Another early day
Has the defense called its last witness? Will we hear closing arguments tomorrow? Will the jurors reach a verdict this week? Will found out next time. Same bat time. Same bat channel.
(Sorry, flashback to Adam West as Batman.)
Seriously, though, we are done for the day. The defense finished up with Jonni Joyce. The attorneys had a bench conference with Judge Cayer, and the jurors were sent home until 9:30 a.m. tomorrow. The judge said after the jurors left that the attorneys need to prepare evidence to pass to the jurors. The defense could possibly call another witness or so. The prosecution has the opportunity to call rebuttal witnesses - that was said in court just now so I know that is true. Then, Judge Cayer said something about a charge conference, when himself and the attorneys will discuss instructions to give to the jurors. We know closing statements will come sometime before deliberation. The question is when is all this going to happen? Sooner or later? Tomorrow also is a short day. One the jurors has a doctor's appointment tomorrow afternoon, so Cayer agreed to recess for the day at 12:30 tomorrow. This week might be the climax of this whole thing. How exciting.
So, Joyce remained on the stand for another 45 minutes. She talked about the video the sheriff's office took of McNeil and Kiser's search. Joyce viewed the video. She said it is inappropriate for a dog to perform multiple alerts at the same spot. She said then the dog is only alerting for a reward. She also said it wasn't proper to have a dog search an area already known to be a crime scene - in this, Kiser searched the toolbox and truck where Emily's body was found. She said that is only training. And she pointed out in this case did not alert at the toolbox until McNeil stood over the dog, which she says is cueing the dog to alert. On cross-examination, Joyce said dogs have a very well-developed sense of smell. She said a dog can alert to 1 ccs of liquid - about the bottom of an average cup - and 15 grams of weighted cadaver material. However, on re-direct, Joyce said it wouldn't matter how big or small of an amount of decomp there was considering the time frame of the crime (Dec. 29, 2005, in this case) to the search (Jan. 18, 2006) and considering it rained several times in between and it was windy the day of the search, Joyce testified. Joyce also testified during cross-examination, she herself hadn't done a cadaver search since 1998. She now makes her living off training handlers and dogs and teaching seminars and making public speeches.
Well, I will be back tomorrow to find out what's going on.
(Sorry, flashback to Adam West as Batman.)
Seriously, though, we are done for the day. The defense finished up with Jonni Joyce. The attorneys had a bench conference with Judge Cayer, and the jurors were sent home until 9:30 a.m. tomorrow. The judge said after the jurors left that the attorneys need to prepare evidence to pass to the jurors. The defense could possibly call another witness or so. The prosecution has the opportunity to call rebuttal witnesses - that was said in court just now so I know that is true. Then, Judge Cayer said something about a charge conference, when himself and the attorneys will discuss instructions to give to the jurors. We know closing statements will come sometime before deliberation. The question is when is all this going to happen? Sooner or later? Tomorrow also is a short day. One the jurors has a doctor's appointment tomorrow afternoon, so Cayer agreed to recess for the day at 12:30 tomorrow. This week might be the climax of this whole thing. How exciting.
So, Joyce remained on the stand for another 45 minutes. She talked about the video the sheriff's office took of McNeil and Kiser's search. Joyce viewed the video. She said it is inappropriate for a dog to perform multiple alerts at the same spot. She said then the dog is only alerting for a reward. She also said it wasn't proper to have a dog search an area already known to be a crime scene - in this, Kiser searched the toolbox and truck where Emily's body was found. She said that is only training. And she pointed out in this case did not alert at the toolbox until McNeil stood over the dog, which she says is cueing the dog to alert. On cross-examination, Joyce said dogs have a very well-developed sense of smell. She said a dog can alert to 1 ccs of liquid - about the bottom of an average cup - and 15 grams of weighted cadaver material. However, on re-direct, Joyce said it wouldn't matter how big or small of an amount of decomp there was considering the time frame of the crime (Dec. 29, 2005, in this case) to the search (Jan. 18, 2006) and considering it rained several times in between and it was windy the day of the search, Joyce testified. Joyce also testified during cross-examination, she herself hadn't done a cadaver search since 1998. She now makes her living off training handlers and dogs and teaching seminars and making public speeches.
Well, I will be back tomorrow to find out what's going on.
posted by THE HICKORY DAILY RECORD at at
3:12 PM
34 Comments:
I would like to know if the definse show the two ladies a picture of Emly with Light hair or dark. if it waslight hair how could they know it was he unless they new her.you don`t see someone one time out at a car or elc. anda week or os later say oh yes i saw them.
Why has it not been told about Rouk the man from tenn,`s men were staying at the hotel across from where her truck was parked. Gary said there may be more arest made but he didn`t get to finsh job.he i think new things that someone didn`t wont told.
whats going on with our co.that they make so many mistakes on something this inportant was not looking in to leads being lazy or because of some rich man plays a part?just wondering not pointing at anyone just look if he did it he may walk just because they didn`t look avery where and yes sorry i dont like pointing at anyone but to much points at hem. and someone elc. why did he have new passport in safe and credit cards was he ready to runaway when he got the money?just thinking out out side my head.
AS Emily's friend I have read every article reported and every comment made anxiously waiting for the proof that will send Jerry to prison to await his justified execution. How very tragic that the proof was never presented properly. Why wasn't Rourke investigated more thoroughly? Why weren't the defense's "witnesses" proven bogus? Why were lab tests left incomplete? Why were "experts" not used to study the murder scene? All Dee and Mike have now are a bunch of unanswered whys. At least they know they did thier best for Em. Too bad the investigators and prosecution can't say the same.
i know about socalled witnesses they come out of the woodworks just to be notised i am being turefull about how i fill.cause i have seen it happen and there for ican`t not and wont beleave they saw her bit more than i could.some so call witnesses said they saw a reck and gave names an phone numbers to the cop
they were lieing we new,but the cop had all six witnesses well in the end the insurance co. on both sides could`nt reach them all had gave wrong phone numbers.now how do we know the witnesses are telling the truth?just because?
Re:Concerned Friend,
I feel for you and the entire family of Emily. It is truly sad that with today's modern technology that the investigation in this case was so poorly done. I would hope regardless of the outcome in this case that the local Sheriff's Office takes a long look at the MANY mistakes made in this case and revamps their whole investigative unit and the way they pursue future cases of this nature. If the defendant walks out of this courtroom a free man I hope someone in the law enforcement community steps forward and pursues this case. The sad part is if a new investigation finds that Jerry is the responsible party then he cannot be charged again.
some of your spelling and text are confusing me terribly...proof read before you post
RE:Tinkerbell,
Who are you referring to in your last post?
I think tinkerbell is referring to junebug. I am curious as to junebug's first language or is this person pretending to be someone else to throw everyone off.
Julius--Where have you been? i miss getting your perspective on how the case is going. What do you think is getting ready to happen today if anything?
junebug
I personally think that Jerry will become a free man by this weekend. My theory is based solely on the evidence that has been presented thus far.
This is not the outcome I hope for....just the way I see things.
The jurors in the case are from a wide variety of backgrounds...one police officer, one single widowed mother of 2, an angry old man are amoung these jurors. So the outcome will be intersting to say the least ..tink out
My top question-still-is how did Jerry get to SC & back? Who? What? When & How?
RE: Tinkerbell--You mentioned some of the make up of the jury--I find it interesting that a former police officer is on the jury. I have been called before and as soon as it becomes known that I was a former officer I was dismissed from the jury pool. You also mentioned an angry old man--what is he angry about other than being on the jury?--Is the former police officer the foreman of the jury? Would make a logical choice and he/she could really steer a jury based on the investigation in this case. I'm still surprised by the presents of a former police officer on the jury.
RE:Tinkerbell,
Your comment about how Jerry got to and from SC and the who,what when and why goes back to an earlier post I made. This was never established early in the investigation because they (investigators)were so focused on this being a missing person or wife that left her husband they failed to do their job. I again will state if they had done their job on Dec. 29 and follwed up on all their leads early that day and the next they would have an answer to everything that you mentioned in your comment. But as the lead investigator testified to repeatedly--"it just did not get done" or "I should have done that" or "no one did that to my knowledge".
Are you sure that a former law enforcement officer is on the jury or is he an alternate?
I know that the state hit one very big bump in the road. After using all of the state's peremptory challenges, the next juror seated is a person who has a family member serving life in another state because law enforcement never tested the evidence collected for DNA and still refuses to test it even now. This person is also a member of the Innocence Project - a program began by attorney Barry Schek who represented OJ Simpson. There are chapters everywhere. Most every law school has a chapter. She insisted that she could be fair and impartial and the state could not shake her from that position. Therefore, the judge had no just cause to release her as a juror. It only takes one member to hang a jury. I am not saying that it will be this juror because I think there are at least two others whose body language have illustrated a high degree of frustration with the state.
I think we all agree that the state's failure to test for DNA on all of the samples of dirt, tree bark, blood stains, etc.... not to mention the rape kit...... stinks to high heaven of at the very least "reasonable doubt" of Anderson's guilt.
Here is something else to chew on -the state offered Anderson a plea to 2nd degree, with time served + 6 years. He refused. He said that he would rather spend the rest of his life in prison than to plead guilty to something he did not do. What do I think will happen? Did Anderson do the right thing? I really do not know. I know what I think should happen and what I hope happens but if I knew the future I would be working in Las Vegas making big bucks instead of sitting here in front of this computer!
Re Julius--Whoa!--When did the state offer Jerry a plea? This sure has not been mentioned in the papers or anywhere else I can find. Do you not find this very unusual for the very same DA that announces they will seek the death penalty in this case to offer a plea deal. Is the jury aware of this deal the state offered? If I was on the jury and I knew this and then they present this really poor case on a defendant trying to take his life I know what my vote would be--Not Guilty.
Can't give you a lot of exact info as to the date of the offer - just know that it was pretrial. The jury does not know of the plea offer and if they were to hear of same it would be adequate grounds for a mistrial. Just as the jury is not allowed to read newspapers and watch news report, they had better not be reading this blog or talking to folks outside the courtroom who are reading it. The plea offer is common knowledge in certain "circles" outside the courtroom. I've had a bee in my bonnet since hearing this bit of news!!!! I guess that is one reason I tend to look at the state's evidence with jaded eyes.
So the state knew before they even started this fiasco that they couldn't prove first degree murder and still they went forward??
What possible reason could they have for moving ahead with a trial they knew they couldn't win? Are Bellas and Tutterow really that inexperienced?
justwatchin,
In my experience and this is not a knock on all attorneys by no means but most who work for the DA's office either are politically motivated and are working there for possible future aspirations or they are just starting out in their career and want to get their feet wet so to speak before going into private practice. However, those just starting out would not be involved in this type of case. Others possibly like these prosecutors have tried private practice and could not make it on their own for some reason or the other and like the fact they have a steady income and benefits from the state. This is not always good thinking because they could lose their job every four years if the District Attorney they work for is not re-elected and the new one has his own people to give jobs to. Just my opinion and again not a knock on attorneys in general. I have seen some very good prosecutors in my time and then some that just should find another line of work.
So whose decision was it to try Jerry for murder? Bellas or Gaither? Were they caught off guard by the defense? By that I mean, the defense sure did do a heck of a job pulling thier witnesses and evidence together. So was the state just not prepared? How could that be if they are experienced in this type of case?
In reference to the Plea that was offered to Mr. Anderson. He was offered a deal and it was rejected. Julis was correct in the quote. That plea bargain, the rejection of that plea bargain and the Latinos are what has kept my suspicions about the DA and this case alive, why offer a plea and then when it is rejected go for death - does not make sense? Was this a political year in North Carolina? A perfect example of an over zealous DA - Mike Nifong re: Duke University Lacrosse Players. He was debarred last month and is the first sitting district attorney in the history of North Carolina to be disbarred.
What if like in the Duke case Mr. Anderson didn’t commit this crime? Are we willing to watch an "accused" individual go to prison and ultimately death because we think that we know what happened? Look at the evidence. Let it speak for the victim.
If you are involved in any way with any side or any member of the family of either side, you cannot objectively look at this case and pass judgment. Let the Jury decide based on the evidence that is presented. Due Process, he is entitled to that. Ultimately, whoever committed this crime will be Judged and convicted and they will have to pay the ultimate price.
Julius-the young lady you are referring to is about 19-20 years old-white and yes, her grandfather is serving a life sentence for murder up north somewhere-I believe Pa. She works full time a Chill's and also attends Gaston College. Very sweet girl-she was in my jury pull. I was very shocked they chose her-with this family back ground and all. The person I am referring to is John Bingham-he may or may not still be employed as a police officer in Stanley-but I know he was at one time.
every since I became fixated on this trila I have time & time again ask the question of how Jerry got to SC & back without being missed for 4-5 hours
Re Soccerjox,
Yes it was political year in North Carolina for Sheriff's elections and I assume the DA's office. Also the charges that where brought against Jerry where for First Degree murder when this whole thing started if I remember correctly. That was what he was indicted by the Grand Jury for and if I recall correctly there were folks on television from the Sheriff's Office and DA's office announcing they would seek the death penalty in this case. I do not know when the plea offer was made but I assume as Julius said it was sometime before the trial began. The state probably never read the case file real well up until then because if they had they would not have pursued this case as a first degree murder trial and sought the death penalty.
R/I, just way too many unanswered questions, many of them brought up by the prosecution, and way too many janitors in the kitchen, like Keith Keen, the doggie guy, and the farm help doing law enforcement's job. I don't really think the jury would stand for a manslaughter charge, much less a murder charge. It's like my I&I instructor, a 35 year FBI Master interviewer used to say, "That's a clogger". No weapon, no forensic connection, that's a big clogger. Then you have the prosecution that kept pulling the handle and now the bowl is overflowing with the dog search, Kieth Keen doing OJT as a CSI, all these witnesses that weren't followed up on, other evidence that wasn't handled properly or submitted. This case hasn't only clogged, but is flowing out the door at a high rate of speed. I really believe that one way or another, a killer will go free, but we have no idea who the killer really is. The S/O and the prosecution didn't prove anywhere close to it being Jerry, nor have they ruled out other possibilities.
this case has been a "FUBAR" from the beginning.
The ultimate decision on going forward with a charge of first degree capital murder is that of the duly elected district attorney, Jay Gaither. Bellas and Tutterrow work for him. Have you noticed that Gaither has been obviously absent from the courtroom - the courthouse, for that matter! I agree with soccerjox - our system must run its course - Anderson deserves due process and the guilty party or parties will some day face the ultimate punishment.
Ret-investigator: you know from experience, had you gone to trial looking to take a man's life, you would have completed research upon research. You would expect the DA to pull out his most experienced assistants to work the case. None of that happened here.
Tinkerbell: the reason the nice young lady was left sitting on the jury was because the state spent all of their "freebee" challenges and had none left to use except for just cause. You always want to keep one in your pocket just in case you have something like this surprise you.
Re Julius,
You are exactly correct about the DA being the final say on what charges a case will be tried under. You are also correct in most DA's would have their most experienced assistants try these types of cases. I know from past experience that the District Attorney himself has tried high public profile cases such as this one because I was an investigator on one such case. I do not know this Gaither guy but sounds to me like he is keeping a low profile because he is worried about his own neck politically. I bet if the jury finds the defendant guilty he will be all over the news networks doing interviews promoting himself. Pretty disgusting he is not around supporting his staff. He probably is trying traffic cases as a stand in.
Re Julius--One other question for you--Who is the investigator for the DA's office or do they have one? I know most have an investigator that works for the DA and he/she can work with law enforcement in gathering information and also is generally a seasoned law enforcement veteran.
ret_investigator, I always enjoy your comments. You bring an interesting perspective to the blog with your law enforcement connection. Could you tell where and when you were an investigator? Don't mean to put you on the spot, so I'll understand if you don't want to answer.
I am not really sure who the DA's lead investigator is at this time. All of the experienced staff either left voluntarily or were terminated upon Gaither's election with the exception of just a handful of people.
The witness coordinator is Sheriff Huffman's daughter. I do not know if she works all three counties or just Catawba. Regardless, I still believe it is ultimately the lead DA's responsibility to interview each and every witness he plans to call at trial at least twice before putting them on the stand - once at the beginning of the case preparation and again before trial to see if their statements are consistent.
As you know, RI, witness' statements are part of discovery and must be made available to the defendant before trial. There were over six thousand pages of discovery in this case. All pages were downloaded to a CD and each side had a laptop handy. Whenever Anderson was looking at his attorneys' computer, he was reading another statement, report, document, etc... he was not keeping up with the blog!
According to the Hickory Daily Record website, the charge conference resulted in two choices, guilty of first degree murder or not guilty -
no lesser included offenses available. I'll do some checking into that and determine if that is the case. Closing arguments are scheduled to begin tomorrow.
Not only should Jay Gaither be removed from office, he should be disbarred. Why do we stand for this kind of prosecutorial misconduct? I'm glad there's finally some reporting on the abuses of the DA's office - this kind of stuff goes on a lot more than one might think.
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