# Joint Appendix Vol I — Kelly v. South Carolina > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385014_0484%3A05 ## Record - **Collection:** Supreme Court brief - **Document type:** Joint Appendix Vol I - **Published:** January 1, 2002 - **Citation:** 534 U.S. 246 ## Text No. 00-9280 SS 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 o 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 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 ii 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 5 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 10 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. 11 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. 12 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. 13 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 14 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 15 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 16 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 -_ 17 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 18 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. ee 19 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 20 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. 21 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, 22 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 23 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 24 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] 25 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. 26 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 27 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 28 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 29 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 30 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 31 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 32 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 - a 33 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). 34 [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 35 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. 36 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. 37 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. 38 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 39 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 40 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 41 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. 42 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 43 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 44 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 45 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 46 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. 47 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. 48 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 —- 49 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 50 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 51 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 52 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 53 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 54 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. 55 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. 56 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 57 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 58 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 59 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 60 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. 61 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, 62 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 _— 63 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 64 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 65 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 66 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 67 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. 68 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. 69 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? A 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 70 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? 71 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. 72 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 73 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. 74 [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.) 75 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? 76 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 77 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. 78 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. 79 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? 80 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 81 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. 82 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? 83 [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. 84 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 85 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 86 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. 87 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. 88 [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. 89 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 90 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 91 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, 92 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. 93 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? 94 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? 95 [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. Q THE CELL THAT WILLIAM ARTHUR KELLY WAS IN? 96 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. 97 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? 98 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. 99 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 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 AN [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385014_0484%3A05. Public record. Not legal advice.