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Wednesday, June 20, 2007

Let's talk money

Jerry Anderson took the stand. That's Jerry D. Anderson. (Sorry that's cruel). Jerry D. Anderson is an insurance agent out of Lenoir. He works with N.C. Farm Bureau Insurance Company and he handled several insurance policies on the Andersons ranging from equipment, houses, barns, cattle, health and life insurance. At Farm Bureau, Emily Anderson had two life insurance policies. The first was affective March 1, 2003, and was for $1 million. The owner of the policy was Carolina Holstein. The beneficiary was Jerry L. Anderson. The contingent beneficiary was Dee Watson. A second police on Emily Anderson's life was issued June 1, 2004, and it was for $500,000. The owner was High Mountain Holstein (the name of the dairy the Andersons' planned in Tennessee). The beneficiary was Jerry L. Anderson. There was no contingent beneficiary. Dawn Tutterow asked Jerry D. Anderson if Emily Anderson died who received the payments on both policies? Jerry D. Anderson responded Jerry L. Anderson in both policies. Before Jerry D. Anderson was on the stand, Charles Helms, a former insurance agent at Granite Insurance Agency in Granite Falls, said there was one life insurance policy on Emily Anderson. It was issued in the fall of 2004, for $2 million. A year later, in November 2005, Helms reviewed the Andersons' policies. At that time, the life insurance amount in Emily Anderson's name increased to $3 million. The owner and beneficiary was Carolina Holstein. On this particular policy, there was an assignment. That means on this policy in the event of Emily's death the insurance company would first pay the bank any money assigned for outstanding loans. That was common practice and a typical requirement of banks, Helms said. Helms and Jerry D. Anderson said if banks give out large amounts in loans they require the key people (owners, operators, etc. of the company) to have large insurance policies. This insures the bank will get its money bank in the event of a key person's death, Helms said. There was no assignment on the two life insurance policies Emily had with Farm Bureau.
During cross examination, Helms told the jury Jerry L. Anderson also had a life insurance policy on himself; however, it was not testified to how much that policy was for. Helms said Emily signed on all of her policies, she went through applications and medical exams and was aware of everything surrounding her policies. Jerry D. Anderson testified that as a key person at the dairy farm, Emily felt the life insurance coverage was needed.
Sigh. Money, man, it can complicates things. I'm not sure if this is damaging testimony or not. It almost seems a large amount of life insurance is required by the banks as part of getting a large loan. But Emily had $4.5 million worth of life insurance. Now there was a reference to a $5 million loan for the farm in Tennessee. Man I had no idea farming was so expensive! But again the two of the loans for $1 million and $500,000 had no assignments, meaning the bank was not the first to get the money, Jerry L. Anderson was... I hope the juror can make sense of all of this. It will be their opinion in the end that counts the most.

OK. I know I've written a ton, but I have to explain my last comment on the previous blog. Right before our break, it was possible there was an order for the arrest of Antonio Reyes on a driving while impaired charge. It turned out not to be on the Antonio Reyes who testified in court today, but we did learn that Antonio is not his real name. It's a nickname given to him as a child. His birth name is Jose Concepcion (I'm not sure of the spelling) Reyes Lira. (Lira is his mother's last name; Hispanics typically use their mother's last name as their last name, but go by their father's last name.) He was sworn to tell the truth and he was asked his name, but did not say Jose, he said Antonio. The judge thought about holding him in contempt of court, but did not. The jury was made aware of this fact when attorneys got to ask him questions. Reyes said he said his name was Antonio because that was what everyone knew him as... Does that hurt his testimony? The state objected to any reference to his real name, but the judge overruled the objection saying the defense has a right to ask him questions about his name in front of the jury because it goes toward his credibility, Cayer said.
I'll be back tomorrow. We ended about 15 minutes early today because the next witness was not in court. That means Det. Bennett nor Shelly Hartley, both with the Caldwell County Sheriff's Office, will be on the stand in the morning. The only thing Bellas referenced to was that he believed the witness would be on the stand for a while.
C-ya back at 11 a.m.

2 Comments:

Blogger craig said...

Well how astounding!!!! An immagrant that uses a fake name,wheeeewwww, thats a new one now is'nt it? I wonder why his legal status is'nt questioned here. Is he a resident alien?? Hmmmm... Makes me wonder.
Having worked with Latinos for the past 13 years I know of only 3 that have been here legally. Does'nt a court of law have the authority to ask their legal status? In this case I think it would be appropriate. After all they are sworn witnesses..They lie to employers why not lie in court too....Seems fair to me..
Only the I N S has the right to ask for legal status, I guess that leaves the bar and the judicial sytem out and the prosecution can use them how they please.. A little threat never hurts to get questions answered how you would like them to be answered. After all it is only a mans life on the line and their credibility as a prosecutor.. I wonder which priority they as the prosecutors have in mind???
Washing a frontend loader when it has never been done before does'nt make a man guilty for asking hired hands to do so.. I have the latino's do lots of jobs that have never been done before for two reasons.One being so they can get their forty hours in and two so they are not seen standing around doing nothing. Does that make me a killer??? I don't think so...Keep up the good work Ms Dubs.

June 20, 2007 at 6:43 PM  
Anonymous Anonymous said...

I see why this insurance topic might look damning in some people's eyes over the past year. But now we get to the truth of the matter. The witness testified:

"...that as a key person at the dairy farm, Emily felt the life insurance coverage was needed."

Looks damning, but Emily wanted the insurance. Not her husband.

We could all pretend that her husband forced her to do it, but there is no testimony to back that up. Or we could formulate a scheme in our minds where Jerry realized that as much as she wanted the insurance, he was going to take advantage of the situation. We could make all that up.

But I think everyone has to be intelligent here.

We should judge based on what witnesses in the trial said, not what we want to think because of some morose need to see a guy hang.

There is no testimony to support the idea that Jerry wanted this money. The witness said it was Emily's idea. That should be the end of it. But I know it won't be. The idea of a jury of my peers is beginning to scare me.

June 20, 2007 at 10:26 PM  

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