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Friday, June 29, 2007

Another week comes to an end

Well, I have to be quick on Friday afternoons, because the deputies are ready to go home and they'll kick me out of this courthouse. I am going to bullet point some things Stafford testified to in the last 90 minutes that I have not heard before:
* He met with Jerry Anderson the day following the discovery of Emily's body. He showed Jerry a photo of Emily taken from the night before, just to confirm an identification. Stafford said Jerry was calm and didn't show any emotion to the photograph. Stafford said he didn't know Jerry. He's been around a lot of family members during death notifications and some have broken down, but it would not be fair to say he hasn't seen anyone act like Jerry before.
* The reason Stafford said he was so stern with Gardner about the time of death was because he wanted to be as accurate as possible. He also needed to know if this crime occurred in North or South Carolina. He also thought it was odd the victim was found in the same clothes reported missing in but she didn't die until two or four days prior to her body being found.
* During a conversation with Jerry Anderson, Stafford said Jerry wanted to know how long he was going to be a suspect. Anderson said he was worried the investigators would twist his words around. He also hated all the media coverage (imagine what he thinks now!). Jerry also wanted to donate Emily's clothing to the church, and he wanted to destroy all of Emily's photos... "That just needed to die," Stafford said Jerry said.
* Stafford said he reviewed phone records regarding the phone call that came into the Waffle House on Jan. 7 about Emily's truck. Two calls were from Dallas, Texas. One lasted five seconds, the other one minute and 53 seconds - that was the call investigators believe concerned Emily's truck. However, Stafford said he's tried numerous outlets and investigated up until this April, and has never identified where or whom that call came from.
The rest of his testimony was to collaborate other witnesses' statements, such as Antonio Reyes and Martin Tallas. When we recessed, Stafford was talking about the search conducted at the Anderson farm on Jan. 18.

I would guess Stafford will be back on the stand Monday. However, the jurors will not return until 2 p.m. That's because we are having another little mini-hearing Monday morning. This time to determine what, if any, a SBI agent can testify to about chemical testing done to determine blood. I guess councils are hoping that will take just the morning on Monday. But remember, the mini-hearing about the dog man took two full days... We'll see Monday. I'll be back then. Have a great weekend.

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The Major takes the stand

Good afternoon. We've haven't been interrupted by any fire alarms - so far. Let's hope it's a quiet afternoon. Capt. Jeff Stafford is on the stand. I think a lot of people have been waiting for this. In the last 30 minutes he's been testifying, I've seen the jurors take more notes than in days past. He was the lead investigator on this homicide case. He was the one who assigned Bennett and Pyle and Hartley to do the things they did. So far, though, he is just getting into the beginning investigation. He went to South Carolina when the truck was found. He said that himself and Pyle decided to bring back the truck to Lenoir because they did not believe a crime had occurred in the truck or around the truck. They also didn't want to examine the truck in the public eye, and it was getting darker and colder and they wanted a warm, lighted secure area. Stafford also has mentioned Emily Anderson's body was limp when it was removed from the toolbox. He said her body showed no signs of rigor mortis. He also said that Emily was found in the clothes she was reported missing in.
At the break, Stafford was going over a serious of photos of Emily found dead. It's heart breaking photos. But the jurors are paying attention. One even asked a couple of questions to make sure she had the write photo written down with the information. It seems they are taking their juror job seriously. As for Jerry, he looks serious too. He just stares forwards and listens. Occasionally, writing notes; occasionally looking back on us in the courtroom. I bet he wishes he were on the other side of the courtroom. In the next month or so, a juror will be deciding Jerry's fate.
C-ya around 5.

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It's up to the jurors if the paint chips match

SBI agent Brewer said she tested two paint samples: One from outside the John Deere front-end loader and one from inside the bucket of the John Deere tractor. To no surprise, as she testified, the samples matched. She testified that a former co-worker, now retired, tested the sample from outside the tractor with a sample of a paint chip on the sweatshirt Emily Anderson was wearing. They matched. However, the defense objected to Brewer testifying that all three samples had the same color, texture and chemical composition. So, of course, the jurors were excused so Judge Cayer could hear the testimony and make a decision. The defense said since Brewer did not herself test the paint chip sample from the sweatshirt, she should not be allowed to testify that all three samples matched. The judge agreed.
But, does it make sense... If the sample from on the sweatshirt matches the sample from on the tractor and the sample on from on the tractor matches the sample from inside the bucket, does that mean the sample from the sweatshirt matches the sample from inside the bucket??? I guess that's a conclusion for the jurors to decide.
Now, the defense brought up an interesting point. On Beth Flanagan's notes (the retired SBI agent), she stated, Brewer read, that when originally reviewing the sweatshirt that she did not find any yellow paint chips. That was June 2006. In November 2006, the lab received a yellow paint chip from the sweatshirt with the request to compare it to the samples from the outside of the tractor and with inside the bucket. So, what does that mean? Did Flanagan miss the yellow paint chip in June? Did investigators remove the paint chip before sending off the sweatshirt and sent it later? I wonder if we'll hear an explanation for that.
Bellas was in the middle of re-direct when we stopped for lunch. I'll be back this afternoon.

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False alarm

I interrupt this court session for a fire alarm. Right now the entire Gaston Courthouse is outside, in the heat. The good news: There's a wireless connection!!! The bad news: We were right in the middle of some good testimony. SBI special agent Amy Brewer is on the stand. She works in the Raleigh lab as forensic evidence paint specialist. She testified paint chips found on Emily Anderson's shirt are the same in color, texture and chemical composition as paints chips taken from the John Deere tractor. So her testimony is the paint chips "could have shared a common origin."
Well, they are letting us back in the building, so I better return. We'll see what else Brewer has to say. Not sure when I'll be back. But I will be.


I just learned from my good buddy with Channel 9 that a 3 year old pulled the fire alarm. There goes my theory that someone just wanted to get out of his or her court hearing. Cya.

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Thursday, June 28, 2007

SBI agent takes the stand

Here's an interesting question I've been wondering since I saw photos of Emily's body in the toolbox: What happened to the tools in the toolbox? Surely if you have a toolbox bolted to your truck, there are tools in it, right? When Emily's body was found, there was nothing in the toolbox but her, some blood and some dirt and grass. Dubs asked Investigator Pyle this afternoon if on any of the two searched he and other investigators did around the farm and Anderson home, if they found any tools or a tray that goes inside the toolbox. Pyle said he did not find any tools nor did anyone that he knew of. Wonder what happened to those?
About 30 minutes before the day came to an end, Shane Greene took the stand. He's an SBI agent. He currently works in the Asheville lab as a senior firearms examiner and toolmark analyzer. He was asked to inspect the flat tire from Emily Anderson's truck, a bullet found in Emily Anderson's shirts and bullet fragments. He said the tire was punctured not by a bullet or knife. It was some kind of irregular object, he said. It had a jagged cut, he said. Emily was shot either with a 38 special or 357 magnum. It's possible either of those bullets could come from up to eight guns, Greene said. Remember a murder weapon has never been found.
Greene will continue his testimony tomorrow morning.

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Oil not just talk of the world, it's in the courtroom, too

The smell of oil is in the air. If George Bush - either one of them - was in the room, he'd be drooling. Lt. Pyle showed the jurors the oil filters collected from the farm on Jan. 26, 2005. The date on one of the filters was 12/29/05. The hours were 298. A second oil filter had 1/16/2006 on it, with 298 also written on it. That oil filter was found in water runoff behind the farm. A third filter found buried in a pile of manure was dated 11/8/05. Another one was dated 12/29/05 with hours 6303 on it. The filters dated 12/29/05 were taken from actual tractors. The filter on tractor model No. 4430 was still dated 1/16/06, however.
Basically, two tractor filters were dated 12/29/05. One was still dated in January. Investigators found filters dated 1/16 and 11/8 hidden around the farm. They were unable to locate a third filter missing, which was supposed to be in the dumpster, is what Pyle said Jose Garcia said.
Dubs asked Pyle if anyone actually checked the tractor gauge to check the hours/miles. He said, he didn't and he didn't know if anyone else checked.
Dubs continues to question Pyle.

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Three repeat witnesses take the stand

Well, Roy McNeil, the cadaver dog man, took the stand for the third time, second in front of the jury, this morning. However, instead of taking up the whole day, his testimony lasted 10 minutes (made me want to dance), and it wasn't too confusing, although, there was something different. McNeil said while Bellas was questioning him that he did not remember what time Hartley came with the video. But he knew it wasn't when he first arrived. He believed the video recording must have occurred on Kiser's second alert. McNeil testified the video was accurate. McNeil also said, however, that his dog went to the search area three or four times. Robert Campbell asked him why he testified last time he said Kiser went down there three times? Did he lie? McNeil said no. He said no matter how many times Kiser went down there, he alerted to the scent of decomposition, not for a treat, as Campbell eluded to.
The next two witnesses also were repeat witnesses. Jose Garcia and Lt. Tracy Pyle took the stand. They made a lot more sense about the oil filters and why the testimony of the oil filters is even important to begin with. Pyle said that he and several other investigators met with Garcia and Antonio Reyes shortly after midnight Jan. 26. Garcia told the detectives that earlier that day (technically Jan. 25), Jerry Anderson asked him to change the oil filters. He asked him to change them and date them Dec. 29, 2005 - about a month prior. Gracia thought that was odd, as Garcia testified before, because Jerry just asked him to change them not too long before that. But now we know it's odd. If Garcia is telling the truth, why would Jerry want the oil filters changed Jan. 25 to reflect Dec. 29? Was Jerry trying to create an alibi? Although, in the two statements Bennett said Jerry gave him concerning Jerry's whereabouts and activities Dec. 29, 2005, Jerry never once said anything about changing the oil filters on Dec. 29. He did call Emily and asked her to pick up some, but we know that never happened. Interesting. This new information about the oil filters sheds a lot more light on why it's so important to discuss oil filters in the first place.
Pyle is still on the stand answering prosecution questions. The defense will get its turn after lunch.

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Are Jerry's police statements inconsistent?

We got into a bit of a heated conversation right before the break. Eric Bellas re-directed around 10:30. He asked Bennett about the statements Jerry Anderson gave law enforcement. There were two before Emily's body was found; however, Bennett says there are inconsistencies in the statements. For example, in a statement Jerry gave Bennett on Dec. 31, Jerry mentioned he didn't leave the farm all day. Then a few sentences later, Jerry said he went to the bank and hardware store. Bennett also said he thought it was odd that two days after Emily's disappearance, Jerry is giving him a list of folks who saw Jerry that day. In the first statement, Jerry said Danny Miller and milkers saw him at the farm all day. Miller nor the milkers are mentioned in Jerry's second statement, which was hand written by Jerry.
A fired up Lisa Dubs asked Bennett if he followed up on any of the places Jerry said he went, such as the Granite Falls Post Office or PD Grocery. Bennett said he did not go to either place. Dubs asked Bennett if he asked Jerry about the inconsistencies or the question marks on Jerry's written statement. Again, Bennett said, he wasn't looking for Jerry Anderson. He was trying to find Emily Anderson.
Once the defense is done questioning Bennett he will be finished, although, it's possible either side could call him again. I'm not sure who will be after Bennett. I know one thing, the dog man is back. The cadaver dog handler probably will take the stand today to confirm or deny anything about the video tape being a possible reenactment. Gotta run.

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Wednesday, June 27, 2007

Defense continues questioning into investigation

Sgt. Brian Bennett remained on the stand all day. He'll be on the stand tomorrow morning, too. Lisa Dubs will continue to ask questions. This afternoon she seemed to go over and over the same questions. I don't know if she is trying to drill the information in the jurors' heads or trying to fool up the witness - or both. I think it's frustrating to some folks in the courtroom. The room cleared out this afternoon (for whatever reason). You could hear some huffs and puffs when Dubs asked a question for the third time, just in a different way or asked information she asked earlier in the day. I'm sure it's just her job, though. I can't tell what the jurors are thinking. They look forward. They watch Dubs or the witness. Occasionally, they will write a note down.
So this afternoon just continued Dubs going over Bennett's investigation into Emily's disappearance and then after her body was found. Bennett testified he went to a McDonalds in Denver to follow a lead Emily may had been there, but there were no signs of her on a video tape. Dubs asked if he took a photo of Emily to ask folks around that area of Denver, he said no. Nor did he take a photo when he went to Sams Club. But Bennett said he did not see any signs of Emily Anderson on the tape. He didn't follow up on getting a subpoena when an SBI agent said he could check into Emily's email accounts, if he had a court order. Bennett didn't know if anyone else got a subpoena for that information.
The afternoon ended about the conversation Bennett had with Dr. Gardner, who did the autopsy on Emily Anderson. He had written in his notes that Gardner said time of death could be up to 10 days but more than likely two days.
Questioning will began again tomorrow at 9:30. I am not sure what the day will hold. Earlier this week, they referenced bringing back the dog man tomorrow. I know Pat Thorpe, Emily's best friend from New Jersey will take the stand soon. Bellas said Monday, I believe, Keith Keen would testify after Hartley's testimony, but that did not happen, so he'll probably be back to testify soon. Bennett could take a large portion of the day. We'll see. I'll be back tomorrow.

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Investigator still on the stand

Lisa Dubs is ripping into the prosecution's theory that Emily Anderson died Dec. 29, 2005, at her husband's hands. One way she is doing that is by questioning the sheriff's office's investigation into Emily's disappearance. The sheriff's office originally thought Emily left voluntarily. Dubs asked Bennett why he or another investigator didn't check Sams Club when Jerry said she was supposed to go there that day? Bennett said no reason. She asked him why he didn't check Sawmills Hardware the immediate days following Emily's disappearance. He said no reason. Bennett did say foul play had not been ruled out, but at the time, they didn't think anything bad had happened. She asked Bennett why he didn't go to the bank even though Jerry told him she might have a large amount of cash on her. He said that Jerry said she already had about $2,000 on her. She asked if he interviewed Oscar, who Jerry said he was with at the dairy all day when Emily went missing. Bennett said no.
Literally, the afternoon has gone on like that.
But I believe Bennett has stood his ground. His answers are consistent. He testified from his notes, but he admitted notes weren't taken at every interview or discussion about Emily Anderson. The jurors themselves are taking notes as the testimony continues. As well, several folks from Sawmills here to support Jerry also have taken notes from day one. So has Emily's friends and family. I notice that Dubs and Campbell write everything down when Bellas or Tutterow ask witnesses questions, but only every so often Bellas or Tutterow will write something down - maybe followup questions - when one of their witnesses is being cross examined. Dubs and Campbell also talk back and forth when they are waiting their turn to ask questions. Every now and then Bellas will whisper something to Maj. Stafford. For the most part, they are quiet. It's neat to watch both sides. They are different.

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The investigation continues

Exactly 17 months since Jerry Anderson's arrest, the Caldwell County Sheriff's Office is still investigating the man accused of murdering his wife. Sgt. Bennett testified that the office follows up on leads or new information and it doesn't matter if it's today, tomorrow or two years from now, that's policy. He testified that last week, he believes, he went, along with Det. Hartley, to Duncan, S.C., to look around the scrap yard. There is a scrap yard behind the hotel and Waffle House. While down there, the detectives took photographs and asked about video cameras. Bennett didn't know how many cameras the scrap yard had, but they filmed mostly the parking lot and scrap yard. He said none was filmed of the Waffle House and Quality Inn. Dubs asked if the security tapes filmed the road where cars entered the area, Bennett said yes. Asked if he obtained any video tapes, Bennett said no. Dubs asked why investigators didn't go down there after Emily's body was found to look around the scrap yard, Bennett said he personally just learned about it during trial and felt compelled to go down there.
To be fair, the defense has done some investigation since the trial began. They interviewed the dog man, Roy McNeil, on Memorial Day. I would assume its normal to make sure your witnesses are ready, to know what they are saying and to investigate any information that may go along with witness testimony - or go against it.
Other than that, Bennett basically just went over the day-to-day investigation that lead up to Anderson's arrest. He corroborated other witnesses' testimony, such as Mindy Ramsey, Jerry D. Anderson and Mary Bentley. I guess that's to show the jurors that the prosecution's witnesses are telling the truth.
The defense was just beginning its questions right before break. I would say they will question Bennett at least until our 3:30 break. I bet he'll be on the stand all day... We'll know by 5.

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Voice mail messages bring tears to some

Good Wednesday morning. This morning Brian Bennett continues his testimony on the stand. He is basically going through the day-to-day investigation he did into Emily Anderson's disappearance. Early this morning, the prosecution played tapes of the voice mail calls Emily received from the time she went missing. Bennett and Jerry checked her voice mail on Jan. 1. Emily had 14 unheard messages. Her mail box was full. Playing the messages from various people - two calls from Jerry, several from folks at the dinner party, friends and family members - had tears and sniffles from both sides of the courtroom. Maybe it was hearing Emily's voice on her voicemail. Maybe it was the dreadful thoughts resurfacing from that first night Emily was missing. Several voice mail messages were left in tears. It was obvious then and is still obvious now, people loved Emily. During the messages (and really for all of the testimony this morning), Jerry looked forward with his hands on his chin or stared down at the desk in front of him, sometimes writing notes.
Jerry's messages were brief. On around noon Dec. 29, asked Emily to pick up oil and fuel filters for the tractor. "Thanks a lot. See ya." Another one around 5:30 from Jerry said, "It's 5:30. I thought we were supposed to be at Ray and Jennie's at 6. Give me a call at the house." That were all the phone calls from Jerry Anderson that day or the next, at least until Emily's voice mail box was full.
A lot of Bennett's testimony has been corroborating statements from previous witness. Bennett testified to what Antonio Reyes said about seeing Emily and Jerry go into the woods and Emily not returning. He also talked about the death notification to Jerry. Bennett, too, along with Myron Davis who testified earlier, said Jerry didn't show emotions. It made Bennett uncomfortable, he said.
Right before break, Bennett was talking about interviews with Emily and Jerry's friends. I figure Bennett will be on the stand for most of today, if not all of today.

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Tuesday, June 26, 2007

Tuesday is over early

Boy, did the jurors get their exercise today. In the last 90 minutes, the jurors were asked to leave twice. That made the third and fourth times today the jurors were excused. The third time the judge instructed them to go to the jury room, a few jurors laughed quietly and/or smiled big. I am not sure if they are frustrated or amused. It's almost like they expect to be excused some point in almost every one's testimony. This afternoon they were excused when Lt. Tracy Pyle came to the stand. (This is his second time on the stand.) Pyle was going to testify about some information one of the Hispanic workers told investigators. The defense objected to the hearsay evidence. However, since Jose testified to similar information last week, the judge allowed most of Pyle's testimony. He told the jurors, when they returned, Jose thought it was odd that Jerry asked him to change the oil filters around the time Emily went missing. The investigators then proceeded to walk around the farm with Jose to look for the filters and photograph tractors. Lisa Dubs asked him two questions: Did he understand the Hispanics when they were interviewed? Pyle said he has experience as an investigator, EMT and firefighter with working his Hispanic and he understood the workers. Dubs also asked him about the dirt samples collected around the tree where the dogs alerted. Pyle, who was there that day the dogs searched, said he and Sgt. Bennett collected those samples but he did not know if they were ever tested or the results of those samples.
Then, the jurors leave again. Bellas wanted to recess earlier than 3:30 because his next witnesses are lengthy and he didn't want to break up their testimony. However, the judge ruled there was 35 minutes left in the day and to call the next witness. The jurors were brought back in and Sgt. Bennett took the stand. He's just getting into the details. He was lead investigator while Emily Anderson was missing.
He'll be on the stand tomorrow, providing more details of the sheriff's office's investigation. Remember, we are done for the day because one of the jurors had a family emergency, so I will be back tomorrow morning.

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Cell phone talk

We've heard from two witnesses since the break. The jury again was asked to leave the courtroom. That's twice this morning. First to hear what Haas had to say concerning conversations with Jerry Anderson and then again about Emily Anderson's cell phone records. I wonder if they get frustrated. I almost get impatient. I know it is so important that jurors hear fair statements from witnesses. But Haas testified to almost exactly what he told he judge. Haas told jurors Jerry Anderson told him he thought Emily Anderson was with Jesus. Jerry made this comment a day before Emily's body was found. On cross-examination, Haas said he did not think this comment was made out of the ordinary because previously Haas and Jerry talked religion. Also, Jerry said that he thought law enforcement thought Emily left on her own based on Emily's past relationships. However, Jerry told Haas that he didn't believe Emily would just leave and something bad must have happened.
Marc Fellner took the stand next, and after the judge allowing him to testify to patterns on Emily Anderson's phone records, he told jurors since June 2005 Emily had several pages of calls (with about 50 calls on each page) for each month leading up to December 28, 2005. The last recorded outgoing call was Dec. 28, 2005, at 7:44 p.m. There were no outgoing calls after Dec. 28, 2005, Fellner said based on records.
Dubs asked questions about days when Emily did not use her phone or days when there were just a few calls made for a short period of time. She also asked about calls on certain days to a phone number, which I believe to be Antonio's phone number. Remember, he was the foreman at the dairy farm. Dubs also asked Fellner to review Jerry's phone records. On Dec. 29, the day Emily went missing, Jerry called Emily's cell phone around noon. The nearest cell tower was reported in the Connelly Springs area.
I can understand not using your cell phone everyday. But would someone that used it enough go from Dec. 29, 2005, to when her body was found and not call anyone? Her sister, her friends, no one? I am not a big talker, but I would say I use my telephone almost everyday. I'm craving the iPhone, but stupid Verizon isn't getting it... But that's another blog and another topic. Fellner will still be on the stand after lunch. Bellas has more questions for him.

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No match on fingerprints

Well, this morning Investigator Hartley testified about the fingerprints. During re-direct, Bellas asked Hartley how many fingerprints she submitted to the SBI lab. She said she sent off five the Monday after Emily's body was found. She testified there were no identifiable prints located. Why would you not ask that question yesterday or Friday when you originally talked about the fingerprints? I thought maybe the SBI agent that did the test would have to testify the results. Law... They also didn't go into Hartley's response. What does that mean? If there were no unidentifiable fingerprints, does that mean they aren't Emily's (that would be good to know) or maybe they aren't Jerry's either. Does that mean the prints are someone else's or does that mean the prints weren't clear or were partial or something to where you couldn't tell whose they were. I have so many questions, but I'm not the lawyers up there.
Hartley stepped down at 10:30. Chris Haas, an SBI agent, is on the stand. However, the jurors left so the judge could hear some of his testimony without the jury present. Haas did the polygraph on Anderson before Emily's body was found. It's North Carolina law that polygraph test results are not admissible in court. However, the defense plans to ask questions about conversation Haas had with Jerry after the polygraph. For example, Jerry reportedly told Haas that he did not believe Emily ran away. He believed Emily was with Jesus. This statement was made before Emily's body was found. Well, the defense argues that the jury should be allowed to hear the context behind the statement. Haas said earlier in the conversation, Jerry was talking a lot about religion and church. So, in that sense, Haas said Jerry's statement that Emily is with Jesus is not unusual or out of the ordinary. The judge ruled the prosecution can ask Haas questions about conversations outside the polygraph test. He said the defense can ask questions regarding the context of the conversation and background.
We'll see what happens.

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Monday, June 25, 2007

Maybe this answers some questions

OK. I think I might have an idea why Hartley can't say who's fingerprints were found on the toolbox or if the paint chips match. This afternoon, Robert Campbell was asking the Caldwell County sheriff's investigator about dirt samples collected from Emily's boots and around the tree in the woods behind the Anderson farm. Those samples were sent to the SBI lab to be tested for blood. Campbell asked twice what were the results of those questions. Each time Bellas objected and the judge sustained the objection. I think that's because Hartley testimony would be what she was told by the SBI. So maybe that means an SBI agent will be taking the stand sometime this week to tell us whose fingerprints were on the lid of the toolbox, was there blood in the dirt and did the paint chips on Emily's sweatshirt match the samples from the tractor. We're in suspense until then.
Hartley is still on the stand. She'll be on the stand tomorrow. The prosecution is re-directing. Then if defense attorneys have more questions (and I'm sure they will) they will ask her more questions. So, Hartley will probably be on the stand, I'm guessing, at least until the mid-morning break. I just don't know if the prosecution will be done this week. I know Keith Keen, the tow truck company owner, is set to take the stand after Hartley. I believe Pat Thorpe, Emily's best friend from New Jersey, also is testifying for the prosecution. Det. Bennett has not taken the stand yet. As a lead investigator, I would be surprised if his testimony occurred in less than a day. Surely we will hear from at least one SBI agent. Is Maj. Stafford taking the stand? He was the lead investigator once it went from a missing-persons investigation to a homicide. Plus, we are recessing at 3:30 tomorrow because one of the jurors had death in the family. I guess we'll know Friday. I'll type to y'all tomorrow.

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Drama, drama

There is more drama in this courtroom than any show on television. When we came back from lunch, Dubs took up a few issues with the judge. First, she said she was handed new discovery about an interview Maj. Stafford had with Doug Baldwin. Baldwin said that he did not tell Perry Arant any statements Jerry made insurance money and paying off loans. Remember, that was discovery mentioned last week that Arant said Baldwin told him that Jerry said he was going to use insurance money to pay off bills. That statement was reportedly made before Emily was found. And remember that was not heard in front the jurors. The judge agreed it was double hearsay. Now, today, reportedly the statement isn't true.
Get this. After that brief discussion, the defense argued that Dee Watson's comment about what Jerry Anderson reportedly told her son-in-law at Emily's funeral should be stricken from the record. This morning Stafford brought a letter that Dee Watson wrote him right before the trial started. In that letter was Watson's statement that Jerry told her son-in-law it's crazy how things work. I heard a story of a man killing his wife because he found out she was cheating on him. Well, Stafford said last week he had not heard that statement before. And there is was in a letter postmarked May 12, 2007. Bellas said that Stafford had seen the letter but did not read it and did not notice that statement. The judge he couldn't understand why the letter wouldn't be opened by the lead investigator until now when the letter contained that statement and other statements that would be relevant to the case, Cayer said. When jurors returned at 2:25, he ordered them to disregard Watson's statement and it should not be used when they deliberate. Interesting...
So, Hartley is still on the stand. She testified that the rape kit was never sent off because there were no signs of sexual assault. She also said there was never any conversation with anyone about sending the rape kit off. Still boggles my mind. Gotta get back. I had computer difficulties and now I'm a little late.

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Lunch break

Jerry Anderson stares forward. Sometimes he rests his hands on his chin. He'll whisper to his attorneys every now and then. Sometimes he'll write notes, probably questions or facts, on sticky pads and pass them to his counsel. He looks serious. Other than that there's no emotion on his face. His demeanor doesn't seem to change if the conversation is specifically directed about Emily or evidence against him.

I sat behind Dee Watson, Emily's sister, in the courtroom this morning. I couldn't help but notice a bracelet she wears. It has photos of Emily in it. Emily has a huge smile in the photo I could. I've been told Emily was always smiling. She was a beautiful woman. I noticed one day Dee was wearing a pin with a photo of Emily in it. I can't imagine what this is like for her. It must be so hard.

Right before lunch, Robert Campbell was asking Hartley questions about the rape kit. The sheriff's office got the rape kit when the medical examiner finished her examination. The rape kit sat in evidence for 17 months. It was not sent to the SBI lab for examination, Hartley testified. She didn't say why, though. Maybe Campbell will ask that question when we return at 2. I'll be back around 3:30 p.m.

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There's nothing wrong with the video

All right, no one is in trouble, at least concerning the video. The judge ruled that the video was not a recreation of events. He said it was not a re-enactment because there were no actors and the facts of the video were the facts. He also said there was no false evidence testified to; although, he said there were inconsistencies with the testimony of McNeil and Hartley. He said that should be a matter for cross-examination and in his opinion, that would be more of the benefit of the defendant. He also said the dog handler can retake the stand and counsels can ask him more questions. I better get a good nights sleep the night before the dog handler comes back.
Hartley is still on the stand. Jurors returned around 10:15. She continued explaining her evidence. She said she collected yellow paint chips off Emily Anderson's sweatshirt. She also collected several paint chip samples from the John Deere front-end loader taken from the Anderson farm. The paint chips were tested at the SBI lab. Hartley did not say if they were a match.
She's still on the stand. The defense began its questioning. C-ya around lunchtime.