The day is over

Well, I don't have much to say. We are done for the day. After the break, Dubs said their next witnesses were coming by plane and won't be here until Monday. So, we recessed for the day. It was a pretty interesting day. The tables are turned. The defense is putting up its witnesses and the prosecution is trying to disprove them. We might have a few interesting weeks ahead of us. I have a feeling a delibration will come soon. Can you believe all this began June 8? It's July 6. Wow. All righty, I am going to start working on my stories for this weekend's papers. Have a great weekend.

Busy afternoon

It has been a very busy 90 minutes. Let me break down each witnesses' testimony and the highlights of it.
1. Steve Killian testified he saw Emily Anderson at Holiday To Go on the morning of Dec. 29, 2005. He had to get milk for the grand kids and cigarettes for himself. He said he saw Emily Anderson in her truck parked outside the Holiday To Go. He raised his milk when he saw Emily's Got Milk? sign on the front of her truck. Yeah, I got my milk, Killian told the jurors he thought when he saw that sign. He raised the gallon. She grinned; he grinned. The crowd and jurors laughed when he shared that story. Once back in his vehicle, Killian testified he saw a man get into Emily's truck. The man was about 6 feet tall, with shoulder length hair. He described it like Billy Ray Cyrus hair during Achy Breaky Heart. A mullet? Now a days? Anyway, during cross examination, Bellas asked the date Killian said he saw Emily. Originally, when Killian called law enforcement, he said he couldn't remember the date, it was maybe Wednesday or Thursday - Emily went missing on Thursday. But Killian now swears it was Thursday, Dec. 29. Dubs later asked if law enforcement ever talked to him again after Killian's first initial call. He said no.
The next witness was Tony Ramsey, a Sawmills resident and former neighbor of Jerry. He testified he was outside working on his lawn mower when Jerry drove by shortly after 10 a.m. Dec. 29, 2005. Ramsey knew it was the 29th because of a receipt from the mower place. On the 30th, the lawn mower had to be taken for repairs, and Ramsey knew he was trying to fix the lawn mower the day before. Ramsey said Jerry was driving away from the Anderson's house when Jerry stopped and said, "I guess Santa Claus didn't bring you a new mower and you have to fix the other one." During cross examination, Bellas asked about the date he saw Jerry. Ramsey reportedly told investigators he couldn't remember what date he was fixing his mower and saw Jerry. But he said he had a receipt that would prove the date. However, no one ever called back to get that receipt. Nor did Ramsey offer to show law enforcement that evidence. Campbell asked after cross-examination, if Ramsey works with the sheriff's office? He said no, he just helps pay their salaries. That also got a laugh from the crowd and jurors.
The next two witnesses were Betty Dillard and Tammy Beltcher. Both worked at the Quality Inn in Dec. and Jan. 2005 and 2006. Dillard still works there. Both ladies said they saw Emily's truck parked there Saturday after the Thursday Emily went missing. Both said on Tuesday after Emily went missing, so Jan. 3, they saw Emily get out of a beige or brown jeep. They never saw Emily again. They both identified photos that it was Emily. During cross examination, Bellas asked if they saw any other photos from the defense other than Emily Anderson. Both ladies were only shown one photo. However, law enforcement never showed the ladies any photos.

I gotta run. Be back shortly.

Forensic anthropologist: Emily couldn't have died Dec. 29, 2005

Dr. Murray Marks, the forensic anthropologist, testified there is no way Emily Anderson died nine days before her body was found. He said that based on the medical examiner's report and photos he saw. He said there were no signs of skin slippage, no signs of bloating (but again, he said, he only saw a report and photos) and no insects. He did say there was some green discoloration around Emily's face. He said flies usually appear in the first day, depending on weather. He testified that the toolbox was probably not air tight, or else tools would rust, and flies could get in around the body. Marks also said if the body had been dead for 9 days, then an odor would have been glaring. On cross examination, Marks said determining time of death is not an exact science. He said other factors, besides temperature, can go into decomposition, such as humidity, weight and wounds. He also said he did not ask anyone if there were flies in Duncan, S.C. (Is there a place without flies? I am a lover of all living things, but flies kind of give me the creeps. They buzz and carry disease... gross.)

So Marks stepped down right before lunch. We'll find out who will be the defense's next witness soon. I am curious to see how many witnesses they will call. I know originally there were more defense witnesses names called during jury selection than the state, but I wonder if that will change now that the state has presented its case.

Oh! There was no real reaction from the jurors when they saw photos of dead, decomposing bodies. One juror asked to sit on the end, in case she had to get up. This was the same juror who left early when viewing photos of seeing Emily dead. Bless her. I don't mind photos or graphic movies and what not. (I am not promoting violence, though.) Sometimes, though, the smell of the trash makes me gag. Smells bother me. Well, it's time for me to go smell something good (hopefully) for lunch.

Defense calls its first witnesses

Good Friday morning. Well, things officially got started around 10:10. Attorneys had to take care of some evidence business. The first defense witness was (surprise) Maj. Jeff Stafford. If you recall, Stafford finished his testimony with the defense Tuesday afternoon, but the state did not re-direct. I wonder if the defense had more questions to ask him. Robert Campbell asked just a few questions, mostly about phone numbers. Apparently someone from the dairy called Duke Energy, a friend in Tennessee, McCombs Oil and a dairyman in Statesville in the morning hours of Dec. 29, 2005. Still, though, we have not heard of any calls between 9 and 10 - when employees testified Jerry and Emily were gone. Maybe that will come or maybe that will remain unanswered. The prosecution did not have any questions for Stafford.
Dr. Murray Marks was the next to take the stand. What an impressive guy. He is a forensic anthropologist. He is an associate professor at the University of Tennessee and works at the Body Farm. (Check out the article in Newsweek. I can't remember the date, but it was in the issue with America after Bush. I'm sure it's online. It's a great article about the Body Farm and other coming farms.) Basically, Dr. Marks studies decomposing bodies. He testified signs of a body that has been dead for a while - slipping skin, changes in internal discoloration and insect infestation. He said a little over a year ago, he was asked to review the pathologist report and photos of Emily Anderson. He has never seen the body. He hasn't really gotten the Anderson investigation. We braked for the mid-morning break before he was going to show jurors of photos of skin slippage, discoloration and slight bloating... This might be really interesting or really gross. I will try to pay attention to the jurors reactions. Be back around lunchtime.

Oh, boy!

Well, for a minute there, I thought this case was going to be over. The defense did not have any questions for Pat Thorpe. The prosecution rested, and then the defense asked for this case to be dismissed. Robert Campbell argued that the state did not prove its case beyond reasonable doubt. He said the state did not show a clear motive. Prosecutors did not show any DNA match, no murder weapon and no eyewitnesses or clear fingerprints. He put up a good fight. The prosecution argued that they had put up enough evidence and it should be up for the jurors to decide. Eric Bellas argued the Hispanic workers saw them go into the woods; two people heard gun shots; and no one saw Emily again. Nor, did Emily ever call anyone again. The judge must have agreed with the state. He denied the defense's motion to dismiss the case.
We are, however, done for the day. The defense will begin its case tomorrow at 9:30. I'll be back then. What an incredible interesting morning.

Oh by the way, I guess the prosecution decided not to call back Keith Keen. I know I mentioned him several times as the next witness. He was in court several days. The prosecution even said they planned to call him. So, I guess we won't hear his testimony, unless the defense calls him. They questioned several times to investigators why Keen was even involved with the evidence or crime scene processing or anything, when Keen was not a law officer, just a citizen. I don't know.

C-ya tomorrow morning.

State's last witness takes the stand

Good Thursday morning; although, it almost seems like Monday since we were off yesterday. Well, the prosecution says it has called its last witness. Pat Thorpe, one of Emily's best friends, was on the stand this morning. She testified without the jurors present for about an hour. Judge Cayer needed to hear her testimony to determine what portions the jurors could hear. Thorpe testified to four phone calls she shared with Emily in the last months of her life. Thorpe talked to Emily in August 2005. Emily said she wanted out of her marriage. She said Jerry called her old, stupid, fat and ugly, and that he said it so often, she was beginning to believe it. She said she was afraid of Jerry and he had a bad temper and belittled her in front of the employees on the dairy. In October, the ladies spoke again about Emily's marriage and how unhappy she was. Emily wanted out. She had a lawyer's number and planned to call her. However, neither of those phone conversations will be testified to in front of the jurors, Judge Cayer ruled.
What Pat could testify to - and has in the last 30 minutes - was about conversations in November and December 2005. In November, Emily said she spoke to an attorney and was getting out of her marriage. She said Emily said Jerry had a bad temper, that he was mean to her in front of the employees and a t home, and Emily said to Pat she felt she could leave now because Matt (Jerry's son) could protect himself - those were Emily's words, Pat testified. In December, the friends talked about Emily moving to Kentucky to be near her family. Emily was excited about the move. She said she wanted to move before the new year, but not before Christmas. Pat testified she found out Emily was missing the evening of Dec. 29. Jerry called to tell her. He asked if Emily was there, but Emily never showed up. Jerry again called Pat on Jan. 3. The judge allowed her to testify what Jerry said. The majority of their approximately 72 minute conversation was about other men. Jerry asked about a Bill - Pat said she never heard of him. Then he asked about Steve Pierce, a former husband of Emily's. He also mentioned credit cards, divorce and financial papers. Jerry reportedly said no one was going to take half of what he worked for all his life. Jerry then told Pat he would kill Emily if she came back to North Carolina or Sawmills, and that he'd break her neck if she came back to his home. He said no policeman could draw his gun fast enough to stop him. Pat testified she took notes during this conversation. Those were sent to authorities.
Pat is nervous, bless her heart. She even said so. She is the nicest lady. Always has helped me out for stories about Emily. I can't imagine being on the stand. It must be kind of scary, everyone watching you. She testifying about her best friend's death. She'll face the defense when we get back started. I better go. I don't want to miss anything.

Prosecution may be done by Thursday

Here was something I thought was surprising. The prosecution did not re-direct. When Dubs finished her questions of Stafford at 4:50 this afternoon, Bellas had no further questions. I thought surely after all Stafford testified to today on cross-examination, Bellas would want to ask more questions to explain some things. I guess not. Or maybe he didn't want the defense to have a chance to ask any further questions. Oh well.
So this afternoon basically was just a recap of all the information we heard today. Dubs asked Stafford again about the conversation he had with Jerry on Jan. 18. Again, Stafford said Jerry said he did not kill Emily. Even though Stafford said he knew Emily died on the farm; he knew someone who knew Emily had killed her; and he had a pretty good idea who killed her. Still, Jerry told Stafford he wasn't going to tell him what he wanted to hear.
Stafford also said, as he himself said, he has admitted about a dozen times today, that there were things he should have done in this investigation that he did not do. Hindsight is 20/20, he said.
Bellas said he believes the prosecution will be done by Thursday afternoon. He has one, maybe two more witnesses to call. I believe those will be Keith Keen, tow truck operator, and Pat Thorpe, Emily's best friend from New Jersey. We'll see Thursday. Remember, we are off tomorrow. Everyone enjoy the holiday. I'll be back Thursday a.m.

Stafford: rape kit not sent off because there were no signs of sexual assault

All right. We have heard a lot of testimony in the last 90 minutes. I think I am going to go through and bullet point some key things.
* Investigators were told Emily had up to $2,000 the day she went missing. However, attorneys were not able to account that money. When they found Emily, she had $30 on her.
* Stafford said he asked for a rape kit from the medical examiner, which he said it's routine. However, since there were no signs of sexual assault, the rape kit was never sent off. No signs of sexual assault included she was not undressed, her zipper was zipped, her cell phone was on her side.
* Investigators believe Emily was found in the same clothes she went missing in. But Dubs asked Stafford if he knew Emily wore those boots every day. He didn't ask anyone. Nor did he ask anyone if Emily wore that Old Navy sweatshirt every day. He also didn't get what type of jeans Emily was reported missing and jeans she was found in. Stafford honestly believes Emily was in the exact same clothes.
* Several times (again) Stafford said he should have gone to Duncan, S.C, to interview people. He just didn't do it. He realized he should have done it when this trial started - mostly because the defense asked so many questions.
* Capt. Brackett made the decision to have McNeil do the dog search. Investigators did not use cadaver dog handlers in cases before. They did not check McNeil's credentials.
* Dubs asked Stafford if the reason he prayed with Jerry on the afternoon of Jan. 18, 2006, was a tool. Stafford said no. He said he is a Christian man and Jerry is a Christian, so he wanted to pray together.
Dubs is still asking questions of Stafford. I bet he'll be on the stand all day. Bellas will surely re-direct then Dubs will more than likely have more questions.
I will be back at 5.

Stafford remains on the stand

On Jan. 8, 2006, Maj. Stafford got a call that a pair of eyeglasses was found in the hotel room where Emily Anderson's truck had been found. He testified this morning he did not follow up on that. He said it should have been done, but it was not. Stafford said the glasses could have been important to case. Emily Anderson was known to wear glasses. When her body was found, the glasses were not found. But the sheriff's office did not make any effort to retrieve the glasses. Unless the defense calls someone to testify about the glasses, it sounds like we will never know if those eyeglasses belonged to Emily Anderson. What if they did? Did that mean Emily was in a hotel room in Duncan, S.C.?
Apparently, there are several things Dubs questioned Stafford about that he did not do or did not do right away. On Jan. 7, 2006, he got a list of people who checked into the Quality Inn on Dec. 29, 2005. Emily Anderson's name was not on the list. In November 2006, Stafford called a few people that checked in that day. None remembered seeing Emily. Stafford wasn't able to get in touch with everyone. He testified he did not check any other dates of check ins at the Quality Inn. Dubs asked Stafford if he or any other investigator talked to a Steve Killian. Apparently, Mr. Killian thought he saw Emily Anderson after she was reported missing, but Stafford said no one talked to him. "It didn't get done. There's no reason for that."
The defense is definitely pulling out all the strings to make it look like sheriff's office did not fully investigate Emily's disappearance and then her death and did not investigate fully into Jerry Anderson. But Stafford is standing his ground. He admits when something should have been done. He's not making up excuses.
He's still on the stand. I don't know if he'll be there all day or not. C-ya around 3:30.

Heated questioning from the defense

What a morning! Maj. Stafford is still on the stand. The first half of our morning, Eric Bellas continued to question Stafford. He talked about conversations he had with Jerry within a week of Jerry's arrest. Stafford met with Jerry the afternoon of Jan. 18, 2006. They prayed together, Stafford said, and then began talking. Stafford the press and community think whoever killed Emily is a monster. Jerry said, he is a monster (I'm not sure if he meant, he, Jerry, is a monster, or he, whoever killed Emily, is a monster). Stafford said he told Jerry the evidence pointed to him. Stafford said he told Jerry he believed Emily died in those woods behind the farm. Stafford said he told Jerry he knew who killed Emily. During this conversation, Stafford said Jerry held his head down and kept shaking his head, yes. Stafford did say Jerry said during this conversation he did not kill Emily.
While Stafford was testifying to this, Jerry stared forward. Sometimes he would read something off Robert Campbell's computer. Sometime he would look down. Never did he shake his head yes or no agreeing or disagreeing with anything Stafford was saying. He doesn't really smile. He doesn't really frown. I believe the testimony when people say Jerry didn't show his emotions. He doesn't a lot here either.
Then, Lisa Dubs began her questioning. Boy does she get excited. Her voice will get louder and louder. She will lean out of her seat, like she's about to pounce on her prey. But Stafford is holding his ground. He agrees with some things and is polite, yes ma'am and no ma'am, just like this Iredell County girl was raised.
Dubs questioned the investigation. She asked why investigators didn't try harder to get Antonio Reyes' cell phone records. Stafford said Reyes had been eliminated as a suspect. He listed several other names of folks who had been eliminated as suspects, but he could not eliminate Jerry's name, he said. But Stafford said he did not check certain places and people Jerry listed in his first statement to police. That's because Jerry hand wrote the second statement, so Stafford said he focused on it more. Dubs asked about several phone calls made from and to the dairy the morning of Dec. 29. Stafford did not check those records. Dubs asked about the interview Jerry had with an SBI agent on Jan. 6. Would his answers not eliminate him? Did you ignore those answers? Stafford said those answers might would have eliminated him if other evidence had not come up. Stafford said he never interviewed Mary Reyes, Antonio's wife. No reason, he told Dubs. He didn't confirm the interview with Kim Tellas, Martin Tellas' wife, another dairy employee, even though Kim Tellas' interview was not consistent with other employees at the farm.
And that's about where we ended at lunch. I know I've written a lot. A lot has gone on. I bet Stafford will be on the stand until lunch. We'll find out then. I'll be back by 1, hopefully.

The first day of week 4 comes to an end

Well, we almost made it a day without sending out the jurors (and they didn't get here until 2). They were only gone about 10 minutes. The judge wanted to hear Agent Elwell's answer to a Bellas question without the jury present to make sure her response would not confuse jurors. Bellas asked what are reasons you can't get a DNA profile from blood, besides it not being blood or being animal blood - a question Campbell asked Elwell on cross-examination. Cayer allowed her to answer Bellas' question in front of the jurors. She said the most common reasons you can't get a DNA profile are because there is not enough sample there, it's not human blood and the sample is inhibited, meaning it's dirty or come in contact with something that would not allow it to be amplified to where an analyzer could get a profile. Science, man. It definitely wasn't my favorite subject in school. The defense asked Elwell about a rape kit. Basically, Campbell asked her to explain how a rape kit works, and then he asked her if she received one in this case. She said no. I had a feeling the defense was going to bring that back up. Remember, the sheriff's office never sent the rape kit off to be tested.
Stafford took the stand the last 15 minutes of the day. He explained a group of photos to the jurors. They were photos of the open field and wooded area searched on Jan. 18, 2006, the day the cadaver dogs were there. One photo was of the tree were the dogs alerted to a scent. He showed the jurors a discoloration in the tree. I am about 10 yards away from the jurors, but to me, the discoloration looked red. And, some of the bark had been chipped away somehow, Stafford explained. Does that mean Emily died in the woods behind the dairy? I guess that's up for the jurors to decide.
That will still be weeks, if not a month, away. Bellas said he hopes to be finished by the end of the week with his witnesses. Then, it's the defense's turn. Recalling the names of potential witnesses read on the first day of jury selection, the defense has more witnesses than the prosecution. I bet it'll be another four weeks of testimony. I don't know how long the jurors will take to deliberate. We'll find out sometime in the coming weeks...

Alex, I'll take soil for $1,000

All right. We have some answers about soil. Shelly Hartley took the stand after our lunch break. She said that she tested the soil for blood using phenolphthalein. The results, she testified, were negative for blood. So maybe since her results were negative the sheriff's office decided not to have the SBI test the soil for blood? But why would you send the soil there, which this morning, SBI Agent Jenny Elwell said they received the soil just didn't test it. Oh well. At least we now know that the soil that was collected from around the tree where the cadaver dogs alerted to a decomposing scent did not have blood in it. Since, Elwell took the stand. She's keeping in line with what she said this morning. She said blood was detected on two samples - one from the floor of the cab and one from a piece of mat taken from the tractor. She said she could not get a DNA profile from either of those two samples. Elwell is currently in the middle of cross-examination from the defense. The prosecution might re-direct, and then if they finish up this afternoon, Stafford should retake the stand. C-ya at five.

Early lunch break

Judge Cayer is going to allow SBI agent Jenny Elwell to testify about the blood test done with phenolphthalein - a chemical that can detect blood. She cannot testify about blood tested with luminol - another chemical test - because Cayer felt the testimony this morning showed luminol was not as a relable test as phenolphthalein. There were two samples that another SBI agent tested. That agent wasn't able to come today because she's on medical leave until the end of the week. Cayer is allowing Elwell to testify about the other agents testing since Elwell is that agent's supervisor. Elwell can testify about DNA test, but she can not give her opinion on the DNA test. Cayer said he felt the information about peaks in DNA would confuse the jurors, very understandable. I'm confused how to even pronounce phenolphthalein.
Elwell will testify to all this in front of the jurors at 2. Cayer is allowing to break up Stafford's testimony (who was on the stand Friday afternoon) because Elwell is on vacation this week and would have to travel back down here from Virgina. So, this afternoon Elwell will retake the stand, this time with the jury here. I wouldn't think she'd take the whole afternoon; although, any thing is possible. We might see Stafford back on the stand this afternoon. If not, sometime tomorrow morning.

No DNA match from blood samples

Happy Monday morning. Can you believe it's July already? This morning we heard from two witnesses. Now, the jurors are not here. They will return at 2. Caldwell County Det. Shelly Hartley and SBI agent Jenny Elwell testified this morning about blood testing. Hartley did testing to see if blood was any where around the tractor. Based on chemical test, she had a positive match for blood from the floor of the cab of the tractor. There were no positive hits of blood in the bucket, but there was some type of reaction, Hartley said. Elwell confirmed Hartley's results. Elwell test for DNA. In that sample of blood from the tractor, Elwell said she was not able to produce a DNA profile. Elwell also tested a sample from a floor mat inside the tractor cab. While there was more activity, Elwell did not have enough to get a DNA profile from the floor mat either. And, something I've been waiting for was the results of test of the soil taken from around the tree were the dogs hit. But that wasn't tested Elwell said. She wasn't sure why other than they were asked to check the boots for soil. Well, that's a bummer. Wouldn't that test be important? Wouldn't it be helpful to know if there was blood in soil in a wooded area behind the Anderson dairy where witnesses testified Jerry and Emily went and Jerry came out and Emily didn't? Maybe, someone else tested the soil? I don't know, though. She said the soil and the dirt from Emily's boots weren't tested. Oh well. I gotta get back. We'll hear soon what the judge is going to allow to be testified to regarding the SBI testing for blood and DNA.