This case goes on...
Sorry for the late entry. We just now are taking the afternoon break, which hences that the case was not declared a mistrial. In fact, once we resumed at 2 p.m., the defense withdrew its motion for a mistrial. For the following hour, Cayer heard brief comments from Sgt. Brian Brackett and Maj. Jeff Stafford about Dee Watson's comment Jerry reportedly made at the Sawmills funeral. In the end, Judge Cayer ruled that there was no violation of discovery (basically meaning the state did not break any rules regarding the statement Watson made).
At 3:10, the jurors were brought back to the courtroom and Dee Watson returned the stand. That lasted for about five minutes before the jurors were excused again. Again, Lisa Dubs said Watson was testifying to statements that the defense has never heard. She was upset that the defense had no idea what was coming from Watson's testimony. "We don't have the first clue" what Watson's testifying to. Now remember regardless of your opinion Jerry deserves a fair trial. North Carolina has laws to make clear both sides are aware of all evidence, interviews, etc.
In the end, the judge allowed Dee's comment which was that she spoke to Jerry Anderson before he left a memorial service in Kentucky for Emily. She invited him to the church basement for food, but Jerry said he wanted to get back home... Is that damning? I'm not a lawyer, but it doesn't seem so. It's up the jurors, though, what they think.
Watson remains on the stand. Dubs is taking her turn asking Emily's younger sister questions. During this questioning, Jerry mostly looks forward with his hand(s) on his chin. He'll answer questions his attorneys whisper to him or he'll write notes or questions. Mostly he stares straight ahead, watching, listening and waiting.
I'll be back at 5. I'll try to recap Watson's testimony and we'll see what happens in the last 45 minutes.
At 3:10, the jurors were brought back to the courtroom and Dee Watson returned the stand. That lasted for about five minutes before the jurors were excused again. Again, Lisa Dubs said Watson was testifying to statements that the defense has never heard. She was upset that the defense had no idea what was coming from Watson's testimony. "We don't have the first clue" what Watson's testifying to. Now remember regardless of your opinion Jerry deserves a fair trial. North Carolina has laws to make clear both sides are aware of all evidence, interviews, etc.
In the end, the judge allowed Dee's comment which was that she spoke to Jerry Anderson before he left a memorial service in Kentucky for Emily. She invited him to the church basement for food, but Jerry said he wanted to get back home... Is that damning? I'm not a lawyer, but it doesn't seem so. It's up the jurors, though, what they think.
Watson remains on the stand. Dubs is taking her turn asking Emily's younger sister questions. During this questioning, Jerry mostly looks forward with his hand(s) on his chin. He'll answer questions his attorneys whisper to him or he'll write notes or questions. Mostly he stares straight ahead, watching, listening and waiting.
I'll be back at 5. I'll try to recap Watson's testimony and we'll see what happens in the last 45 minutes.
posted by THE HICKORY DAILY RECORD at at
3:58 PM
2 Comments:
Thanks for your excellent coverage.
"...the defense withdrew its motion for a mistrial"
I'll bet the defense withdrew their motion for a mistrial because they think they can win this. Why have a mistrial and let Mr. Anderson wallow in prison for a few more months when they could have him free and clear in a week or so.
Slight gaff on Dubbs part though. If she never made the motion for a mistrial in the first place, she could have used Dee's hear-say to make a case for an appeal if needed. But the fact that she made the motion and withdrew it inadvertently conveys the message that she thinks Dee's comments were OK. You can't play it both ways in front of the appeals court.
Which again suggests she thinks she's going to win this here and now.
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