BLOOD. THESE TYPE STAINS ARE REFERRED TO AS

ARTERIAL SPURTS; AND WHAT IT IS, IS WHEN AN

ARTERY IS OPENED, AS THE HEART PUMPS THE

BLOOD BECAUSE THERE IS AN OPENING IN THAT

[1448] ARTERY, THE BLOOD IS PUMPED OUT. THERE

ARE LARGE DROPS OF BLOOD AND YOU USUALLY

HAVE LITTLE STREAMS BEHIND THEM THAT MAKE

THEM UNIQUE AND SPECIFIC TO THEMSELVES.

THOSE WERE FIRST OBSERVED AT THE BASE OF THIS

DOOR AND OVER HERE ON THIS DOORFRAME

ALSO.

ALONG WITH THOSE PARTICULAR SPURTS,

AGAIN, THERE WAS A SWIPE OR A TRANSFER THAT

WENT THROUGH THESE STAINS AND THE STREAK

MARKS WERE READILY VISIBLE.

THERE WAS ANOTHER AREA WITH POINTS OF

CONVERGENCE OF IMPACT SPATTER OVER HERE ON

THIS WALL NEXT TO THE FIRE EXTINGUISHER.

BASED ON THE NUMBER OF SPATTERS OF CRISS-

CROSSING PATTERNS THERE, AGAIN IT’S LIKE THIS

POOL OF BLOOD WHERE THE CHAIR IS, I CAN SAY

THAT THERE IS AT LEAST A MINIMUM OF ONE

IMPACT OUT FROM THAT WALL AND PROBABLY

MORE.

Q NOW, LET ME ASK YOU THIS, REGARDING

THE LOCATION - THE FINAL LOCATION OF THE

VICTIM’S BODY, WHICH YOU HAVE INDICATED IS

HERE, YOU HAVE ALSO TESTIFIED THAT THERE WAS

BLOOD EVIDENCE OR BLOOD SPATTER EVIDENCE IN

THIS AREA (INDICATES)?

A YES, SIR.

Q WOULD THE VICTIM HAVE HAD TO REACH

THIS AREA AT LEAST AT SOME POINT IN TIME DUR-

ING THE BLOODLETTING?

A YES, SIR -

Q AND -

[1449] A - IT WOULD HAVE HAD TO BEEN IN

THE HALLWAY -

Q - AND DO YOU HAVE, BASED ON YOUR

EXPERT OPINION, DO YOU KNOW HOW OR WHY

THE VICTIM ENDED UP IN THIS POSITION? WAS

THERE ANY EVIDENCE RELATED TO THE BLOOD

THAT WOULD INDICATE TO YOU HOW SHE

ARRIVED AT HER FINAL POSITION HERE?

A OKAY. ALONG WITH THE SPATTER, WHICH I

SPOKE OF ON THE WALL, ON THE FLOOR BETWEEN

THIS LITTLE DRAIN PLUG AND THE DOOR WAY,

THERE WAS A CONSIDERABLE POOL OF BLOOD.

THIS POOL OF BLOOD WAS LARGE IN AREA. SO

THEREFORE THE LITTLE DROPS THAT I'D BE LOOK-

ING FOR ON THE FLOOR ARE OBVIOUSLY COVERED

BY THIS POOL OF BLOOD. BUT FROM THIS POOL OF

BLOOD BACK TO THE VICTIM’S LOCATION, THERE

ARE STREAK MARKS IN THIS BLOOD, STARTING

ROUGHLY RIGHT IN HERE (INDICATES). YOU’VE GOT

A LARGE POOL OF BLOOD AND THEN YOU HAVE

THE STREAKING MARKS THAT COME FROM THIS

HALLWAY AREA BACK TO THE FINAL LOCATION OF

THE VICTIM.

Q IN LAYMAN’S TERMS, SHE WAS DRUG TO

THAT POSITION?

A IT WOULD BE CONSISTENT WITH THE VIC-

TIM HAVING BEEN DRUG FROM THIS AREA TO THIS

AREA (INDICATES).

[1560] DR. JOEL S. SEXTON - DIRECT

BY MR. HUMPHRIES

* * * —-

MR. HUMPHRIES: DOCTOR, WHAT I’M

GOING TO ASK YOU TO DO IS TO TALK ABOUT YOUR

RELEVANT FINDINGS RELATED TO THE AUTOPSY

AND YOU TELL ME, SHOULD WE START FRONT, TOP

OR BACK?

THE WITNESS: FRONT.

Q REFERRING TO STATE’S 62.

I'M GOING TO HAND_YOU A LASER POINTER.

PERHAPS, THAT WILL BE OF SOME ASSISTANCE TO

YOU.

A AS YOU CAN SEE, THIS IS A DIAGRAM SHOW-

ING THE FRONT OF THE BODY AND THE BACK OF

THE BODY. THE AREAS IN ORANGE ARE SHARP

INCISED OR STAB WOUNDS. NOTICE HERE ON THE

FRONT OF THE BODY, ON THE RIGHT SIDE, THERE

ARE FOUR THAT ARE SITUATED HERE, DOWN THE

RIGHT SIDE OF THE CHEST (INDICATES).

NOW, THE LIVER COMES UP INSIDE THIS AREA.

SO THREE OF THESE ACTUALLY - I’M SORRY, TWO

OF THESE IN THIS AREA AND THIS ONE WENT INTO

THE LIVER, WHEREAS THIS ONE WENT INTO THE

ABDOMINAL CAVITY AND THIS ONE UP HERE ON

THE RIGHT CHEST A LITTLE HIGHER WENT INTO

THE RIGHT LUNG. SO THERE WERE TWO STAB

WOUNDS OF THE RIGHT LUNG FROM THE FRONT.

I’M SORRY, ONE STAB WOUND FROM THE RIGHT

LUNG FROM THE FRONT, THREE IN THE LIVER AND

ONE IN THE ABDOMINAL CAVITY.

[1561] IF YOU NOTICE HIGH ON THE NECK AND

I'LL SHOW YOU A BLOWUP OF THAT IN A MOMENT,

THERE ARE SOME INCISED WOUNDS. AND THE DIF-

FERENCE BETWEEN INCISED AND STABBED, STAB IS

WHEN THE POINT OF THE BLADE ENTERS THE BODY

AND PRODUCES A WOUND THAT’S DEEPER THAN IT

IS LONG ON THE SURFACE OF THE BODY.

AN INCISED WOUND IS WHERE THE SHARP

EDGE IS DRAWN ACROSS THE SURFACE OF THE

BODY, PRODUCES A VERY LONG WOUND THAT MAY

BE SHALLOW.

SO THERE WERE FIVE STAB WOUNDS HERE ON

THE FRONT OF THE RIGHT CHEST.

LOOKING AT THE BACK OF THE BODY, THERE’S

A CHOPPING TYPE OF WOUND IN MY OPINION,

ALTHOUGH, IT COULD ALSO BE AN INCISED

WOUND HERE ON THE BACK OF THE HEAD THAT’S

THREE INCHES LONG. IT HAS A ONE-INCH @UT IN

THE BONE AND THAT'S WHY I FEEL LIKE IT’S CHOP-

PING. THAT ONE-INCH CUT IS IN THE CENTEK OF

THE WOUND AND IT’S MORE CONSISTENT WITH

THE KNIFE BLADE HITTING IT LIKE AN AX SO AS TO

CAUSE THIS LINEAR HOLE IN THE BONE. WHEREAS

AN INCISED WOUND, YOU WOULD NOT NORMALLY

EXPECT TO DO THAT, BUT IT COULD DEPENDING

ON THE FORCE INVOLVED AND THE SHARPNESS OF

THE BLADE.

THERE WERE THREE STAB WOUNDS HERE ON

THE BACK OF THE NECK AND THEN IN THIS AREA,

INCLUDING THE TOP OF THE LEFT SHOULDER, THE

BACK OF THE LEFT ARM, THERE ARE TWENTY [1562]

STAB WOUNDS, THE MAJORITY OF WHICH ARE

GOING DOWNWARD. TWO OF THEM GO UP AND

ALL OF THEM GO TOWARDS THE FRONT. THERE ARE

TWO-ON THE LOWER BACK, ONE HERE IN THE MID-

LINE AND ONE ON THE RIGHT BUTTOCKS.

SO THERE ARE A TOTAL, INCLUDING THIS ONE

ON THE BACK OF THE HEAD, OF THIRTY-ONE STAB

OR INCISE WOUNDS NOT INCLUDING THE THREE

THAT ARE HERE ON THE NECK THAT SHOW UP

BETTER ON THE -

Q I SHOW YOU STATE'S -

A - BLOWUP OF THE NECK - j

Q - STATE'S 63.

A SIXTY-THREE SHOWS JUST THE HEAD AREA

FROM FOUR DIRECTIONS.

HERE ON THE FRONT OF THE NECK, YOU CAN

SEE THERE’S A V-SHAPED INCISE WOUND. THIS IS

CONSISTENT WITH THE KNIFE STARTING AT ONE

POINT AND GOING ACROSS THE NECK AND THEN A

SECOND CUT STARTING MOST PROBABLY HERE TO

THE LEFT AND COMING ACROSS, BUT IT COULD

ALSO BE FROM THE CENTER OF THIS AND GOING

OUT. AND THERE WAS NO DEFINING PORTION OF

THE INCISED WOUND TO TELL ME WHICH DIREC-

TION.

SOMETIMES A KNIFE, IF IT’S DULL ENOUGH

WILL CAUSE A LITTLE WAVE OR A LITTLE PROJEC-

TION OF SKIN WHERE IT CUTS AND THEN SLIPS

AND YOU HAVE A LITTLE PROJECTION STICKING

OUT WHICH TELLS YOU WHICH WAY THE KNIFE IS

GOING. BUT IN THIS CASE, THIS WAS A NICE CLEAN

CUT IN BOTH DIRECTIONS. [1563] SO IT COULD BE

TWO IN THE SAME DIRECTION, IT COULD BE ONE IN

EACH OF TWO DIRECTIONS.

ON THE RIGHT SIDE OF THE NECK IS AN ADDI-

TIONAL INCISED WOUND. THIS ONE ON THE RIGHT

SIDE IS VERY SHALLOW. THE TWO IN THE FRONT,

ONE IS SHALLOW, THE ONE THAT COMES OFF AT

AN ANGLE HERE. THE OTHER ONE IS DEEP ENOUGH

TO COMPLETELY CUT THROUGH THE AIRWAY,

WHICH IS YOUR TRACHEA AND TO CUT THROUGH

THE SUPERFICIAL VESSELS IN THIS CASE THE JUGU-

LAR VEINS IN THE NECK ON THE LEFT SIDE.

THE SIDE VIEW SIMPLY SHOWS THE SAME

WOUNDS BUT SHOWS THEM FROM THE SIDE SO

THAT YOU CAN.GET AN APPRECIATION OF THE

DIRECTION AND THIS - THIS SHOWS IN THIS CASE

A NUMBER OF STAB WOUNDS HERE ON THE BACK,

MOSTLY ON HER RIGHT SIDE, A FEW ON HER LEFT

SIDE OF THE BACK. THESE ON THE UPPER NECK

ARE ON THE LEFT SIDE AND THEN THERE ARE

THESE WOUNDS ON THE RIGHT SIDE OF THE CHEST

AND THE ONE THAT’S NEAR THE MIDLINE THAT’S

ILLUSTRATED HERE WITH A YELLOW TYPE OF

DRAWING TO INDICATE THAT IT’S ON THE OTHER

SIDE OF THE BREAST AND DOES GO DOWNWARD

INTO THE CHEST.

SOME OF THE ONES I'VE ILLUSTRATED AND

WERE SHOWN HERE SHOWING THE DIRECTION

WITH THE YELLOW LINES AND RED DOTTED LINES

TO INDICATE THE DIRECTION THEY WENT INTO

THE BODY. IT WAS DIFFICULT TO DO THAT ON

THESE IN THE BACK BECAUSE THERE WERE SO

_ MANY RIGHT THERE TOGETHER, BUT A FEW I HAVE

SHOWN THE DIRECTION.

[1564] Q LET ME ASK YOU IN RELATION TO THE

DIRECTION OF THE WOUNDS, DOCTOR, WHAT DOES

THE CHANGING OF THE DIRECTION IN THE

WOUNDS INDICATE TO YOU REGARDING MOVE-

MENT EITHER BY THE VICTIM, THE ASSAILANT, OR

BOTH?

A_ IF WE FIND MULTIPLE STAB WOUNDS, THEY

ARE ALL GOING EXACTLY THE SAME PARALLEL

DIRECTION, IT GIVES THE IMPRESSION THAT THE

PERSON, NEITHER PARTY MOVED DURING THE TIME

THOSE STAB WOUNDS OCCURRED. THAT EITHER

THE INDIVIDUAL WAS INCAPACITATED OR IN SOME

WAY RESTRAINED AND THE PERSON DOING THE

STAB DID NOT MOVE, BUT STABBED REPEATEDLY IN

THE SAME AREA. THAT WAS NOT TRUE IN THIS

CASE. ALMOST ALL OF THESE WENT IN DIFFERENT

DIRECTIONS, EITHER LEFT OR RIGHT.

AS I MENTIONED, THE ONES ON THE BACK,

ALMOST ALL OF TH?™4 WENT DOWNWARD EXCEPT

FOR TWO, BUT SOME WOULD GO TO THE RIGHT,

SOME TO THE LEFT, SOME STRAIGHT IN. SO MOST

ALL OF THEM WENT IN ROUGHLY DIFFERENT

DIRECTIONS WITH THE EXCEPTIONS TO THE ONES

ON THE RIGHT SIDE, ALL OF WHICH WENT FROM

RIGHT TO LEFT, BUT EVEN IN THAT CASE, THOSE

ON THE RIGHT SIDE DID GO - ONE OF THEM GOES

DOWNWARD HERE IN THE FRONT OF THE CHEST.

THE OTHER TWO GO SOME - ONE TO THE BACK,

ONE TOWARDS THE FRONT. SO THERE WAS INDICA-

TION THAT THERE WAS PROBABLE MOVEMENT

BETWEEN THE TWO PARTIES EITHER BY THE PER-

SON DOING THE STABBING OR THE PERSON RECEIV-

ING THE STAB WOUNDS OR BOTH.

[1565] Q DOCTOR, LET ME ASK YOU THIS

ABOUT THE CONDITION OF MS. SHEALY’S BODY

UPON RECEIPT BY YOU, WAS THE BODY CLOTHED?

A AT THE TIME WE RECEIVED THE BODY, THE

BODY - IF MY MEMORY - LET ME CHECK MY PHOTO-

GRAPHS. I KNOW SOME OF THE CLOTHING HAD

BEEN - NO, THE BODY WAS CLOTHED AND IT WAS

JUST AS IT WAS FOUND. THERE WAS NO EFFORT TO

TRY TO EXAMINE THE PERSON AT THE SCENE OR TO

RESUSCITATE. SO SHE WAS CLOTHED.

Q LET ME ASK YOU THIS. WAS THERE ANY

FOREIGN, ANY FOREIGN ITEMS ATTACHED TO THE

CLOTHING OF THE VICTIM UPON YOUR RECEIPT OF

THE VICTIM?

A FOREIGN ITEMS ATTACHED -

Q ON THE FRONT -

A - TO THE CLOTHING OF THE VICTIM. WE

LOOKED FOR TRACE EVIDENCE. LET ME CHECK MY

EVIDENCE TRANSFER. I DON’T SPECIFICALLY

RECALL WHAT WE FOUND, BUT GIVE ME JUST A

MOMENT AND I'LL CHECK THAT.

Q WELL, LET ME ASK IT THIS WAY. DID YOU

RECEIVE OR TAKE FROM THE BODY OF SHIRLEY

SHEALY AND LATER TRANSFER TO STEVE CLARE OF

BATESBURG-LEESVILLE POLICE DEPARTMENT A

SUM OF MONEY WHICH WAS ATTACHED TO THE

BODY OF SHIRLEY SHEALY?

A YES, WE DID. THE PHOTOGRAPHS DO SHOW

THAT THERE WERE DOLLAR BILLS STUCK TO THE

FRONT OF THE BODY BECAUSE THERE WAS A GREAT

DEAL OF BLOOD ON THE FRONT OF THE BODY.

[1566] IN FACT, NORMALLY A PERSON STABBED

ONCE OR TWICE, WE’LL FIND ABOUT A QUART AND

A HALF OF BLOOD INTERNALLY BECAUSE IT TAKES

THAT MUCH TO BLEED TO DEATH, BUT IN THIS

CASE BECAUSE OF THE MULTIPLE WOUNDS, ALL OF

THAT HAD BLED OUT EXCEPT FOR ABOUT 50 CC’S,

WHICH IS ABOUT A FOURTH OF A CUP OF BLOOD.

AND WE DID FIND A NUMBER OF DOLLAR BILLS,

THREE TWENTY’S, EIGHT FIVE’S AND TWO ONE’S

THAT WERE STUCK TO THE FRONT OF THE BODY.

Q DOCTOR, REGARDING THE CONDITIONAL

[sic] OF MS. SHEALY’S ARMS AND HANDS AT THE

TIME OF THE AUTOP&Y, DO YOU RECALL WHAT

CONDITION SHE WAS IN WHEN YOU RECEIVED

HER?

A WHEN WE RECEIVED HER, HER ARMS AND

HANDS WERE BEHIND HER BACK AND WERE HELD

IN PLACE BY GRAY DUCT TAPE. THE DUCT 7APE

WAS AROUND HER WRISTS.

Q DID YOU, IN FACT, REMOVE THAT DUCT

TAPE OR AT YOUR DIRECTION, WAS IT REMOVED?

A RIGHT. WE REMOVED THE DUCT TAPE.

Q AND THAT WAS LATER PROVIDED TO AN

AGENT FROM S.L.E.D., WHO WAS THERE WHO

LATER TRANSPORTED IT AWAY FROM THE SCENE?

A THAT’S RIGHT, JOHN -

Q FROM THE AUTOPSY?

A - JOHN BLACK FROM S.L.E.D. PICKED UP

THAT EVIDENCE.

Q YES, SIR.

DID YOU HAVE AN OPPORTUNITY TO OBSERVE

HER HANDS; [1567] THAT IS - WELL, LET ME ASK

YOU THIS. GENERALLY THE CONDITION OF THE

BODY, WAS THE BETTER PORTION OF THE BODY

BLOOD SOAKED OR NOT BLOOD SOAKED?

A THERE WAS MORE BLOOD ON THE BODY -

MOST OF THE BODY DID HAVE BLOOD ON IT. PRI-

MARILY ON THE FRONT OF THE BODY, BUT THERE

WAS SOME ON THE BACK.

Q LET ME ASK YOU THIS, REGARDING THE

HANDS, DID THERE APPEAR TO BE EVIDENCE OF

BLOOD, AT LEAST, TO THE HUMAN EYE ON THE

HANDS?

A LET ME REFER TO MY PHOTOGRAPHS JUST

ONE MOMENT.

Q_ YES, SIR.

A THE BLOOD IS PRIMARILY ON THE FRONT OF

THE BODY AND THE UPPER PART OF THE BODY. THE

HANDS APPEAR TO BE ROUGHLY FREE OF BLOOD.

THERE MAY BE SOME TINY SPOTS, BUT THERE’S CER-

TAINLY NO BLOOD SMEARED ON THE HANDS.

Q LET ME SHOW YOU STATE’S EXHIBIT

NUMBER 23, A PICTURE FROM THE SCENE. NOW, IS

THAT PHOTOGRAPH, THE PICTURE AT THE SCENE

CONSISTENT WITH THE PHOTOGRAPHS THAT YOU

TOOK AT THE AUTOPSY REGARDING THE CONDI-

TION OF THE HANDS?

A YES. IT LOOKS THE SAME AS FAR AS THE

CONDITION OF THE HANDS. THERE’S NO BLOOD

VISIBLE ON THIS PHOTOGRAPH OR ON MINE OF

THE HANDS.

Q THANK YOU.

DOCTOR, TELL THE JURY THE DAMAGE CAUSED

BY THESE WOUNDS; THAT IS, WHICH OF THESE

WOUNDS COULD HAVE BEEN [1568] FATAL AND

WHAT DAMAGE WAS DONE TO THE INTERNAL

ORGANS OF MS. SHEALY AS A RESULT OF THE

WOUNDS?

A THE FIVE WOUNDS IN THE FRONT OF THE

CHEST, PARTICULARLY THIS ONE THAT WENT INTO

THE LUNG, AS WELL AS THESE THREE THAT WENT

INTO THE LIVER, RECOGNIZING YOUR LIVER IS

RIGHT UNDER YOUR DIAPHRAGM AND SO A STAB

WOUND THAT GOES INTO YOUR CHEST THROUGH

THE DIAPHRAGM AND INTO THE LIVER, THEN

a ee

BLEEDS INTO THE LUNG CAVITY AS OPPOSED TO

THE ABDOMINAL CAVITY BECAUSE THE STAB

WOUNDS DIDN’T GO ALL THE WAY THROUGH THE

LIVER. THEY JUST OPENED UP A HOLE IN THE TOP

OF IT SO IT COULD BLEED INTO THE LUNG CAVITY.

SO THESE FIVE WOUNDS, THIS ONE IN THE

CHEST, HIGH IN THE MIDLINE TO THE RIGHT AND

THESE FOUR ALL CAUSED BLEEDING INTO THE

RIGHT CHEST.

FIVE OF THESE STAB WOUNDS IN THE BACK

CAUSED SIX STAB WOUNDS IN THE BACK OF THE

RIGHT LUNG AND THAT’S BECAUSE ONE OF THESE

WOUNDS, THIS LARGE ONE, THE KNIFE WENT IN,

CAME OUT PART WAY, AND THEN WENT IN AGAIN;

THEREFORE, CAUSING A LARGER HOLE EXTER-

NALLY AND THEN TWO STAB HOLES INTERNALLY

IN THE LUNG.

SO THERE WERE A TOTAL OF SEVEN STAB HOLES

IN THE RIGHT LUNG. FIVE FROM THE - I’M SORRY,

SIX FROM THE REAR, ONE FROM THE FRONT AND

THREE IN THE LIVER, ALL OF WHICH CONTRIBUTED

TO BLEEDING INTO THE RIGHT LUNG CAVITY.

OUR LUNG IS LIKE A BUBBLE THAT YOU MIGHT

BLOW [1569] WITH BUBBLE GUM IN YOUR MOUTH. IF

YOU SUCK THAT BUBBLE GUM IN, YOU PRODUCE A

BUBBLE THAT'S IN A CAVITY. IF YOUR LUNG OR THE

BUBBLE COLLAPSES, THEN YOU HAVE AN EMPTY

CAVITY THAT CAN FILL UP WITH BLOOD. SO YOU

CAN BLEED TO DEATH INTERNALLY WITHOUT

EVEN SEEING BLOOD EXTERNALLY FROM A STAB

WOUND THAT DOESN’T HAPPEN TO BLEED A LOT

EXTERNALLY.

IN ADDITION TO THESE STAB WOUNDS OF THE

CHEST THAT CAUSED HEMORRHAGE INTO THE

RIGHT CHEST CAVITY, THE CUT IN THE NECK, PAR-

TICULARLY THIS ONE ON THE FRONT THAT WENT

THROUGH THE AIRWAY AND WENT THROUGH THE

JUGULAR VEIN, CONTRIBUTED TO DEATH. WE DID

NOT SEE AIR EMBOLIZATION IN THE HEART, WHICH

IS ONE WAY TO DIE FROM A CUT IN THE NECK

BECAUSE YHE AIR GETS IN THERE AND IT’S NO

LONGER ABLE TO PUMP BLOOD BECAUSE THERE’S

AN AIR LOCK IN THE SYSTEM, BUT THERE WAS

BLEEDING FROM THIS AREA.

SO HER DEATH, IN MY OPINION WITHIN REA-

SONABLE MEDICAL CERTAINTY, WAS FROM THE

BLEEDING, BOTH FROM THE NECK AND INTO THE

RIGHT CHEST CAVITY, FROM THE MULTIPLE STAB

WOUNDS OF THE RIGHT SIDE O° THE CHEST AND

THE BACK, AS WELL AS THE CUT IN THE NECK.

Q DOCTOR, I'VE REALLY GOT ONE OTHER

AREA I WANT TO ADDRESS WITH YOU.

TYPICALLY, WHEN THERE IS AN ASSAULT, PAR-

TICULARLY WITH A KNIFE AND A VICTIM’S OR THE

ONE WHO IS RECEIVING THE ASSAULT, THEIR

HANDS ARE UNBOUND, WOULD YOU MOST OFTEN

SEE [1570] EVIDENCE OF DEFENSIVE WOUNDS OR

NOT DEFENSIVE WOUNDS?

A MORE OFTEN THAN NOT, IT’S BEEN MY

EXPERIENCE THAT THE PERSON IF THEY ARE ABLE

TO DEFEND THEMSELVES WILL HAVE WHAT WE

REFER TO AS DEFENSIVE WOUNDS, WHICH ARE

CUTS ON THE HANDS OR FOREARMS OR IF THEY

ARE DOWN ON THEIR BACK, ON THEIR LEGS. ANY-

THING THEY CAN PUT UP IN FRONT OF THE KNIFE

TO KEEP IT FROM GETTING TO THEM. AND SO MOST

OF THE TIME IN A PERSON THAT IS KILLED WITH A

KNIFE, WE DO SEE DEFENSIVE WOUNDS.

Q AND IN THIS CASE, WAS THERE EVIDENCE

OF DEFENSIVE WOUNDS?

A NO, THERE WAS NOT. THERE WERE NO CUTS

ON THE FOREARMS OR THE HANDS.

[1594] CLOSING ARGUMENTS BY THE SOLICITOR

os - *

WHAT THE DEFENSE IS DOING IN THIS CASE,

LADIES AND GENTLEMEN, IS TRYING TO GET EACH

AND EVERY ONE OF YOU TO GRASP A SOFT SIDE,

TRY TO GRASP ON SOMETHING THAT JUST DOESN’T

QUITE MAKE SENSE, JUST SOFTENS IT A LITTLE BIT

WHERE EVEN MAYBE WE’RE DEALING WITH VOL-

UNTARY MANSLAUGHTER AND THAT’S IT; OR

MAYBE WE'VE JUST GOT MURDER AND NO ARMED

ROBBERY. MAYBE IF WE SOFTEN IT ENOUGH,

THERE’S NO KIDNAPPING. HOW ARE THEY SOFTEN-

ING THIS, LADIES AND GENTLEMEN? TRYING TO FIT

THE STORY OF WILLIAM ARTHUR KELLY WITH THE

CIRCUMSTANCES OF THAT DAY. HOW HAVE THEY

DONE THAT?

THE BOTTOM LINE IS THE STATEMENT GIVEN BY

WILLIAM ARTHUR KELLY, WHILE IT DOES CONCEDE

CERTAIN FACTS WHERE HE KNEW HE WAS TO PUT

IT QUITE BLUNTLY, BUSTED. HE WAS BUSTED IN

LOWELL, MASSACHUSETTS, BUT THEN HE CHOSE, I

SUBMIT TO YOU, TO LIE, TO LIE ABOUT SHIRLEY

SHEALY, TO LIE ABOUT HOW HE KILLED HER, TO LIE

ABOUT HOW SHE ACTED THAT DAY.

WE’RE GOING TO WALK THROUGH THOSE.

MOST APPROPRIATELY PUT, THE LIES AND TIMES OF

BILLY KELLY -

MR. KIRKLAND: OBJECTION, YOUR HONOR.

I THINK HE CAN COMMENT ON WHAT THE

STATEMENT SAYS, BUT BY CHARACTERIZING,

LABELING THAT, I THINK, IS IMPROPER.

THE COURT: I’LL SUSTAIN THE OBJECTION.

IF YOU WOULD, PLEASE, REFER TO THE STATE-

MENT IF [1595] THAT’S WHAT YOU ARE REFERRING

TO.

MR. CHASE: YES, SIR, YOUR HONOR.

MR. KIRKLAND: YOUR HONOR - I’M SORRY,

I DON’T MEAN TO INTERRUPT -

MR. CHASE: YOUR HONOR, I'LL TELL YOU

WHAT. I'LL MARK THAT WORD OFF OF THERE -

THE COURT: ALL RIGHT, SIR.

MR. CHASE: - AND SUBMIT TO THIS JURY

THAT THE EVIDENCE CERTAINLY SUPPORTS IT.

THE COURT: ALL RIGHT, SIR.

MR. CHASE: YOUR HONOR, FOR FUTURE

REFERENCE, THESE ARE DIRECT QUOTATIONS FROM

THAT STATEMENT WHICH IS ADMITTED INTO EVI-

DENCE AND THAT IS FOR THE JURY’S VIEW SO I

CAN FOCUS ON THAT, SIR.

THE COURT: ALL RIGHT, SIR.

MR. CHASE: THANK YOU, YOUR HONOR.

IT BEGINS, LADIES AND GENTLEMEN, HE

DOESN’T EVEN TELL YOU THE TRUTH ABOUT HOW

LONG IT’S BEEN SINCE HE’S BEEN - HAD BEEN AT

KENTUCKY FRIED CHICKEN. THAT SEEMS LIKE A

SMALL POINT. THAT’S A SMALL POINT, BUT THAT’S

THE WAY IT STARTED. IT’S BEEN A LONG TIME SINCE

I WORKED THERE.

WHAT DOES THE DEFENSE WANT YOU TO

BELIEVE IN THIS CASE? WHAT SOFTENS THE EVI-

DENCE? THERE WAS NO PLAN BY WILLIAM ARTHUR

KELLY TO DO ANYTHING THAT DAY. THAT THERE

WAS NO PLAN BY HIM TO GO TO THE KENTUCKY

FRIED CHICKEN AND [1596] FORCE SHIRLEY SHEALY

TO OPEN THAT SAFE TO GET MONEY, TO KILL HER

AND TO RUN. IS THERE EVIDENCE OF THAT?

FIRST OF ALL, LET’S GO INTO THE FACT THAT -

I’M SURE THE DEFENSE WANTS YOU TO BELIEVE

THIS WAS A RANDOM MEETING. WE JUST HAP-

PENED TO HOOK UP. IT JUST. PLAYED OUT THAT

WAY.

THE FIRST THING WE DEAL WITH, LADIES AND

GENTLEMEN, WILLIAM ARTHUR KELLY TALKS

ABOUT HOW HE PULLS UP. WE KNOW THAT THIS

RESTAURANT IS CLOSED. WE KNOW THAT IT’S

PROBABLY AFTER TEN-THIRTY. YOU CAN LOOK AT

THE STATEMENT OF MS. BARBARA ADAMS. SHE

TALKS ABOUT LEAVING AT~40:24. THE LIGHTS ARE

OUT. MAYBE A COUPLE OF LIGHTS INSIDE. THERE’S

ONE CAR AT THAT RESTAURANT. I’M GOING BACK

TO SEE THE GIRLS. WELL, THERE’S ONE WOMAN

THERE AND IT’S THE WOMAN THAT HE HATES. THE

WOMAN WHO SUPPOSEDLY HIT ON HIM ALL THE

DAY; THE WOMAN WHO SUPPOSEDLY WANTED TO

HAVE SEX WITH HIM. THIS 25-YEAR-OLD WOMAN

WHO SUDDENLY WANTS BILLY KELLY. SO IT’S A

RANDOM MEETING. WE ALSO KNOW IF IT’S NOT - IF

IT’S A RANDOM MEETING, WHY DOES BILLY KELLY

NOT PARK OUT FRONT. WHY DOES HE NOT JUST

PARK RIGHT THERE (INDICATES), HERE (INDICATES),

HERE (INDICATES), HERE (INDICATES). ANYWHERE

IN THIS PARKING LOT IF HE’S JUST GOING IN TO SEE

THE GIRLS. JUST GOING BACK TO VISIT THE GIRLS I

USED TO WORK WITH AFTER HE SPENT FOUR

HOURS WITH THEM THAT DAY. HOW DO WE KNOW

THAT HE DIDN’T PARK THERE? [1597] WE KNOW

FROM JASON HITE THAT THERE WAS ONE CAR IN

THAT PARKING LOT. NOW, JASON HITE, THERE’S NO

QUESTION ABOUT IT, ON DIRECT, HE SAID I DIDN’T

SEE THE VICTIM. ON CROSS, HE GOT CONFUSED

AND HE ADMITTED THAT WAS IN HIS STATEMENT.

THAT’S SOMETHING YOU ARE JUST GOING TO HAVE

TO GIVE WHATEVER WEIGHT YOU WON’T, BUT

ee —-

YOU’VE GOT TO LOOK AT ALL OF THE CIRCUM-

STANCES SURROUNDING IT TO SEE IF THAT MAKES

ANY SENSE.

NOW, DID STEVE CLARE SEE ANOTHER CAR IN

THAT PARKING LOT? NO, MA’AM, NO, SIR. NO ONE

ELSE IS IN THAT PARKING LOT. WE ALSO KNOW

THAT THE BLOODHOUNDS, AMAZINGLY ENOUGH,

TRACK A TRAIL OVER THIS FENCE BACK TO HERE

WHERE THERE ARE MARKS WHERE A CAR WOULD

HAVE PULLED AWAY.

NOW, LADIES AND GENTLEMEN, IF WILLIAM

KELLY IS PARKED THERE, CERTAINLY STEVE CLARE

WOULD HAVE SEEN IT AND THERE WOULD HAVE

BEEN NO NEED FOR HIM TO HOP OVER THAT

FENCE. NOW, THEY MAY SAY, THAT COULD HAVE

BEEN ANYONE HOPPING OVER THAT FENCE. THEY

MAY SAY, WELL, THEY DIDN’T SEE ANY - THEY

DIDN’T GET ANYTHING OVER HERE NEAR SHIRLEY

SHEALY’S CAR WHERE IT WAS PARKED BEFORE.

THERE WAS NO BLOODHOUND TRAIL OVER THERE.

WELL, FIRST OF ALL, IF SOMEONE ELSE IS LEAV-

ING THE KENTUCKY FRIED CHICKEN FOR A NOR-

MAL REASON - YOU REMEMBER AGENT JACKSON

WHEN HE TESTIFIED - HE TALKED ABOUT HE WENT

THIRTY FEET DOWN HERE AND WENT AROUND THE—

FENCE, [1598] THIS SIX-FOOT FENCE.

NOW, ALL I KNOW IS IF I'VE GOT A BUCKET OF

CHICKEN FROM THE KENTUCKY FRIED CHICKEN,

I’M NOT HOPPING A SIX-FOOT FENCE AND RUN-

NING THAT WAY WHEN I CAN JUST WALK AROUND.

THERE’S ONLY ONE REASON A PERSON WOULD DO

THAT AND THAT’S BECAUSE THEY’RE RUNNING

FROM THE LAW BECAUSE WILLIAM ARTHUR KELLY

HAD JUST SLAIN, KILLED, SLIT THE THROAT OF

SHIRLEY SHEALY.

NOW, WHAT ABOUT OVER HERE? THERE

WEREN’T ANY TRACKS OVER HERE. WELL, AGENT

JACKSON TOLD YOU WHEN HE STOOD UP THERE.

THEY HAD TO START THEIR PERIMETER VERY WIDE

BECAUSE THERE WAS CONTAMINATION WHEN

THEY WERE SECURING THE SCENE. HE DIDN’T GET

A HIT UNTIL RIGHT ON THE FENCE WHERE HE HAD

GONE OVER. *

IN OTHER WORDS, THE DOG DID EXACTLY

WHAT HE WAS SUPPOSED TO DO. HE DIDN’T HIT ON

ALL THE OTHER LAW ENFORCEMENT PERSONNEL’S

TRACKS THAT WERE IN THAT PARKING LOT. HE HIT

EXACTLY WHERE HE WAS SUPPOSED TO. WILLIAM

ARTHUR KELLY WASN’T PARKED OUT FRONT. HE’S

NOT PARKED NEAR THE ENTRANCE. YOU DECIDE

WHETHER THAT’S THE TRUTH OR A LIE.

IT’S A RANDOM MEETING. THIS IS A REALLY

INTERESTING POINT TO ME. WILLIAM ARTHUR

KELLY SHOWS UP BETWEEN 10:30 AND 10:45 THAT

DAY AND WHAT DOES HE DO. HE GOES IN. HE SEES

THAT SHIRLEY SHEALY’S CAR IS OUT THERE. [1599]

THE WOMAN HE HATES, THE WOMAN HE DOESN’T

WANT TO BE AROUND, THE WOMAN HE QUIT K.F.C.

FOR, AND WHAT DOES HE DO? HE GOES IN. WHAT

IS THE FIRST THING, ACCORDING TO HIS STATE-

MENT, WHAT IS THE FIRST THING THAT HE DOES?

DOES HE GO TO THE FRONT COUNTER HERE? HE

ee Se

DOESN’T SEE HER. DOES HE GO TO THE FRONT

— COUNTER AND LOOK OVER AND SAY, HEY, SHIRLEY.

NO. WILLIAM ARTHUR KELLY SAYS I GO IN HERE; I

GO ALL THE WAY BACK HERE; I GO ALL THE WAY

BACK IN HERE; I FOLLOW ALL THE WAY UP TO HERE

TO SHIRLEY SHEALY.

NOW, HE SAYS, I CAME IN THIS DOOR AND SAID,

HEY, SHIRLEY, AND SHE TURNED AROUND AND

ACKNOWLEDGED ME. TAKE A LITTLE BIT CLOSER

LOOK AT THAT STATEMENT. WHAT DOES HE SAY? I

SAW THAT THE SAFE WAS OPEN.

LADIES AND GENTLEMEN, IF YOU ARE STAND-

ING BACK HERE AND SHE TURNS AROUND AND

THAT SAFE IS IN THAT ROOM, HOW IN THE WORLD

DOES HE KNOW THAT THAT SAFE IS OPEN. WIL-

LIAM ARTHUR KELLY IS RIGHT THERE WITH SHIR-

LEY SHEALY. WILLIAM ARTHUR KELLY IS FORCING

HER TO OPEN THAT SAFE. WILLIAM ARTHUR KELLY

HAS THAT KNIFE OUT ON HIM AT THAT POINT. HE’S

GOT THE PERFECT VICTIM. HE’S GOT A PREGNANT

fLADY. IS SHE GOING TO DO WHAT HE SAYS? YES,

MA’AM, YES, SIR. RANDOM MEETING. LADIES AND

GENTLEMEN, IF THIS IS A RANDOM MEETING, WHY

~ WHY IN THE WORLD DOES WILLIAM ARTHUR

KELLY BRING THIS KNIFE. WE ARE NOT TALKING

ABOUT A POCKETKNIFE. [1600] THIS IS A DAGGER. IT

ISN’T SOMETHING THAT YOU JUST KIND OF USE TO

CLEAN YOUR FINGERNAILS. THIS IS SOMETHING

YOU USE TO STAB. THERE’S NO QUESTION THAT’S

HIS AND THERE’S NO QUESTION HE BROUGHT IT

THERE THAT NIGHT. WELL, HE JUST HAS THAT FOR

HIS PROTECTION. WELL, THAT MAKES SENSE. AND

WHY, LADIES AND GENTLEMEN, DOES WILLIAM

ARTHUR KELLY BRING THESE GLOVES? IT’S A RAN-

DOM MEETING. I JUST HAPPENED TO HAVE THESE.

WILLIAM ARTHUR KELLY DECIDED TO DO A LITTLE

SURGERY THAT NIGHT. SURGERY ON SHIRLEY

SHEALY. IF WILLIAM ARTHUR KELLY HASN’T

PLANNED THIS, WHY IS HE WORRIED ABOUT HIS

PRINTS BEING ON THE SCENE? WHY IS HE WORRIED

ABOUT IF HE TOUCHES SOMETHING, IT’S GOING TO

LEAVE SOMETHING BEHIND? HOW DO YOU KNOW

THAT THERE WAS A GLOVE ON HIS HANDS THAT

NIGHT.

FIRST OF ALL, HE TALKS ABOUT IT IN HIS STATE-

MENT. I HANDLED THE DUCT TAPE. I TAPED HER UP.

IN FACT, HE TALKS ABOUT USING IT, NOT ONLY AT

THE CHAIR, BUT HE TALKS ABOUT IT LATER ON

DOWN THE HALLWAY WHEN SHE’S GRASPING [sic]

FOR AIR AND I WANTED TO PREVENT HER FROM

DOING ANYTHING. WELL, IF HE HAS HANDLED

THIS SO MUCH, WHY - WHY AREN’T THERE ANY

PRINTS ON THIS? AGENT BLACK EVEN TOLD YOU,

THAT’S WHAT ALL OF THIS IS. THAT’S PROCESSING.

LOOKING FOR PRINTS. NO PRINTS. WILLIAM

ARTHUR KELLY WAS WEARING THAT GLOVE.

LADIES AND GENTLEMEN, YOU HAD THAT

LATEX TIP. IT WAS ACTUALLY ON - THIS EVIDENCE

ON THAT CHAIR AT THE TEAR [1601] POINT. DID

YOU HEAR STEVE DERRICK - AGENT DERRICK TALK

ABOUT THAT? AT THE TEAR POINT. THAT MAKES

SENSE, DOESN'T IT? IF YOU ARE TEARING THIS TAPE

OFF, IF EVER IT’S GOING TO RIP, THAT’S GOING TO

BE THE TIME. LEFT IT BEHIND. DIDN’T LEAVE A

FINGERPRINT. LUCKY FOR US, HE LEFT WHAT WAS

COVERING UP FIS FINGERPRINTS.

LADIES AND GENTLEMEN, WHAT ELSE DID HE

BRING TO THIS RANDOM MEETING WITH SHIRLEY

SHEALY THAT THE DEFENSE WOULD LIKE FOR YOU

TO IGNORE. THERE’S NO PLAN HERE. THE DUCT

TAPE. THERE’S NO DUCT TAPE IN THAT STORE.

WELL, I DON’T SEE HOW THIS IS SOMETHING, YOU

KNOW, EVEN IF YOU BELIEVE THAT HE CARRIED

THIS AROUND IN HIS POCKET FOR PROTECTION

AND FOR SOME REASON HE’S GOT SOME FETISH

FOR KEEPING GLOVES IN HIS POCKET AND WHERE

ARE YOU KEEPING THIS IF YOU ARE GOING TO THE

ZOO IN COLUMBIA, SOUTH CAROLINA. WHAT

SENSE DOES THAT MAKE?

THE DEFENSE WANTS YOU TO IGNORE THAT.

THEY WANT YOU TO BELIEVE IT WAS A RANDOM

MEETING. DID HE HAVE ACCESS TO THOSE GLOVES?

ABSOLUTELY. WHERE? MCDONALD’S. THE PLACE

WHERE HE WORKED.

NOW, THEY ALSO WANT YOU TO IGNORE THE

CONDITION OF THAT VEHICLE. SHIRLEY SHEALY’S

CAR IS FOUND. THAT GAS CAN TIPPED OVER IN THE

BACK. SECURE ON THE FLOORBOARD OF THAT IS A

TIPPED OVER GAS CAN. NO ONE ELSE WAS IN THE

BACK OF THE CAR THAT NIGHT. SHIRLEY SHEALY

CERTAINLY WASN'T. [1602] SHE’S DRIVING THE CAR.

THEY WANT YOU TO IGNORE THAT.

ANOTHER POINT IS THEY WANT YOU TO

IGNORE THE FACT THAT HOW IN THE WORLD

WOULD WILLIAM ARTHUR KELLY BE ABLE TO GET

MONEY FROM THE KENTUCKY FRIED CHICKEN.

~ WHO WOULD HE NEED? COULD HE BREAK IN AND

JUST GET IN THE SAFE? NO. WHAT WOULD HE

NEED? WHO WOULD HE NEED? HE WOULD NEED

THE CODE TO THE COMBINATION LOCK UN THAT

FLOOR SAFE. WHO HAD THE CODE? SHIRLEY

SHEALY. WHO IS THE PERFECT VICTIM? SHIRLEY

SHEALY. WHAT ELSE DOES HE NEED? THE MAN-

AGER. WHO IS THE MANAGER? SHIRLEY SHEALY.

BUT IT’S JUST A RANDOM MEETING. SHE ALREADY

HAD THE SAFE OPEN. GIVE THAT WHAT WEIGHT

YOU THINK IT DESERVES.

HIS STORY IS THAT SHIRLEY WANTED ME. SHIR-

LEY SHEALY WANTED ME AND JUST AN AFTER-

THOUGHT, THAT I TOOK THAT MONEY. SHIRLEY

SHEALY, ACCORDING TO THE DEFENDANT,

WANTED TO HAVE SEX WITH HIM. THIS IS A

WOMAN SUPPOSEDLY WHO GOT OUT OF HER CAR,

LEFT IT RUNNING. SHE WAS GOING HOME TO HER

HUSBAND, A HUSBAND THAT IS APPARENTLY

JEALOUS ACCORDING TO HIS STATEMENT, AND

WHAT DOES SHE DO? SHE’S ALREADY CLOSED

BECAUSE SHE KNOWS SHE NEEDS TO BE GETTING

HOME. SHE SEES MR. KELLY WALK IN AND SHE

DECIDES, WELL, I'M NOT GOING TO WORRY ABOUT

MY HUSBAND; I'M NOT GOING TO WORRY ABOUT

MY CAR RUNNING OUTSIDE. SUDDENLY, SHE WAS

OVERCOME WITH PASSION FOR WILLIAM ARTHUR

KELLY, A 17-YEAR-OLD BOY IN HIS HORMONAL

PRIME, HAS A 25-YEAR-OLD WOMAN SUPPOSEDLY

AFTER HIM IN THIS [1603] KENTUCKY FRIED

CHICKEN. NO PLAN TO ROB.

IT ALSO TALKS ABOUT THE CIRCUMSTANCES OF

THE CRIME. FIRST OF ALL, IT TALKS ABOUT SHE

WANTED ME TO TAPE HER HANDS BEHIND ME [sic].

LADIES AND GENTLEMEN, SHIRLEY SHEALY

WAS FOUND IN THE AUTOPSY, HER HANDS WERE

DUCT-TAPED TOGETHER BEHIND HER. THE TESTI-

MONY - AND YOU REMEMBER IT HOW YOU WANT

OR HOW YOU HEARD - WAS THAT HER HANDS

WERE DUCT-TAPED TOGETHER. IT WASN’T DUCT-

TAPED AROUND HER WAIST. IT WASN’T DUCT-

TAPED ANYPLACE ELSE. WILLIAM ARTHUR KELLY

SAYS, WELL, WHEN SHE’S SITTING THERE, SHE GETS

UP AND SHE FREES ONE HANP. WELL, IF SHE FREES

ONE HAND, SHE FREES BOTH. NOT ACCORDING TO

WILLIAM ARTHUR KELLY. THAT DOESN’T MAKE

ANY SENSE.

WHAT DO YOU HEAR FROM STEVE DERRICK?

WILLIAM ARTHUR KELLY TELLS YOU THAT NOTH-

ING HAPPENED IN THAT CHAIR. THAT SHE WAS

DUCT-TAPED THERE, BUT SHE GOT FREE AND STAR-

TED CHASING HIM. AGENT DERRICK TOLD YOU

JUST THE OPPOSITE. AGENT DERRICK TOLD YOU

THAT AT LEAST A MINIMUM OF TWO BLOWS TOOK

PLACE IN THAT CHAIR. BLOOD SPATTER, SENT

BLOOD ALL OVER THE PLACE.

LADIES AND GENTLEMEN, EVEN IF YOU IGNORE

THIS DIAGRAM, YOU CAN LOOK AT THE-BLOOD

AROUND THIS CHAIR ON EITHER ONE OF THESE

DIAGRAMS. BUT NOTHING HAPPENED THERE. THAT

WAS THE POINT WHERE SHE WAS JUST GETTING

UPSET AND [1604] STARTED REALLY WANTING ME.

EVEN AFTER I CUT HER, SHE KEPT GRABBING AT

ME, SO I KEPT STABBING HER.

LADIES AND GENTLEMEN, AS WILLIAM

ARTHUR KELLY DESCRIBED IT, HE SLIT HER THROAT

AND HE CONTINUES TO STAB HER AS THEY RUN

DOWN THROUGH HERE. HER APPARENTLY GOING

AFTER HIM ACCORDING TO HIS STATEMENT. IS

THAT WHAT THE EVIDENCE SHOWS? THE EVIDENCE

FORENSICALLY. THE EVIDENCE THAT CAN'T LIE.

THE EVIDENCE FORENSICALLY SHOWS SHE WAS

CUT HERE AND SHE WAS CUT BRUTALLY IN BOTH

PLACES.

NOW, HE WANTS TO SAY NOTHING EVEN HAP-

PENED OVER HERE. WELL, WE KNOW THE DUCT

TAPE IS IN THERE AND HERE’S ANOTHER POINT.

I WANT YOU TO LOOK AT THIS WHEN IT GETS

BACK INTO THE JURY ROOM. LOOK AT THAT NAME

TAG. THAT WAS THE NAME TAG THAT AGENT DER-

RICK DESCRIBED TO YOU WAS SHIRLEY SHEALY’S.

WELL, IF SHIRLEY SHEALY IS NOT IN ANY PERIL

THERE, IF THERE IS NOTHING GOING WRONG

THERE, WHY IN THE WORLD IS HER NAME TAG

THERE. IT’S MORE EVIDENCE OF A STRUGGLE.

THAT’S MORE EVIDENCE THAT SHE WAS FORCED TO

DO THAT.

ANOTHER POINT IS THAT MR. KELLY WANTS

YOU TO BELIEVE THAT BOTH OF HER HANDS WERE

FREE. THE EVIDENCE JUST DOESN’T SUPPORT IT,

LADIES AND GENTLEMEN. DR. SEXTON SAID ON

THE STAND - HOW MANY TIMES HAS HE TESTIFIED?

OVER SIX HUNDRED. HOW MANY AUTOPSIES HAS

HE DONE? OVER TEN THOUSAND. THERE’S NO

BLOOD ON HER HANDS, LADIES AND [1605] GEN-

TLEMEN. IF WE KNOW THAT SHE IS CUT HERE AT

LEAST TWO TIMES RESULTING IN SPATTER ALL

OVER THERE, RESULTING IN BLOOD ALL OVER

THAT CHAIR, SHE’S GOING TO HAVE SOME BLOOD

ON HER HANDS. NEVER ANY BLOOD ON HER

HANDS. NOT EVEN AFTER SHE’S STABBED THIRTY-

ONE TIMES, HER THROAT IS SLIT, SHE IS BASICALLY

GIVEN A HATCHET WOUND IN THE BACK OF HER

HEAD. NOT A DROP OF BLOOD.

NOW, YOU MAY HEAR HOW THE COAT WAS

OVER HER HANDS. WELL, HER HANDS WOULD

STILL HAVE TO BE BEHIND HER. THE ENTIRE TIME,

NOT A DROP OF BLOOD. NO DEFENSIVE WOUNDS. I

GUESS BECAUSE SHE WAS IN THE THRONGS OF PAS-

SION THAT IT WAS OKAY FOR HIM TO STAB HER. HE

JUST WANTED - SHE JUST WANTED TO GRAB HIM.

SHE WASN’T WORRIED ABOUT THE FACT THAT HIS

KNIFE IS DIVING IN HER BODY THIRTY-ONE TIMES.

COMMON SENSE. WHAT IS SHE GOING TO DO?

SHE’S GOING TO BE COVERING UP. SHE’S GOING TO

BE TRYING TO AVOID IT. SHE’S PREGNANT. DOES

THAT MAKE SENSE? DOES THAT SOFTEN THIS

CRIME?

ANOTHER POINT, THEY WANT YOU TO BELIEVE

THERE MAY NOT HAVE BEEN AN ARMED ROBBERY

HERE BECAUSE THERE WAS NO PLAN TO DO THAT.

IN THIS CASE, WILLIAM ARTHUR KELLY

THOUGHT ABOUT IT AFTERWARDS TO GET THE

MONEY BECAUSE SHIRLEY SHEALY WAS JUST THERE

GETTING THE MONEY OUT OF THE OPEN SAFE.

LADIES AND GENTLEMEN, THE MONEY IS

UNDERNEATH [1606] SHIRLEY SHEALY. HOW DO

YOU GO BACK TO A SAFE AND GET MONEY THAT'S

NOT THERE? IT JUST DOESN’T MAKE SENSE. IT

DOESN’T ADD UP. COMMON SENSE.

WILLIAM ARTHUR KELLY WANTS YOU TO

BELIEVE THAT THE REASON THAT HE DID NOT GO

OUT THE FRON.T DOOR WAS BECAUSE THERE WAS

TOO MUCH BLOOD. WHAT DID STEVE CLARE TELL

YOU? HE SEES A PERSON DUCK DOWN. IS IT CONSIS-

TENT AND WHOLLY CONSISTENT WITH HIS TESTI-

MONY THAT THAT PERSON WOULD HAVE FLED? HE

TOLD YOU THAT HE DROVE IN AND DROVE

AROUND. HOW MANY DIFFERENT PLACES DOES

WILLIAM ARTHUR KELLY HAVE TO LEAVE THAT

PLACE? THERE’S THE BACK DOOR. ONE BOLT.

THERE WAS NO BLOOD BACK THERE. BECAUSE IF

YOU GO OUT THE BACK DOOR, YOU ARE GOING

EXACTLY WHERE STEVE CLARE WAS. THE FRONT

DOOR. I'M NOT GOING OUT THE WAY I WENT IN.

WELL, THAT MAKES A LOT OF SENSE.

LADIES AND GENTLEMEN, HE OBVIOUSLY

DIDN’T HAVE A PROBLEM WALKING THROUGH THE

BLOOD. HIS FOOTPRINTS ARE THROUGHOUT IT, BUT

SUDDENLY HE’S OVERCOME WITH THAT AND

DECIDES THAT I DON’T WANT TO WALK THROUGH

THAT. AND EVEN IF HE DIDN’T WANT TO DO THAT,

THIS IS A COUNTER. WHY NOT JUST HOP OVER THE

COUNTER? NO, I'M GOING TO SQUEEZE THROUGH

THE DRIVE-THRU WINDOW WHICH IS ON THE

OPPOSITE SIDE WHERE STEVE CLARE’S POLICE

VEHICLE IS ON THIS SIDE AND RUN AND CON-

TINUE RUNNING UNTIL I GET TO LOWELL, MASSA-

CHUSETTS, WHERE THE POLICE FIND HIM. RIGHT

THERE. HE EVEN GOES SO [1607] FAR TO TELL YOU

THAT HE WAS ADMITTING TO WHAT HE WAS WEAR-

ING AT THE CRIME SCENE.

WELL, LADIES AND GENTLEMEN, I DON’T

KNOW IF YOU REMEMBER THE TESTIMONY ABOUT

THE MISSING PERSON’S REPORT. THERE WAS ALSO

A TAN SHIRT. YOU MAY HEAR ABOUT HOW THERE

WASN’T ENOUGH BLOOD ON THIS SHIRT. THAT’S

NOT IN THERE. WHERE IS THAT? PROBABLY THE

SAME PLACE THOSE GLOVES ARE. ONE GLOVE

WITHOUT THE TIP.

LADIES. AND GENTLEMEN, THE SCENARIO IS

SIMPLE. WILLIAM ARTHUR KELLY FORCED SHIRLEY

SHEALY AT KNIFE POINT TO GO BACK INTO THAT

KENTUCKY FRIED CHICKEN. WILLIAM ARTHUR

KELLY FORCED SHIRLEY SHEALY, THE ONLY PERSON

WHO COULD HAVE OPENED THAT SAFE AT THAT

POINT, TO TAKE THE MONEY FROM THEM. WILLIAM

ARTHUR KELLY DUCT TAPED SHIRLEY SHEALY

WITH HER HANDS BEHIND HER BACK. WILLIAM

ARTHUR KELLY PUT HER IN THAT CHAIR. WILLIAM

ARTHUR KELLY STABBED HER EXECUTION STYLE.

SHE WAS DEFENSELESS. WILLIAM ARTHUR KELLY

TRIED TO TAPE HER TO THAT CHAIR. SHIRLEY

SHEALY TRIED TO RUN FOR HER LIFE. SHIRLEY

SHEALY RAN FIGHTING FOR HER LIFE TO GET OUT.

WILLIAM ARTHUR KELLY WASN’T GOING TO LET IT

HAPPEN. WILLIAM ARTHUR KELLY AS SHE GASPS

FOR AIR, WITH HER HANDS DUCT-TAPED BEHIND

HER BACK, REPEATEDLY, BRUTALLY STABBED HER,

CUT HER, SLIT HER THROAT, PUT A HATCHET-LIKE

WOUND IN HER HEAD, CUT HER UP LIKE A PIECE

OF MEAT AND LEFT HER THERE TO DIE. HE EVEN

TRIED TO DRAG HER [1608] BACK INTO THE

KITCHEN AREA TO HIDE HIS HANDY WORK.

WILLIAM ARTHUR KELLY, LADIES AND GENTLE-

~MEN, WAS CAUGHT IN THE ACT. WILLIAM ARTHUR

KELLY DID NOT HAVE TIME TO COLLECT ALL OF

THE MONEY. WILLIAM ARTHUR KELLY FLED OUT OF

THE DRIVE-THRU WINDOW TO ESCAPE STEVE

CLARE CATCHING HIM. WILLIAM ARTHUR KELLY

FLED ON FOOT OUT THE BACK TO WHERE HE HAD

PARKED HIS CAR BEHIND THE KENTUCKY FRIED

CHICKEN IN AN ADJACENT LOT. WILLIAM ARTHUR

KELLY DISCARDED THE GLOVES THAT HE HAD AND

THE SHIRT THAT HE HAD AND WENT UP TO LOW-

ELL, MASSACHUSETTS, WHERE HE WAS APPRE-

HENDED BY THE POLICE.

LADIES AND GENTLEMEN, THIS WAS DONE FOR

ONE SIMPLE REASON. YOU HEARD SOLICITOR

MYERS DISCUSS IT IN HIS OPENING STATEMENT.

MONEY. WILLIAM ARTHUR KELLY PLACED ABOUT

140 DOLLARS OVER THE LIFE OF SHIRLEY SHEALY.

LADIES AND GENTLEMEN, HE TRIED TO RUN

FROM THAT. LADIES AND GENTLEMEN, THE EVI-

DENCE WON'T LET HIM DO THAT. YOU ARE HERE IN

A VERY - THE MOST IMPORTANT ROLE THAT ANY-

ONE IN THIS COURTROOM HAS.

IT IS YOUR ROLE TO TAKE THE EVIDENCE AND

TO LISTEN TO THE LAW AS IT’S CHARGED BY JUDGE

CLARY AND IT IS YOUR JOB TO PUT THEM

TOGETHER AND TO SPEAK THE TRUTH. DECIDE

WHAT HAPPENED ON JANUARY THE 5TH, 6TH, 7TH,

8TH, 9TH, 10TH OF 1996. THAT IS YOUR ROLE. ONCE

YOU DO THAT, YOU APPLY THE LAW.

YOU USED YOUR COMMON SENSE. AND I SUB-

MIT IT IS CLEAR THAT THE RUNNING WILL STOP.

[1609] WILLIAM ARTHUR KELLY WILL BE HELD

ACCOUNTABLE FOR THE ACTS THAT HE DID TO

SHIRLEY SHEALY THAT DAY, THAT NIGHT IN END-

ING HER LIFE OVER A LITTLE BIT OF MONEY.

LADIES AND GENTLEMEN, I ASK YOU TO GO

BACK IN AT THE CONCLUSION OF THE DEFENSE

ARGUMENT AND THE JUDGE’S CHARGE TO DELIB-

ERATE AND TO SPEAK THE TRUTH. THE TRUTH

BEING THAT WILLIAM ARTHUR KELLY IS GUILTY OF

MURDER, ARMED ROBBERY, KIDNAPPING AND THE

USE OF A KNIFE DURING THE COMMISSION OF A

VIOLENT CRIME.

[1651] PRELIMINARY INSTRUCTIONS TO THE

JURY - SENTENCING PHASE BEGINS

> ad *

LADIES AND GENTLEMEN OF THE JURY, THE

DEFENDANT, WILLIAM ARTHUR KELLY, WAS CON-

VICTED ON SEPTEMBER 17, 1998, OF THE OFFENSE OF

MURDER AND THE OFFENSES OF KIDNAPPING,

ARMED ROBBERY AND POSSESSION OR DISPLAY OF

A KNIFE DURING THE COMMISSION OF A VIOLENT

CRIME.

IT THEREFORE BECOMES NECESSARY FOR US TO

HOLD THIS ADDITIONAL PROCEEDING WHICH

WILL DETERMINE THE PUNISHMENT THAT THE

COURT IS TO IMPOSE UPON THE DEFENDANT.

SECTION 16-3-20 OF THE CODE, SOUTH CARO-

LINA CODE OF LAWS, 1976, AS AMENDED, PROVIDES

IN PART AS FOLLOWS: A [1652] PERSON WHO IS

CONVICTED OF OR PLEADS GUILTY TO MURDER,

MUST BE PUNISHED BY DEATH OR IMPRISONMENT

FOR LIFE. THAT SECTION, AS FURTHER AMENDED,

ALSO PROVIDES IN PART: UPON CONVICTION OF A

DEFENDANT OF MURDER, THE COURT SHALL CON-

DUCT A SEPARATE SENTENCING PROCEEDING TO

DETERMINE WHETHER THE DEFENDANT SHOULD

BE SENTENCED TO DEATH OR LIFE IMPRISONMENT.

SO OUR PURPOSE IN CONDUCTING THE PRO-

CEEDING IN WHICH WE ARE NOW ENGAGED IS TO

DETERMINE WHETHER THE DEFENDANT, WILLIAM

ARTHUR KELLY, SHOULD BE SENTENCED BY THE

COURT TO DEATH OR TO LIFE IMPRISONMENT.

WITH RESPECT TO YOUR PARTICULAR ROLE IN

THIS PROCEEDING, YOU WILL BE ASKED TO RECOM-

MEND TO THE COURT WHETHER IT SHOULD SEN-

TENCE THE DEFENDANT, WILLIAM ARTHUR KELLY,

TO DEATH OR TO LIFE IMPRISONMENT.

DURING THE SENTENCING PROCEEDING, THE

STATE AND THE DEFENDANT WILL HAVE AN

iia ah _—

OPPORTUNITY TO INTRODUCE ADDITIONAL EVI-

DENCE IN AGGRAVATION, EXTENUATION OR MIT-

IGATION AND BOTH SIDES WILL HAVE AN

OPPORTUNITY TO PRESENT ARGUMENTS FOR AND

AGAINST THE DEATH PENALTY. SHOULD YOU REC-

OMMEND A SENTENCE OF LIFE IMPRISONMENT OR

SHOULD YOU RECOMMEND A SENTENCE OF

DEATH, THAT IS THE ONLY ISSUE INVOLVED HERE.

AFTER THE LAST ARGUMENT HAS BEEN MADE

TO YOU CONCERNING THE PUNISHMENT THAT I

- SHOULD IMPOSE UPON THE DEFENDANT, THE

COURT WILL THEN GIVE YOU CERTAIN INSTRUC-

TIONS AND YOU WILL THEN RETIRE TO DETERMINE

WHETHER A DEATH SENTENCE OR A LIFE SEN-

TENCE IS TO BE RECOMMENDED.

WE WILL NOW BEGIN THIS PHASE.

SOLICITOR.

[1653] OPENING STATEMENTS BY THE SOLICITOR

* * *

THE SOLICITOR: MR. FOREMAN AND LADIES

AND GENTLEMEN OF THE JURY, AS JUDGE CLARY

HAS TOLD YOU, THE GUILT PHASE, THE FIRST

PHASE IS OVER WITH. AND NOW WE GET INTO

THAT SECOND PHRASE [sic], THE SENTENCING

PHASE, TO IMPOSE THE APPROPRIATE SENTENCE

THAT FITS THE CRIME. YOU HAVE DONE YOUR

DUTY IN THE FIRST PART. YOU FOUND THE DEFEN-

DANT GUILTY OF MURDER BEYOND A REASONABLE

DOUBT. AS A MATTER OF FACT, BEYOND ALL

DOUBT. WE DON’T HAVE TO GO BACK THERE. HE

NO LONGER SITS OVER THERE WITH THAT CLOAK

OF INNOCENCE WRAPPED AROUND HIM. HE’S

STRIPPED NAKED AS A COLD-BLOODED CONNIV-

ING, CALCULATED MURDERER. AND I HOPE YOU

NEVER IN YOUR LIVES AGAIN HAVE TO EXPERI-

ENCE WHAT YOU ARE EXPERIENCING RIGHT NOW.

BEING SOME THIRTY FEET AWAY FROM SUCH A PER-

SON. MURDERER.

WE’VE GOT ONE MORE DUTY TO DO. WE’VE GOT

ONE MORE THING TO DECIDE, THE SENTENCE. AND

THERE’S ONLY ONE SENTENCE FOR THE BRUTAL,

BLOODY, BUTCHERING MURDER HE COMMITTED.

THE DEATH PENALTY. IT’S WARRANTED. IT’S THE

APPROPRIATE SENTENCE. IT’S THE PUNISHMENT

THAT FITS THE CRIME.

[1654] NOW, IN THIS PHASE, WE BRING THOSE

TERMS INTO PLAY THAT YOU WERE ASKED ABOUT

WHEN YOU SAT IN THIS CHAIR UP HERE MONDAY

AND TUESDAY. AGGRAVATING CIRCUMSTANCES,

MITIGATING CIRCUMSTANCES. AND IN THIS PHASE,

THE LAW SAYS THE STATE MUST PROVE CERTAIN

STATUTORY AGGRAVATING CIRCUMSTANCES. AND

THERE COULD BE MITIGATING EVIDENCE FAVOR-

ABLE TO THE DEFENDANT SHOWN UNTO YOU. AND

THIS GOES TO THE CHARACTER AND CHARAC-

TERISTICS OF MURDERER WILLIAM ARTHUR KELLY.

THIS GOES TO THE CIRCUMSTANCES SURROUND-

ING THE CRIME. AND YOU ARE GOING TO HEAR

SOME MORE ABOUT THAT. IT’S GOING TO BE, FOLKS,

EVEN MORE GRUESOME THAN WHAT YOU HEARD

WEDNESDAY AND THURSDAY. IT’S GOING TO BE

UGLIER THAN WHAT YOU’VE HEARD FOR THE LAST

TWO DAYS.

IN THE LAW BOOKS UP THERE BY THE JUDGE’S

DESK THAT HE HAS, OUR GENERAL ASSEMBLY HAS

WRITTEN INTO THE LAWS A FEW OTHER CIRCUM-

STANCES, CRIMES OR ACTS THAT HAVE TO SUR-

ROUND A MURDER. THEY ARE CALLED STATUTORY

BECAUSE THEY ARE IN THE STATUTES. STATUTORY

AGGRAVATING CIRCUMSTANCES. AND IT’S OUR JOB

TO PROVE TO YOU AT LEAST ONE OUT OF THOSE

LAW BOOKS THAT SURROUNDED THESE CRIMES AT

THE K.F.C. ON FRIDAY, JANUARY THE 5TH. ALL WE

HAVE TO DO IS PROVE ONE FOR YOUR CONSIDER-

ATION BEYOND A REASONABLE DOUBT FOR YOU

TO IMPOSE THE DEATH PENALTY.

BUT YOU KNOW WHAT? WE ARE GOING TO SUB-

MIT FIVE TO YOU. FIVE. SURROUNDING THE MUR-

DER, THERE WAS A [1655] STATUTORY

AGGRAVATING CIRCUMSTANCE OR CRIME OF KID-

NAPPING. SURROUNDING THE MURDER, THERE

WAS A STATUTORY AGGRAVATING CIRCUMSTANCE

OF ARMED ROBBERY. SURROUNDING THE MURDER,

THERE WAS A STATUTORY AGGRAVATING CIRCUM-

STANCE OF LARCENY WITH A DEADLY WEAPON.

SURROUNDING THE MURDER WAS THE STATUTORY

AGGRAVATING CIRCUMSTANCE OF BURGLARY,

GOING INTO A PLACE WITHOUT LAWFUL CONSENT

WITH THE INTENT TO COMMIT A CRIME. CAN BE IN

THE NIGHTTIME, CAN BE WHEN SOMEBODY GOES

IN THERE ARMED WITH A KNIFE, A DEADLY

WEAPON, IF SOMEBODY CAUSES PHYSICAL INJURY

TO ANOTHER IN A BUILDING, IF THEY DISPLAY A

KNIFE OR DEADLY WEAPON. ALL OF THESE THINGS.

AND THEN FIVE AND PROBABLY THE WORST ONE

OF ALL, SURROUNDING THE MURDER, IT WASN’T

JUST A MURDER. IT WAS ACCOMPLISHED WITH THE

STATUTORY AGGRAVATING CIRCUMSTANCE OF

PHYSICAL TORTURE. PHYSICAL TORTURE. WE ARE

GOING TO PROVE THAT TO YOUR SATISFACTION.

WE ONLY HAVE TO PROVE ONE. YOU CAN FIND

ONE. YOU CAN FIND TWO. YOU CAN FIND THREE.

YOU CAN FIND FOUR. YOU CAN FIND FIVE. BUT IF

YOU FIND JUST ONE ALONE, YOU MAY IMPOSE THE

DEATH PENALTY AND WE HAVE TO PROVE THAT TO

YOU BEYOND A REASONABLE DOUBT AND I WEL-

COME THAT OPPORTUNITY.

AND THE JUDGE IS GOING TO TELL YOU THIS.

EVEN WITH ALL OF THAT, EVEN WITH ALL OF

THOSE AGGRAVATING CIRCUMSTANCES, YOU CAN

RETURN A SENTENCE OF LIFE FOR ANY REASON OR

NO REASON AT ALL. IT’S UP TO YOU.

[1656] YOU KNOW IT’S APPROPRIATE - IT’S

IRONIC AND APPROPRIATE THAT WE ARE STARTING

COURT HERE ON A FRIDAY NIGHT. YOU REMEMBER

WHAT DAY JANUARY THE 5TH WAS. YOU REMEM-

BER WHAT NIGHT IT WAS THAT SHIRLEY SHEALY

WAS BUTCHERED? ABOUT 6:15 OR 6:20 THAT NIGHT,

HE ALREADY HAD HIS PLANS IN ACTION. THE

SAME FRIDAY NIGHT. AS SHIRLEY SHEALY WAS

GOING ABOUT HER BUSINESS EARNING A LIVING,

HE ALREADY HAD HIS KNIFE. HE ALREADY HAD

HIS DUCT TAPE. HE ALREADY HAD HIS GLOVES

AND HE ALREADY HAD HIS BUTCHERING PLAN.

ALL HE HAD TO DO THEN WAS JUST TO CARRY IT

OUT. PUT HIS PLANS INTO ACTION. AND LATER ON

HE DID. HE HAD HIS CAR BACK OVER THERE ON

HARTLEY STREET WAITING. IN HER CAR, - BRING-

ING HER BACK. GOING INSIDE THAT BUILDING

WITHOUT LAWFUL AUTHORITY AND WITHOUT

VALID CONSENT. THIS LADY WAS OVER SIX

MONTHS PREGNANT, FOLKS, AND HE KNEW IT. HE

TOLD YOU SO IN HIS CONFESSION. THAT’S EVEN

MORE AGGRAVATED. OVER SIX MONTHS PREG-

NANT. SHE HAD ALREADY HAD ONE BABY. AND

THAT BABY WAS BORN PREMATURE. THAT FIRST

BABY WAS BORN WHEN SHE WAS ABOUT - JUST

ABOUT SEVEN MONTHS PREGNANT AND NOW

SHE’S SIX —- OVER SIX MONTHS PREGNANT AGAIN.

THE DEFENDANT KNOWING IT AND HE CARRIES

OUT THIS PLAN.

THAT’S AGGRAVATION WITHIN ITSELF. AND I

WANT YOU TO THINK WHEN YOU LEAVE HERE

TODAY - THE JUDGE SAYS HE WANTS TO CLOSE

DOWN ABOUT 10 O’CLOCK -

MR. KIRKLAND: OBJECTION, YOUR HONOR.

[1657] WE WANT TO RENEW OUR MOTION ON

THE SAME GROUNDS REGARDING THAT ISSUE WE

DISCUSSED.

THE COURT: THE OBJECTION IS NOTED. IT’S

OVERRULED.

THE SOLICITOR: WHEN WE LEAVE HERE

TONIGHT AROUND 10 O’CLOCK, THAT FRIDAY

NIGHT, SHIRLEY SHEALY AND HER BABY HAD LESS

THAN AN HOUR TO LIVE AT HIS HANDS.

THERE’S ONLY ONE SENTENCE FOR THIS CASE.

THERE’S ONLY ONE SENTENCE THAT’S WAR-

RANTED. THERE’S ONLY ONE SENTENCE THAT’S

APPROPRIATE. THERE’S ONLY ONE SENTENCE THAT

FITS THE CRIME.

WE HAVE ASKED FOR THE DEATH PENALTY. WE

ARE GOING TO BE VIGOROUSLY SEEKING THE

DEATH PENALTY AND, FOLKS, WE EXPECT THE

DEATH PENALTY.

[1661] CHARLES JORDAN, III -

DIRECT BY MR. CHASE

~ * *

CHARLES JORDAN, IIL,

FIRST BEING DULY SWORN, TESTIFIED AS FOLLOWS:

THE CLERK: STATE YOUR FULL NAME,

PLEASE.

THE WITNESS: MY NAME IS CHARLES P.

JORDAN, III, J-O-R-D-A-N.

DIRECT EXAMINATION

BY MR. CHASE:

Q OFFICER JORDAN, I’M GOING TO ASK YOU

TO SPEAK UP. [1662] MAKE SURE EVERYBODY CAN

HEAR YOU, OKAY?

A_ YES, SIR.

Q OFFICER JORDAN, WHERE ARE YOU

EMPLOYED?

A LEXINGTON COUNTY DETENTION CENTER.

Q RIGHT OVER HERE ON GIBSON ROAD?

A_ YES, SIR.

Q WHAT ARE YOUR DUTIES OVER THERE?

BASICALLY, IT’S SECURITY AND WELFARE OF

THE INMATES.

Q HOW LONG HAVE YOU BEEN WORKING

OVER THERE?

A OCTOBER WILL BE TWO YEARS.

[1663] Q WHERE - WHERE ARE YOU SPENDING

MOST OF YOUR TIME AS A CORRECTIONAL OFFI-

CER?

A BASICALLY, I SPEND MOST OF MY TIME

WORKING THE FLOORS.

Q WHEN YOU SAY WORKING THE FLOORS,

WELL, EXPLAIN TO THE JURY WHAT THAT MEANS?

A BASICALLY, THERE ARE THREE FLOORS AT

THE DETENTION CENTER. EACH FLOOR, BASICALLY

HOUSES ABOUT 102 INMATES. OUR MAIN JOB TO DO

WHILE WE WORK THERE, OUR TWELVE-HOUR DAY

IS TO GO IN AND MAKE SURE ALL OF THE ROOMS

ARE THE WAY THEY ARE SUPPOSED TO BE. AIN’T

NOBODY TRYING TO ESCAPE. THAT NO OTHER

INMATES ARE TRYING TO HURT THEMSELVES OR

ANOTHER INMATE -

MS. FULLWOOD: YOUR HONOR, WE ARE

HAVING SOME PROBLEMS HEARING THE WITNESS.

THE COURT: YES, SIR. IF YOU WOULD,

PLEASE SPEAK UP. YOU DON’T NEED TO PULL THE

MICROPHONE ANY CLOSER TO YOU. YOU JUST

NEED TO SPEAK UP A LITTLE BIT BECAUSE IF YOU

PULL THAT MICROPHONE TOO CLOSE TO YOU, IT

WILL START BARKING AT YOU,

THE WITNESS: YES, SIR.

MR. CHASE: HOW WOULD YOU GO ABOUT

DOING THAT? DO YOU ACTUALLY GO ONTO THE

FLOORS?

A YES, SIR. WE ARE SUPPOSED TO MAKE A

ROUND EVERY 10 OR 15 MINUTES.

[1664] Q SO ARE YOU ACTUALLY IN, AROUND

AND AMONG THE INMATES AT THE LEXINGTON

DETENTION CENTER?

A YES, SIR.

Q YOU SAID THEY ARE ON FLOORS?

A YES, SIR.

Q HOW ARE THOSE FLOORS SET UP?

A THERE ARE THREE FLOORS AND YOU HAVE

THREE WINGS TO A FLOOR.

Q AND APPROXIMATELY, HOW MANY CELLS

WOULD BE ON EACH ONE OF THOSE WINGS, DO

YOU KNOW?

A EACH WING - WELL, YOU HAVE A, B, AND A

C WING. YOUR B WING HAS TEN CELLS; YOUR A

AND YOUR C HAVE TWELVE.

Q NOW, WOULD YOU BE - WOULD YOU

ALWAYS BE ON ONE PARTICULAR FLOOR OR DO

YOU FLOAT AROUND DEPENDING ON WHICH DAY

YOU ARE AT WORK?

A NO, SIR. YOU ROTATE FROM FLOOR TO THE

ANNEX TO BOOKING.

Q AND WHAT IS ANNEX? WHAT’S THE ANNEX?

A THE ANNEX IS WHERE YOU KEEP YOUR MIN-

IMUM SECURITY INMATES. BASICALLY, I MEAN, LIKE

YOUR FRAUDULENT CHECKS. I MEAN FAMILY

COURT, STUFF LIKE THAT.

Q AND WHAT'S BOOKING?

A BOOKING IS WHERE THEY BRING INMATES

IN AND WHERE YOU DISCHARGE THEM.

[1665] Q AND YOU WOULD ROTATE THROUGH

ALL OF THOSE PLACES -

A_ YES, SIR.

Q - AS A CORRECTIONAL OFFICER?

A YES, SIR.

Q NOW, YOU TALKED ABOUT WHEN YOU

WOULD BE ON THE FLOORS, THAT YOU WOULD

ACTUALLY BE CHECKING ON THE SAFETY AND

WELFARE OF THE INMATES. HOW DO YOU GO

ABOUT DOING THAT?

A BASICALLY, WE - WHEN WE PASS OUT THE

FOOD TRAYS AND STUFF IN THE MORNING, WE’LL

CHECK THE CELLS THEN AND THEN AFTER WE

PASS OUT THE TRAYS AND PICK THEM UP, WE’LL DO

A CLEAN-UP. BASICALLY, CLEAN-UPS ARE FOR THE

INMATES TO CLEAN THEIR CELLS AND ALSO FOR

YOU TO GIVE YOUR OPPORTUNITY TO GO IN AND

CHECK OUT THE CELLS.

Q SO WHEN YOU SAY, YOU CHECK OUT THE

CELLS, WHAT ARE YOU DOING ON A DAILY BASIS?

A BASICALLY, YOU WANT TO INSPECT FOR

ANYTHING OUT OF THE ORDINARY. YOU WANT TO

SEE IF ANY OF THE FAUCETS ARE MISSING. YOU

WANT TO CHECK AND SEE IF THERE’S ANY NEW -

WHERE THEY ARE TRYING TO DIG OUT, IF THERE

ARE ANY NEW HOLES OR ANYTHING LIKE THAT.

Q NOW, AS OPPOSED TO THAT VISUAL CHECK

THAT YOU ARE DOING ON A DAILY BASIS, WHAT’S

A SHAKEDOWN?

A A SHAKEDOWN CONSISTS OF WHENEVER

YOU HAVE A COUPLE OF OFFICERS THAT GOES UP

ONTO THE FLOORS AND THEY’LL ACTUALLY [1666]

GO IN AND MAKE SURE THE INMATES AIN’T GOT

NO CONTRABAND. CONTRABAND CONSISTS OF

- ANYTHING THAT’S EXTRA, MORE THAN TWO

SHEETS, TWO BLANKETS, EXTRA JUMPSUITS, TOO

MANY PENS, TOO MANY PENCILS, AND TOO MUCH

MEDICATION OR ANYTHING TO THAT EFFECT.

Q IN OTHER WORDS, YOU’VE GOT CERTAIN

RULES THAT ARE SET UP OVER AT THE DETENTION

CENTER?

A YES, SIR.

Q ABOUT HOW THEY CAN - HOW INMATES

CAN ACT AND WHAT THEY CAN HAVE?

A YES, SIR.

Q NOW, IN YOUR TWO YEARS THAT YOU’VE

BEEN OVER THERE WORKING AS A CORRECTIONAL

OFFICER, HAVE YOU COME IN CONTACT WITH AN

INMATE BY THE NAME OF WILLIAM KELLY?

A YES, SIR. HE’S ACTUALLY THE FIRST INMATE

I ACTUALLY HAD TO WRITE UP WITHIN MY FIRST

MONTH THERE.

Q WHAT HAPPENED IN THAT SITUATION?

A BASICALLY, I GUESS, HE DIDN’T LIKE THE

WAY I WAS DOING MY JOB. SO WHEN I CAME AND

OPENED UP HIS CELL DOOR, HE CALLED ME A

FUCKING DUMB ASS. AND I TURNED BACK

AROUND AND ASKED HIM TO STEP BACK INTO HIS

CELL. HE REFUSED. I ASKED HIM SEVERAL TIMES

AFTER THAT. HE SAID THE ONLY WAY THAT I’M

GOING TO GET HIM BACK IN THAT CELL IF I CALL

FOR BACKUP. SO I CALLED FOR BACKUP AND THEY

ESCORTED HIM BACK INTO HIS CELL.

[1667] Q OFFICER JORDAN, FROM THAT TIME

ON, DID YOU BEGIN TO KEEP AN EYE ON WILLIAM

ARTHUR KELLY?

A YES, SIR. ANY TIME THAT I HAVE A DEALING

WITH ANY INMATE, ANY TIME I HAVE TO WRITE

THEM UP OR ANYTIME I HAVE ANY DISCREPANCIES

WITH THEM, USUALLY I KEEP AN EYE ON THEM.

BUT NOT TOO LONG AFTER THAT WE HAD A -

WELL, ACTUALLY, A LONG TIME AFTER THAT.

ABOUT - PROBABLY ABOUT FOUR OR FIVE MONTHS

AGO -

Q WELL, LET ME ASK YOU THIS, WERE YOU

WORKING ON AUGUST THE 19TH -

A YES, SIR.

Q - OF THIS YEAR -

MR. KIRKLAND: OBJECTION.

YOUR HONOR, WE HAVE A MATTER OF LAW

DEALING WITH THIS ISSUE.

THE COURT: ALL RIGHT.

LADIES AND GENTLEMEN OF THE JURY, I HAVE

A MATTER OF LAW TO TAKE UP WITH THE LAW-

YERS. I’M GOING TO SEND YOU TO THE JURY ROOM

WHILE I DISCUSS THAT MATTER WITH THEM.

ONCE AGAIN, PLEASE DO NOT DISCUSS THIS

CASE WHILE YOU ARE IN THE JURY ROOM. YOU

MAY BE EXCUSED.

(JURY OUT.)

THE COURT: ALL RIGHT, MR. KIRKLAND.

MR. KIRKLAND: THANK YOU, YOUR

HONOR.

AT THIS TIME, YOUR HONOR, WE ARE OBJECT-

ING TO AN [1668] INCIDENT, I BELIEVE, THEY ARE

GOING TO SAY OCCURRED BACK ON 8/19/1998,

WHICH IS AN ATTEMPTED ESCAPE ATTEMPT.

THE FACTS SURROUNDING THIS INCIDENT IS

YOU HAD THREE INMATES IN ONE CELL. ALL

THREE OF THEM HAVE BEEN CHARGED WITH THE

ESCAPE ATTEMPT AND DESTRUCTION OF PROP-

ERTY.

YOUR HONOR, WE BELIEVE THAT RULE 404 (B)

AS WELL AS LYLE AND THE OTHER LINES OF CASES

APPLY HERE AS FAR AS PRIOR BAD ACTS AND

WRONGS.

YOUR HONOR, THERE’S NO WAY THEY CAN

PROVE BY CLEAR AND CONVINCING EVIDENCE

THAT BILLY KELLY WAS THE ACTOR IN THIS PARTIC-

ULAR MATTER. THEY CHARGED THREE INDIVID-

UALS. HE HAPPENED TO BE IN THAT CELL. IN FACT,

MY UNDERSTANDING IS THAT WHERE THIS MOR-

TAR WAS AROUND THIS PARTICULAR BLOCK WAS

ANOTHER INMATE’S CELL. I BELIEVE IT WAS RIGHT

ABOVE THE TOP BUNK.

SO I DON’T SEE HOW THEY CAN EVEN -

THE COURT: YOU SAY IT’S ANOTHER

INMATE’S CELL OR ARE YOU TELLING ME THERE

WERE THREE PEOPLE IN THERE?

MR. KIRKLAND: NO. IT’S THREE INMATES

IN THERE, I’M SORRY. HIS BED, ANOTHER INMATE’

BED, THE TOP BUNK.

THE COURT: ALL RIGHT, MR. CHASE.

MR. CHASE: YOUR HONOR, THE SITUATION

WE ARE DEALING WITH HERE IS THREE INMATES IN

AN EIGHT BY TEN CELL WHEREIN THERE HAS BEEN

SUBSTANTIAL REMOVING OF THE MORTAR [1669]

AROUND A CINDER BLOCK THAT IS AN EIGHT BY

TEN CELL LITERALLY. I MEAN, YOU CAN BASICALLY

SPREAD YOUR ARMS AND BE - AND TOUCH BOTH

_WALLS. THERE’S NO QUESTION ABOUT THE FACT -

NOW, THEY CAN ARGUE ALL DAY LONG THAT HE

WASN’T INVOLVED, BUT HE DARN SURE KNEW

ABOUT IT. THAT MAKES HIM A CO-CONSPIRATOR

OR AT A MINIMUM, A CO-CONSPIRATOR. IT DEFIN-

ITELY GOES TO HIS CHARACTER. SOMETHING LIKE

THAT CAN’T GO ON IN A CELL THAT SMALL. SO

DEFINITELY WOULD BE ADMISSIBLE IN THIS PHASE

OF THE TRIAL.

MR. KIRKLAND: JUDGE, UNDER STATE

VERSUS CUTRO, WE HAD TWO BABIES THAT DIED.

WE HAD A HUSBAND AND A WIFE AND THAT CASE,

AS YOU WELL KNOW, WAS JUST DECIDED BY OUR

SUPREME COURT AND JUSTICE MOORE DISCUSSES

SPECIFICALLY ABOUT THE ACTOR AND TALKS

ABOUT THE CLEAR AND CONVINCING STANDARD.

THE COURT: WELL, MR. KIRKLAND, I WANT

YOU TO UNDERSTAND THAT WE ARE A LITTLE BIT

DIFFERENT THAN YOUR CUTRO CASE. WE’RE IN A

DEATH PENALTY. WE’RE IN THE SENTENCING

PHASE -

MR. KIRKLAND: I UNDERSTAND.

THE COURT: - SO - AND I'VE SEEN A

NUMBER OF OPINIONS THAT JUSTICE MOORE HAS

WRITTEN IN THIS REGARD IN REGARDS TO EVI-

DENCE THAT CAN BE PRESENTED IN THE SENTENC-

ING PHASE. SO YOU CAN TALK ABOUT CUTRO ALL

YOU WANT TO, BUT LET’S MAKE IT RELEVANT TO

WHAT WE’RE HERE ABOUT.

[1670] MR. KIRKLAND: YOUR HONOR, I -

THE COURT: I JUST READ THAT CASE.

MR. KIRKLAND: I UNDERSTAND THAT, BUT,

YOUR HONOR, I THINK WHAT WE ARE TALKING

ABOUT IS HERE THEY STILL HAVE TO HAVE THE

THRESHOLD TO PROVE THAT HE IS THE ACTOR IN

THIS MATTER. WE’VE GOT THREE PEOPLE CHARGED

AND WHAT THEY’RE TRYING TO DO IS TELL THIS

JURY THAT HE’S ESSENTIALLY THE ONE THAT DID

IT.

BEG THE COURT’S INDULGENCE.

JUDGE, I MEAN, THEY ARE TRYING TO PUT THIS

IN AS EVIDENCE OF AGGRAVATION WHICH, OF

COURSE, DOES HAVE TO DO WITH THIS PARTICU-

LAR PHASE OF THE TRIAL AND WE FEEL THAT EVEN

BY ALLOWING THAT IN THERE IS A VIOLATION OF

HIS EIGHTH AMENDMENT RIGHTS. WE STILL ALSO

REFER TO 404(B) AND THE LYLE LINE OF CASES IN

TERMS OF BURDEN OF PROOF ON THE STATE.

THE COURT: ANYTHING ELSE, MR. CHASE?

MR. CHASE: NOTHING AT THIS TIME, YOUR

HONOR.

THE COURT: WELL, I UNDERSTAND THE

ARGUMENT THAT YOU MAKE, MR. KIRKLAND, BUT I

THINK THAT WHEN WE GET INTO THE SENTENCING

PHASE OF A TRIAL, THERE ARE TWO OR THREE

THINGS THAT COME TO MIND HERE TO ME.

NUMBER ONE, I UNDERSTAND THAT HE WAS

ONE OF THREE INDIVIDUALS IN THAT CELL. CER-

TAINLY, HE HAS SOME - NOT ONLY DOES HE HAVE

SOME RIGHTS, BUT HE ALSO HAS SOME [1671]

RESPONSIBILITIES BECAUSE IN AN EIGHT BY TEN

CELL, HE’S GOING TO KNOW WHAT’S GOING ON. IT

WOULD BE HIGHLY UNLIKELY THAT ANYTHING’S

GOING TO GO ON IN THAT CELL THAT ANYONE

DOESN’T KNOW THAT'S GOING ON.

NUMBER TWO, I THINK THAT THIS GOES TO

CHARACTER. AND WE ARE TALKING ABOUT HIS

CHARACTERISTICS AND AS A RESULT OF THAT, I’M

GOING TO DENY YOUR MOTION. I THINK THAT IT’S

PROPER EVIDENCE TO BE PRESENTED IN THE SEN-

TENCING PHASE.

THE MOTION IS DENIED.

* * *

Q OFFICER JORDAN, I ASKED YOU BEFORE,

WERE YOU WORKING ON THE DAY OF AUGUST THE

19TH, 1998?

A_ YES, SIR.

Q DO YOU RECALL WHAT FLOOR YOU WERE

WORKING ON?

A I WAS WORKING THIRD FLOOR.

Q NOW, DURING THE COURSE OF YOUR

DUTIES, YOU SAID THAT YOU WOULD GO THROUGH

AND YOU WOULD CHECK THE ROOMS?

[1672] A YES, SIR.

Q DID YOU FIND ANYTHING IN PARTICULAR

ON THAT DAY IN CELL 3-A-7?

A YES, SIR. WHENEVER I - WHENEVER I FIRST

WALKED IN TO PASS OUT THE TRAYS THAT MORN-

ING, IN 3-A-7, ONE OF THE BLOCKS RIGHT OVER THE

TOP BUNK, IT LOOKED LIKE IT HAD BEEN INKED

AROUND WITH A PEN, AROUND THE MORTAR

JOINT.

Q LET ME ASK YOU THIS. HOW MANY INMATES

WERE IN THAT CELL?

A THREE.

Q WAS WILLIAM ARTHUR KELLY ONE OF

THOSE INMATES?

A YES, SIR.

Q AND YOU SAID THAT ONE OF THE - ONE OF

THE WHAT LOOKED LIKE IT HAD BEEN INKED

AROUND?

A THE MORTAR JOINTS.

Q OKAY. WHERE WOULD THE MORTAR JOINTS

BE?

A ACTUALLY AROUND THE BRICK.

Q IF YOU COULD, DESCRIBE FOR THE JURY

EXACTLY WHAT THE INSIDE OF A CELL WOULD

LOOK LIKE AND WHAT IT’S MADE UP OF?

A OKAY. YOU HAVE AN EIGHT BY TEN CELL.

WHEN YOU FIRST WALK IN, YOUR TOILET IS GOING

TO BE RIGHT TO YOUR RIGHT. THEN YOU’RE GOING

TO HAVE A SET OF BUNK BEDS, STEEL BUNK BEDS.

YOU ARE GOING TO HAVE A SMALL RECTANGULAR

WINDOW AND YOU’RE GOING TO HAVE AN INMATE

THAT’S SLEEPING ON THE FLOOR. AND THAT’S

BASICALLY WHAT THE ROOM IS MADE UP OF.

[1673] Q AND WHAT ARE THE WALLS MADE

OF?

A CEMENT AND CINDER BLOCK.

Q SO THE MORTAR THAT YOU'VE DESCRIBED,

THAT’S AROUND THOSE CINDER BLOCKS?

A YES, SIR.

Q NOW, YOU SAID THERE WAS ONE THAT WAS

- THAT APPEARED THAT WASN’T - IT WAS OUT OF

THE ORDINARY CONDITION?

A WELL, YEAH. IT LOOKED KIND OF OUT OF

THE ORDINARY, BUT IF YOU FIRST WALK UP THERE,

IT’S NOT TOO OUT OF THE ORDINARY BECAUSE THE

INMATES, THEY DRAW ALL OVER THE WALLS ANY-

WAY. AND WHENEVER I SEEN THAT, I WASN’T TOO

WORRIED ABOUT IT AT THE TIME, BUT THEN AS THE

DAY PROGRESSED, I DECIDED I'LL GO BACK AND

INVESTIGATE A LITTLE BIT MORE CONSIDERING

WHO WAS THE INMATES THAT WAS IN THE CELL.

[1674] OFFICER JORDAN, YOU INDICATED THAT

YOU SAW SOMETHING IN THE CELL THAT KIND OF

THREW UP A RED FLAG FOR YOU. LATER IN THE

DAY, DID YOU GO BACK AND FOLLOW-UP ON YOUR

CONCERN FROM WHAT YOU HAD SEEN? THE WIT-

NESS: YES, SIR. LATER UP IN THE AFTERNOON,

PROBABLY A LITTLE BIT PAST FOUR O’CLOCK, I

WENT BACK IN THE CELL AND ACTUALLY WENT UP

AND OBSERVED IT, LOOKED AT IT AND IT WAS

ACTUALLY TOILET PAPER WITH INK ON IT THAT

WAS STUCK INTO THE CRACKS AROUND THE

BLOCK.

Q NOW, YOU CAN DESCRIBE - YOU SAID THAT

YOU WENT IN - ABOUT WHAT TIME WOULD YOU

HAVE GONE IN IN THE MORNING?

A_ SIR?

Q ABOUT WHAT TIME WOULD YOU HAVE

DONE THAT -

A ABOUT WHAT TIME? WELL, THE FIRST TIME I

GO INTO THE CELL IS GOING TO BE PROBABLY

AROUND 6:30 WHEN WE BRING IN THE FOOD TRAYS.

Q AND LATER ON, YOU SAID YOU WENT BACK

INTO THE CELL?

A YES.

[1675] AND WHAT TIME WAS THAT?

A IN BETWEEN FOUR AND 4:20, SOMEWHERE

ABOUT THAT TIME.

Q IS THAT NEAR THE END OF YOUR SHIFT?

A YES, SIR.

Q NOW, WHEN YOU WENT IN THERE, WHAT

WERE YOU ACTUALLY CHECKING?

A IWAS ACTUALLY CHECKING - YOU'RE TALK-

ING ABOUT IN THE AFTERNOON?

Q UH-HUH.

A I WAS ACTUALLY CHECKING THE WALL

THAT LOOKED LIKE IT HAD INK AROUND THE MOR-

TAR JOINT.

Q NOW, WHERE DID YOU GO TO IN THAT CELL

TO CHECK ON THAT?

A I WALKED - WHEN I OPENED THE DOOR, I

WENT STRAIGHT BACK AND RIGHT ABOVE THE TOP

BUNK, ABOUT TWO BLOCKS UP, I WAS CHECKING

OUT THAT CEMENT RIGHT THERE AROUND THE

JOINT AND IT ACTUALLY WAS TOILET PAPER.

Q OKAY. HOW BIG WOULD YOU SAY - IF YOU

COULD JUST HOLD UP YOUR HANDS FOR THIS JURY,

HOW BIG ARE THOSE CINDER BLOCKS?

A_ IT’S PROBABLY - PROBABLY ABOUT THAT BIG

(INDICATES).

Q AND ABOUT HOW HIGH WOULD YOU SAY?

A AND ABOUT THAT WIDE (INDICATES)

Q AND WHAT DID YOU SAY THAT YOU FOUND

ONCE YOU ACTUALLY WENT IN THERE AND

CHECKED ON THAT?

[1676] A IT WAS TOILET PAPER WITH INK ON IT

AND IT WAS STUFFED BACK INTO THE CRACKS.

Q AND WHERE WOULD THAT HAVE BEEN IN

RELATION TO THAT CINDER BLOCK?

A IT WAS AROUND THE CINDER BLOCK.

Q WHAT WOULD NORMALLY BE THERE

AROUND THAT CINDER BLOCK?

A NORMALLY IT WOULD BE MORTAR, BUT

THERE WAS NONE THAT I COULD SEE. IT WAS ALL

TOILET PAPER.

Q SO IT WAS ACTUALLY TISSUE?

A YES, SIR.

Q WHAT CONDITION WAS IT IN? WAS IT DRY

OR WAS IT WET?

A IT WAS DRY TO THE TOUCHED AREA THAT I

TOUCHED.

Q ONCE YOU HAD FOUND THAT THAT CINDER

BLOCK AND THAT MORTAR AROUND IT OR WHAT

WAS SUPPOSED TO BE MORTAR AROUND IT WAS

ACTUALLY TISSUE, DID YOU DO ANY FURTHER

SEARCHING AT THAT POINT?

A NO, SIR, I DIDN’T SEARCH NO MORE, BUT I

ASKED THE FELLOWS IN THE ROOM HOW LONG

HAS THIS BEEN HERE AND THE FELLOW ON THE

TOP BUNK HE REPLIED, WELL, IT’S BEEN HERE AS

LONG AS I’VE BEEN HERE -

MR. KIRKLAND: OBJECTION, YOUR HONOR.

IT’S HEARSAY.

THE COURT: SUSTAIN THE OBJECTION.

MR. CHASE: AFTER YOU HAD CON-

FRONTED THE PEOPLE [1677] IN THE CELL WHAT

HAD HAPPENED, WHAT DID YOU DO?

THE WITNESS: I WENT BACK. I TALKED TO

- I CALLED MY SERGEANT AND NOTIFIED HIM AND

LET HIM KNOW. HE TOLD ME TO WRITE IT DOWN IN

THE PASS-ON BOOK AND NOTIFY THE NEXT OFFI-

CER THAT COMES ON SO THAT HE CAN DO A FUR-

THER INVESTIGATION ON IT.

Q SO YOU DIDN’T DO ANYMORE SEARCHING

OF THAT CELL AT THAT POINT?

A NO, SIR.

Q BUT HAD YOU INFORMED - WERE THE

INMATES ACTUALLY IN THAT CELL WHEN YOU

WALKED IN AND CHECKED ON -

A YES, SIR.

- THE MORTAR?

YES, SIR.

ALL THREE OF THEM WERE IN THERE?

YES, SIR.

INCLUDING WILLIAM ARTHUR KELLY?

YES, SIR.

AND THEY WERE THERE WHEN YOU LEFT?

YES, SIR.

> OF DMD F&F DO PF ND

Q NOW, YOU SAID THAT YOU HAVE BEEN A

CORRECTIONAL OFFICER FOR TWO YEARS?

A_ YES, SIR.

Q DURING THE COURSE OF THAT TIME, HAVE

YOU - HOW MANY CELL CHECKS WOULD YOU SAY

THAT YOU HAVE DONE?

[1678] A I COULDN’T EVEN BEGIN TO TELL YOU

HOW MANY I'VE CHECKED.

Q THROUGH YOUR EXPERIENCE AS A CORREC-

TIONAL OFFICER, IF YOU HAD GONE BACK IN

LATER THAT DAY AND NOT FOUND A TOOL -

MR. KIRKLAND: OBJECTION, YOUR HONOR

MS. FULLWOOD: - THAT’S SPECULATIVE.

MR. KIRKLAND: - THAT’S SPECULATIVE

AND HE’S ASKING A HYPOTHETICAL QUESTION.

THE COURT: I SUSTAIN THE OBJECTION.

MR. CHASE: HOW OFTEN - HOW LONG

HAVE YOU BEEN A CORRECTIONAL OFFICER?

A TWO YEARS.

Q AS A PART OF YOUR DUTIES, DO YOU GO

INTO CELLS AND ACTUALLY DO CHECKS?

A_ YES, SIR.

Q AND WHAT ARE YOU LOOKING FOR?

A WE ARE LOOKING FOR - I MEAN, ANY TYPE

OF CONTRABAND. I MEAN, IT CAN BE ANYTHING

FROM CLOTHES - I MEAN, I'VE FOUND ANYTHING

FROM CLOTHES TO SHANKS.

Q INCLUDING SHANKS. WOULD YOU ALSO - IF

YOU SAW SIGNS THAT THERE HAD BEEN ANY SORT

OF SCRAPPING [sic] BEING DONE ON THE WALL,

WOULD YOU ACTUALLY BE LOOKING FOR A TOOL?

A YES, SIR.

Q AND IS THAT A PART OF YOUR DUTIES?

A_ YES, SIR.

[1679] Q AND ACTUALLY - HAVE YOU ACTU-

ALLY DONE THAT IN THE PAST?

A YES, SIR.

Q_ IN FACT, HAVE YOU EVER HAD AN INMATE;

FOR EXAMPLE, THAT WOULD HAVE HAD A TATTOO

DONE? HAVE YOU EVER CHECKED -

A YES, SIR.

Q - BACK IN THE CELL TO TRY TO FIND IF

THEY HAD A TOOL THAT WOULD HAVE BEEN USED

FOR THAT?

A_ YES, SIR.

Q DO YOU ALWAYS FIND THE TOOL?

A NO, SIR.

Q AND YOU HAVE DONE THAT OVER THE

COURSE OF TWO YEARS?

A YES, SIR.

Q BASED ON YOUR EXPERIENCE IN DOING

THOSE SEARCHES, DOES THE FACT THAT YOU

DON’T FIND A TOOL IN THERE SHOW THAT IT

WASN’T DONE BY THE PEOPLE WHO WERE IN THAT

CELL?

A NO, SIR.

[1692] JACKIE D. GRANGER - DIRECT

BY MR. CHASE

JACKIE D. GRANGER,

FIRST BEING DULY SWORN, TESTIFIED AS FOLLOWS:

THE CLERK: STATE YOUR FULL NAME AND

SPELL YOUR LAST NAME, SIR.

THE WITNESS: MY NAME IS JACKIE D.

GRANGER. I SPELL MY LAST NAME G-R-A-N-G-E-R.

DIRECT EXAMINATION

BY MR. CHASE:

Q OFFICER GRANGER, WHERE ARE YOU

EMPLOYED?

A LEXINGTON COUNTY DETENTION CENTER,

SIR.

Q WHAT ARE YOUR DUTIES THERE?

A MASTER CORRECTIONAL OFFICER.

[1693] Q WHAT ARE THE DUTIES OF A MASTER

CORRECTIONAL OFFICER?

A THE DUTIES OF A MASTER CORRECTIONAL

OFFICER IS YOU ARE IN CHARGE OF THE BOOKING

AREA. YOU ARE IN CHARGE OF EVERYTHING THAT

GOES ON IN THE BOOKING AREA TO INCLUDE

RECEIVING THE INMATES, YOU KNOW, AND PRE-

PARE FOR COURT, BOND COURT THE NEXT MORN-

ING, HOUSING THEM AND IF THEY NEED MEDICAL

ATTENTION, IMMEDIATE MEDICAL ATTENTION,

YOU MAKE SURE THAT IS TAKEN CARE OF AT THAT

TIME, TOO, AND YOU MAKE SURE THEY GET THEIR

PHONE CALLS.

Q DO YOU ALSO HAVE ANY ADDITIONAL SUP-

PORT DUTIES AS MASTER CORRECTIONAL OFFICER?

A YES, SIR, I DO. 1 AM ON CALL AS THE ASSIS-

TANT TO THE SHIFT SERGEANT WHEN AND WHER-

EVER NEEDED IN THE WHOLE FACILITY.

Q AND HOW LONG HAVE YOU BEEN

EMPLOYED OVER AT THE DETENTION CENTER?

A FOUR AND ONE-HALF YEARS, SIR.

Q WHAT EXPERIENCE DO YOU HAVE PRIOR TO

THAT?

A MILITARY OVER 24 YEARS.

Q AND WHAT BRANCH?

A ARMY.

Q NOW, IN YOUR DUTIES OVER AT THE DETEN-

TION CENTER, HAVE YOU EVER HAD CONTACT

WITH THE INMATES?

A_ YES, SIR.

Q AS A PART OF YOUR CONTACT WITH THE

INMATES, HAVE YOU [1694] EVER PERFORMED CELL

CHECKS?

A PERIODICALLY, SIR. WE DO CELL CHECKS

ALMOST ON A MONTHLY BASIS.

Q NOW, ARE THERE DIFFERENT TYPES OF CELL

CHECKS THAT CORRECTIONAL OFFICERS WOULD

DO ON A DAILY BASIS -

A YES, SIR -

Q - VERSUS A SHAKEDOWN?

A A SHAKEDOWN IS CONDUCTED PERI-

ODICALLY. BASICALLY ONCE A MONTH WE TRY TO

DO A SHAKEDOWN OF EVERY CELL IN THE FACIL-

ITY. IT DOES NOT ALWAYS HAPPEN DUE TO MAN-

POWER SHORTAGE, BUT WE TRY TO.

Q WHAT’S INVOLVED IN A SHAKEDOWN?

A WHEN YOU GO INTO - TO DO A SHAKE-

DOWN, YOU ARE LOOKING FOR ANY OBJECT THAT

IS NOT AUTHORIZED BY JAIL POLICY. WHEN YOU

WALK INTO - FIRST OF ALL, YOU OPEN THE DOOR.

YOU ASK THE INMATES TO STEP OUT INTO THE

HALLWAY. THE INMATES STEP OUT IN THE HALL-

WAY. YOU PAT THEM DOWN, MAKE SURE THEY ARE

NOT CONCEALING NOTHING ON THEIR PERSON

AND THE WAY I CONDUCT A CELL SHAKE MYSELF

IS I FIND MYSELF A STARTING POINT AND I START

AT THAT POINT AND I WORK MY WAY COMPLETELY

AROUND THE ROOM, BACK TO MY STARTING POINT.

THAT WAY I ASSURE MYSELF I DON’T MISS ANY-

THING OUT OF THE ORDINARY.

Q WHAT ARE YOU CHECKING WHEN YOU ARE

DOING THAT?

A CONTRABAND, ANYTHING THAT MIGHT -

ANY PLACE THAT [1695] MIGHT HAVE BEEN TAM-

PERED ALONG THE WALL FOR POSSIBLE ESCAPE

REASONS, SHANKS. LIKE I SAID BEFORE, ANY MATE-

RIAL, OBJECT THAT IS NOT AUTHORIZED BY JAIL

POLICY.

Q OFFICER GRANGER, WERE YOU INVOLVED IN

A SHAKEDOWN ON AUGUST THE 19TH OF THIS

YEAR? LAST MONTH?

A_ YES, I WAS.

Q WHERE WAS THAT?

A WHEN WAS THAT?

Q WHERE WAS THAT? WHAT CELL?

A 3-A-7. FLOOR THREE - EXCUSE ME, FLOOR

THREE CELL A-7.

Q AND WHAT INFORMATION DID YOU HAVE

AT THAT TIME THAT LED YOU TO GO TO THE

SHAKEDOWN?

A WE WERE INFORMED BY THE - OUR OFFICER

THAT THE OFFICER HE RELIEVED HAD SAID THAT

THERE WAS POSSIBLE TAMPERING BEING DONE IN

3-A-7. \

Q NOW, BASED ON THAT, WHAT DID YOU DO

AND WHO DID YOU DO IT WITH?

A WE HELD OFF CHECKING THE CELL UNTIL

AFTER LOCKDOWN WHICH WAS -

Q WHY WAS THAT?

A WE DO THAT FOR SAFETY REASON FOR US

AND OTHER INMATES THAT MIGHT BE WANDERING

IN THE ARAE DURING REC TIMES.

Q WHY DOES THAT INCREASE YOUR SAFETY?

A BECAUSE WE - IT INCREASES OUR SAFETY

BECAUSE YOU CAN [1696] PAY MORE ATTENTION TO

WHAT YOU ARE DOING AND NOT WORRY ABOUT

OTHER INMATES BEING IN THE DAYROOM OR

WHEREVER TRYING TO DISTRACT YOUR ATTEN-

TION.

Q AND IF YOU COULD EXPLAIN TO THE JURY

WHAT EXACTLY LOCKDOWN IS?

A LOCKDOWN IS CONDUCTED AT ELEVEN-

THIRTY EVERY NIGHT AND WHAT WE DO AT LOCK-

DOWN, WE MAKE SURE THAT EVERY INMATE IS

SECURED IN HIS CELL AND AFTER EVERY INMATE IS

CONCEALED IN THEIR CELL, THE FLOOR OFFICER

WILL DO A COMPLETE HEAD COUNT AND DURING

HIS HEAD COUNT, HE MUST SEE FLESH. WHETHER

IT’S JUST A HAND OR WHATEVER, BUT HE HAS TO

SEE FLESH. HE TAKES HIS ROSTER WITH HIM AND

HE GOES DOWN HIS ROSTER. HE GOES LIKE SAY,

FOR INSTANCE 3-A-1 AND THE ROSTER SAYS HE’S

GOT THREE PEOPLE IN THERE. HE MAKES SURE HE’S

GOT THREE PEOPLE IN THAT CELL AND HE DOES

THAT CELL TO CELL UNTIL HE’S COMPLETELY

DONE AND THEN HE CONFIRMS HIS COUNT

THROUGH THE BOOKING OFFICER.

Q WHEN INMATES ARE NOT ON LOCKDOWN,

DO THEY HAVE FREE MOVEMENT ALONG THE

WINGS?

A THEY HAVE FREE MOVEMENT ALONG THE

WING THAT THEY COME OUT OF AND THE DAY-

ROOM.

Q SO YOU ARE SAYING THAT WHEN YOU LOCK

THEM DOWN, THERE WOULD BE NO ONE MOVING

ON THAT WING EXCEPT FOR CORRECTIONAL OFFI-

CERS?

A THAT’S CORRECT.

[1697] Q ALL THE INMATES WOULD BE IN

THEIR CELLS?

A THAT’S CORRECT.

Q AND THAT WOULD INCREASE YOUR SAFETY

IN PERFORMING A SHAKEDOWN?

A THAT IS CORRECT.

Q NOW, YOU SAID THAT WHEN YOU GO IN ON

A SHAKEDOWN, WHAT DO YOU DO?

A WHEN I CONDUCT A SHAKEDOWN, WE

OPEN THE DOOR. WE ASK THE INMATES TO STEP

OUT IN THE HALLWAY.

Q NOW, WHEN THE INMATES STEP OUT IN THE

HALLWAY, WOULD THERE BE ANY OTHER INMATES

WITH THEM?

A NO, SIR. JUST THE ONES IN THAT PARTICU-

LAR ROOM.

Q AND WHEN YOU WENT TO SHAKEDOWN

THE CELL ON THE THIRD FLOOR, A WING, 7 CELL,

WHO WAS IN THAT ROOM? WAS WILLIAM ARTHUR

KELLY IN THAT ROOM?

AYES, SIR.

Q WERE THERE ANY OTHER INMATES?

A TWO OTHER INMATES IN.

Q WHAT DID YOU DO WITH THEM WHEN YOU

WENT IN THERE?

A FIRST OF ALL, WE ASKED THE INMATES TO

STEP OUTSIDE. THEY COMPLIED WITH THE ORDER.

THE INMATES WERE PATTED DOWN TO ENSURE

THEY WERE NOT - HAVE ANY TYPE OF CONTRA-

BAND ON THEIR BODY, ON THEIR PERSON.

Q WAS WILLIAM ARTHUR KELLY PATTED

DOWN?

A YES, SIR, HE WAS

Q WAS ANYTHING FOUND ON HIM?

A NO, SIR.

Q WAS ANYTHING FOUND ON THE OTHER

TWO INMATES?

A NO, SIR.

Q WHAT DID YOU DO ONCE YOU HAD PATTED

DOWN THOSE INMATES?

A SAY THAT AGAIN, PLEASE?

Q WHAT DID YOU DO ONCE YOU HAD FIN-

ISHED PATTING DOWN THE INMATES?

A ONE OFFICER REMAINED IN THE HALLWAY

WITH THE INMATES TO OBSERVE THEIR - EXCUSE

ME, TO OBSERVE THEM. MYSELF AND ANOTHER

OFFICER WENT INTO THE ROOM AND BEGIN TO DO

A SEARCH OF THE CELL.

Q AND THIS IS A VERY THOROUGH SEARCH?

A THOROUGH SEARCH, YES, SIR.

Q WHAT DID YOU FIND WHEN YOU WERE IN

THERE?

A WE FOUND ABOVE THE SECOND BUNK, TOP

BUNK, SECOND BRICK TO THE RIGHT, THE FIRST

BRICK DOWN FROM THE CEILING WHERE IT HAD

BEEN TAMPERED WITH AND MORTAR HAD BEEN

REMOVED AND TOILET PAPER HAD BEEN MOLDED

AROUND THE BRICK TO APPEAR LIKE THE MORTAR

WAS STILL THERE. HOWEVER, IT HAD BEEN COL-

ORED GRAYISH-BLUE COLOR AND THAT WAS

BROUGHT TO OUR ATTENTION IMMEDIATELY.

Q TELL ME WHAT CONDITION WAS THIS TIS-

SUE PAPER IN WHEN YOU ACTUALLY - WHEN YOU

ACTUALLY FELT IT?

[1699] A WHEN WE REMOVED IT, IT WAS DRY,

SIR.

Q WHAT SHAPE WAS IT IN?

A_ IT WAS - IT WAS IN A SHAPE OF JUST LIKE A

MORTAR THAT WOULD ACTUALLY GO AROUND A

BRICK. IT WAS IN THAT SHAPE.

Q COULD IT HAVE BEEN REMOVED AND THEN

PUT BACK IN AND RETAINED ITS SHAPE?

A YES, SIR. IT COULD BE REMOVED AND PUT

BACK IN JUST LIKE A PUZZLE PUT TOGETHER.

Q DID YOU, IN FACT, REMOVE THAT TISSUE

FROM AROUND THAT CINDER BLOCK?

A NOT ME MYSELF, SIR. I OBSERVED IT BEING

REMOVED.

Q IT WAS DONE IN YOUR PRESENCE?

A_ YES, SIR.

Q ASK IF YOU CAN IDENTIFY THIS?

A YES, SIR. THAT’S THE TISSUE PAPER THAT

WAS REMOVED FROM AROUND THE BLOCK.

Q THAT NIGHT, AUGUST THE 19TH OF 1998?

A_ YES, SIR.

Q FROM CELL 3-A-7?

A 3-A-7, YES, SIR.

THE CELL THAT WILLIAM ARTHUR KELLY

WAS IN?

A THAT IS CORRECT.

Q AT THIS TIME, YOUR HONOR, WE WOULD

MOVE THIS INTO EVIDENCE.

[1709] THE COURT: ANY OBJECTION?

MR. KIRKLAND: YOUR HONOR, WE WOULD

OBJECT, BASED ON THE SAME REASON WE OBJEC-

TED TO THIS LINE OF TESTIMONY.

THE COURT: OBJECTION IS OVERRULED. IT

WILL BE ADMITTED AS STATE’S NUMBER 66.

MR. CHASE: THANK YOU, YOUR HONOR.

(WHEREUPON, STATE’S EXHIBIT

NUMBER 66, ENVELOPE/TISSUE, ENTERED INTO EVI-

DENCE AT THIS TIME OVER OBJECTION OF COUN-

SEL.)

MR. CHASE: OFFICER GRANGER, WOULD

YOU PLEASE STEP DOWN, HERE?

THE WITNESS: YES, SIR.

Q NOW, IF YOU WOULD, PLEASE, TAKE OUT A

PIECE OF WHAT YOU DISCOVERED WAS AROUND

THAT CINDER BLOCK THAT NIGHT AND SHOW THE

JURY EXACTLY WHAT YOU ARE TALKING ABOUT?

A THIS IS TISSUE PAPER AND IT’S MADE TO

LOOK LIKE MOLDING THAT WOULD GO AROUND

THE CINDER BLOCK. AND WHEN IT’S PLACED UP

ON THE WALL, IT WOULD APPEAR TO BE - IT

WOULD FIT PERFECTLY INTO THE CRACK WHERE

THE ORIGINAL MOLDING WAS - OR MORTAR.

Q WHAT ARE THE MARKINGS - WHAT’S THE

MARKING ON THIS SIDE VERSUS ON THIS SIDE?

A THE COLORATION ON THE FRONT SIDE

WOULD BE TO - TO TRY TO MAKE THIS APPEAR LIKE

IT WAS THE MORTAR.

Q IN YOUR EXPERIENCE, HAVE YOU EVER SEEN

- HAVE YOU [1701] EVER FOUND INMATES TO WRITE

ON THE WALLS?

A_ YES, SIR.

Q HAVE A SEAT.

A (WITNESS COMPLIES).

Q OFFICER GRANGER, ONCE YOU HAD

REMOVED THIS TISSUE THAT HAD REPLACED THE

MORTAR AROUND THAT CINDER BLOCK IN 3-A-7,

WHAT DID YOU FIND?

A WE FOUND THAT THE MORTAR THAT HAD

BEEN REMOVED AND HAD BEEN COMPLETELY

GOUGED OUT TO APPROXIMATELY THE DEPTH OF

FOUR TO FIVE INCHES ON ONE SIDE AND HAD

BEEN GOUGED OUT QUITE A BIT ALL THE WAY

AROUND THE BLOCK.

Q NOW, THE MORTAR THAT SURROUNDS

THOSE CINDER BLOCKS CAN THAT BE REMOVED

WITH A FINGER?

A NO, SIR, I DON’T THINK SO.

Q IN YOUR OPINION, WOULD A TOOL HAD TO

BE USED?

A YES, SIR, I THINK SO.

Q TO DO THE DAMAGE THAT WAS DONE IN

THIS CASE?

A YES, SIR.

Q ASK YOU, OFFICER GRANGER, CAN YOU

IDENTIFY THESE PHOTOS?

Q YES, SIR. YES, SIR, I CAN.

Q WHAT ARE THOSE?

A THOSE ARE THE PHOTOS WE TOOK THE

NIGHT OF THE INCIDENT OF THE CINDER BLOCK.

Q AND THIS IS AFTER THE TISSUE HAD BEEN

REMOVED OR [1702] BEFORE?

A AFTER, SIR.

Q AND THIS IS THE CONDITION THAT YOU

FOUND IT THAT NIGHT?

A YES, SIR.

Q NOW, OBVIOUSLY, THESE PHOTOS WERE

TAKEN LATER. IS IT STILL IN THE SAME CONDI-

TION?

A YES, SIR.

Q DOES THAT FAIRLY AND ACCURATELY

DEPICT -

A YES, SIR.

Q - HOW IT LOOKED THAT NIGHT?

A_ YES, SIR.

Q YOUR HONOR, AT THIS TIME, WE WOULD

MOVE THESE INTO EVIDENCE.

MR. KIRKLAND: OBJECTION ON THE SAME

GROUNDS AS THIS LINE OF TESTIMONY.

THE COURT: OBJECTION IS OVERRULED. IT

WILL BE ADMITTED AS STATE’S 67 AND 68.

MR. CHASE: THANK YOU, YOUR HONOR.

(WHEREUPON, STATE’S EXHIBIT NUMBER 67

AND 68, PHOTOGRAPHS, ENTERED INTO EVIDENCE

AT THIS TIME OVER OBJECTION OF COUNSEL.)

MR. CHASE: OFFICER GRANGER, IF YOU

COULD, STEP DOWN ONE MORE TIME.

THE WITNESS: YES, SIR.

[1703] Q AND FIRST, ON THIS END, IF YOU

WOULD PLEASE DESCRIBE WHERE THAT IS IN THE

CELL AND EXPLAIN WHAT IT DEPICTS AND

EXPLAIN WHAT YOU FOUND. MAKE SURE THE

JURORS CAN SEE YOU AS YOU POINT THAT OUT.

A OKAY. AS YOU WALL THROUGH THE CELL,

THIS WOULD BE THE BACK OF THE CEi.L. THIS

WOULD BE THE LEFT-HAND CORNER. THIS WOULD

BE THE SECOND BLOCK TO THE RIGHT, THE FIRST

BLOCK DOWN FROM THE CEILING. AND THE DIS-

COLORATION HERE IS WHERE THE MORTAR WAS

GOUGED OUT.

Q NOW, WHAT DOES THIS PICTURE DEPICT

ALONG THESE JOINTS HERE BETWEEN THESE CIN-

DER BLOCKS?

100

A_ IT LOOKS LIKE POSSIBLE MILDEW AND MOR-

TAR.

Q STEP DOWN HERE AND SHOW THIS END OF

THE JURY BOX.

A_ YES, SIR.

THIS HERE PICTURE DEPICTS THE BACK OF THE

CELL. THIS WOULD BE THE LEFT-HAND CORNER,

THIS WOULD BE THE SECOND BLOCK TO YOUR

RIGHT, THE FIRST BLOCK FROM THE CEILING. AND

THE DISCOLORATION IS WHERE THE MORTAR WAS

REMOVED.

Q NOW, REFERRING TO THE STATE’S EXHIBIT

NUMBER 67, IS THAT A CLOSER VIEW OF WHAT - OF

THE DAMAGE THAT WAS DONE AROUND THAT CIN-

DER BLOCK?

A_ YES, SIR.

Q PLEASE DESCRIBE TO THE JURY WHAT YOU

FOUND THERE?

A OKAY. ON THIS SIDE HERE (INDICATES), THE

BLOCK WAS [1704] GOUGED IN ABOUT - I WOULD

SAY AROUND FOUR OR FIVE INCHES.

Q STEP DOWN AND GIVE THE OTHER JURORS

AN OPPORTUNITY TO SEE THAT.

A_ YES, SIR.

THIS IS ON THE SIDE HERE WHERE THE GOUGE

WAS AT, FOUR TO FIVE INCHES DEEP.

Q RETURN TO YOUR SEAT, OFFICER GRANGER.

101

A (WITNESS COMPLIES.)

Q ONCE YOU HAD FOUND THAT THE MORTAR

AROUND THIS CINDER BLOCK HAD BEEN

REMOVED, WHAT DID YOU DO?

A I TOOK - I PERSONALLY TOOK ONE INMATE

AT A TIME DOWN TO THE SHOWER AND WE DID A

STRIP SEARCH ON THEM TO MAKE SURE THEY

WERE NOT HIDING THE OBJECT THAT WAS USED TO

GOUGE THE MORTAR OUT BECAUSE WE COULD

NOT FIND IT IN THE ROOM.

Q WERE ALL THREE INMATES SEARCHED?

A ALL THREE INMATES WERE SEARCHED THE

SAME WAY, YES, SIR.

INCLUDING WILLIAM ARTHUR KELLY?

YES, SIR.

WAS ANYTHING FOUND ON HIM?

NO, SIR.

Oo > O - ON

NOW, YOU SAID YOU DID A - CONTINUED

WITH YOUR SEARCH OF THE ROOM?

A YES, SIR. WE CONTINUED TO SEARCH THE

ROOM FOR THE OBJECT AND WHEN THAT WAS NOT

FOUND, WE DID THE OTHER [1705] SEARCH.

Q YOU SAID IT WAS NOT FOUND IN THE

ROOM?

A NO, SIR.

102

Q WERE YOU SURPRISED NOT TO FIND THAT?

A NO, SIR.

JACKIE D. GRANGER -

CROSS BY MR. KIRKLAND

* . *

[1710] Q OKAY. LET ME ASK YOU A COUPLE OF

THINGS. HOW LONG HAVE YOU BEEN IN CORREC-

TIONS?

A FOUR AND A HALF YEARS, SIR.

Q AND YOU’VE BEEN AT LEXINGTON THE

WHOLE TIME?

A YES, SIR.

Q SO YOU HAVE DEALT WITH INMATES WHEN

THEY COME IN AND PLACED THEM IN CUSTODY

AND THIS SORT OF THINGS?

A THAT’S CORRECT.

Q IS IT UNUSUAL FOR AN INMATE TO BE LOUD

OR USE PROFANITY?

A UH- THERE ARE SOME THAT DO. THERE ARE

SOME THAT DON’T.

Q WELL, I MEAN, IT’S NOT UNCOMMON, IS IT?

A NO, SIR.

103

Q I MEAN, WE ARE NOT TALKING ABOUT THE

BEST PEOPLE IN SOCIETY ARE IN JAIL, ARE WE?

A THAT’S CORRECT.

[1711] FELIX E. WILLIAMS -

DIRECT BY MR. CHASE

* * *

FELIX E. WILLIAMS,

FIRST BEING DULY SWORN, TESTIFIED AS FOLLOWS:

THE CLERK: STATE YOUR FULL NAME FOR

THE RECORD. THE WITNESS: MY FULL NAME IS

FELIX E. WILLIAMS, W-I-L-L-I-A-M-S.

DIRECT EXAMINATION

BY MR. CHASE:

Q CAPTAIN WILLIAM, WHERE DO YOU WORK?

A AT THE LEXINGTON COUNTY DETENTION

CENTER.

Q WHAT POSITION DO YOU HOLD THERE?

A I’M THE JAIL ADMINISTRATOR.

Q WHAT DOES THE JAIL ADMINISTRATOR DO?

A BASICALLY, I OVERSEE THE DAILY OPERA-

TIONS OF THE JAIL. WE HAVE FOUR SHIFTS AND MY

BASIC FUNCTION IS TO MAKE SURE THAT EVERY-

THING RUNS AS SMOOTH AS POSSIBLE.

104

[1712] Q HOW LONG HAVE YOU BEEN

EMPLOYED AS THE ADMINISTRATOR?

A A LITTLE OVER A YEAR.

Q AND HOW LONG HAVE YOU BEEN

EMPLOYED AT THE DETENTION CENTER?

A JUST ABOUT FIVE YEARS.

Q WHAT DID YOU DO PRIOR TO THAT TIME

THAT YOU’VE BEEN HOLDING THE POSITION OF

THE JAIL ADMINISTRATOR?

A_ 1 WAS A SHIFT SERGEANT. PRIOR TO THAT, I

WAS A MASTER CORRECTIONAL OFFICER AND

PRIOR TO THAT, I WAS A CORRECTIONAL OFFICER.

Q AS A SHIFT SERGEANT, WHAT WERE YOUR

DUTIES?

A AS A SHIFT SERGEANT, BASICALLY I WAS

RESPONSIBLE FOR THE SHIFT, NORMALLY AROUND

TWELVE OR THIRTEEN PEOPLE, THE SAFETY AND

SECURITY OF APPROXIMATELY ANYWHERE

BETWEEN FOUR AND FIVE HUNDRED INMATES.

Q AND WHAT WERE YOUR DUTIES AS A MAS-

TER CORRECTIONAL OFFICER?

A I OPERATED IN THE BOOKING AREA WHICH

BASICALLY RECEIVES AND DISCHARGES THE

INMATES AS WELL AS YOU ARE THE BACKUP FOR

THE SERGEANT OF THE SHIFT.

Q AND WHAT WERE YOUR DUTIES AS A COR-

RECTIONAL OFFICER?

105

A BASICALLY, THE SAFETY AND SECURITY OF

THE INMATES ASSIGNED TO THE FLOOR, THE

ANNEX OR THE BOOKING AREA.

Q YOU’VE HELD JUST ABOUT EVERY POSITION

AT THE LEXINGTON DETENTION CENTER THAT YOU

CAN HOLD?

[1713] A YES, SIR, 1 HAVE.

Q I ASK YOU, AS A PART OF YOU [SIC] DUTIES

AS THE JAIL ADMINISTRATOR, WERE YOU

INVOLVED IN THE INVESTIGATION OF AN

ATTEMPTED ESCAPE IN CELL 3-A-7?

A YES, SIR, I WAS.

Q CAN YOU PLEASE DESCRIBE WHAT WAS

FOUND IN THAT CELL THAT INDICATED THERE WAS

AN ATTEMPT TO ESCAPE?

A WELL, I ALWAYS GET THE REPORTS FIRST

THING IN THE MORNING. IT’S LISTED ON OUR

VOICE MAIL IN THE EVENINGS AND THEN IN THE

MORNINGS, WE COME IN AND THE REPORTS ARE

WRITTEN UP FOR US TO READ AND GO THROUGH.

THAT MORNING I CAME ON ON THE 20TH, HAD

BEEN TOLD OF TWO POSSIBLE ESCAPES THAT

NIGHT. THERE WERE TWO FINDINGS. ONE ON

THIRD FLOOR AND ONE ON FIRST FLOOR THAT

THEY WENT LOOKING FOR. READ THE BASIC

WHOLE PAPERWORK, DECIDED TO TALK TO THE

INMATES INVOLVED OF WHICH I DID. INTERVIEWED

ALL THREE OF THE PEOPLE IN THE CELL WHICH

WAS MR. KELLY, MR. METTS AND MR. BLACK. I

MADE A DETERMINATION THAT THERE HAD BEEN

106

AN ACTUAL ATTEMPT TO GET OUT OF THE JAIL

AND AT THAT TIME, I PROCEEDED WITH CHARGING

THEM WITH ATTEMPTED ESCAPE, MALICIOUS

INJURY TO JAIL AND CONSPIRACY.

Q DID YOU ACTUALLY GO INTO CELL 3-A-7

THAT NIGHT?

A NOT THAT NIGHT. THE NEXT MORNING I

DID.

Q WHAT DID YOU FIND IN THAT CELL?

A BASICALLY, ON THAT END OF THE JAIL,

WHICH IS THE A [1714] WING, THERE’S BEEN SOME

SETTLEMENT AND THERE ARE SOME BLOCKS THAT

ARE CRACKED ALONG THE MORTAR AREAS LIKE

YOU WOULD FIND IN ANY OTHER NORMAL CON-

CRETE BLOCK STRUCTURE. WHAT THEY - WHAT

PEOPLE HAD DONE, HAD TAKEN AROUND THAT

BLOCK AND CHISELED OUT THE MORTAR IN ORDER

TO TRY TO BREAK OPEN A HOLE. THAT HOLE

WOULD HAVE BEEN APPROXIMATELY EIGHT

INCHES BY SIXTEEN INCHES.

Q WHAT WAS THE CONDITION - HOW WAS

THAT TISSUE ATTEMPTED TO BE CONCEALED?

A THIS TISSUE WAS USED TO BASICALLY CON-

CEAL WHERE MORTAR HAD BEEN TAKEN OUT

AROUND THE BLOCK?

A_ TISSUE IS A COMMON THING TO USE TO TRY

TO HIDE THESE ATTEMPTED ESCAPES.

Q OFFICER WILLIAMS OR CHIEF WILLIAMS,

DID YOU GO BACK INTO THAT CELL AND TAKE

107

MEASUREMENTS OF THE MORTAR THAT HAD BEEN

REMOVED? -

A YES, I HAVE BEEN BACK IN THAT CELL

MANY TIMES.

Q_IN FACT, DID YOU TAKE MEASUREMENTS OF

THE DEPTH THAT THE DIGGING HAD GONE TO?

A YES, I DID. I TAKE - I TOOK BASICALLY AN

EXTENDABLE RULER, PLACED IT INTO THE HOLE

AND THEN TOOK PICTURES OF THAT.

Q AND YOU DID THAT YOURSELF?

A YES, SIR.

MR. KIRKLAND: OBJECTION, YOUR HONOR.

THIS IS [1715] REPETITIVE. THERE’S BEEN TESTI-

MONY TO THE DEPTH.

THE COURT: OVERRULED.

MR. CHASE: DID YOU TAKE PHOTOGRAPHS

OF THAT?

THE WITNESS: YES, I - WELL, I DID NOT

TAKE THE PHOTOGRAPHS. I HAD THEM TAKEN.

Q AND YOU WERE ACTUALLY HOLDING THE

RULER?

A YES.

Q ASK, CAN YOU IDENTIFY THESE?

A YES, THESE ARE 3-A-7. THIS IS BRICKS -

Q CAN YOU IDENTIFY WHAT IS IN THOSE PHO-

TOGRAPHS?

108

A BASICALLY, THE DEPTHS OF THE CHISELL-

ING AROUND THE BLOCKS AS THE RULER SHOWS.

IN SOME PLACES, IT’S UP TO FIVE INCHES DEEP.

Q NOW, ARE THESE THE ACTUAL PHOTO-

GRAPHS THAT WERE TAKEN AS YOU HELD THAT

RULER THAT -

A NO. THE ACTUAL PHOTOGRAPHS ARE HERE.

THOSE ARE BLOWUPS.

Q THESE ARE ENLARGEMENTS OF THOSE PHO-

TOGRAPHS?

A THAT’S CORRECT.

Q DOES IT FAIRLY AND ACCURATELY DEPICT

THE MEASUREMENTS THAT YOU TOOK?

YES, ABSOLUTELY.

FROM CELL 3-A-7?

CORRECT.

Q AT THIS TIME, YOUR HONOR, WE WOULD

MOVE THESE INTO [1716] EVIDENCE.

MR. KIRKLAND: OBJECTION. BASED ON

THE SAME - OBJECTION TO ALL OF THIS TESTI-

MONY.

THE COURT: OBJECTION IS OVERRULED. IT

WILL BE ADMITTED AS STATE’S 69, 70 AND 71.

MR. CHASE: THANK YOU, YOUR HONOR.

(WHEREUPON, STATE’S EXHIBIT NUMBER 69, 70

AND 71, PHOTOGRAPHS, ENTERED INTO EVIDENCE

AT THIS TIME OVER OBJECTION OF COUNSEL.)

> O >

109

MR. CHASE: CAPTAIN WILLIAMS, IF YOU

WOULD - CAPTAIN WILLIAMS, IF YOU WOULD,

PLEASE STEP DOWN.

A (WITNESS COMPLIES.)

Q AND FIRST, REFERRING TO STATE’S EXHIBIT

NUMBER 69, IF YOU COULD STAND DOWN AT THIS

END OF THE JURY BOX AND EXPLAIN EXACTLY

WHAT YOU MEASURED AND WHAT THAT PICTURE

DEPICTS?

A THIS IS BASICALLY THE LOWER RIGHT-

HAND CORNER WITH THE TAPE MEASURE STUCK

INTO THE HOLE. WE WERE ALSO LOOKING FOR THE

WIDTH AS WELL AS THE DEPTH OF HOW SOME-

BODY HAD CHISELLED OUT AND THAT’S BASICALLY

WHAT THAT’S A PICTURE OF.

Q AND EXACTLY - APPROXIMATELY, WHAT IS

THE WIDTH ON -

A HALF AN INCH.

Q IF YOU COULD STEP DOWN HERE.

A OKAY.

[1717] Q GIVE THEM THE SAME OPPORTUNITY

AND EXPLAIN WHAT THAT IS.

A BASICALLY SHOWING ONE HALF OF AN

INCH AS FAR AS WIDTH GOES TO TRY TO CHISEL

AROUND THAT BLOCK.

Q NOW, REFERRING TO STATE’S EXHIBIT

NUMBER 70, COULD YOU PLEASE EXPLAIN WHAT

THAT DEPICTS?

110

A THIS IS SHOWING THE DEPTH OF THE CARV-

ING INSIDE, A PORTION AROUND A NORMAL CON-

CRETE BLOCK AND IT SHOWS FIVE INCHES DEEP.

Q STEP DOWN HERE AND IF YOU CAN

EXPLAIN - AND EXPLAIN WHAT THAT DEPICTS.

A THE SAME THING. WE WERE LOOKING FOR

DEPTH. THE RULER IS INSERTED IN. IT SHOWS FIVE

INCHES DEEP HAS BEEN CARVED AROUND THAT

BLOCK.

Q NOW, REFERRING TO STATE’S EXHIBIT

NUMBER 71, WHAT ANGLE OF THE CELL DOES THIS

DEPICT?

A THAT’S THE UPPER PART. BASICALLY YOU

SEE RIGHT HERE (INDICATES), THIS IS A PART OF

THE LOWER - I GUESS YOU WOULD SAY THE BOT-

TOM RIGHT-HAND CORNER OF THAT BLOCK. THE

SAME THING SHOWING THE DEPTH OF THE PENE-

TRATION THERE TO TRY TO GET AROUND THE

BLOCK.

Q AND WHAT DOES THAT DEPICT THE DEPTH

TO. BE?

A ALMOST SIX INCHES.

Q YOU CAN STEP DOWN HERE. GIVE THE

JURORS ON THIS END THE OPPORTUNITY TO SEE

THAT.

[1718] A THIS IS THE SAME SORT OF PICTURE AS

THE FIRST ONE THAT I SHOWED YOU, SHOWING SIX

- ALMOST SIX INCHES DEEP IN THAT PART OF THE

BLOCK.

111

~Q GO AHEAD AND HAVE YOUR SEAT.

A (WITNESS COMPLIES.)

Q CAPTAIN WILLIAM, COULD YOU BRIEFLY

DESCRIBE WHAT’S INVOLVED IN A SHAKEDOWN?

A YES. BASICALLY, A SHAKEDOWN, WE TRY TO

TAKE AND COVER THE ENTIRE JAIL AT LEAST ONCE

A MONTH, ALL THREE FLOORS, THE ANNEX AND

THE WHOLE ROUTINE TO MAKE SURE THERE’S NO

CONTRABAND IN THE JAIL. AND CONTRABAND

BASICALLY CONSISTS OF ANYTHING AN INMATE IS

NOT SUPPOSED TO HAVE. IT CAN BE ANYTHING

FROM CLOTHING TO A WEAPON, A RAZOR BLADE,

ANY SORT OF A DIGGING TOOL WHICH COULD BE A

DOOR HANDLE. ANYTHING THAT COULD BE BRO-

KEN OFF OF ANYTHING WITHIN THE JAIL AREA

THAT THEY MIGHT HAVE GOTTEN TO, PIECE OF

FENCE FROM THE OUTSIDE WHEN THEY GO ON

OUTSIDE RECREATION. ANY OF THOSE KIND OF

THINGS IS WHAT WE ARE LOOKING FOR.

WHAT HAPPENS IS WE DESIGNATE A FLOOR FOR

OFFICERS TO COME IN. WE BRING OFFICERS IN OFF

SHIFT, PLACE A PERSON IN CHARGE OF THEM AND

THEY GO UPSTAIRS WITH A CART AND THEY START

CELL BY CELL GOING DOWN THROUGH WHERE

THEY TAKE THE INMATES OUT OF THE CELL.

AS M.C.O. GRANGER EXPLAINED, THE INMATES

COME [1719] OUT. THEY ARE BASICALLY PATTED

DOWN TO MAKE SURE THEY DON’T HAVE ANY-

THING ON THEM PERSONALLY. SOMEBODY

WATCHES THEM WHILE THE OTHER CELL IS BEING

112

SEARCHED. EVERYTHING IN THE CELL IS GONE

THROUGH, LOOKED AT UNDERNEATH THE TOILET,

UNDERNEATH THE MATTRESSES, IN THEIR GRAY

PAILS, ANY PLACE AT ALL THAT ANYTHING COULD

BE HIDDEN IN. THE VENTS, WHATEVER. IT’S A

THOROUGH SEARCH JUST TO MAKE SURE THERE IS

NO CONTRABAND IN THAT CELL.

Q ARE RECORDS KEPT THAT ARE KEPT IN

YOUR CUSTODY OF WHEN SHAKEDOWNS ARE

DONE FOR EACH CELL?

A YES, SIR.

Q AND WITH THOSE RECORDS Is IT NOTED

WHETHER THERE WAS ANYTHING WRONG OR ANY-

THING MISSING OR ANY CONTRABAND OR ANY-

THING IN THAT CELL?

A THAT’S CORRECT. THE SUPERVISOR THAT’S

DOING THAT SHAKEDOWN IS REQUIRED TO WRITE

UP A REPORT THAT SAYS WHATEVER HE FOUND. IF

IT WAS TEN EXTRA BLANKETS OR TWO SHANKS OR

WHATEVER HE HAPPENED TO FIND DURING THAT

SHAKEDOWN.

Q NOW, YOU OBVIOUSLY WENT AND INVESTI-

GATED CELL 3-A-7 ON AUGUST THE 19TH OF 1998, A

MONTH AGO?

A THAT’S CORRECT.

Q WHEN HAD CELL 3-A-7 BEEN SHAKEN

DOWN THROUGH THE NORMAL COURSE OF BUSI-

NESS PRIOR TO THAT DAY?

113

A THE LAST ONE THAT WAS DONE FOR THE

ENTIRE FACILITY [1720] WAS ON THE 6TH OF

AUGUST.

Q OF THIS YEAR?

A THAT’S CORRECT.

Q WAS ANYTHING NOTED AS FAR AS ANY

PROBLEMS IN THE CELL?

A NOTHING IN THAT CELL. NOTHING OTHER

THAN JUST NORMAL TYPE OF THINGS, YOU KNOW,

THAT HAD BEEN CONFISCATED.

Q NOW, PRIOR TO AUGUST THE 6TH OF THIS

YEAR, WAS THAT CELL SHAKEN DOWN IN THE NOR-

MAL COURSE OF BUSINESS AT THE DETENTION

CENTER?

A YES, IT WAS.

Q AND WHEN WAS THAT?

A 15 MAY, ‘98.

Q WAS ANYTHING NOTED THERE THAT THERE

WERE PROBLEMS WITH THAT CELL?

A NO, THERE WAS NOT. AND IF SOMETHING IS

NOTED - AS FAR AS, LET’S SAY THERE WAS SOME

CHISELLING GOING ON, THAT’S SORT OF AN IMME-

DIATE NOTIFICATION. THE OFFICER DOING THE

SHAKEDOWN AT NIGHT, YOU KNOW, IF HE JUST

FOUND TEN BLANKETS AND LET’S SAY, SOME

EXTRA SALT OR PEPPER OR SOMETHING LIKE THAT,

THAT’S NOT ANYTHING TO GET DISTURBED OVER.

114

NOW, IF HE FOUND A CUTTING IN THE WALL, I

WOULD HAVE BEEN IMMEDIATELY NOTIFIED.

Q CAPTAIN WILLIAMS, HOW MANY INMATES

WERE IN CELL 3-A-7 WHEN THIS SHOOK DOWN

TOOK PLACE ON AUGUST THE 19TH?

[1721] A THERE ARE THREE.

Q AND HOW LARGE WAS THAT CELL?

A THAT CELL IS EIGHT BY TWELVE FEET.

Q IT’S EIGHT BY TWELVE OR EIGHT BY TEN?

EIGHT BY TWELVE, SIR. EIGHT BY TWELVE,

YES, SIR.

Q NOW, AS A PART OF YOUR PREPARATION

FOR YOUR TESTIMONY HERE TODAY, DID I ASK YOU

TO COME IN THE COURTROOM AND TAKE MEA-

SUREMENTS?

A YES, SIR, YOU DID.

Q IF YOU COULD STEP DOWN?

A (WITNESS COMPLIES.)

Q FROM THE WALL BEHIND THOSE JURORS

OUT TO THIS POINT, ABOUT HOW FAR IS THAT?

ABOUT SEVEN AND A HALF FEET.

SO WHERE WOULD EIGHT FEET BE?

RIGHT ABOUT HERE (INDICATES).

Q AND IF YOU WOULD, TAKE THIS INTO YOUR

HANDS?

> O >

115

A (WITNESS COMPLIES.)

Q AND SHOW THE LENGTH THAT THAT CELL

WOULD BE?

A BE RIGHT HERE (INDICATES).

Q SO THAT WOULD BE THE SIZE OF THE CELL

THAT THOSE THREE INMATES WERE IN?

A YES, SIR, EIGHT BY TWELVE.

Q FROM THIS POINT, THAT’S THE WALL

BEHIND THE JURORS, FROM THIS POINT -

[1722] A TO RIGHT HERE (INDICATES).

Q - DOWN TO RIGHT THERE (INDICATES)?

A THAT’S CORRECT.

Q THANK YOU.

CAPTAIN WILLIAMS, YOU WERE ALSO ASKED TO

RESEARCH IN YOUR RECORDS TO SEE HOW LONG

PRIOR TO AUGUST THE 19TH, 1998, WILLIAM

ARTHUR KELLY HAD BEEN IN CELL 3-A-7?

A_ YES, SIR.

Q WHEN WAS HE ACTUALLY MOVED INTO

THAT CELL?

A MR. KELLY WAS MOVED IN THAT CELL ON

THE 26TH DAY OF APRIL OF ‘98.

Q SOME SIX MONTHS PRIOR ALMOST?

A YES, SIR.

Q IF I COULD ASK YOU THIS. WHEN YOU ARE

AT THE CINDER BLOCK IN CELL 3-A-7 ON THAT

116

REAR WALL WHERE THAT MORTAR HAD BEEN

REMOVED, WHAT’S BEHIND THAT WALL?

A THERE’S A SLIGHT LAYER OF MORTAR AND

THEN A RED TILE THAT BASICALLY COVERS THE

WHOLE BUILDING FROM THE OUTSIDE, A DECORA-

TIVE TILE.

Q HOW FAR IS IT FROM THE INSIDE OF THAT

WALL TO THE EXTERIOR OF THAT RED TILE THAT

YOU HAVE JUST DESCRIBED?

A APPROXIMATELY NINE INCHES. YOUR CON-

CRETE BLOCK IS EIGHT. THERE’S A FINE LAYER OF

MORTAR AND THEN THE RED BRICK IS STUCK TO

THE OUTSIDE OF THAT WHICH IS APPROXIMATELY

AN INCH.

[1723] Q AND APPROXIMATELY HOW FAR WERE

SOME OF THE DIGGINGS ON THE MORTAR IN THIS

CASE?

A SIX INCHES.

Q OVER TWO-THIRDS OF THE WAY THROUGH

THAT WALL?

A YES, SIR.

Q CAPTAIN WILLIAMS, WHAT’S OUTSIDE THAT

WALL? IF YOU REMOVE THAT BRICK OR THAT CIN-

DER BLOCK, WHAT’S ON THE OTHER SIDE OF THAT

WALL?

A THE RECREATIONAL YARD.

Q AND THAT’S IN THE OUT DOOR - YOU ARE

OUTSIDE THAT BUILDING?

117

A YOU ARE OUTSIDE THE BUILDING AT THAT

TIME, YES, SIR.

Q THANK YOU.

[1728] FELIX E. WILLIAMS -

CROSS BY MR. KIRKLAND

* * aa

Q OKAY. SO WE CAN KIND OF REFRESH. AND

YOU WOULD AGREE WITH ME THERE’S SORT OF A

CODE AMONGST INMATES ABOUT TELLING ON

OTHER INMATES, ISN’T THERE?

A THERE IS.

Q AND IF YOU WERE TO TELL ON ANOTHER

INMATE - WELL, LET ME BACK UP A LITTLE BIT. LET

ME SORT OF SEE IF CAN SORT OF PAINT THIS PIC-

TURE. WE ARE TALKING ABOUT THE THIRD FLOOR,

CORRECT?

A THIRD FLOOR.

[1729] Q HOW MANY INMATES ON THAT

FLOOR?

A 102.

Q 102. AND IS IT ABOUT THREE PER CELL,

SOMETIMES MORE?

A THERE IS ALWAYS THREE PER CELL.

Q OKAY. AND IF AN INMATE IN YOUR EXPERI-

ENCE WERE TO TELL ON ANOTHER INMATE FOR

118

SOMETHING THEY WERE DOING, WHAT HAVE YOU

EVER NOTICED HAPPENING TO AN INMATE?

A WE BASICALLY MOVE THAT INMATE MOST

OF THE TIME.

Q AND WHY DO YOU DO THAT?

A TO AVOID A PROBLEM.

Q WHY DO YOU DO THAT?

A TO AVOID A PROBLEM.

AND WHAT KIND OF PROBLEM ARE WE TALK-

ING ABOUT?

A BUT IT DOES HAPPEN. THE INMATE MAY BE

HURT. ANY NUMBER OF THINGS THAT CAN HAP-

PEN. HE MAY BE CHASTISED, BUT THAT’S - YOU

KNOW, THAT HAPPENS QUITE OFTEN.

Q SO INMATES BASICALLY KNOW IF THEY

WANT TO STAY IN GOOD GRACES, THEY KEEP THEIR

MOUTHS SHUT, DON’T THEY?

A NO, I WOULD DISAGREE WITH THAT.

Q THEY WANT TO STAY IN GOOD GRACES

WITH THE OTHER INMATES?

A I'D STILL DISAGREE WITH THAT. I HAVE

INMATES THAT WRITE ME, TALK TO ME, AS WELL AS

TO MY OFFICERS ALL THE TIME ABOUT A PROBLEM.

AS A MATTER OF FACT, THE LAST ESCAPE

ATTEMPT WAS [1730] BROUGHT TO OUR ATTENTION

BY ANOTHER INMATE.

119

Q NOW - AND THAT MAY - I BELIEVE YOU

THAT SOME INMATES DO COMMUNICATE WITH

YOU, BUT YOU STILL WOULD AGREE THAT IF AN

INMATE DOES BRING SOMETHING OR RATS

ANOTHER INMATE OUT, THERE COULD BE RETRIBU-

TION IN THAT?

A THERE COULD BE.

Q_ IT’S NOT UNCOMMON?

A YES, THERE COULD BE?

[1733] MATTHEW MCCORMACK -

DIRECT BY MR. HUMPHRIES

* . *

THE WITNESS: MY NAME IS MATTHEW

MCCORMACK. LAST NAME M-C-C-O-R-M-A-C-K.

DIRECT EXAMINATION

BY MR. HUMPHRIES:

Q MR. MCCORMACK, I THINK YOU’RE FIND IF

YOU KEEP YOUR VOICE UP, BUT STAY SEATED BACK,

THIS JURY WILL BE ABLE TO HEAR YOU. YOU JUST

NEED TO KEEP YOUR VOICE UP.

A ALL RIGHT.

Q MR. MCCORMACK, YOU ARE WEARING AN

ORANGE JUMPSUIT. WHERE DO YOU PRESENTLY

RESIDE?

120

A RIGHT NOW I’M AT THE LEXINGTON

COUNTY DETENTION CENTER.

Q WHERE IS YOUR MORE PERMANENT RESI-

DENCE?

A I’M AT A FEDERAL INSTITUTION IN

PETERSBURG, VIRGINIA.

Q ARE YOU PRESENTLY SERVING A FEDERAL

SENTENCE IN THAT INSTITUTION?

A YES, SIR.

Q DO YOU HAVE ANY PENDING CHARGES,

EITHER STATE OR [1734] FEDERAL, TO YOUR

KNOWLEDGE?

A NO, SIR.

Q YOUR PRESENCE HERE TODAY, WAS IT VOL-

UNTARY?

A YS.

Q WERE YOU BROUGHT HERE BY A FEDERAL

WRIT TO TESTIFY?

A YES.

Q LET’S DISCUSS THIS. IN RETURN FOR YOUR

TESTIMONY TODAY, WHAT, IF ANYTHING, HAS THE

ELEVENTH CIRCUIT SOLICITOR’S OFFICE OR ANY

AGENCY, LAW ENFORCEMENT AGENCY IN THE

JURISDICTION PROMISED YOU FOR YOUR TESTI-

MONY?

A I HAVE RECEIVED NO PROMISES.

er ae ee ae Se Pee eee ee Oe een Y

ra PE EET AT PO Tn ae

121

Q WHAT INSTRUCTIONS HAVE YOU RECEIVED

FROM THIS OFFICE REGARDING YOUR TESTIMONY

TODAY?

A BASICALLY, TO TELL ABOUT MY CORRE-

SPONDENCE WITH MR. KELLY.

Q MR. MCCORMACK, DID YOU HAVE AN

OCCASION TO BE HOUSED OR CELLED WITH THE

DEFENDANT, WILLIAM ARTHUR KELLY, IN THE LEX-

INGTON COUNTY DETENTION CENTER?

A YES, SIR.

Q AND FOR A PERIOD OF APPROXIMATELY

HOW LONG?

A IT WAS ON TWO SEPARATE OCCASIONS.

APPROXIMATELY SIX MONTHS ALTOGETHER.

Q NOW, WE HAVE HAD PREVIOUS TESTIMONY

REGARDING THE CELLS, THEIR APPROXIMATE

DIMENSIONS. ARE THESE LARGE CELLS OR SMALL

CELLS?

[1735] A FAIRLY SMALL. I GUESS SIX BY NINE.

Q YOUR RELATIONSHIP THEN WITH MR.

KELLY, IT WAS - YOU ARE PRETTY CLOSE IN PHYSI-

CAL PROXIMITY, HOW DID YOU GET ALONG OTHER-

WISE?

A PRETTY GOOD, PRETTY GOOD.

Q DID YOU AND THE DEFENDANT KELLY

ENGAGE IN CONVERSATION ON A REGULAR BASIS?

A YES.

122

Q DID YOU HAVE A LOT OF OPPORTUNITY TO

DO THAT? 3

A YES.

Q DID THERE COME A TIME OR A NUMBER OF

TIMES THAT THE DEFENDANT KELLY TALKED TO

YOU ABOUT HIS PENDING CHARGES OR THEY WERE

PENDING AT THAT TIME?

A_ YES, SIR.

Q MR. MCCORMACK, TELL THIS JURY WHAT

WILLIAM ARTHUR KELLY TOLD YOU REGARDING

THE INCIDENT ON MAY 5TH 1996; THAT IS, THE

STABBING AND KILLING OF SHIRLEY SHEALY?

A OKAY. WELL, FIRST OF ALL, HE - MR. KELLY

TOLD ME THAT HE HAD WORKED SOMETIME AT

KENTUCKY FRIED CHICKEN AND -

MR. KIRKLAND: COULD WE ASK HIM TO

SPEAK UP, PLEASE?

THE COURT: IF YOU WOULD, SPEAK UP

JUST A LITTLE BIT, PLEASE. IF YOU’LL JUST SPEAK IN

A LOUDER VOICE, THE MICROPHONE WILL PICK

YOU UP.

[1736] THE WITNESS: ALL RIGHT.

I WAS SAYING ME AND - MR. KELLY TOLD ME

THAT HE WORKED AT KENTUCKY FRIED CHICKEN

FOR QUITE SOME TIME WITH THIS LADY AND -

WHICH WAS THE MANAGER. AND HE TOLD ME

THAT THEY HAD NOT A RELATIONSHIP - NOT A

PREVIOUS RELATIONSHIP BUT SOMETHING TO

——

123

THAT EXTENT TO WHERE, I GUESS, SHE MIGHT

HAVE LIKED HIM AT ONE TIME, BUT IT WASN'T - IT

WASN’T MUTUAL ON HIS SIDE. AND THEY - HE

TOLD - MR. KELLY TOLD ME THAT THEY HAD

PLANNED TO STAGE A ROBBERY AT THIS - AT KEN-

TUCKY FRIED CHICKEN.

Q HE AND THE MANAGER?

A YES. AND TOLD ME THAT THEY PLANNED

THIS ROBBERY SO THAT HE WOULD COME, TAKE

THE MONEY AND THEN FLEE WHILE THIS LADY

CALLED THE POLICE AND, YOU KNOW, TOLD THAT

THERE WAS A ROBBERY.

Q WHAT ELSE DID HE TELL YOU?

A AFTER THAT, HE TOLD ME HE WENT - WELL,

DURING THIS ROBBERY, HE WENT AND RETRIEVED

THE MONEY AND WHEN HE - ON HIS WAY LEAV-

ING, HE WENT BACK FOR SOME REASON AND, I

GUESS, HE OVERHEARD THIS LADY ON THE TELE-

PHONE AND SHE WAS HAVING A CONVERSATION

TO WHERE HE GOT THE POINT ACROSS THAT SHE

WAS TURNING ON HIM. SHE WAS, YOU KNOW,

TURNING HIM IN, YOU KNOW, FOR TAKING THE

MONEY AND YOU KNOW NOT SAYING THAT SHE

HAD ANYTHING TO DO WITH IT, YOU KNOW. AND

SO, BEST I CAN REMEMBER, HE TOLD ME THEN AND

THAT’S WHEN HE WENT AND [1737] RETRIEVED A

KNIFE THAT BELONGED TO HIM. HE TOLD ME HE

HAD COLLECTED CERTAIN TYPES OF KNIVES.

Q HE SAID HE COLLECTED CERTAIN KNIVES?

A YES, SIR.

124

Q DID HE DESCRIBE THIS PARTICULAR KNIFE?

A HE JUST - THE WAY HE DESCRIBED IT TO ME

WAS SORT OF LIKE A BOWING KNIFE, LIKE A, YOU

KNOW, SORT OF A HUNTING KNIFE.

Q DID HE DESCRIBE ANYTHING ABOUT THE

CHARACTERISTICS OR THE WAY THE KNIFE WAS

MADE?

A HE TOLD ME THAT THERE WAS A BLADE

SIDE TO THE KNIFE AND ALSO A SIDE WITH SORT

OF LIKE A SAW.

Q SHOW YOU STATE’S EXHIBIT NUMBER 43. IS

THAT CONSISTENT WITH THE DESCRIPTION HE

GAVE YOU REGARDING THE BLADE PARTICULARLY?

THE SAWED EDGE AND THE BLADE EDGE?

A YES, SIR.

Q WHAT ELSE DID HE TELL YOU.

A HE TOLD ME RIGHT THEN AND THERE THAT

WHEN HE OVERHEARD THIS CONVERSATION THIS

IS WHEN HE WENT AND GOT THE KNIFE AND HE

CAME BACK AND, I GUESS, THIS LADY SAW HIM

COMING IN AT THIS POINT AND SHE HAD KNOWN

THAT HE OVERHEARD THE CONVERSATION, I

GUESS, BECAUSE MAYBE SHE SAW THE KNIFE IN HIS

HAND, BUT SHE REMAINED SEATED IN THE CHAIR.

AND AT THAT POINT, MR. KELLY POSITIONED HIM-

SELF BEHIND THIS LADY AND CUT HER THROAT.

[1738] Q DID HE DESCRIBE TO YOU - IN FACT,

DID HE SHOW YOU THE MANNER IN WHICH HE

CUT HER THROAT?

125

A_ YES, SIR. HE SAID THAT HE CUT HER THROAT

ONE TIME AND THAT SHE - IT DIDN’T KILL HER

AUTOMATICALLY, SO HE SORT OF TURNED THE

KNIFE AROUND TO THE SAWED PART AND MADE A

SAWING MOTION. LITERALLY, YOU KNOW, TRYING

TO DECAPITATE THIS WOMAN.

Q CUT HER HEAD OFF?

A YES.

Q WHAT ELSE DID HE TELL YOU?

A AT THAT POINT, HE SAID THAT HE TURNED

TO LEAVE OUT OF, I GUESS, THE OFFICE OF THIS

ESTABLISHMENT AND HE RECOGNIZED AN OFFI-

CER, A POLICE OFFICER COMING THROUGH THE

FRONT DOOR OF KENTUCKY FRIED CHICKEN.

WHEN HE SEEN THIS POLICE OFFICER, THE POLICE

OFFICER - HE SAID THE POLICE OFFICER DIDN’T SEE

HIM AND DIDN’T KNOW THAT HE WAS PRESENT.

AND SO MR. KELLY SAID THEN THAT HE JUMPED

OUT OF THE - THE DRIVE-THRU WINDOW OF THIS

ESTABLISHMENT.

Q DID HE SAY WHERE HE WENT AFTER HE GOT

OUT OF THE DRIVE-THRU WINDOW?

A TOMY KNOWLEDGE, HE TOLD ME THAT HE

WENT STRAIGHT TO HIS CAR.

Q DID HE INDICATE TO YOU WHERE HIS CAR

WAS PARKED?

A I BELIEVE IT WAS BEHIND THE KENTUCKY

FRIED CHICKEN NEXT TO A DUMPSTER OR SOME-

THING.

126

[1739] Q A DUMPSTER?

A YES.

Q DID HE TELL YOU WHAT HE DID AFTER HE

WENT THROUGH THE DRIVE-THRU WINDOW AND

TO HIS CAR?

A HE SAID THEN THAT HE PROCEEDED TO

LEAVE - LEAVE TOWN AND THAT HE WENT TO

SOUTH OF THE BORDER WHICH IS - I’M PRETTY

SURE Y’ALL ARE FAMILIAR WITH WHAT THAT IS. HE

SAID THAT HE SPENT THE NIGHT IN A HOTEL AT

SOUTH OF THE BORDER AND FROM WHAT I GATH-

ERED, HE TOLD ME HE ONLY SPENT ONE NIGHT AT

SOUTH OF THE BORDER AND THEN THE DAY AFTER,

HE DROVE STRAIGHT TO A RELATIVE’S HOUSE IN

MASSACHUSETTS.

Q NOW, WAS THAT THE ONLY TIME YOU AND

MR. KELLY DISCUSSED THAT PARTICULAR INCI-

DENT?

A NO.

Q HOW FREQUENTLY WOULD YOU SAY, MR.

MCCORMACK, DID MR. KELLY DISCUSS THAT INCI-

DENT AND HIS INVOLVEMENT IN THAT INCIDENT?

A UH - INFREQUENTLY. YOU KNOW, SITTING

IN THE CELL TOGETHER FOR SUCH A LONG TIME, I -

YOU KNOW, WE RUN OUT OF THINGS TO TALK

ABOUT AND SO SOMETIMES HE WOULD START

TALKING ABOUT THE INCIDENT. SO WE TALKED

ABOUT IT PRETTY MUCH VERY MUCH TO WHERE,

YOU KNOW, I GATHERED ALL THIS INFORMATION,

127

YOU KNOW, AND WAS ABLE TO REMEMBER, YOU

KNOW, IT THE WAY HE TOLD ME.

Q MR. MCCORMACK, DID YOU TALK ABOUT

ANYTHING ELSE THAT [1740] YOU THOUGHT SIG-

NIFICANT WHILE IN THE CELL?

A AS FAR AS -

Q WHAT ABOUT JAIL LIFE? DID YOU TALK

ABOUT JAIL LIFE?

A YES. YES. I WAS - I'VE BEEN IN AND OUT OF

PRISON SINCE I'VE BEEN 17-YEARS-OLD AND HE

KNOWS THIS AND HE SORT OF CONFIDED IN ME

OVER THIS BECAUSE HE KNEW - HE KNEW THAT HE

WOULD MOST LIKELY END UP DOING A GOOD, YOU

KNOW, PART OF THE REST OF HIS LIFE -

MR. KIRKLAND: YOUR HONOR, I’M HAV-

ING A HARD TIME HEARING.

THE COURT: IF YOU WOULD, SPEAK UP

JUST A LITTLE BIT LOUDER, PLEASE, MR. MCCOR-

MACK.

THE WITNESS: HE SAID THAT HE —NO, HE

KNEW THAT HE WOULD BE DOING PRETTY MUCH

THE REST OF HIS LIFE IN PRISON, SO HE CONFIDED

IN ME AND PRETTY MUCH WANTED TO KNOW HOW

PRISON LIFE WAS, HOW HE SHOULD CARRY HIM-

SELF. YOU KNOW, WANTED TO KNOW HOW LIFE

WAS IN GENERAL IN A VIOLENT PRISON POPULA-

TION.

Q LET ME ASK YOU THIS. DID YOU ACT ALONG

THE LINES OF A MENTOR FOR MR. KELLY?

128

YES, SIR. THAT’S WHAT -

IN THAT REGARD?

YES, YES.

WELL, LET ME ASK YOU THIS. YOU ARE IN

THE CELL PRETTY MUCH SEVEN-TWENTY-FOUR -

[1741] A YES.

Q - GIVE OR TAKE A FEW HOURS?

A_ YES.

Q DID YOU EVER TALK ABOUT ESCAPE?

A YES, WE DID.

Q WELL, LET ME ASK YOU THIS. NOW, IS THAT

AN UNUSUAL TOPIC FOR INMATES THAT ARE CON-

FINED IN THAT MANNER TO TALK ABOUT?

A NO, NOT REALLY.

Q IS IT, HOWEVER, UNUSUAL FOR AN INMATE

TO TAKE ACTIONS TO PUT AN ESCAPE PLAN INTO

PLACE?

A IT’S -

Q MORE UNUSUAL THAN JUST TALKING?

A YES, YES, YES.

Q ABOUT HOW OFTEN DID MR. KELLY TALK

ABOUT ESCAPING?

A UH - I WOULD SAY MAYBE - MAYBE FIVE

TIMES. I - YOU KNOW, I CAN’T BE SURE EXACTLY

HOW MANY TIMES, BUT IT WAS BROUGHT UP AT

LEAST FIVE TIMES.

Oo > DO >

129

Q WELL, NOW, LET ME ASK YOU THIS. MR.

MCCORMACK, HE WASN’T THE ONLY ONE ENGAG-

ING IN THIS CONVERSATION, WAS HE?

A NO.

Q YOU WERE ENGAGING IN THE CONVERSA-

TION AS WELL?

A YES, YES.

Q IN FACT, ISN’T IT TRUE THAT SOMETIMES

BOTH OF YOU SORT OF PUT YOUR HEADS

TOGETHER TO FIGURE OUT WHAT A GOOD [1742]

ESCAPE PLAN MIGHT BE?

A YES.

Q NOW, THERE’S SOME TALK ABOUT ESCAPE.

TELL THIS JURY IF WILLIAM ARTHUR KELLY EVER

PUT ONE OF THOSE PLANS INTO ACTION?

A SOMEWHAT, YES.

Q TELL THE JURY ABOUT IT.

A MR. KELLY, HE MADE A SHANK ONE DAY

AND THIS WAS - THIS IS A HOMEMADE KNIFE THAT

HE MADE OUT OF A TOOTHBRUSH THAT HE SHARP-

ENED UP ON ONE END.

Q WELL, LET ME ASK YOU THIS. YOU SAID HE

MADE IT. DID YOU OBSERVE HIM MAKING THIS?

A YES.

Q HOW DID HE - IN WHAT MANNER DID HE

MAKE THIS SHANK, AS YOU CALL IT?

130

A HE MADE IT SCRAPPING [sic] IT AGAINST

CONCRETE IN ORDER FOR THE PLASTIC, YOU

KNOW, TO SHARPEN ON THE TOOTHBRUSH.

Q WHILE WE ARE ON THE SUBJECT OF

SHANKS, YOU ROOMED YOU SAID FOR A TOTAL OF

ABOUT SIX MONTHS WITH MR. KELLY -

A YES, SIR.

Q - OVER THE COURSE OF TWO DIFFERENT

TIMES, IS THAT RIGHT?

A YES.

Q IS THIS SHANK THE ONE THAT YOU

DESCRIBED FOR THE JURY ON THAT INCIDENT THE

ONLY SHANK THAT YOU OBSERVED IN THE [1743]

POSSESSION OF WILLIAM ARTHUR KELLY?

A UH - AS FAR AS I KNOW. BECAUSE THERE

WAS MORE THAN ONE THAT WAS MADE BECAUSE

YOU CAN EASILY BUY A TOOTHBRUSH AND SCRAPE

IT AND MAKE A SHANK.

Q OKAY. SO IT WASN’T THE ONLY ONE, BUT IT

WAS ONE OF THEM?

A YEAH, TRUE. YES, YES.

Q OKAY. ALL RIGHT. PLEASE CONTINUE. I'M

SORRY I INTERRUPTED YOU.

A OKAY. WE HAD AN OFFICER WORKING IN

THE JAIL AT THAT TIME AND -

Q DO YOU RECALL HER NAME?

A HER NAME WAS MS. PRICE, MARSHA PRICE.

131

Q SHE WAS A CORRECTIONAL OFFICER?

AYES, SIR.

Q DESCRIBE HER STATUTE. THAT IS, HOW TALL

SHE WAS, ABOUT HOW MUCH SHE MIGHT HAVE

WEIGHED. TRY AND BE KIND.

A SHE WAS ABOUT APPROXIMATELY FIVE

FOOT SEVEN, MAYBE A 130 POUNDS MAYBE.

Q OKAY. TELL THE JURY A LITTLE BIT ABOUT

MS. PRICE AND HOW SHE WAS REGARDED BY YOU

AND BY MR. KELLY IF YOU KNOW.

A SHE WAS REGARDED BY JUST ABOUT EVERY

INMATE, INCLUDING MYSELF, TO BE A PUSHOVER

IN THIS JAIL BECAUSE SHE WAS REALLY EASY TO

GET OVER ON. IF ANYONE WOULD TRY TO ESCAPE,

SHE WOULD BE THE MOST LIKELY PERSON TO TRY

IT WITH, [1744] TO TRY TO TAKE HOSTAGE, THE

MOST LIKELY PERSON.

Q TELL THE JURY ABOUT THAT EVENING.

A OKAY. ME AND MR. KELLY WERE IN THE

ROOM THIS NIGHT AND HE HAD GOT FINISHED

MAKING THIS SHANK OUT OF THIS TOOTHBRUSH

AND WE WERE TALKING ABOUT DIFFERENT WAYS

TO ESCAPE AND MR. KELLY WAS GOING THROUGH

ONE OF HIS - ONE OF HIS PERIODS WHERE - ONE OF

HIS PERIODS WHERE HE DIDN’T WANT TO BE IN THE

CELL, YOU KNOW. SO, HE MADE A PLAN TO CALL

MS. PRICE TO THE DOOR AND TAKE MS. PRICE HOS-

TAGE WITH THIS SHANK.

132

HE CALLED MS. PRICE TO THE DOOR AND MS.

PRICE CAME TO THE DOOR. SHE OPENED THE DOOR

AND MR. KELLY STOOD NEXT TO THE DOOR WITH

THE SHANK OUT OF VIEW SO SHE COULDN'T SEE IT.

Q WAS IT IN HIS HAND?

A YES. AND HE THEN PROCEEDED TO STALL.

HE ASKED HER - I DON’T KNOW MAYBE FOR SOME

REGULAR THINGS WE ASK FOR. TOILET PAPER,

TYLENOL, SOMETHING IN THAT NATURE. I

COULDN’T REALLY HEAR. BUT SHE ENDED UP - SHE

ENDED UP LEAVING AND HE ENDED UP BACKING

OUT OF DOING IT AND THAT WAS PRETTY MUCH

THE END OF IT.

Q NOW, TELL THE JURY WHAT YOU WERE

DOING WHEN HE WAS STANDING THERE WITH A

SHANK IN HIS HAND BEHIND THE DOOR?

A I WAS LAYING IN THE BUNK OR MY MAT-

TRESS. WE HAVE BUNK BEDS IN THE ROOM AND IT

WAS ONLY ME AND KELLY, BUT I [1745] CHOSE TO

SLEEP ON THE FLOOR BECAUSE IT - YOU KNOW,

WITH MY MATTRESS BECAUSE IT’S A LOT COOLER

ON THE FLOOR AND IT’S A PART OF THE FLOOR

WHERE THE AIR CONDITIONER HITS AND IT GETS

VERY STUFFY WITHOUT ANY VENTILATION IN THAT

ROOM HARDLY. AND SO I WAS LAYING THERE ON

THE FLOOR ON THE MATTRESS WITH A CROSS-

WORD PUZZLE BOOK THAT BELONGED TO MR.

KELLY AND I WAS JUST LOOKING AT HIM THE

WHOLE TIME FROM HIS BACK SIDE THAT HE WAS

DOING THIS.

133

Q WELL, NOW, MR. MCCORMACK, YOU DIDN’T

ATTEMPT TO STOP DEFENDANT KELLY?

A 1 DIDN’T ATTEMPT TO STOP HIM, BUT I -

WHAT WAS GOING THROUGH MY MIND IS THAT,

YOU KNOW HOW WOULD THIS LOOK ON ME IF HE

DID SOMETHING LIKE THAT AND WOULD I BE

IMPLICATED AND I CLEARLY DIDN’T NEED THAT AT

THIS TIME BECAUSE I WAS ON A STATE WRIT - |

MEAN I WAS ON A FEDERAL WRIT HERE TO TESTIFY

ON AN INCIDENT THAT HAPPENED REGARDING AN

OFFICER BEING TAKEN HOSTAGE.

SO IF MR. KELLY WOULD HAVE DONE THAT, IT

WOULDN'T HAVE LOOKED VERY GOOD ON MY

PART. SOME EYEBROWS WOULD HAVE BEEN RAISED.

SO I CONTEMPLATED WHAT I SHOULD DO. YOU

KNOW, SHOULD I TRY TO - SHOULD I TRY TO GRAB

HIM AND STOP HIM FROM DOING THIS, BUT, YOU

KNOW, I THOUGHT ABOUT IT AND I, LIKE I TOLD

YOU, MR. KELLY HAD CONFIDED IN ME AND I

PRETTY MUCH FELT LIKE HIS MENTOR AND I TOLD

HIM AND TOLD HIM THAT [1746] IT WOULDN’T

WORK. HE WOULDN'T BE ABLE TO GET FAR AND IT

WOULD JUST, YOU KNOW, MAKE THINGS WORSE ON

HIMSELF.

Q YOU DIDN’T NECESSARILY TELL HIM NOT TO

ATTEMPT TO ESCAPE. YOU TOLD HIM THAT THAT

PARTICULAR PLAN WAS NOT A GOOD ONE?

A THAT'S RIGHT.

Q NOW, MR. MCCORMACK, WITHOUT TRYING

TO BE REAL FLIPPANT, IF I WERE TO CHARACTERIZE

134

YOUR PRIOR RECORD, YOUR PRIOR CRIMINAL

RECORD AND I SAID IT WAS AS LONG AS BOTH OF

YOUR TATTOOED ARMS, THAT WOULD BE A PRETTY

FAIR STATEMENT, WOULDN'T IT?

A YES, YES.

Q THIS INFORMATION YOU PROVIDED TO THE

JURY TODAY, DID I TELL YOU ABOUT IT OR DID YOU

TELL ME ABOUT IT?

A I TOLD YOU TODAY.

Q WHAT DID 1 TELL YOU THAT I ABSOLUTELY

REQUIRED REGARDING YOUR TESTIMONY TO THIS

JURY TODAY?

A UH - EXCUSE ME?

Q DIDITELL YOU TO TELL THE TRUTH TO THIS

JURY -

A OF COURSE.

MR. KIRKLAND: OBJECTION, YOUR HONOR.

I DON’T THINK THAT’S A PROPER QUESTION. BOL-

STERING HIS TESTIMONY, MAKING HIMSELF A WIT-

NESS.

THE COURT: OVERRULED.

MR. HUMPHRIES: WHAT DID I TELL YOU

REGARDING [1747] YOUR TESTIMONY TO THIS JURY

TODAY? THE ONLY THING THE STATE WANTED

FROM YOUR TESTIMONY WAS WHAT? \

THE WITNESS: THE TRUTH.

Q MR. MCCORMACK, I'VE GOT ONE OTHER

THING. DEFENDANT KELLY HE USED TO CARRY A

135

CUP AROUND WITH HIM IN THE DETENTION CEN-

TER?

A_ YES, SIR.

Q DID YOU EVER GET A REAL GOOD LOOK AT

THAT CUP?

A_ YES, SIR, I DID.

Q TELL THAT JURY WHAT WAS ON THAT CUP.

A THIS CUP WAS A STYROFOAM CUP APPROXI-

MATELY THIS BIG (INDICATES) AND IT’S WHITE AND

THE STYROFOAM CUP HAD DRAWINGS ON IT THAT

MR. KELLY MADE WITH A PEN DEPICTING, I THINK,

WHAT I REMEMBER IS A MAN HOLDING A KNIFE

CUTTING OFF A CHICKEN HEAD AND - LIKE A

COMIC STRIP, SOMETHING TO THAT NATURE AND

THERE WAS, YOU KNOW, WORDS ALONG WITH THIS

COMIC STRIP THAT I CAN’T REMEMBER, BUT THAT’S

BASICALLY IT.

Q THAT WAS HIS PERSONAL CUP?

A YES.

Q HAD THAT CUP FOR MORE THAN A DAY OR

SO, WOULD YOU SAY?

A OH, YES, YES.

Q ANSWER ANY QUESTIONS THEY MAY HAVE.

136

[1756] MATTHEW MCCORMACK - CROSS

BY MR. KIRKLAND

* * +

Q AND YOU KNOW THAT 90 PERCENT OF THE

PEOPLE IN PRISON CAN WHIP HIS TAIL, DON’T

YOU?

A NO, NOT 90 PERCENT.

Q WELL, HE WOULD BE FRESH MEAT,

WOULDN'T HE?

A WELL, I MEAN, EVERYBODY - EVERYBODY

THAT COMES IN IS PRETTY MUCH CONSIDERED AT

_ CERTAIN INSTITUTIONS - YOU KNOW, ANYBODY

THAT COMES IN AND ACTS A CERTAIN WAY - IN

PRISON, IT’S NOT LIKE ON THE STREET WHERE YOU

GO TO A BAR AND YOU SEE A BIG GUY AND YOU

SAY, WELL, I DON’T WANT TO MESS WITH HIM, HE’S

BIG. IT’S NOT LIKE THAT IN PRISON ANYMORE [1757]

BECAUSE SMALL GUYS HAVE JUST AS - JUST AS

MUCH HEART. AND I'VE SEEN THIS. I’VE SEEN GUYS

SMALLER THAN WILLIAM KELLY BEAT UP GUYS BIG-

GER THAN YOU.

Q THAT’S RIGHT. AND YOU’VE GOT TO SHOW

YOU’VE GOT A HEART? YOU’VE GOT TO SHOW

YOU’RE TOUGH OR ELSE PEOPLE TAKE ADVANTAGE

OF YOU, DON’T THEY?

A WHEN THAT TIME COMES, YES.

Q THAT'S RIGHT. YOU’VE GOT TO STAND YOUR

GROUND?

137

A AND THE MAIN REASON FOR THAT IS THAT

IF YOU LET SOMEBODY WALK ALL OVER YOU AND

THEY - OTHER PEOPLE SEE THAT, THEN EVERYBODY

WILL DO THE SAME THING.

Q THAT’S RIGHT. AND YOU LIVE WITH THAT

EVERY SINGLE DAY OF YOUR LIFE IN A PRISON.

NIGHT AND DAY YOU LIVE WITH THAT ANXIETY,

DON’T YOU, THAT SOMEBODY IS GOING TO COME

FOR YOU?

A YES. IT IS A LOT OF ANXIETY. WELL, NOT FOR

ME PARTICULARLY, AND - WELL, NOT FOR A LOT OF

PEOPLE REALLY WHERE I’M AT BECAUSE .F YOU

KNOW HOW TO CARRY YOURSELF, THEN - AND

YOU DON’T HAVE TO CARRY YOURSELF ALL TOUGH

BECAUSE REALLY THE ONES THAT CARRY THEM-

SELVES TOUGH ARE THE ONES THAT GET GOT FIRST.

YOU HAVE TO JUST CARRY YOURSELF LIKE YOU

HAVE A HEAD ON YOUR SHOULDERS AND YOU’RE

NOT GOING TO BE PUSHED AROUND.

Q BUT YOU TOLD BILLY KELLY ENOUGH

ABOUT PRISON WHERE HE DECIDED HE’D RATHER

DIE, RIGHT?

[1758] A I TOLD HIM THAT IF IT WAS MY DECI-

SION, ME, PERSONALLY, THAT I WOULD RATHER SIT

IN DEATH ROW FOR TEN YEARS AND GO AHEAD

AND BE PUT TO DEATH THAN TO SPEND MY NATU-

RAL LIFE IN PRISON, YES.

138

[1759] MATTHEW MCCORMACK - RE-CROSS

BY MR. KIRKLAND

* * *

Q MR. MCCORMACK, YOU TALKED [SIC] MR.

KELLY HOW TO CARRY HIMSELF SO HE WOULDN’T

HAVE TROUBLE, DIDN’T YOU?

A THAT’S RIGHT.

Q THANK YOU.

THE COURT: ANYTHING ELSE.

MR. KIRKLAND: I HAVE ONE MORE QUES-

TION.

RECROSS EXAMINATION

BY MR. KIRKLAND:

Q YOU TAUGHT HIM BECAUSE HE DOESN’T

KNOW HOW TO CARRY HIMSELF, DOES HE?

A I'VE SEEN MR. KELLY HANDLE HIMSELF.

Q HE’S LEARNING?

A YES.

Q IT’S A WHOLE NEW BALLGAME WHEN YOU

GET OUT THERE IN THE POPULATION WITH THE

REAL CONS, ISN’T IT?

A YES.

Q ALL RIGHT.

139

[1759] MARK WHARTON - DIRECT

BY MR. HUMPHRIES

* * *

MR. HUMPHRIES: THE STATE CALLS MARK

WHARTON TO THE STAND, PLEASE.

MARK WHARTON,

[1760] FIRST BEING DULY SWORN, TESTIFIED AS FOL-

LOWS:

THE CLERK: STATE YOUR FULL NAME,

SPELLING YOUR LAST, PLEASE.

THE WITNESS: MY NAME IS MARK

WHARTON, W-H-A-R-T-O-N.

DIRECT EXAMINATION

BY MR. HUMPHRIES:

Q WITH WHOM ARE YOU EMPLOYED?

A LEXINGTON COUNTY DETENTION CENTER.

Q HOW LONG HAVE YOU BEEN SO EMPLOYED?

A SEVEN YEARS.

Q AND WHAT IS YOUR POSITION AT THE

DETENTION CENTER?

A MASTER CORRECTIONAL OFFICER.

Q LET ME ASK YOU THIS. OFFICER WHARTON,

DID YOU HAVE AN OCCASION ON MAY THE 1ST,

1997, TO COME INTO CONTACT WITH THE DEFEN-

DANT, WILLIAM ARTHUR KELLY, SHORTLY AFTER

AN INTERVIEW IN AN ATTORNEY ROOM?

140

A YES, I DID. HE WAS RETURNING FROM THE

ATTORNEY’S ROOM. HE WAS PATTED DOWN AND

CHECKING HIS CIGARETTE PACK -

Q NOW, WHO WAS DOING ALL OF THIS PAT-

TING DOWN?

A_ I WAS.

Q IS THAT PROTOCOL AFTER YOU MEET WITH

PEOPLE WHO COME FROM OUTSIDE THE JAIL?

A_ YES, SIR.

[1761] Q IS THAT SOMETHING THAT YOU USU-

ALLY DO OR WERE YOU STANDING IN FOR SOME

OTHER OFFICERS?

A IWAS STANDING IN FOR ANOTHER OFFICER.

Q YOU’RE A SUPERVISOR AND THAT TYP-

ICALLY IS NOT WITHIN YOUR DUTIES, IS THAT COR-

RECT?

A CORRECT.

Q PATTING MR. KELLY DOWN, WHAT, IF ANY-

THING, DID YOU DISCOVER ON HIS PERSON OR IN

HIS EFFECTS?

A NOTHING ON HIS PERSON OTHER THAN IN

HIS RIGHT POCKET, HE HAD A PACK OF CIGA-

RETTES WHICH I CHECKED. I WAS NOT LOOKING

FOR ANYTHING UNUSUAL. POSSIBLY ANOTHER

BRAND OF CIGARETTES. THEY WERE ALLOWED

GENERIC AND SOMETIMES THEY CAN SNEAK

BRAND NAMES IN. LOOKING IN THE CIGARETTE

141

_ PACK, I FOUND A TOOTHBRUSH WITH A METAL

OBJECT MELTED INTO IT.

Q THAT TYPE OF OBJECT IS TYPICALLY CALLED

WHAT?

A A SHANK.

Q THIS OBJECT TO WHICH YOU REFER IS IT

CAPABLE OF INFLICTING PHYSICAL HARM?

A_ YES, IT IS.

Q IS IT WHAT WE CALL CONTRABAND?

A YES, SIR.

Q WHAT DID YOU DO AS A RESULT OF TAKING

THAT SHANK FROM MR. KELLY?

A I INFORMED KELLY THAT HE WAS ON CON-

FINEMENT AND HIS ITEMS WERE TAKEN THAT ARE

NOT ALLOWED WHILE YOU ARE ON [1762] CON-

FINEMENT AND HE WAS PLACED IN A CONFINE-

MENT ROOM.

Q NOW, CONFINEMENT, THAT’S THE HARSH-

EST SANCTION IN THE DETENTION CENTER, IS IT

NOT?

A_ YES, IT IS.

Q AND FOR HOW LONG DID MR. KELLY STAY

ON CONFINEMENT FOR THIS SHANK?

A HE HAD TO STAY ON TILL HE HAD HIS

ADJUSTMENT HEARING, WHICH AT THAT TIME WAS

EVERY WEDNESDAY. I WAS THERE. I DON’T REMEM-

BER WHO RAN THE ADJUSTMENT HEARING. |

THINK HE WAS THERE FOR SEVEN DAYS TOTAL.

142

Q LET ME ASK YOU THIS. YOU WERE THERE AT

THE ADJUSTMENT, WHICH I GUESS IS SOME SORT OF

INFORMAL HEARING TO DETERMINE WHAT THE

SANCTION SHOULD BE FOR THIS TYPE OF INCI-

DENT, IS THAT CORRECT?

A_ YES, IT IS.

Q DID MR. KELLY HAVE SOME EXPLANATION

FOR WHY HE HAD THE SHANK IN HIS POSSESSION

AS YOU RECALL?

A HE SAID IT WAS FOR HIS FINGERNAILS.

Q WELL, NOW, DO INMATES NOT HAVE

ACCESS TO NAIL CLIPPERS AT THE DETENTION

CENTER?

A YES, THEY DO. THEY CAN GO TO MEDICAL

AND CAN REQUEST USING THEM THERE.

Q THANK YOU.

[1764) MARK WHARTON - CROSS

BY MR. KIRKLAND

* *. *

Q SO WE’RE TALKING ABOUT TWO AND A

HALF YEARS. HE’S NEVER HURT ANYBODY? NO?

A NOT THAT I KNOW OF.

Q HE’S NEVER BEEN IN A FIGHT TO YOUR

KNOWLEDGE?

143

A POSSIBLY, BUT NONE THAT I RECALL THAT I

RESPONDED TO.

Q ALL YOU’VE EVER KNOWN IS HE MIGHT

RUN HIS MOUTH FROM TIME TO TIME?

YES.

INMATES DO THAT?

YES, THEY DO.

THEY ALL DO, DON’T THAT [sic]?

YES, THEY DO.

Q ALL RIGHT. AND THEY USE PROFANITY?

[1765] A YES, THEY DO.

Q I MEAN, THAT’S WHAT JAIL LIFE IS, ISN’T IT?

> OD > O

A YES, IT IS.

Q AND IT’S PRETTY TERRITORIAL, TOO. I

MEAN, YOU HAVE TO WATCH YOURSELF AND

WATCH YOUR FRIENDS, DON’T YOU?

A MORE IN PRISON. LITTLE BIT LESS IN JAIL,

BUT, YES.

Q OKAY. EVEN MORE SO IN PRISON, ISN'T IT?

AND INMATES SOMETIMES HAVE SHANKS JUST TO

PROTECT THEMSELVES, DON’T THEY?

A YES, SIR.

Q I MEAN,-YOU DON’T KNOW WHO IS BEHIND

YOU, DO YOU?

A NO, SIR.

144

IT’S DOG EAT DOG IN THERE, ISN’T IT?

YES, IT IS.

AND THE BIG DOG WINS?

NOT NECESSARILY.

> ODO F> 0

Q WELL, IF Y’ALL DON’T GET THEM FIRST,

RIGHT?

A I WOULDN'T SAY THAT.

Q OKAY. WHAT WOULD YOU SAY?

A I SAY IT DEPENDS. A SMALL GUY CAN

KNOCK A BIG GUY DOWN.

[1767] EDWARD D. BRYANT -

DIRECT BY MR. CHASE

MR. CHASE: PLEASE THE COURT, YOUR

HONOR. THE STATE CALLS DEWAYNE BRYANT TO

THE STAND.

EDWARD D. BRYANT, -

[1768] FIRST BEING DULY SWORN, TESTIFIED AS FOL-

LOWS:

THE CLERK: STATE YOUR FULL NAME,

SPELLING YOUR LAST.

THE WITNESS: EDWARD D. BRYANT, B-R-

Y-A-N-T.

145

DIRECT EXAMINATION

BY MR. CHASE:

Q MR. BRYANT, WHERE DO YOU LIVE?

A LEXINGTON.

Q HOW LONG HAVE YOU LIVED IN LEXINGTON

COUNTY?

ABOUT THREE YEARS NOW.

ARE YOU WORKING?

YES, SIR.

WHERE ARE YOU WORKING?

T AND J FENCE.

Q ABOUT HOW MANY HOURS A WEEK DO YOU

WORK?

A I WORK ANYWHERE FROM 60 TO 65 HOURS A

WEEK.

Q A FULL WEEK?

A YES, SIR.

Q MR. BRYANT, I JUST WANT TO GO AHEAD

AND GET THIS OUT OF THE WAY. ARE YOU CUR-

RENTLY ON PROBATION?

A YES, SIR.

Q WHAT ARE YOU ON PROBATION FOR?

A CS.C.

Q DO YOU HAVE ANY PENDING CHARGES

RIGHT NOW?

> O & O

146

A NO, SIR.

[1769] Q NOW, PRIOR TO THE TIME THAT YOU

WERE PLACED ON PROBATION, DID YOU - WERE

YOU HOUSED OVER AT THE LEXINGTON COUNTY

DETENTION CENTER?

A YES, SIR.

Q WHILE YOU WERE THERE, DID YOU EVER

COME IN CONTACT BY A GUY - THE GUY BY THE

NAME OF WILLIAM ARTHUR KELLY?

A YES, SIR. .

Q WHERE WOULD YOU SEE WILLIAM ARTHUR

KELLY?

A I WAS ON THE SAME WING HE WAS ON.

Q IF YOU ARE ON THE SAME WING WITH AN

INMATE, DO YOU HAVE A LOT OF CONTACT WITH

THEM?

A YES, EVERYDAY.

Q DO YOU HAVE THE OPPORTUNITY TO MIN-

GLE WITH THEM?

A YES, SIR.

Q WHEN YOU ARE LET OUT OF YOUR CELL,

YOU CAN MOVE AROUND AND BE WITH EACH

OTHER?

A YES, SIR.

Q DID YOU EVER HEAR WILLIAM KELLY TALK

ABOUT ESCAPING?

147

A YES, AT ONE TIME.

Q WHAT DID YOU HEAR WILLIAM ARTHUR

KELLY TALK ABOUT?

A IJUST KIND OF OVERHEARD IT OUTSIDE OF

HIS DOOR AROUND HIS CELL.

Q WHAT DID HE SAY?

A WELL, AT THAT TIME, HE WAS TALKING

ABOUT TAKING A NURSE HOSTAGE.

[1770] Q TAKING A NURSE HOSTAGE?

A_ YES SIR.

Q DID YOU EVER SEE HIM AROUND OTHER

INMATES?

A_ YES, SIR.

Q DID YOU EVER SEE HIM GET CONFRONTA-

TIONAL WITH SOME OF THOSE INMATES?

A YES, A FEW OF THEM. YES, SIR.

Q WHAT WOULD HE DO?

A MOSTLY BE - IT’S EITHER WORDS OR A LIT-

TLE SHOVING AND STUFF MOST OF THE TIME.

Q DURING THE TIME THAT YOU WERE ON THE

SAME WING WITH MR. KELLY, DID YOU EVER HEAR

HIM TALK ABOUT WHAT HE WAS CHARGED WITH

DOING? .

A YES, SIR, SEVERAL TIMES.

Q WHAT DID YOU HEAR WILLIAM ARTHUR

KELLY SAY ABOUT THAT CRIME?

148

A MOST THE TIME WHEN I WAS AROUND, HE

MOSTLY BE BRAGGING ABOUT IT.

Q DO YOU REMEMBER ANYTHING PARTICU-

LAR THAT HE MIGHT HAVE SAID ABOUT THAT?

A YES. A FEW TIMES HE WOULD BE JOKING

AROUND SAYING THE ONLY REASON HE DIDN'T

CUT HER HEAD OFF BECAUSE HE COULDN'T GET

THROUGH HER NECK BONE.

Q HE SAID THAT MORE THAN ONCE?

A YES, SIR.

[1771] Q COULDN’T GET THROUGH THE NECK

BONE, THAT’S WHY HE DIDN’T CUT HER HEAD OFF?

A YES, SIR.

Q DID HE HAVE A NICKNAME ON THE FLOOR?

A YES, SIR. WELL, HE REQUESTED TO BE

CALLED K.F.C.

Q K.FC.?

A YES, SIR.

Q LIKE FOR KENTUCKY FRIED CHICKEN?

A_ YES, SIR.

Q LET ME ASK YOU THIS, MR. BRYANT, DID

YOU EVER SEE MR. KELLY WITH A CUP WHILE HE

WAS ON THE FLOOR?

A YES, SIR, I DID.

Q WHAT KIND OF CUP WAS THAT?

149

A IT WAS A WHITE STYROFOAM CUP. THEY

HAVE LIKE A PROGRAM WHEN YOU GET THE BEST

FLOOR, YOU GET POPCORN AND STUFF AT NIGHT

AND IT WAS A POPCORN CUP. I'D SAY ABOUT A

TWENTY-OUNCE CUP OR SOMETHING LIKE THAT.

Q DO YOU REMEMBER ANYTHING BEING ON

THAT CUP?

A YES. THERE WAS A CHICKEN WITH HIS HEAD

CUP [SIC] OFF WITH BLOOD DRIPPING OUT OF IT

AND THERE WAS A KNIFE UP ABOVE IT AND THEN

ON THE FRONT SIDE, IT HAD K.FC. ON IT.

Q THANK YOU.

[1773] EDWARD D. BRYANT -

CROSS BY MR. KIRKLAND

* * +

Q WHEN YOU FIRST COME INTO THE DETEN-

TION CENTER, WOULD YOU AGREE WITH ME

YOU'VE GOT TO KIND OF GET YOUR TURF AND GET

SECURE IN WHERE YOU ARE AND POSITION YOUR-

SELF WITH THE OTHER INMATES?

A YES, SIR.

Q THAT’S PRETTY COMMON, RIGHT?

A YES, SIR.

Q AND WOULD YOU ALSO AGREE WITH ME

THAT YOU’VE GOT TO LET THE OTHER INMATES

150

KNOW YOU ARE TOUGH OR YOU CAN STAND YOUR

GROUND?

A MOSTLY, YES, SIR.

Q AND ONE OF THE WAYS SOME INMATES DO

THAT TO PROTECT THEMSELVES AND TO FEEL

SECURE IS TO KIND OF SAY, LOOK WHAT I DID,

DON’T MESS WITH ME, ISN’T THAT RIGHT?

A_ YES, SIR. Fi

Q ALL RIGHT. BECAUSE IF YOU GO IN THERE

AND PEOPLE DON’T THINK YOU’RE TOUGH, SOME-

BODY IS GOING TO PICK ON YOU?

A_ YES, SIR. =

Q THEY’RE GOING TO TEST YOU, RIGHT?

A YES, SIR.

Q THEY GOING TO PUSH YOU AS FAR AS THEY

CAN, IS THAT RIGHT?

[1774] A. YES, SIR.

Q SO IF YOU DON’T LET SOMEBODY KNOW

YOU’RE A TOUGH DUDE, YOU MIGHT BE CLEANING

THEIR SINK, CLEANING THEIR TOILET, WON’T YOU?

A YEAH.

Q YOU MIGHT BECOME THEIR BOYFRIEND,

MIGHTN’T YOU?

A POSSIBLE.

Q SO BILLY KELLY LET PEOPLE KNOW WHAT

HE DID?

151

YES, SIR.

IT SCARED YOU, DIDN'T IT?

YES, SIR, IT DID.

IT SCARED A LOT OF PEOPLE, DIDN'T IT?

YEAH.

IT SERVED ITS PURPOSE, RIGHT?

YES, SIR.

> DO F&F DM F&F DN YK

* * *

[1781] STEVEN M. DERRICK,

BEING ALREADY DULY SWORN, RETURNED TO THE

WITNESS STAND AND TESTIFIED AS FOLLOWS:

THE COURT: ALL RIGHT.

INSOFAR AS THE QUESTIONABLE OR THE OBJEC-

TIONABLE PHOTOGRAPHS ARE CONCERNED, LET’S

DEAL WITH THOSE.

[1782] THE SOLICITOR: YOUR HONOR, WITH

THIS WITNESS, WE HAVE PHOTOGRAPHS - A GREAT

NUMBER OF THEM MARKED IN EVIDENCE. I THINK

THERE ARE QUESTIONS WITH SIX OF THEM AND

THOSE NUMBERS ARE 73, 76, 75, 84, 89, 90, IS THAT

CORRECT.

MS. FULLWOOD: THAT’S RIGHT.

YOUR HONOR, WE OBJECT TO THEM ON THE

GROUNDS THAT THE POTENTIAL PREJUDICE IN

THOSE PHOTOGRAPHS OUTWEIGHS ANY PROBA-

TIVE VALUE THEY MIGHT HAVE.

152

THE COURT: ALL RIGHT.

SOLICITOR, YOU HAVE ANY ARGUMENT YOU

WANT TO MAKE CONCERNING THESE PHOTO-

GRAPHS?

THE SOLICITOR: JUST TO CITE SOME CASES,

YOUR HONOR. STATE VERSUS KORNAHRENS IS THE

LEADING CASE AND I KNOW I DON’T NEED TO CITE

THAT CASE FOR YOUR HONOR. YOU ARE MORE

FAMILIAR WITH IT THAN ANY OF US ARE. WITHIN

THAT, THE SUPREME COURT TALKED ABOUT DIS-

PLAYING VARIOUS PHOTOGRAPHS. IN THIS CASE, IT

WAS THREE BODIES THAT WERE IN A GRAVE THAT

MR. KORNAHRENS HAD PUT THEM IN AFTER HE

MURDERED THEM.

AND THE SUPREME COURT TALKED ABOUT THE

PHOTOGRAPHS, THAT WHILE THEY ARE NOT

ADMISSIBLE IN THE GUILT PHASE, THEY ARE PROP-

ERLY ADMITTED IN THE PENALTY PHASE TO SHOW

THE CHARACTER AND CHARACTERISTICS OF THE

DEFENDANT, THE CIRCUMSTANCES SURROUNDING

THE CRIME AND TO SHOW THE NATURE IN WHICH

THE CRIME WAS COMMITTED.

* * »

[1784] THE SOLICITOR: AS AN OFFICER OF

THE COURT, I CAN TELL YOUR HONOR THAT THESE

_ PHOTOGRAPHS WILL BE NECESSARY TO ASSIST DR.

SEXTON IN GIVING MORE DETAILED TESTIMONY AS

TO THE WOUNDS. HE’S ALREADY TESTIFIED THAT

THERE WERE OVER THIRTY-ONE OR APPROXI-

MATELY THIRTY-ONE STAB WOUNDS FROM VARIOUS

153

DIRECTIONS OF VARIOUS SIZES FROM THE FRONT

TO THE [1785] NECK, TO THE HEAD, AND DOWN

THE BACK, ALL THE WAY DOWN TO THE LOWER

PART OF THE VICTIM’S BACK. AND THAT DID NOT

INCLUDE THE SLICE WOUNDS TO THE NECK AND I

THINK TO THE SIDE OF THE FACE. SO WE’VE GOT-

TEN WELL INTO THE - THESE WOULD BE ALSO,

YOUR HONOR, HERE STATE VERSUS POWERS IS

ANOTHER CASE IN WHICH ITS CITED FOR AUTOPSY

This text is long and has been trimmed here. Open the source document for the complete record.

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.