Coincidence or first-degree murder
Well, folks, we did not finish with closing statements today. Eric Bellas was still talking when the judge recessed us for the day. The jury did not get the case. It will probably be mid-morning tomorrow, but again, that depends on how much longer Bellas talks. He began speaking at 4. He talked of "coincidence or first-degree murder." In fact, he raised 12 points and asked coincidence or first-degree murder. His first point, he said the last time Emily was seen alive was the morning of Dec. 29, 2005. Martin Tellas testified between 9 and 9:30. Antonio Reyes testified he didn't remember the time, but saw Jerry return from the field around 9:40 without Emily. Coincidence or first-degree murder, he asked, as he turned and stared at Jerry. Emily never returns and Jerry asks Antonio to tell the other workers to wash the front-end loader all over. Coincidence or first-degree murder, Bellas asks. At the dinner party, Jerry tells host Jenny Wilson that Emily's running late. He eats. He never calls her again after 5:30. He reports her missing later that night in a blue sweatshirt, a blouse or turtleneck, jeans and brown hiking boots. Guess what's she found in. Coincidence or first-degree murder, Bellas asks. The insurance policy is worth $4.5 million. Some is payable to Jerry, others Carolina Holsteins and lenders. Bellas said it's a win-win for Jerry - he is out of debt and gets money. The prosecution believes Emily died in the wooded area behind the farm, where grass was high and bush-whacked. When Emily's body was found, it was covered with dirt and grass, Bellas said. Coincidence or first-degree murder, he said again.
Bellas will continue tomorrow. Man, what do you believe? Campbell and Dubs put up great points. Bellas counteracts just as strong. It's not my decision to make. I just report what happens in court. The jurors will make that decision - possibly by tomorrow. I will be back then.
Bellas will continue tomorrow. Man, what do you believe? Campbell and Dubs put up great points. Bellas counteracts just as strong. It's not my decision to make. I just report what happens in court. The jurors will make that decision - possibly by tomorrow. I will be back then.
posted by THE HICKORY DAILY RECORD at at
5:02 PM
22 Comments:
First Degree Murder, but not-guilty verdict.
Interesting--Same guy who offered a plea deal before the start of the trial is talking "coincidence or first-degree murder" go figure. If you did not have the evidence to convict for first degree murder from the beginning "coincidence or plea to second degree". I still say we never know what the jury is thinking but I've changed my mind on my opinion--I think the jury will find him guilty but not sentence him to death. Even as sloppy as this case was investigated and presented by the DA I think this jury will find him guilty. I know what I've said all along but I think Dubs has over done it in her closing arguments. Way too long and this is a signal to the jury that she is putting all her eggs in the basket to over discredit the state's witnesses which she should do but I just think she over cooked it.
So many unanswered questions? How did Anderson get back from SC? Isn't it convenient that Keith Keene is Chris Brackett's brother-in-law? This is the second murder investigation Chris Brackett was involved in that wasn't handled in a professional manner?? What are his qualifications? Anderson wasn't arrested until the night Gary Clark came back from his Vegas trip? Convenient to his campaign for sheriff?
Here is the main thing that bothers me about this case. If Jerry Anderson is truly innocent, why did he not take the stand. If my freedom and my life is on the line, you can be assured I would look those jurors in the eyes and try my best to convince them of my innocence. I would explain in detail why it was not me who commited the murder. If the defense has argued effectively for my case, then why not go for a "slam dunk", and proclaim my innocence. Why leave any chance of a guilty verdict or a hung jury? If I were in Jerry Anderson's shoes and I were innocent, I would answer any question thrown at me, as I would have nothing to hide. By not taking the stand in his own defense, I believe the man to be guilty. Ask yourself, if you were truly innocent, wouldn't you take the stand in your own defense? It is my opinion that the truly guilty almost never take the stand in their own defense.
Closing arguments sure have brought upon a lot of changes in todays posts..A lot of new names or as ret said using an alias..Even anger and changes in outcome,seems quite interesting..From Jennifers post today the prosecutors made their point with "coincedence" mentioned over twenty times..In reference to "gut" feeling in Jerry's guilt, I could not convict on gut feeling..I am human and I make mistakes..I need proof beyond a reasonable doubt in a case for where a persons life is at stake, literally..
As pal joey said,if I were innocent I would have to make defense for myself and speak for myself in fear for my life....On the same hand, that does not make a person guilty..Laywers and Judges run a courtroom an individual does'nt stand a chance..Following an Attorney's advice could be a good thing in letting them do the speaking.
Ultimately, it is left up to the jurors...We can only speculate as we all have...Thats why this is a forum of opinion and we are not jurors...Simply people stating our opinions as we are privy to under our American Constitution....It has been interesting to say the least.....
Jerry was most likely strongly encouraged NOT to testify by his attorneys. The first time he told these people he didn't have anything to do with Emily's murder, they arrested him, and look at the evidence they had.. nothing!
I think the jury will do the right thing and come back with not guilty. I think during the judges instructions tomorrow the jury will understand that the state had to have proven beyond reasonable doubt that Jerry planned and then committed this murder. The state didn't even come close to proving this crime was premeditated. From what I can tell, they never even offered evidence that showed he was planning this murder. If he didn't plan it.. he must be found Not guilty.
after this is done and if the jury finds him 'not quilty', will the county start looking for another person that may have done this?
It’s not worth refuting all the prosecutions lame points. But I’ll take on one.
“The prosecution believes Emily died in the wooded area behind the farm, where grass was high and bush-whacked. When Emily's body was found, it was covered with dirt and grass.”
Oh, I think I’ve heard about that farmer’s field over in Sawmills, the one with dirt and grass. Obviously she died there because no other place on this planet has dirt and grass. Great work detectives!
I hope this jury can think and see through this con job.
Most everyone agrees this investigation was mishandled and the DA is related to big money and power?
Coincidence or first degree politics as usual?
justwatchin that's an excellent point. The prosecution made no effort to show this crime was premeditated. So even if the jury thinks Mr. Anderson did the murder, if he didn't plan it beforehand, then he is not guilty of 1st degree murder and therefore not guilty of all charges.
Just another prosecutorial blunder I suppose.
Hey Allsion- I think I saw a farm in Southern Caldwell County too that had dirt and grass too. OMG! Am I living near a murderer?
Allison, I believe more insurance was taken out in November, her will was changed in November, just coincidence?
Justwatchin' He wouldn't have been talking to law enforcement but to the people who will decide what happens to him. I think I would have took a chance and told my story. Couldn't have hurt.
I live in Caldwell County and our taxes just went up 22%. Maybe now they can hire real detectives.
Re: Craig--Glad to see you in the post today. I know that I have changed my feeling on what I think the jury will do. I have said all along that they will find him not guilty but today I have changed my mind--I think they will find him guilty but not sentence him to death. As I stated in an earlier post I think the defense attorney (Dubs)overcooked her closing arguments. I do however disagree with several of you about the defendant taking the witness stand. Any good defense attorney will never allow that happen regardless of the evidence. You never want to give the other side a chance to get you on the stand and twist things around and possibly get you mad and you show all this emotion on the stand in front of the jury. Just not a smart move at all.
Caldwell County probably went up on taxes because they see a lawsuit coming. We have to admit Caldwell County doesn't have TV's CSI. Did anyone look at the possibility of another white female that could be involved. The black lady in Duncan at the motel who was interviewed by the news crew said ,"A brown van pulled up and she got out and walked over to the truck." That sounds like to me she may have thought that this individual was Emily, but could have been another white female. I don't think either side of this case sought her testimony or am I wrong? By the way I didn't understand a comment made asking what," the Ramseys and other worshipers of Anderson would think." Maybe I misread this and I'm not picking a fight. Just because someone who has been a friend and neighbor is suspected of a crime or some accusation and you find it hard in your heart to believe they could be guilty but you really don't know, are you wrong to support them morally? I think the law says innocent until proven guilty. Of course it also says a fair and speedy trial. Why has this man had to wait for something to happen well over a year? The Ramseys are wonderful people but they don't worship Jerry. He is a poor soul that needs prayer whether guilty or innocent and we'll all have to wait for God to help these 12 who will decide his fate.
I guess CSI would have to test the dirt and grass in NC vse SC. Shame on this redneck justice. I feel sorry for the man who inherited this CCSD mess.
Fingers crossed... hope they give the S.O.B. what he deserves.
However it comes down though, I think there will be divisions in this community that won't be healed for a long time. Nobody's mind is going to be changed either way at this point.
Twobits,
I watched the Ramseys herd retired people into the courtroom and make faces when something was said that didn't fit their belief. I'm not from NC but I do know there are good people living there. In my opinion this is all very politically motivated. If you supported Clark for Sheriff, then you are totally wrong because he was in office when Jerry was arrested. Stop your hate of Clark Supporters and open your eyes to what is known in this case. Jerry and Emily went into the woods, Jerry came out Emily didn't. Jerry had the oil filters changed and dated 29 Dec to establish an alibi. This whole case has been a nightmare. And the speedy trial remark you made. Check the records and you will find that Dubs and company delayed the trial. It was not Clark, DA, CC police. I drove many times to NC from NJ for hearings that were posponed by Dubs. But believe what you want, I fought to ensure you have that right and I would fight again to prevent you from loosing that right. Soon the jury will make the decision, Guilty----Not Guilty. They will not render a verdict of innocent. I just hope that the good people of Sawmills can come back together as they were before all this happened. (NO MATTER WHAT THE VERDICT)
Lee - I'm glad you done what you did for our country and you are to be commended for that. All of that aside now, you say in your post "open your eyes to what is known in this case." What I think you meant to say is open your eyes and look at what the prosecution presented. Because to me I could have very easily said the same thing and then pointed out that Tony Ramsey saw Jerry at the time he was supposedly killing Emily and Steve Killian saw Emily at a convenience store at the time she was being murdered. And the Hispanic isn't credible because he lied under oath as to his own identity. I understand you feel very strongly about Jerry's guilt and that's your right. But be sure to present the facts as they are presented in court.
As far as everything being polictically motivated, yeah you're right. You can't get away from that anywhere anymore. Did Jerry's arrest help Clark get elected, possibly. Do those who think Jerry is innocent think Clark was wrong for arresting Jerry, well....duh. It's not so much a hate for Clark/his supporters or what he done as it is a disagreement with what he did. Just like you disagreeing with those who think Jerry is innocent.
This side of eternity I don't think we'll ever know what happened to Emily. Whether Jerry is found guilty or not guilty there will always be those questions lingering and as a resident of Caldwell County I don't have any faith that our Sheriff's Department will be able to answer those questions. Not with the current staff anyway.
I have been just reading and watching these posting thru out this trial-there have been some good points brought to the table. But now the time has come to post my thoughts-Jerry's world has been turned upside down by this tragedy-BOO HOO-Let the man hang.
Observer of the obvious,
You are so correct! Gut feeling, Guilty, evidence presented........?
As far as the lady that saw Emily? The worst witness is an eyewitness. They are usually led into a conclusion, either by the State or the Defense. It just matters which one got to her first. I personally think the State should question her to find out if she has a motive for reporting a well dressed Emily. She was found in the same clothes, with the same dark brown hair that Jerry reported to the police when she first went missing. The hair dresser reported on 28 Dec that Emily had Blonde hair...again Jerry said Dark Hair. Nothing matches and I think the DA should have had all this cleared up prior to the trial. Today should be very interesting!
Lee - You misunderstood me. I'm not talking about the woman at PD Grocery. I'm talking about the man, Steve Killian, who saw her in a truck at the convenience store where a man with long hair got into her truck. Or what about Tony Ramsey seeing him that day and at that time. Do we just throw it out the window because it came from the defense?
I agree with you that some witnesses can sometimes be led towards their "accounts" of what happened depending on which side gets to them first, State or Defense. The problem is the state had a big head start on the defense and didn't investigate these two accounts like they should have. Again another example of rush to judgement. Had they done their job right the first time then they could have with confidence hopefully found the person who killed Emily (whether that was Jerry or someone else) and proved it without a reasonable doubt. The state didn't do that so that has to put some amount of doubt in anyone's mind that there is a chance Jerry didn't do it. And don't get me started on gut feelings again those are about as useful as a screen bottom boat.
It appears that Bellas is sticking with his theory that Emily was killed on December 29, in the woods on the farm. For us the believe this theory, we also have to believe that 2 forensic experts were WRONG in saying that Emily was only dead for 2-4 days. One of these experts was even a prosecution witness. I can understand why Dubs would say to the jury "how can you be sure when the prosecution isn't even sure?"
The testimony of 2 experts carries a lot more weight with me than a theory put together by an attorney.
Ret-Inv - I'm a little surprised by your change of heart. From what I can tell, you're basing that change on Dubs "overcooking the closing". I think the attitude the jury has toward Ms. Dubs will carry a lot of weight with them. If she's come across to them as genuine during the course of the trial, they'll stay with her for the closing. If they've been reluctant to follow her during the trial, you're right, they'll think she was too dramatic.
Bellas and Dubs/Campbell had to sell themselves to the jury. Just like selling a vacuum cleaner, the person who PRESENTS the best case to the jury will get the most favorable outcome. I haven't been in the courtroom so I can't really say how charismatic any of the players are. Although JM seems to paint Ms. Dubs as rather colorful.
I, too, am embarrassed how CC has handled this case. Sadly enough, Gary Clark's passing was at a very bad time. I do feel that, if Gary had been alive during this investigation, things would have been much different. Oh well. Our next election should be very interesting. May God be with the jurors as they try to sort through this pile of garbage that holds a man's life at stake.
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