And the drama beats on...

All right, I'm back at the office, so let me fill you in. At the end this afternoon, Lisa Dubs expressed her frustrations to the video of the cadaver dog search and Hartley's testimony. Dubs said she was appalled that the video was presented as a valid cadaver dog search and no one ever disclosed the video was a "recreation." See, Hartley testified that she was not there for the beginning of the search that she was called down from the office area at the barn to film the cadaver dog searches. Hartley testified that when she got there Kiser was in the car and McNeil was there at the vehicle. McNeil then got Kiser out and they did another search. Dubs said no wonder he alerted to the tree on the film because he previously alerted to the tree and got a treat. So why wouldn't he alert again? He knows he's getting a treat, Dubs said. Dubs was so upset because she said this was the fourth time this week the prosecution has been "shocked" by its witnesses testimonies: Watson and her story about Jerry sharing a murder story and laughing at Emily's funeral; McNeil's testimony that Kiser alerted three times at the tree; Arant's information that another man told him Jerry said he was going to use Emily's insurance money to pay off bills (before Emily's body was found), and that was not testified to in front of jurors; and finally, Dubs argument that the video is a recreation.
This afternoon, after 5 p.m., the judge asked Hartley to return to the stand. Cayer asked Hartley the circumstances surrounding the video search. She said she was asked to come down there and videotape the dogs. She said the dog had already been down there. She remembered McNeil getting Kiser out of the car and them going back into the wooded area. But she said she would have to review the video to answer further questions that the defense had. Cayer is giving her the weekend to review the tape. He also instructed Hartley not to discuss what just occurred in the courtroom with anyone at the sheriff's office; that's because Hartley was gone during the beginning of Dubs' argument.
What does all this mean? What if the judge says Monday morning the video is a recreation? The jury has seen it twice!! Will this be a mistrial if the video is a recreation? I would say I doubt that because I know all parties want to get this trial over with. But is it fair that McNeil testified his dog alerted three times at a tree, if he was led down there or if he alerted just for a treated?
Is it Monday yet? I'll be back around 11.

The week comes to an end

I have to be short because we just got out and the courthouse is shutting down. Hartley testified there were five fingerprints on the inside of the toolbox above where the head of Emily's body was found. Maybe a hand? She didn't say. Nor did she say whose fingerprints those were. They were sent off to the SBI, which some officers might take the stand next week. Hartley showed more photos, this time of items seized from the Anderson farm. She quoted a passport, insurance policies, checkbook stubs, Emily's will and death certificate, to name a few. She also testified about the video tape. She recorded a portion of the cadaver dog search, which caused some major drama, but I'm going to have to leave you in suspense. I am getting the boot from the courthouse, it's Friday. I'll post tonight!!! Come back.

Evidence talk begins

Here's a really disturbing thought. Caldwell County Investigator Shelly Hartley is on the stand. She was the evidence technician for the Anderson investigation. A day after Emily's body was found, Hartley was taking finger prints. She found several prints on the inside of the toolbox above where Emily's head was when the body was located. Hartley did not say how many prints there were, but referenced two as she was showing the jurors photos of those prints. Hartley also hasn't said whose finger prints those are. What an awful, awful thing if it was Emily, maybe still alive, pushing at the toolbox. I can't imagine. That is just so awful. It makes me super... I don't know, sad or sympathetic, or something.
Here's something for CSI lovers. Hartley described her she got the fingerprints. It's called super glue fume. You use hot water, super glue, a candle, with a candle holder and foil. Once the flame hits the super glue, Hartley says it makes a fume. Then, if there are any prints, a white film is left. How interesting. I watch CSI. Not sure if I've seen that one.
Hartley is early in her testimony. Arant finished up after the defense asked a few questions. He said a South Carolina bank loan that Carolina Holsteins owed was around $900,000 or $800,000. He agreed that Jerry made payments over the last year or so before his arrest to have the loan down to just owing around $350,000. Arant also testified that Jerry was a hard worker with a good work ethic - one reason they all wanted to go into business with Jerry. Arant also said he didn't recall seeing Jerry with a gun but one time to distract some birds away from the cows.
Hartley will more than likely remain on the stand the rest of the afternoon. I'll be back then.

Shareholder says Jerry never paid up

Perry Arant was a silent partner/shareholder with Carolina Holsteins. Jerry Anderson owned 50 percent of the shares and Arant and his partners spilt the other 50 percent, with Arant having 25 percent of that. He said around 1997 or 1998 he and his partners wanted out of Carolina Holsteins because the dairy farm was growing too big too fast for Arant and his conservative partners. They came up with an agreement: Jerry would buy out their shares. Terms of the agreement were Jerry would pay $66,600 in outstanding mill fees to Arant's business, $5,000 owed to Arant and $17,600 owed to the other two shareholders. Arant testified those terms have never been met. Nor were the shareholder's names removed from certain notes. So the day Jerry Anderson got arrested, Arant consulted an attorney to confirm he still had shares in the business. He then testified he helped resolve the dairy. The judge is not allowing any testimony concerning financial conditions or lawsuits at or after the time of Jerry Anderson's arrest. The prosecution tried to argue those facts were important to its case because the debt Anderson had goes toward motive, Bellas said, but the judge is not allowing it.
Arant did not testify to the comment I reported in the previous blog. Therefore, the jurors did not hear what Jerry reportedly told another man who told Arant. That was double hearsay, Dubs argued.
The jurors left 15 minutes earlier for lunch while the attorneys and judge discussed a few matters, one being when the state might rest. Bellas said he was originally hoping that would be today, but given the lengthy cross-examinations, the two days of testimony without the jurors present, Bellas said the prosecution will take up most of next week. Then, the defense begins, and I believe, has even more witnesses to call. I bet we have three, if not four more weeks until a verdict. But it will be here before you know it. Can you believe it's been 17 months since this all began?

Here we go again

Hey, guess what? We have a new witness who remembers something that he hasn't told anyone until just recently. This is a good one, too. At 10:45 a.m., Wilford Perry Arant Jr. took the stand. Information about his testimony was handed over to the defense just this morning. So, Lisa Dubs objected to the potential testimony saying the defense team doesn't have time to see if his testimony is true or not true and Dubs said Arant's testimony is double hearsay. Reportedly, according to the discovery Dubs read just now, Arant was told by a Doug Baldwin (an out of state banker) that Jerry Anderson said he was going to use the insurance money he got from Emily's death to pay off some bills. This statement Jerry reportedly made to Mr. Baldwin, who told Mr. Arant, was reportedly said before Emily's body was found. What a damaging statement. I can see why the defense is mad. They have no real good arguments to discuss with Arant about this comment because they just heard about it this morning.
When we get back in session, the judge is going to hear (without the jury there) what Bellas plans to ask Arant. Then I guess he will make a decision whether or not Arant can testify. This makes, what, the third time this week something has popped up to a witness. Both times the witnesses have been allowed to continue testifying to the new statement. Interesting...
So, McNeil finished up his testimony at 10:45 a.m. It's funny to watch is demeanor. He's hasty answering Robert Campbell's questions. He's more calm answering Eric Bellas' questions. In fact, McNeil said Steve Wright (the DA's investigator) is welcome to come visit him anytime. McNeil said he regrets ever talking to the defense team. However, Campbell asked McNeil if he remembered telling Dubs, when the defense met McNeil on Memorial Day, cherry moonshine would be available at an upcoming seminar if Dubs wanted to attend. McNeil said it probably would be there but he doesn't know who brings it.
I'll be back at lunch - I promise I'll stay away from the moonshine between now and then.

What a day

I wish I knew what the jurors were thinking. They don't show a lot of emotions. Every now and then a few will laugh if the witness says something funny. Today, Roy McNeil said a man dressed in a yellow protective suit looked like an alien. The man was wearing the suit to prevent any evidence being damaged. Mostly the jurors just sit there. They are paying attention. They are taking notes. After lunch, the jurors were called into the courtroom at 2:15. About 15 minutes later, they were excused while the judge heard McNeil's answer and heard objection from the defense. When the jurors were asked to leave (and this occurs a lot) they show no emotion. It just seems like it might be frustrating. I'm sure they have jobs they are missing because of this. At the same time, I'm sure they were all instructed that this was going to be a lengthy process - seems like a very lengthy process. We are into week two. The prosecution is still calling witnesses, and they haven't called that many.
Anyway, this afternoon Campbell continued to question McNeil's expertise. The jurors again watched the video. Campbell asked if McNeil say bugs that day. No, he said, probably because it was too cold. He asked about his dog's alerts, quoting off five alerts, when other experts would say the dog should only have one trained alert. McNeil said the dog will alert and then paw for a treat because he made a hit. McNeil said the dog sometimes foamed at the mouth because that came natural to the dog. Campbell asked McNeil if the dog was foaming at the mouth around the tree. McNeil pointed that out. Campbell asked if the dog was foaming at the mouth around a dead deer. McNeil said he couldn't see that.
Alright, I'm getting the boot from the courthouse. That's pretty much the afternoon. You could tell McNeil was getting heated. He sometimes said, I'm not going to argue with you, and he'd push the point that, 'Sir, I've already told you that,' explaining his records were destroyed by water.
I'll do a recap story for tomorrow's paper. I'll be back tomorrow morning. So will McNeil. He remains on the stand under prosecution questioning.

An eventful afternoon

My head hurts. The dog handler is all over the place. Let me start from the beginning, well since 2 p.m. The defense argued, without the jury there, that Roy McNeil was changing his testimony and testifying to evidence they have not heard before. That was unfair because the defense said it would not have time to investigate and find out if the information is accurate. The defense asked the judge instruct the juror to disregard all of McNeil’s testimony heard so far. The prosecution argued that McNeil’s testimony was a matter that could be available for cross-examination and should not be struck from the record. The judge agreed. He said if the witness gives conflicting testimony, the defense should bring it up during cross-examination.
That’s just what the defense is trying to do. Robert Campbell asked McNeil if he sometimes shared beer with his dog. McNeil replied that he was not supposed to talk about Kolby. Campbell asked again if he told the court during the May 13 mini-hearing if he sometimes drank with his dogs. McNeil said the dog sometimes get back wash out of a can. The exchanges started heating up then. Campbell asked about the moonshine auctioned off at the training seminars McNeil attends. At first McNeil said no sir, he wasn’t aware of that. Then he said he knew moonshine was auctioned off but he did not take part in that and absolutely not did he give his dog moonshine.
Then we get into the big ordeal about the records. According to an email McNeil sent the DA’s office, there were some records in Clyde, N.C., that he could not get to because those were N.C. Search and Rescue records, not his. Then out of the blue, he says the records were destroyed by Hurricane Ivan. Where did that come from? So now, McNeil’s records have been destroyed twice, once by Hurricane Ivan and then without the last month or two when heavy rains came through his home.
Now, they are discussing a diagram and email McNeil sent about the search around the front-end loader. In a May email, McNeil reportedly said an alert was made around the tractor. McNeil testified that was a mistake. They were getting into that at the break… I hope this doesn’t confuse y’all. I’m trying to make sense of it.
I will say that McNeil did testify that his dogs made a trained alert (of decomposing scent) around a tree in a wooded area near the Anderson farm, in the toolbox and at the truck. That was also shown on the video viewed by the jurors. I’ll be back.

More drama

Some trouble may be brewing around the dog handler's testimony. About 15 minutes before our lunch break, the jurors were excused until 2 p.m. The judge needed to hear some arguments concerning Roy McNeil's testimony about his search at the Anderson property with Kiser. According to McNeil (today), Kiser took two rests and alerted three times to some type of decomposition around the base of a tree in the wooded area behind the Anderson farm. Apparently, this was new information to the defense. The judge asked the jurors to leave and without the jurors present, Robert Campbell asked a few questions to confirm McNeil said Kiser took two rests and made three alerts. Campbell then asked McNeil if he's told that information to the DA and Steve Wright (the DA's investigator) before. McNeil said yes he's told them that several times and he saw them take notes on that information. But then when Bellas asked McNeil if McNeil has told anyone with the DA's office that information, McNeil said no. The defense objected because (ready) they said Bellas was shaking his head no as he was asking the question. Now, I couldn't tell if he was shaking his head or not. Bellas tends to use his hands and head when he's talking. The judge said he didn't see anything. McNeil went on to say that he hadn't provided those details to the DA's office before and it was his fault he didn't tell them that. He said those memories came to him as he was watching the video (of Kiser's search) earlier that morning. Wow. It's amazing the things that apparently come to people while on the stand. My question is, which is it Mr. McNeil? Did you tell the DA's office your dog had two rests and made three separate alerts or did you not tell them?! He is so conflicting. He was conflicting last Wednesday when he was on the stand. This guy is qualified as an expert witness. It's not my decision, but I'm looking forward to finding out what is going to happen this afternoon. Both counsels will get to make arguments whether this is new information to both sides - or just the defense. If the prosecution knew the information and didn't share it, they could face discovery violations. We'll find out. I'll be back this afternoon.

Deja Vu

The morning finally got started around 10:15 a.m. First the defense had to review new discovery, including an edited video of the dog handler's K9 Kiser. You know what that means! Our dog handler from Buncombe County is back. Roy McNeil took the stand this morning. Now, he'll share his experience and the Anderson search that involved his dog Kiser. No Anderson evidence has been testified to yet. We know a video is coming. Right now, McNeil is just going over his background and experience - he's been involved with search and rescue dogs for about 10 to 12 years and has attended dozens of seminars. McNeil has said a couple of interesting things, such as each person has his or her own unique scent, but we all smell the same once we die.

For a reminder of McNeil and his doggies go back to last Wednesday, Thursday and Friday's blogs. McNeil was on the stand all day last Wednesday. I'll be back at lunch.

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.

Farm worker still on the stand

Antonio Reyes had a question of his own. He wanted to know, "Why is she laughing at me?" Talking about Ms. Dubs. I couldn't see Dubs' face, so I don't know if she was laughing at him or not, but the judge told Reyes he can't ask questions that he answers Mr. Campbell's questions.
Since returning to the stand, Reyes told the jurors while answering Eric Bellas' questions that Jerry told his employees if the police asked them if Jerry was at the farm the day Emily went missing to say he was there all day. Why? "Because he was afraid he would get blamed for the murder of his wife." Jerry reportedly wanted his employees to say he was there all day Dec. 29, 2005, but Antonio testified that Jerry was not there between about 11 a.m. and 4:30 p.m. Reyes also said Jerry kept several guns at the farm and in his truck, including long ones, maybe riffles.
Things starting to get confusing when Robert Campbell began asking questions. All of the sudden, Reyes was saying it was 8 a.m. when he saw Jerry and Emily go down the road behind one another, not around 9. Reyes then said it was 9 when Jerry returned, not 10. Campbell asked him which one it was, was it 9 or 10 when he saw Jerry come back to the office? Reyes said it was around that time, he just wasn't sure.
Reyes testified he was questioned the night Emily's body was found. Reportedly, according to a question Campbell asked, Reyes said, "She was in another state." This was reportedly before Reyes knew the truck was found in South Carolina. Campbell asked Reyes how he knew that. Reyes said he didn't remember that comment.
Reyes also testified that he saw a strange vehicle the Monday before the Thursday Emily went missing. He said Jerry went to the man in the truck, but Reyes didn't know what Jerry said. Some time later, Reyes said he saw the truck again. He wrote down the license plate number and gave it to police. Nothing else was really mentioned about that.
Here's any interesting fact. Campbell asked Reyes if he knew that Emily Anderson called him 46 times between Nov. 30 and around her disappearance. Reyes said she called him but he didn't think it was that many times. Then Campbell rattled off numbers: 5 times on Dec. 5; 8 times on Dec. 12; 6 times on Dec. 26. Reyes testified that Emily typically called him for work reasons, except one time she called about Mexican food when she was out to eat.
It's possible Reyes will be back on the stand. We may have some interesting developments stirring... I'll let you know this afternoon.

That makes two

Right before our mid-morning break, as I was struggling to accurately understand what Mr. Talas was saying, I was wondering why no interrupter. Well, apparently I wasn't the only one thinking that. At least one of the jurors said he or she couldn't understand the witness, and the juror wondered why there was not an interpreter. When the jurors came back after the 15-minute break, the judge said the lawyers chose not to have an interpreter. The jurors, and all of us in the courtroom, have to listen closely.
Since, we've heard from two more Hispanic workers that used to work at the farm. They were more understandable for the most part and seemed to understand the questions better than Talas. (I feel bad for him, though. I think he really was trying, just didn't understand the system.) Jose Garcia testified that Jerry Anderson asked him to change the oil filter. Garcia said he thought that was strange since the oil filter had just been changed and they cost $100 or $200. Garcia could not remember what date that was. Garcia testified during cross-examination that it was not unusual to keep the tractors clean in order to prevent the cows from getting sick.
Antonio Reyes was on the stand as we braked for lunch. During examination, Reyes testified that he also saw Jerry and Emily go into a wooded field area about a mile from the farm. Reyes said he saw Jerry return, but he never saw Emily again. Earlier on Dec. 29, Emily reportedly told Antonio she was going to the hardware store and to Sams Club and she would see him later. Reyes testified that Jerry instructed him later that day to have Martin wash the pressure washer - inside and out. Reyes said it was not unusual to keep the machines clean, but he said in his approximately seven years working there, he doesn't remember ever cleaning out the inside of a tractor. Jerry then asked Reyes to take him back down toward the area where Reyes saw Emily and Jerry going. At the top of a road, Jerry reportedly instructed Reyes to go back to the farm. Jerry, carrying a 30 pound trash bag, tied at the top with a knot, walked down the road. Reyes reportedly didn't see Jerry until 4:30 or 5 that afternoon.
Well, we are hearing some pretty damaging testimony from the prosecution. That's two people who say they saw Jerry and Emily go into the fielded area behind the farm and never saw Emily again. A lot of the testimony we've heard so far tends to lean toward the defense, but this doesn't look so good... It's still real early in the game, though, and will there be enough for the jurors to make a decision beyond a reasonable doubt?
Reyes is still on the stand. Bellas is still asking questions. The defense will get its turn to question Reyes this afternoon.

He says he never saw Emily again after Dec. 29, 2005

A Hispanic worker on the Anderson dairy farm says he saw Jerry drive a front-end loader down the road to a field. Martin Talas says he saw Emily behind Jerry in her white truck. Tales testified that he saw Jerry come back but Emily didn't. Talas said in the two and a half months he worked at the farm, Jerry only used the front-end loader four or five times. Talas also said he was asked to wash the front-end loader later that Dec. 29, 2005, day, a task he hadn't done before. Talas said he didn't do a good job cleaning the machine because the pressure washer was broken.
Robert Campbell asked Talas if Antonio (Talas's boss on the farm) told Talas what to tell law enforcement. After saying he didn't understand the question and Campbell reasking it, Talas said yes. Campbell also asked Talas several questions about the timing he saw all of this occur on Dec. 29. According to Campbell, he asked Talas if he remembered telling the cops that he last saw Emily around 8 o'clock. Talas said, no. In an interview with Bellas in April, Talas said he last saw Emily around 9 or 9:30. This morning he testified it was around 9:10. Talas said he didn't wear a watch at the farm and sometimes it was hard to know what time it was.
A confused Talas said at one point he didn't understand English very well. He had to have many questions repeated and didn't understand several of them.
Dee Watson's testimony wrapped up about 30 minutes into the morning. She basically answered a few questions asked yesterday about the lawyer she obtained to try to get Emily's possessions.
Talas is still on the stand. Campbell continues his questioning.

A sister's emotional testimony

All right folks, the rest of the afternoon went without any interruptions. Lisa Dubs continued to ask Dee Watson, Emily's sister questions. Watson has been on the stand since 10 this morning. She'll be the first witness on the stand tomorrow morning, unless something unusual happens.

Here's a glance at the evidence Watson testified to today (in front of the jury):

First the prosecution. Dee said her and Emily did not have regular speaking patterns. Some days they would talk three or four times a day. Sometimes they'd go a week without phoning each other. Dee also told the jurors Emily hid some family jewelry in the house. She told her sister during a summer 2005 trip Dee made to Sawmills that if anything ever happened to her, Emily wanted Dee to take the jewelry. Emily reportedly said she didn't want Jerry to have any of her belongings. Dee also said Emily was unhappy about the move to Tennessee and Emily wanted out of her marriage.

When Jerry Anderson called Dee Watson Dec. 29, 2005, to tell her her sister was missing, Jerry said they didn't have a fight and Emily wasn't mad, but she was missing. Dee said her sister would not just leave and not phone her or not take her medicine or not take her pets or her clothing. Dee saw those things when Dee went to Sawmills after Emily's disappearance. Dee testified that Jerry was "chipper" and he seemed "unconcerned." Dee also said during her trips to Sawmills while Emily was missing, Jerry kept trying to get Dee to take Emily's things back to Kentucky. During a memorial service in Kentucky, Jerry sat on the back row and did not stay for food after the funeral ended.

During her questioning, Dubs asked Dee about an attorney hired after Emily's death. Dee said the main purpose for that was to get Emily's ashes and her belongings. However, she didn't deny that there were/are plans to sue Jerry Anderson for wrongful death. Several of Dubs' questions were about Emily's previous five husbands. Apparently, Dubs said, Emily had a box in the Sawmills attic for each of her previous husbands. Dee wasn't aware of that but said Emily was known to be a pack-rat. There also was mention of photos Emily received about a year before her death of just her. The photos were from husband No. 4. He apparently cut himself out the pictures and sent Emily the rest of the photo - those photos were turned over to the sheriff's office, Dubs said. Dee also mentioned a small card, possibly like one on an arraignment of flowers, she found in a drawer in Emily's nightstand. It was from Bill, a man she dated before Jerry. There was no indication when that card was received or what it said. Dee also testified that during Emily's disappearance she and Jerry Anderson did a credit check on Emily. That's when Jerry learned of a few credit cards in his Emily's name he didn't previously know about, including one from Victoria Secret. Earlier, however, Dee testified that Emily didn't wear bras and often not underwear (it seems she preferred long johns). Dubs' question why Emily would need a Victoria Secret account was objected and sustained.

The day ended with conversations about the funerals for Emily. In Sawmills, Dee and her family sat with Jerry and his son, Matthew. But in Kentucky, Jerry sat on the back row. Dubs alluded that there were already some pent-up feeling against Jerry. Still, Dee thought it was unusual he sat in the back when the day before she had sat with him in Sawmills.

They will pick it back up tomorrow. It's been a action-packed day. Sorry to write so much... I'm sure there is so much more I could write about, but trust me, I hit the highlights. Be back in the morning.

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.

Whoa, baby!

[I am correcting my spelling of Whoa. Sorry for the inconvenience, and thanks to the person who pointed it out.]
Well, there is a slight chance this trial could be over this afternoon, although, I'm not sure if that will happen. Let me explain what just transpired in the last few minutes.
Dee Watson, Emily's sister is on the stand. She was explaining and going through the days of Emily's disappearance and then the discovery of her body. At the funeral in Sawmills, Dee was telling a story that Jerry shared with Dee's son-in-law. Reportedly, now this is Dee's words, Jerry told her son-in-law about a story he (Jerry) heard about a man killing his wife because that man learned his wife was cheating on him. Then, reportedly, and again this is one woman's story, Jerry laughed. Lisa Dubs jumped out of her seat to object. The jurors were excused to discuss the matter without them present.
Dubs said a clear discovery violation just occurred because the defense had never, never heard that story. However, Dawn Tutterow and Eric Bellas also told the judge they hadn't heard that story, either. Dubs said Watson's statement was the most damaging statement made about Jerry and "we had to sit here for the first time and hear it." She asked the jurors be instructed to disregard that statement. However, Dubs said the statement couldn't be undone and this may be grounds for a mistrial - that there was no other option.
Quoting Michelle Tanner (forgive me I'm from that generation), Whoa Baby! A mistrial... That means all this would be over, Jerry would return to jail and we would have to start a trial all over. Wow.
Now, I don't have a lot of experience with this, and for that I apologize. Cayer said he would review discovery laws and make a decision when we return at 2. But before lunch break (and again the jurors are not present for any of this), attorneys began discussing a whole other matter. Now, if Cayer was leaning toward a mistrial, it seems he wouldn't go ahead and bring up another, totally unrelated, matter. But you never know what he'll find or decide over the next hour and a half.
What a morning. I hope there's no mistrial. I want to find out what is going to happen! We'll find out at 2. I'll be back around 3:30 (if no mistrial).

Trooper, sister take the stand

Good morning. Tuesday in the Jerry Anderson case began with Highway Patrol Trooper Myron Davis, who is also a pastor, and formerly was associate pastor at Dry Ponds Baptist Church, where Emily and Jerry attended. Davis knew the Andersons through church. He testified he was with Dry Ponds Baptist Pastor Rick Crouse and Det. Brian Bennett the night they told Jerry Anderson Emily was dead. Davis testified there was no outstanding about Jerry's reaction when he was told the news of Emily's death. He remembers telling Bennett that Jerry's reaction did seem unusual since there was no outward emotional expression.
During the defense questioning, Davis testified that he did not see or speak with Jerry during the nine days Emily was missing. He testified that he knew of Jerry as a quiet, reserved man, and he didn't know if Jerry's reaction that night was out of the ordinary or not. Davis also testified that he did see a very upset at Emily's funeral. In fact, Davis testified that that he had to grab Jerry to steady him because Jerry was so upset.
Davis was on the stand for about 20 minutes. Since, Dee Watson has taken the stand. She's Emily's younger sister. With a teary explanation, Dee described her sister as outgoing, hard working, lover of animals, the beach and her flower bed. Dee said Emily loved blue jeans and tennis shoes and bought her cotton sleeveless T-shirts at Tractor Supply, which sometimes made Emily a target to be picked on.
The jury has not been present for most of Dee's testimony. First, the judge had to decide what conversations of Dee's and Emily's would be allowed before the testimony. The jurors should hear that next. A sneak peak is that Emily was unhappy with her marriage and wanted out. Dee will be allowed to testify about a trip she took to Sawmills in summer of 2005, where she heard a heated conversation between Jerry and Emily that left Emily in tears. Dee also can testify that Emily said her and Jerry weren't sleeping the same bed, that Emily had separated her things from Jerry (this was about October or November, before Emily went missing in December) and that Emily didn't want Jerry to have any of her belongings if something bad happened to her.
Well, I've got to save something to write about at lunch. I'll be back.

Medical examiner says death occured two to four days before examination

Dr. Cynthia Gardner - the medical examiner who performed the autopsy on Emily Anderson - said in court this afternoon that it is her opinion that Emily Anderson died two to four days before Gardner performed the autopsy. The autopsy occurred on Jan. 8, 2006, a day after Emily's body was discovered. However, in answering one of Eric Bellas' questions, Gardner said nothing in her findings excludes the date of Dec. 29 as the date of Emily Anderson's death. Dubs asked several times, though, if Gardner still has the opinion that Emily's death was two to four days before the examination and each time Gardner said, "Yes." Gardner quoted the cloudiness of the eyes, which typically occurs just a few days after the death. She also mentioned the green coloration around the skin of Emily Anderson's face. Gardner says that typically occurs within two to four days of death.
When Gardner told the Caldwell County Sheriff's Office her findings and opinion that death occurred two to four days before the autopsy, Gardner testified investigators wanted to know if she was certain of that. Gardner said she certainly can't remember the conversation, but she does recall the talk about the time of death lasted a bit longer than other homicide autopsies. She suggested they call her boss, the chief medical examiner for North Carolina, for further questions or opinions.
Right before the day was over, the jurors were excused for a brief break. The defense wanted to call into evidence a rape kit. Gardner collected several items from Emily Anderson. The ME's office does not test those rape kit samples. Gardner testified she turned over the rape kit to the Caldwell County Sheriff's Office, who would be responsible for having those tested.
However, the sheriff's office's evidence (which includes the rape kit) is locked up here at the Gaston County Courthouse and the person with the key apparently was not available to unlock the evidence room. The attorneys agreed on allowing the judge to inform the jury of the results of that evidence. Judge Cayer told the jurors that Gardner collected a rape kit. She turned the kit over to the Caldwell County Sheriff's Office. A known blood sample of Emily Anderson was the only part analyzed from that rape kit, and the remainder of the rape kit was not analyzed.
You should have seen some angry faces on a few folks in the courtroom. I wasn't sure if they were mad that the sheriff's office didn't examine the rape kit or if they were mad because at one point (without the jury there) Bellas said the entire rape kit was submitted to the SBI for testing, or maybe they were upset with both. Bellas later confirmed that only a sample of blood was analyzed. Why the entire kit was not tested is beyond me. Seems very important, considering the woman was missing for nine days. Maybe I am wrong.
The day kicks off again tomorrow at 9:30. Check back in around 11 for the first morning update.

Graphic photos

I am a little early for the afternoon break. We broke early because one of the jurors asked to be excused. We were in the middle of looking at several photos of a dead Emily Anderson during autopsy. Dr. Cynthia Gardner, assistant chief medical examiner in North Carolina, is on the stand. She's explaining her findings during the autopsy of Emily. Now, I couldn't see the juror who left because I have to sit as close to the end of the row to see the video screen and this particular juror is actually an alternate and sitting in front of the juror box. I hope she's OK.
The jurors viewed the photos and listened intently as Gardner spoke. Some had their hands around their mouth, almost in a state of shock or awe or sadness or grossness. These are not pretty photos. The face shots show a bruised Emily Anderson. Dr. Gardner pointed to four abrasions on Emily's face that occurred before death. At least one abrasion on her left check occurred after Emily's heart stopped beating, Gardner testified.
We were on photo five when the juror left. We'll see where the rest of the afternoon takes us. There are eight photos all together the prosecution has for the jurors to look at.
I know it's in my job to see stuff like this. I've covered murders and fatal wrecks and seen stuff that CSI dreams up. I don't touch what law enforcement and medical examiners see. But for these jurors, and I don't know any of their professions, but they are you and your neighbor. They might enjoy CSI or ER, but to see stuff like this, in person, I'm sure it's not easy.

Duncan, S.C, officer takes the stand

We got a glimpse into what investigation happened regarding the Duncan, S.C., Police Department and the Anderson case. After the mid-morning break, Office Kip Teal took the stand. He told the jurors during prosecution's questioning that nothing out of the ordinary appeared around the truck when he responded to the Waffle House on Jan. 7, 2006. He noticed the flat tire, but inside and out, nothing else seemed unusual. He did rope the truck area with crime scene tape so no one would touch the vehicle. After he learned Emily was found dead in the truck, Teal began an investigation. He talked to several folks at the Waffle House and Quality Inn - the hotel next door to the Waffle House. He also asked for video tapes from several businesses in the area of the truck. Teal testified that he did not see any signs of Emily Anderson or the truck in the tapes he did obtain. Teal also testified that he never was able to determine who made the call to the Waffle House that morning. Remember, the Waffle House manager received a call regarding Anderson's truck around lunchtime Jan. 7. Teal said they also didn't determine exactly where the call was made from, although, the caller said he was calling from a truck stop.
During the defense's questioning of Teal, Lisa Dubs asked why Teal didn't bring his case file. All Teal has with him is an incident report. Dubs asked him several questions, such as names of the ladies he spoke with at Quality Inn, and Teal could not remember; however, he testified that if he had his case file, the names/information would be in there.
Teal told the jurors he received a black and white head shot of Emily Anderson, and took it with him most places he went to investigate, but not all. Teal never received a photo of Jerry Anderson. In fact, Teal was not informed of other names of interest that popped up in the investigating. Dubs rattled off Antonio Reyes, for example, who worked at the Anderson farm. Teal also said no one from the Caldwell County Sheriff's Office looked at any of the video tapes Teal collected. Teal himself didn't keep those tapes as evidence. He said since the tapes didn't show anything, he didn't think they were worth collecting as evidence.
Right before lunch, Dubs showed several photos to Teal. There's apparently a scrap yard behind the Waffle House and Quality Inn. The scrap yard has video surveillance. Teal testified he knows that, but did not collect its video tapes. Why? He said there was no reason why he didn't.
Dubs will continue to question Teal when court reconvenes at 2. The prosecution will have a chance to redirect, if it so chooses to. Several detectives from the Caldwell County Sheriff's Office are in the court. Will they be the next to testify? I'll be back around 3:30.

The week is underway

Good Monday morning. We've heard from two witnesses so far today. Sawmills residents Mary Bentley and Ray Wilson testified they heard two guns the morning of Dec. 29, 2005. A passionate Mary Bentley remembers telling her dog Titus, "What idiot would be shooting this early in the morning?" After Bentley learned Emily died from two gun shots, she told law enforcement about her memories of that morning. Bentley also said she heard from equipment shortly after the gun shots, but none the rest of the day. Bentley testified there is a shooting range in the area and a lot of folks hunt, but in Dec. 2005, she hadn't heard gun shots in a long time. The two gun shots were right after the other. "Pow," "pow," Bentley said. It scared her, because she was on the bed, with the window open, smoking a cigarette (that got a laugh or smile out of a few jurors).
Ray Wilson told Jerry Anderson the night of Dec. 29, 2005, when they were worried about Emily, he heard gun shots earlier that morning. Wilson testified that Jerry did not hear gun shots that morning, nor did he looked shocked or scared or turn white or red. Jerry did look shocked, Wilson said, when Jerry learned that evening Emily never made it to Sams Club.
Both Wilson and Bentley live within earshot of the Anderson's dairy farm. They all attend(ed) church together.