Murder in Saw Mills

Charge dismissed

2007-11-27T15:24:00.001-05:00

I'm not sure if anyone keeps up with the blog site anymore, but the charge of murder has been dropped against Jerry Anderson. I'm working on a story, but basically he's a free man.

Jerry posted bond

2007-07-23T11:08:00.000-04:00

Jerry Anderson is out of jail. He had the biggest smile on his face. He walked out with his attorneys. He had two of his friends, Mike and Patty Ramsey, give him a hug and escort him back to Caldwell County. I was told a gathering is planned with family and friends, and he really wants to see his son, Matthew, who Jerry has only seen once (in court earlier this month) since his arrest in January 2006. Jerry didn't say anything to the hoards of media walking him out the jail. Lisa Dubs told us that was at the defense's request. Since charges are still pending, she doesn't want anything Jerry says to get twisted. No word from the district attorney's office yet if the charge will be further pursued. I'll let y'all know when I hear something. Check out tomorrow's edition of the HDR to see photos and read further what attorneys and friends had to say. I am also working on a video for our Web site. Thanks everyone.

Thanks

2007-07-20T20:30:00.000-04:00

Hello all. I wanted to take this time to thank everyone for checking out this blog. The purpose was always to let folks who couldn't be in court, but cared about Emily and Jerry, know what was going on. I always tired to remain fair and unbiased, and I hope that came across to everyone. Your readership and the comments (although too harsh for my liking sometimes) are valued and much appreciated. Please check out the Hickory Daily Record's online or print versions tomorrow to hear comments from attorneys, jurors and family and friends. I am going to now be on bond watch. I will post if/once Jerry is released from jail, and I will post anytime I learn something new about the case, so check out the Web site every now and then. Thanks again. Now, I must go finish my work and get out of here in the next few hours. It's been a long six weeks, but enjoyable and, I hope, informative. Take care, and who knows, maybe I will still be around for Jerry's next trial. C-ya later. Blogging out, Jenn

Recap of the Afternoon

2007-07-20T18:14:00.000-04:00

Jerry Anderson has not made bond yet. His attorneys think that will most likely happen sometime Monday morning. I talked to four of the jurors this afternoon, with the help of my Channel 9 news partner.
Juror Cynthia Absher, who voted not guilty, said it was very hectic at times. She said the jurors laid out the timeline, and in her opinion, there was no way Jerry could have killed Emily in about 10 minutes, according to their timeline. She said she also considered the two doctors who said most likely, Emily died 2-4 days before Emily's body was found. She was also concerned that Antonio Reyes didn't give his real name on the stand.
Juror Michelle Johnson also believed Jerry was innocent. She said she even cried, as did several others, when they knew that Jerry Anderson would be going back to jail.
Fellow juror Roger Baker was the sole juror who believed Jerry was guilty. He said he did what was in his heart and what he discussed with God, and he could not find Jerry Anderson not guilty.
Check out Saturday's edition of the Hickory Daily Record for more on what the jurors had to say and what the attorneys had to say.
I'll be back later tonight.

I'll be back

2007-07-20T16:08:00.001-04:00

All right. Jerry is staying down here until a bond is made, which will probably happen, I just don't know when. I have to get to work, not that I haven't been working, but it's time to talk to folks. I will definitely write to y'all sometime later. Thanks so much everyone.

2007-07-20T16:00:00.000-04:00

bond 150,000 secured

Just waiting for the bond hearing to start

2007-07-20T15:13:00.000-04:00

All right everyone. It's not over yet, kind of. Dubs made the bond motion. Once the judge gets done talking to the jurors, and both counsels requested to speak with the jurors, and then we should hear the bond motion today. Dubs said it shouldn't take long, especially since the judge has heard all the evidence. I hope it comes out what the split is. 11 to 1. One away from a verdict. Dee says she's doing OK. Bless her heart. Friends of Jerry also seem upset. His sister had to leave to go back, so she's not here today. I feel bad for her, too. We will have to do this all over again, unless the DA decides to drop the charges. Not sure that will happen. So, Jerry is not a free man. Dubs is going to fight to get him out of jail, though. We shall see what happens. I will be back when something else happens.

2007-07-20T15:04:00.001-04:00

This is over. Dubs made a motion for a bond set and the judge will hear that once he talks to the jurors. I will definitely be back. Wow.

2007-07-20T15:04:00.000-04:00

This is over. Dubs made a motion for a bond set and the judge will hear that once he talks to the jurors. I will definitely be back. Wow.

It's over

2007-07-20T15:01:00.000-04:00

Mistrial! The judge just declared a mistrial.

2007-07-20T14:59:00.001-04:00

The judge asked the jurors if any of them felt they could reach a unanimous verdict and NONE raised their hands. They are going to decide what to do.

2007-07-20T14:59:00.000-04:00

The judge asked the jurors if any of them felt they could reach a unanimous verdict and NONE raised their hands. They are going to decide what to do.

2007-07-20T14:54:00.000-04:00

They are bringing all 12 in here. The judge is going to ask the foreperson if she thinks continusing deliberations would result in a verdict. Let's find out.

Waiting...

2007-07-20T14:47:00.000-04:00

We are all just waiting in suspense here. The defense is in the holding cell. They are now asking for the note. Bellas and Tutterow exchange a few words. Now Stafford is in on their conversation. Everyone just waits. Jerry and Dee Watson are here. I haven't seen Jerry's sister today. I can't imagine how much time all these folks have taken off from their jobs and away from their homes. Today is one of Jerry's friend's birthdays. She said all she wanted was for this to be over and Jerry free.

It sounds like a deadlock, though. What will happen, though. Will Cayer make them continue? How could he? It really sounds like this is deadlocked. Like this one last person is not, is not going to change his or her mind. What will happen. I will let y'all know something as soon as I know something.

Deadlock continues

2007-07-20T14:41:00.000-04:00

It's a note that says, "Your honor, we have reviewed the evidence thoroughly. One has stated that nothing presented is going to change their mind of their decision made. While they have somewhat participated in the deliberation process, their decision has not changed since day 1. If we feel it were possible, we have no problem continuing deliberation, but deliberation has seemingly ceased."

Now, the note says one juror, but their was used - I guess not to reveal male or female?

The defense went to Jerry's holding cell so they could talk about this in private. We shall see what happens.

The jurors have a note

2007-07-20T14:40:00.001-04:00

It's either a question or maybe another note of deadlocked? We will find out very soon.

Nothing by lunch

2007-07-20T12:28:00.001-04:00

Well, it's another lunch in Gastonia. Where shall I go to today? I haven't heard much talk about lunch. Someone mentioned Zaxby's. I also heard some folks talk about the O.J. case. I know this case isn't as large scale as that case was, but for our area, I really think this has been the biggest case in a long time.

So, Cayer is going to give the jurors their 90 minute lunch break. Then, they will be back at it at 2. Would they really go all day and into Monday? I know we are all waiting, but, at least, I hope, they are taking this seriously. I really hope deliberations haven't ceased, as the letter said Monday. Surely, they wouldn't just be sitting in there talking sports and TV.

I will be back this afternoon folks. C-ya.

It's time for the mid-morning break

2007-07-20T11:01:00.001-04:00

Just an FYI, we have reached the mid-morning break with no further word from the jury. We will now go until 12:30, unless we hear something from the jurors.

I'd say things are about the same here. There's a lot of newspapers out this morning. In the media corner, we are trying to get some other work done. Several folks are out in the hallway, getting some time off their bottoms from these hard, wooden benches and making small talk. The defense team has spent the morning reading or surfing the Web.

Yesterday, Lisa Dubs told my Channel 9 news partner that Jerry did a lot of pacing, but for the most part is keeping an upbeat attitude. He smiles when he enters the courtroom. I've seen him talking and joking around with the guards. Emily's family, for the most part, stays out of the courtroom. Dee has a lot of books, magazines and crossword puzzles in her hands. She's just waiting. We are all are just waiting. It's hour 32, day 7.

I will be back around 12:30, or earlier if something happens.

More paper please

2007-07-20T10:19:00.002-04:00

They want a flip chart, which is just a really large pad of blank paper. I guess they are still deliberating hard back there, taking notes and writing out points. The judge will let them go until 11 and then they will take their usual break.

Will we learn anything today? Will Jerry spend another weekend in jail, waiting for a verdict - or as a guilty man, or will he be free? Maybe we will find out today. It's day seven of deliberations.

Question

2007-07-20T10:19:00.001-04:00

Jurors have a question. I will be back.

This trial will go another day

2007-07-19T16:52:00.001-04:00

Another day without a verdict or a declaration of a mistrial. How much longer will this go? The jurors have now deliberated for 30 hours and 30 minutes. I am just wondering if they will come back tomorrow with either a decision or a, We just can't decide. If they do that, will the judge call this thing?

Well, I know one thing for sure, we will all be back tomorrow at 9:30. One of the alternates has an engagement in the morning - remember the false alarm from yesterday afternoon. But Cayer is going to ask all but him to return at 9:30 a.m. when deliberations will continue. I will post something in the morning. Still waiting for that red light. I hope everyone has a good evening.

Nothing new at the mid-afternoon break

2007-07-19T15:25:00.000-04:00

Good afternoon everyone. It's time for the mid-afternoon break and no word from the jurors. I guess they are back there going over the evidence, debating further. Unless they are taking sports and food and movies, but I hope not. I think they want to come to some type of decision, but it sounds like a few are not going to change their minds. So now I ask, will they come back this afternoon and say we are still hung, or will we all be back tomorrow? Well, we have an hour and a half left in the day. Technically, we have one hour and 15 minutes. So, I did the math. We are at 29 hours and 15 minutes of deliberation. Wow. By the days end, it will be at 30 hours and 30 minutes. The defense and prosecution have said this is the longest deliberation either has waited. Interesting...

Well, we keep waiting. A lot of small talk, story telling and even some laughing. As long as we've all been waiting, you have to try to keep a positive attitude, especially those that are personally involved. I'm not saying we are taking this situation lightly, but you have to have a positive attitude or you will go crazy. Well, I will be back at 5 if nothing new happens, but you can bet I will let y'all know if anything happens.

Deliberations will continue after lunch

2007-07-19T12:14:00.000-04:00

All right. The jurors are deliberating until 12:30 and then they will break for lunch. Based on the note of the foreperson, it sounds like they are deadlocked. She said she didn't know what to do at this point. Man, I feel bad for these jurors. I can't imagine how frustrating this is. What else could they talk about? It really sounds like no one is changing their mind.

10 to 2... And the foreperson said there has been some change, but that the change has been in the same area. So, maybe it was 9 to 3 and now it's 10 to 2?? That's just a guess. I wish I know if it were toward guilt or innocence. I have my theories, too, but I am trying to remain an unbiased journalist.

Sigh. Man, what an amazingly exciting 25 minutes. My heart is racing. I bet you anything these jurors thought they were going home. I wonder how they are feeling now? I watched their faces. No smiles. Heads down. One woman pounded her fist against her hand. She looked so frustrated. Another woman was shaking her head. I feel for them. I feel for Jerry. I feel for Emily's family and Jerry's family.

So, also, I need to tell y'all, Lisa Dubs argued hard to have two parts of the closing arguments stricken from the record. One was when Bellas argued about the defendant not representing himself and not calling witnesses and stating certain theories. She said that was not fair to Jerry. She also argued that the point Bellas made about loading up Emily's truck into a trailer equipment was not properly introduced into evidence. Dubs said Stafford said there were several trailers around the dairy farm, but that was all that was said about trailers. There was no argument about size of the trailers, if one could even fit a truck. Good point, but Cayer said he would object to the motion. He said he would ask for the split and re-instruct the jurors.

It was brief. He told them to reconcile their differences and not to hesitate to re-examine their views and opinions. However, again, he told them not to change their opinions solely because of a fellow juror or mere purpose of returning a verdict.

Wow. Well, I guess it is time for lunch. I guess we will be back at 2. What will happen by the day's end? Will both two change their minds and we will have a verdict or will this end with a hung jury mistrial? I will be back.

Ten to 2

2007-07-19T12:10:00.000-04:00

Ten to two is the split. But the foreperson was instructed not to say toward guilt or innocence.

What's the split?

2007-07-19T12:08:00.000-04:00

Cayer is planning on bringing out all (12) the jurors to determine the split. And, see if there has been a change in that since Monday. Cayer then plans to give some type of instructions. I will be back as soon as I know the split.

Deadlock

2007-07-19T11:54:00.000-04:00

The foreman sent a note saying they are still deadlocked. She doesn't know what to do. Attorneys are agruing now about what to do. I will be back.

Question

2007-07-19T11:53:00.000-04:00

They have a question. I will be back.

It's officially been a week

2007-07-19T10:50:00.000-04:00

Well, it's 11 a.m., Thursday, July 19. Deliberations began last Thursday at 11 a.m. Jurors have been deliberating for 26 hours and 30 minutes. Everyone is still waiting. I've seen some folks pacing around. A lot have newspapers in their hands. In the media corner of the courtroom, several of us and Lisa Dubs had an interesting conversation about the death penalty. I am interested in law and crime, which kind of goes along with my job, and I took several law and psychology courses in college. If you have time and are interested here are a few Web sites to check out: www.aoc.state.nc.us/www/ids; www.deathpenaltyinfo.org; and www.cdpl.org. Do you know that it costs $2.16 million per execution over costs of life in prison? That's according to a 1993 Duke University study. I bet it's more now with inflation. North Carolina ranks seventh in the country (out of 37 states currently with the death penalty)for inmates on death row: 185. And, the state ranks sixth in executions since 1976, with 43. Four were put to death last year. None so far this year. Everyone has their opinion about the death penalty. Personally, I don't see how killing is justification for killing. Under the government's law, murder is wrong, but yet they put someone to death. Also, there have been 124 people exonerated since 1973 from death row that were innocent. And I can't imagine how many others have been executed that were innocent. Now, I trust in my law enforcement, and I work with a lot of great people on my beat. But I think it's fair to say we all know no one is perfect, present company included. Have y'all watched The Life of David Gale? It's one of my favorite movies. Check it out. Great movie. Great ending.

Well, I need to get this posted. If something happens before lunch, I will post right away. The jurors are on the mid-morning break now. Then they will work until 12:30. Will anything happen?

It was nothing

2007-07-18T16:56:00.001-04:00

False alarm. It's a note from one of the jurors. Apparently his daughter is graduating from high school Friday (because she was in summer school) and he asked if he could come in at 11:15. The judge said he would try to accommodate him, and he and the attorneys would discuss tomorrow depending on what happens tomorrow. So, no verdict or deadlock or further request. So we go another day.

Jerry Anderson will be in jail another night without knowing if jurors think he's guilty or not guilty. I wish I knew, at least what the split is. We know from the letter Monday that some jurors - plural - have stated opinions and are not wavering and some have ceased deliberations. But we've gone two days further now of them deliberating so I guess most are being reasonable about this. I can't imagine the stress or the pressure they are feeling. I've never been on a jury, never been asked to be on one. I can imagine they are ready to be home or back at work, especially the alternates. They are just sitting in a room. Cayer told them not to even discuss the case. I think Cayer is ready for a verdict, too. Sometimes when he comes in, he seems almost frustrated or impatient, maybe tired. I know he has invested so much time in this case, and I bet he wants a verdict. I think we all want a verdict.

Blog to y'all tomorrow morning.

What is it?

2007-07-18T16:43:00.000-04:00

The judge is about 10 minutes early. Is something going on? We are waiting for the prosecution to arrive... I will let y'all know asap.

Nothing new

2007-07-18T15:28:00.000-04:00

Just an FYI, it's time for the afternoon break and we haven't heard anything. By the time they get back at 3:45, they will have one hour and 15 minutes until the day is over. Will we learn anything today? The waiting continues...

Let's talk money

2007-07-18T14:54:00.000-04:00

Hey guys. Unfortunately, we haven't seen the red light, and I finally stopped singing The Police song Roxanne in my head after yesterday's comments - until I just mentioned it now. The jurors are still in there. I'm trying to decide if they will come back today or not. If they are going through every single piece of evidence, they got about 190 pieces yesterday, that could take a while. So, I was wondering, well all the media has, what kind of money these jurors are making. And the intelligent Kristen Hampton with Channel 3 went and asked. Here's what was discovered on the North Carolina Courts Web site:
Jurors make $12 a day on day 1. $20 days 2 through 5. Day 6 and after, they make $40 a day. If you count up the days from June 8 (skipping July 4), the jurors have been here 28 days. Each has made $992. Counting all 16 jurors (remember the four alternates are still here), that brings the total to $15,872. It's actually going to be higher than that because they also get paid each day they are here for jury selection. So, easily more than $16,000 spent on jurors since May 14. But, I would say most people make more than $40 a day, unless you are retired (which I think one or two are) or in college (which one, maybe two are) or unemployed (I don't know about that one). Food for thought...

Nothing before lunch

2007-07-18T12:24:00.000-04:00

Well folks, we will break for an hour and a half with no news of what the jurors are thinking. I can assume that they are going through all the evidence. Remember, they have all approximately 300 pieces of evidence with them in the deliberation room. As of 12:30 p.m., the jurors have deliberated for 22 hours and 15 minutes since 11 a.m. Thursday.

So, we can wait. Will a decision come after lunch? Only time can tell.

Mid-morning break

2007-07-18T10:56:00.001-04:00

Hey folks. Just wanted to let you know we have reached our mid-morning break. We've not heard anything else from the jurors since they heard the voicemail messages. Again, this is the only time in my life that I'll probably wish I were a fly on the wall in that deliberation room. I heard a deputy say yesterday that she heard arguing come from the deliberation room. I hope no one uses the scissors or thumbtacks for weapons. They've also got paint cans with oil filters in them in the room. It's full of dangerous weapons. Seriously, though, I am sure they are working hard. I don't think they are just wasting their time and ours.

As for folks in the courtroom, there are several newspapers out. I see one person reading a book. A lot of small talk. I've already heard someone inquiry about where's lunch today. Good question. I'm starting to get hungry myself. The defense team mostly remains at their table, doing stuff on the Web and taking notes of some sorts. The prosecution, like always, is off somewhere else while the jurors are out. I haven't seen but two members of Emily's family, but I know they are here, and I know there is support from North Carolina, Kentucky and New Jersey. So, all around this east coast, we are waiting. Waiting to see what those 12 folks will decide.

Well, the judge is going to let them work until 12:30. If we get anything before then, I'll be back. If not I'll let you know it's time for lunch.

Voicemail messages played

2007-07-18T10:00:00.000-04:00

When the jurors walked in, they looked solemn, almost frustrated. They mostly keep their heads down, and I don't believe I saw one who was smiling. A few carried in notebooks. All listened intently as Bellas played the voicemail messages. Some wrote notes. The first CD was two voicemail messages from Jenny Wilson, who kept a plate of food for Emily the night of the dinner party. On the second CD, we heard Emily's voice again. The first voice mail message was from Jerry. Robert Campbell patted him on the back when it played. Jerry just stares forward, listening. The second message is from Jerry, wondering where Emily is because she's not home and getting ready for the dinner party. There are 14 total voice mail messages on the recording. Most were people looking for Emily, such as her best friend, Pat Thorpe, her sister, Dee, and a tearful niece, and several folks from Sawmills, such as Mindy Ramsey, Pastor Rick Crouse and a tearful Kathy Ramsey. Lt. Chris Brackett also left a message for Emily. He was looking for Emily. They got a missing person's report from her husband, who is "very worried about you," Brackett told Emily on the cell phone voicemail message. He also told Emily no crime had been committed and he just wanted to know she was OK.

So, the jurors are back there deliberating. I guess they will go until 11 before the mid-morning break. I will be back.

Request for an audio player

2007-07-18T09:47:00.000-04:00

OK. They are requesting an audio player to listen to the recorded voice mail messages left on Emily's cell phone. They specifically said they didn't need video equipment, just audio. So, I guess they aren't interested in seeing the dog search again.

So after discussing with the attorneys, Cayer decided to bring them back in to listen to the recordings. Bellas went to get his computer and speakers so he could play the recordings for the jurors...

Off to an eary start

2007-07-18T09:46:00.000-04:00

The jurors have a question already. We are waiting for Judge Cayer to come in. I will be back with any information that's provided.

The day is over with no verdict

2007-07-17T16:57:00.000-04:00

Well, it is 5 p.m. and no word from the jury. I guess we will be back tomorrow morning. Getting nearly 190 pieces of evidence before lunch, I guess they are still going through it all. I wonder what will happen tomorrow. No need to speculate. All we can do is wait.

Jerry calmly walked into the courtroom. Earlier he lost his tie, but since has it back on. I think they found a book for him to read. It's another night in jail, waiting to find out if he will spend the rest of his life in jail or not. It's another night in North Carolina for Emily's family.

I will be back in the morning, folks. Will tomorrow be the big day?

Nothing at the mid-afternoon break

2007-07-17T15:21:00.000-04:00

Well, it's time for the mid-afternoon break. Cayer is giving them the usual 15 minutes. I think the big question is will they come back with anything today, or will this continue to tomorrow? Right before lunch they got about 190 pieces of evidence and a pair of scissors. I am sure they are going through almost all of that evidence, at least glancing at the exhibits. Between Thursday and Friday, jurors asked and received about 120 pieces of evidence, and that took them to Monday afternoon to deliberate over... So...

Well, we just wait. The crowd has grown smaller since lunch. For the folks here, I noticed cross-word puzzles, more newspapers and a lot of small talk. They jurors have been deliberating for about 19 hours. Wow. I know that seems like a lot, but you've got to remember we saw four weeks and two days of testimony. That's a lot of notes and evidence to go through. I will be back this afternoon... either with some news or this day will be over.

Request for scissors

2007-07-17T12:23:00.000-04:00

It appears the jurors requested scissors to get into some of the exhibits. Man, I hope no one gets mad and uses those things as a weapon.

Well, we are breaking in five minutes. So, I will not write again, unless something happens. The jurors will be on break until 2, and then deliberation will begin again.

Tons of evidence

2007-07-17T11:50:00.000-04:00

Well, jurors now have all of the evidence (more than 300 exhibits) that was introduced in this case. A few other things they stated that is now with the jurors are: Jonni Joyce's resume; photo of a key found in Emily's truck, but not the key itself; and voice mail messages on Emily's cell phone.

While attorneys went through the remaining pieces of evidence, Jerry sat patiently in his chair. I bet this seems like an eternity to him. He stares forward, slightly bouncing in his chair. When I got a profile view of him, he looked really tired and worn down. But each time he enters the courtroom from his holding cell, he has a smile on his face. I guess he's trying to keep a positive attitude. I can't imagine. His life hangs in the balance.

So the jurors have all the evidence. The judge is going to let them continue deliberating until lunch, at 12:30. I will be back if something happens before then, if not I'll let you know it's break time.

No verdict, sorry

2007-07-17T11:34:00.000-04:00

The judge has a note in his hand. The jurors are requesting all the evidence presented in this case. "We feel it will help us in reaching a unified decision," Cayer read from the note.

So, no decision yet. Sorry to get everyone on high alert, but I get excited when something happens. I mean we are into hour 17 of deliberations. It seems a decision could come, but it appears the jurors are split, as we learned yesterday.

Some of the evidence left includes the oil cans, diagrams of the paint chip samples from the SBI lab and more documents and photos.

Will a verdict come back today? You bet I've got my eye on that red light.

Red light

2007-07-17T11:33:00.000-04:00

The red light is on. The red light is on! Question or verdict??

Nothing yet this morning

2007-07-17T10:50:00.000-04:00

Good Tuesday morning folks. Unfortunately, I don't have any big news to share with y'all so far today. Deliberations got started around 9:30 a.m. this morning. So far, we haven't heard from the jurors. I wonder if we will today or not? From the note yesterday, I got the impression some jurors are dead set in their opinion and do not want to deliberate anymore. But when Judge Cayer orders you to reconcile your differences and keep deliberating, I guess that's what they are doing.

So, we are just waiting. A few folks brought books today. I see several newspapers passed around. The defense attorneys are chatting it up with local media and surfing the Web. Again, the prosecution does not stay in the courtroom while the jury is out deliberating. Nor does Emily's family. I feel so bad. I know how much I am ready for a verdict or something. I can't imagine how much this means to them, or to Jerry's sister. She's sitting with her head down. I am sure this is exhausting.

But there's nothing we can do to speed this up, so we just wait. I wonder what the judge will do if they come back deadlocked again today? Will he make them continue to deliberate? Will this trial be declared a hung jury mistrial and this will be over? We'll find out soon, although, it feels like later, huh.

Deliberations will continue tomorrow

2007-07-16T17:08:00.000-04:00

Well folks, another day without a verdict. At least we have some idea of what's going on behind closed doors. It seems they are deadlocked. It seems some jurors refuse to deliberate any more. When they came in just a few minutes ago, they didn't reveal too much emotion. They looked tired and some looked even frustrated. I can't imagine how frustrating it is. By the way, the foreperson is a female, and the retired cop that has been mentioned, I was told he was excused during jury duty, so he is not in the jury box.

We will be back tomorrow at 9:30 a.m. Will anyone change his or her opinion? Or will this end with a hung jury?

Jurors ordered to continue deliberations, as reasonable adults

2007-07-16T16:42:00.001-04:00

Cayer: Bring jury back into courtroom. Read the note in their presence to indicate I've received the note, then instruct them 101.40, which says they should reconcile their differences and try to reach a verdict. However, you should not surrender your opinion for the purpose of a verdict, Cayer said.

Wow. So, the jurors can't decide. It sounds like some jurors are being unreasonable and won't waiver their opinion, and don't want to deliberate any more. But Cayer is making go back in there. He's giving them 30 minutes, so we will go a little over today, until 5:15, then if there's no verdict, he will send them home until tomorrow. Wow. It took all day, but something finally happened. Will we get a verdict today? They have 30 minutes. I'll be back.

Jurors are deadlocked

2007-07-16T16:31:00.000-04:00

It's a note: We feel we are currently at a deadlock, opinions stated and are unwavering. Deliberation has ceased among some jurors. They are not stating reasons why. We feel some jurors are not basing decisions on the evidence presented. Collectively, we are unsure what to do at this point.

State: It seems to make sense to instruct them about the court's instructions. I would think instruct them at least once their duty of what to do in this case.

Defense: We have no objection to that. We would ask, especially since, the note is unclear some of them, not some of us, find out what the split is.

Cayer: The jurors have been out since Thursday morning. Giving the length of this trial and the complexity of evidence, I'm not going to stop deliberations. I think they do need to continue to deliberate in trying to reach a verdict. Obviously I can't interject myself into their deliberations. I can give them the instruction available on this situation. That's what I am inclined to do at this point.

Long silence... I will be back....

Something's going on

2007-07-16T16:29:00.000-04:00

Something is happening... What's going on?! Well, we are waiting for the prosecution to come back. Judge Cayer is here. We think it's a question. Or is it?

Still in deliberations

2007-07-16T15:18:00.000-04:00

There's a lot of pacing, a lot of staring forward, and in my corner, a lot of talk about football. I wish I had more to tell you guys. Folks are talking to each other, some folks still reading the newspapers and folks with computers surfing the Web. Like I said, the prosecution team doesn't stay in the courtroom while the jurors are off deliberating. The defense attorneys are on their computers. I believe Campbell is in the holding cell talking with Jerry. Judge Cayer is in his chambers. Who knows what he is up to. I am sure all of these people have other cases to work on. I am trying to get some other work done, but we keep talking about football, which is my favorite sport in the world. It appears one of the guards is reading. Another is talking to a clerk. We are all waiting. Just waiting. I thought with the jurors asking for instructions they would make a decision. I guess there are people in that room with different opinions. I will try to let y'all know immediately if something happens. No red light yet.

No verdict by lunch

2007-07-16T12:26:00.001-04:00

Well, I guess we will go to lunch. I bet Jerry is tired of jail food. If he is found not guilty, I wonder what his first meal would be. I love Atlanta Bread Company. They have the best avocado sandwich. I also must admit, I love Taco Bell. Fourth meal.

All right, the judge is back. Looks like he is bringing in all the jurors. The alternates are staying in a room behind this courtroom. They are not in with the other 12 in deliberation. Could you imagine if one of the jurors did get sick and an alternate would be used. They would have to begin deliberations basically all over again, maybe. We are into hour 12. We'll see what happens after lunch.

Repeat of the instructions

2007-07-16T11:47:00.000-04:00

The instructions took about 15 minutes. The jurors are back there deliberating now. They have about 45 minutes before the judge says he will break them for lunch. Will we have a verdict by 12:30 or will this go into the afternoon? I wonder why they wanted to hear the instructions again. Maybe they are real close to a decision.

So, the instructions are simple. Cayer reads from sheets. He said reasonable doubt is based on common sense. He told the jurors it is their opinion what to believe a witness says, and he told the 12 jurors (alternates were not present) they are not bound by expert witnesses. He told them they cannot hold it against the defendant if he did not testify. Cayer told jurors they must be completely satisfied, beyond reasonable doubt that the defendant committed the crime. If they have reasonable doubt, they must find the defendant not guilty. Cayer also instructed the jurors not to consider the death penalty. He said that would be decided during a separate hearing and should not be a concern now. "It is your solemn duty to let the verdict speak the ever-lasting truth."

I will either be back at lunch or earlier - if something happens. I'm watching the red light.

Nothing new this Monday morning

2007-07-16T10:53:00.000-04:00

Good Monday morning. We were all in suspense for a minute. The deputies came in. Jerry's here. It's time for the break. Wait, Judge Cayer has a note. "We the jury are requesting that you review the instructions in deciding this case." So, the judge is getting everything in order. The jurors are coming in. They will break for 15 minutes, and then Cayer will go over the instructions and charge again. If he says everything like last time, this will take about 20 minutes. I'll be back.

Here's what I wrote before the note came down:

The courtroom is about half full of family, friends and a row of media - again all with our computers out. Folks are just talking about life. I'm having a challenging football conversation with Ken Lemon, the Channel 9 reporter. Newspapers are out. Computer games are on the screens of the attorney's and others. The prosecution isn't staying in the courtroom. I assume they are in the local DA's office or in a more private place with Emily's family, who also aren't hanging out in the courtroom. Waiting is the hardest part.

I wish I were a fly on the wall. I know that's a over-used cliche, but wouldn't you like to know what the jurors are talking about? They got dozens of pieces of evidence. They've got thumbtacks. But at least they are taking their time. It appears they are taking their duty seriously, which is respectable, to say the least. I can't imagine making this decision. All or nothing. Wow. Well, we just wait.

Another week comes to an end

2007-07-13T16:51:00.000-04:00

Well, folks, another day, another week, and still no word if Jerry Anderson is guilty or innocent of killing his wife. The jurors were told at 5 p.m. to go home for the weekend. Deliberation will begin at 9:30 a.m. Monday.

My heart just aches for Emily's and Jerry's families and friends. Especially, their siblings. All are traveling from Kentucky, if I am not mistaken. I know, at least with Emily's relatives, they have been going back home over the weekend and coming back down on Sunday. What a lot of traveling. I know that can just add to the exhaustion. I notice tissues in hands, somber looks on the faces of many close to the victim and defendant.

For Jerry, this means another weekend in jail. Like I observed, his spirit seemed high today. He just came from his holding cell smiling and talking to his council. Earlier in the week, his attorney said he was doing OK, just ready for the end.

I think we all are, just maybe not quite as anxious as those with personal connections to this case. Well, I will be back Monday. Will the end be then?

Check it out

2007-07-13T15:39:00.000-04:00

http://bloginterviewer.com/crime/murder-in-sawmills-jennifer-menster

You might have to copy and paste the link into your address bar, if you are interested.

Jurors ask for more exhibits

2007-07-13T15:20:00.001-04:00

Oh my goodness. Is the red light not working? They are saying something is wrong with the buzzer. I've been watching the red light box since 2, literally that is about all there is to do. Just wait.
I've heard folks talk about retirement and taxes. We've talked about horoscopes and what not. Several media folks are on the back row with me. We've all got our lap top computers. My dad the fireman would not be happy with all the wires thrown out like this.

The judge is here... Requesting more exhibits. No verdict. Dang it.
Here's what they asked for: The family photo of Mike, Dee and Emily; photos taken from the Holiday To Go, where Steve Killian testified he saw Emily with another man (mullet man) the day after Emily was reported missing; weather reports, which I assume are from Duncan, S.C.; photos of Emily's sweatshirt; and photos of the office, dairy, equipment and Ray Wilson's property during the Jan. 18, 2006, search of the property.

So what does all this mean? I guess they are still going through evidence and deciding if Jerry Anderson committed this crime. I'm beginning to think, as time goes by (sometimes slowly) and as they call for more evidence, that we might not no anything by today's end. The jurors are getting a 15 minute break. They will return deliberation at 3:45, with an hour and 15 minutes left in the day. We will just have to wait and see. I will blog later.

Deliberation breaks for lunch

2007-07-13T12:24:00.000-04:00

Well everyone, I wish I had something interesting to tell you. There is no decision. The only decision to decide upon now is what's for lunch. I heard Western Sizzler and Tequilas (a local Mexican restaurant) discussed among everyone in the courtroom.

We all just wait, still. It's been more than six hours of deliberation now. I am leaning toward a hung jury, but you never know. Most likely if the jurors come back and tell Judge Cayer they can't make a decision, he will remind them of their duty and ask them to come to a conclusion - at least that's what happened in one other case verdict I've covered.

I will try to write something this afternoon. More thumbtacks needed or maybe a stapler or sticky pads. Seriously, hopefully, we will have some type of verdict this afternoon. Despite the seemingly upbeat attitude folks in the courtroom have, everyone seems to be anxious for an answer. Jerry seems positive. He's smiling, talking to his attorneys, sometimes laughing. The last three days, he has sat in between his council. During all testimony, he sat on the outside, beside Campbell.

Well, the jurors are getting the usual instructions - don't discuss the case outside the jury room, do not listen, read or watch any media coverage, and don't have any contact with anyone involved in this case. The jurors look, well nothing, maybe tired, like they are working hard. I bet they are working hard, at least I hope so. This is a big decision. I'm glad there doesn't appear to be any rush to judgment.

No verdict yet, just thumbtacks

2007-07-13T10:23:00.000-04:00

Thumbtacks, ladies and gentlemen. For a minute there, I didn't know what was going on. I thought the moment could be upon us. Jerry came back in. The judge came back. But, the red light never came on. Turns out the jurors wanted thumbtacks, and Cayer wanted to put it on the record. Man, my heart started racing. What would you need thumbtacks for? Maybe the large map they have of the Sawmills community? I hope they don't poke each other. "I'm right." "No, I'm right." Poke.

I really hope a verdict comes back today. Do you think they would want to go over the weekend? I don't know, though. It seems they are taking this really seriously. They've been at it since 9:30 a.m. this morning. They went 4 hours and 15 minutes yesterday.

So, everyone is just waiting. Several folks are sitting in here, talking about life, reading the paper and just waiting... Folks are walking the hallways, just waiting. I sit here, surfing the Web, checking my email and working on other stories. Basically, I'm just waiting.

Well, I will be back later. Maybe next time they will go for something bigger like a push pin.

The day's over with no verdict

2007-07-12T16:52:00.000-04:00

Well folks, it is 5 p.m. The judge is letting the jurors go home for the day. I guess that means we will be back tomorrow. Will a decision come tomorrow? I hope so. I think we all want to know - probably not as bad as Jerry or Emily's family. I wonder what this means - can they not all agree? I guess not. They've had the case for deliberations for 4 hours and 15 minutes.

This is hard for everyone. It really shouldn't be about sides. Anyone who cares about either of them just wants justice. Everyone involved deserves justice.

You know what I realized. Tomorrow is Friday the 13th. I am not big into superstitions, but isn't that just odd, especially if a verdict comes back. Will it be a curse for Jerry, or will 13 become his lucky number? We'll see. I will be back in the morning.

Break

2007-07-12T15:47:00.000-04:00

I wish I had something to tell you. The jurors are taking the afternoon break. After 15 minutes, they will begin deliberation again. I wonder if we will have a verdict today. I want to know something. Anything. Now, the jurors can decide not guilty or guilty, or they can be split and it can be a hung jury. Still waiting... I will write when either the red light comes on or it's 5 p.m. I'm going back to waiting.

Asking for more evidence

2007-07-12T15:03:00.001-04:00

Another request - second statement of Jerry Anderson, states exhibits 79-91, folder from defendant, phone books, Shelly Hartley's written phone number list, cell phone records of Emily and Jerry and autopsy report.
However, one statement of Jerry Anderson, the one taken by Det. Bennett, was not entered as evidence. The hand written statement was given to jurors earlier in their first request. Also, Jerry's cell phone records were not entered as evidence. Photos 79-91 are photos of Emily Anderson. The folder is what the defense gave jurors on Tuesday with documents and papers in it.
And, the evidence goes back to the jury room. More deliberation. What does this mean? Are they covering all the bases? Are they deadlocked? Do six believe guilty and six not guilty? We don't know, unfortunately. Only they know what's going on. I will be back later.

2007-07-12T14:59:00.001-04:00

red light red light!! i will be back with something soon... verdict or more questions???

Lunch

2007-07-12T12:25:00.000-04:00

Hey guys. We are breaking for lunch. The jurors will return at 2. So no worries about missing the verdict over your lunch break. I promise I will try to let y'all know something as soon as I know something. We're just playing the waiting game. At least now we can play the waiting game with food on our stomachs.

The jurors don't look anything. Maybe tired, maybe anxious themselves. Jerry smiled at his family and friends when he entered the room. I'm sure he's ready for the decision more than anyone.

Watch for the red light

2007-07-12T11:50:00.000-04:00

The red light just came on. The jurors can apparently press a button when they have a question or a verdict. The judge is here. Let's see... A note that says we are requesting... a list of exhibits - map of sawmills, Jerry Anderson's statement, phone records of the dairy and resident, pictures of the truck at Waffle House and photos from Keith Keen's towing. So the jurors will take those exhibits back to the deliberation room. But first, the jury is coming back right now to explain the Keith Keen photos. They said in the note they wanted the photos and listed the specific exhibit numbers (states 20-37) which are different than the photos of Keen's towing... Let's find out... Turns out they want both - 20-37, which are photos from South Carolina, and photos from Keen's towing - which included the body.

Deliberation is underway

2007-07-12T11:05:00.000-04:00

Well ladies and gentlemen, we are in deliberation mode. The jurors just went back to begin deliberation. Wow. This is it, y'all. We could know something soon or something later. You can never tell when a jury will come back. I have no idea. I really don't know y'all. I just don't know what to believe. Why would Emily Anderson not use her cell phone - or for that fact, if it was dead, why not make a collect call to a family member or friend. If she was still alive on Tuesday after reported missing on Thursday, as the Quality Inn employees said they saw her, why not call one person. You would know they would be worried about you. And if she was found in the same clothes she was reported missing in, who wears the same outfit for nine days in a row? Or was it a coincidence she had the outfit on again? And, this doesn't make sense, if Jerry killed her, why report her missing in the outfit he killed her in? And, if he did take her body to Duncan, S.C., how does his cell phone hit towers in Granite Falls at 2:56 and Lenoir around 5? There are so many questions - so what does that mean? Reasonable doubt? I just don't know. I am so glad I'm not a juror. What a hard decision, or maybe it will be easy for them. I think time will tell. I wonder this: Do you think they already have their minds made up? I know they are told not to have an opinion yet, but they are humans. But in that respect, I don't have my mind up yet. I have heard everything. Wow.

This has been great. I know it has been hard, please don't think I am enjoying any one's misery, because I am not that kind of person. I love my job. I enjoyed a different aspect of it by being in court the entire time of opening statements to deliberation. I want to say thanks to everyone who viewed the blog. I want to thank all the commenters. Sometimes I wish we could have been a little nicer to each other. But I appreciate anything commented about the blog itself or me - mean or nice. Criticism is important in my job. But I hope this blog was helpful to y'all - to family and friends who loved Emily but couldn't be here because of distance - and I know there are many of y'all - and to those who love and support Jerry and can't be here, and for those who just are interested in this case. Thanks.

Now, I am going to blog the verdict. Unless, for some reason, the judge says no computers - but he hasn't the whole time - I will blog the verdict as soon as it comes out their mouths. I can't say when, but I will try to give y'all a heads up. It really could be by the end of the day or it could be next week... Like I said, time will tell.

A big question is finally answered

2007-07-12T10:26:00.000-04:00

Man! A big question was just answered. Eric Bellas was explaining his case. He said Emily died Dec. 29, 2005. She followed Jerry to the remote pasture and Jerry shot her, twice, once in the front and once in the back. Then, he loaded her into the toolbox and went back to the farm. He asked the workers to clean the front-end loader and wash away the evidence, Bellas said. Then, he had Antonio drove him to the entrance of the pasture with a black garbage bag, not full, but stuff in it, Bellas said. He loads the truck into an equipment trailer and takes the trailer hooked up to the red Ford F350 that Jerry typically drove and goes to South Carolina. He's on the road, Bellas says, between 12:04 and 4:30. He stops at a truck stop, unloads Emily's truck and parks it at the Waffle House. He then drives back to Sawmills, drops off the trailer and fills his 350 up with gas at PD. He then proceeds to the dinner party to go on with his life. Between then and his arrest, he plans an alibi, Bellas says. He tells Antonio to tell law enforcement he was at the farm. He has Jose re-date the oil filters so Jose can say he and Jerry were changing them on Dec. 29 and he worries about Emily's cell phone, Bellas said. Because Jerry got rid of her purse; he got rid of the murder weapon, but he forgot the cell phone, and he was worried it was in the field. That's way, Bellas says, he asked the workers to look in that pasture for the cell phone. There's only one question, Bellas says, and Jerry answered it. When talking to Maj. Stafford before Jerry's arrest, Stafford tells Jerry we have a lot of evidence. And Jerry says, "And it all points to me." Those were the words on Bellas' PowerPoint presentation when he finished just now. So, we finally got an explanation of how Jerry got back from South Carolina. I've been waiting since Jan. 27, 2006, Jerry's arrest, to get some explanation. Interesting...

Well, we took an early break. When we get back, the judge will go over court instructions with the jurors and then they will be handed the case. I would guess within the hour. We will probably still break for lunch at 12:30, but you never know what the judge will decide. I will be back in a little bit.

Coincidence or first-degree murder

2007-07-11T17:02:00.002-04:00

Well, folks, we did not finish with closing statements today. Eric Bellas was still talking when the judge recessed us for the day. The jury did not get the case. It will probably be mid-morning tomorrow, but again, that depends on how much longer Bellas talks. He began speaking at 4. He talked of "coincidence or first-degree murder." In fact, he raised 12 points and asked coincidence or first-degree murder. His first point, he said the last time Emily was seen alive was the morning of Dec. 29, 2005. Martin Tellas testified between 9 and 9:30. Antonio Reyes testified he didn't remember the time, but saw Jerry return from the field around 9:40 without Emily. Coincidence or first-degree murder, he asked, as he turned and stared at Jerry. Emily never returns and Jerry asks Antonio to tell the other workers to wash the front-end loader all over. Coincidence or first-degree murder, Bellas asks. At the dinner party, Jerry tells host Jenny Wilson that Emily's running late. He eats. He never calls her again after 5:30. He reports her missing later that night in a blue sweatshirt, a blouse or turtleneck, jeans and brown hiking boots. Guess what's she found in. Coincidence or first-degree murder, Bellas asks. The insurance policy is worth $4.5 million. Some is payable to Jerry, others Carolina Holsteins and lenders. Bellas said it's a win-win for Jerry - he is out of debt and gets money. The prosecution believes Emily died in the wooded area behind the farm, where grass was high and bush-whacked. When Emily's body was found, it was covered with dirt and grass, Bellas said. Coincidence or first-degree murder, he said again.
Bellas will continue tomorrow. Man, what do you believe? Campbell and Dubs put up great points. Bellas counteracts just as strong. It's not my decision to make. I just report what happens in court. The jurors will make that decision - possibly by tomorrow. I will be back then.

Defense just now finished, I'm for real this time

2007-07-11T15:40:00.000-04:00

Boy was I wrong. Lisa Dubs just now finished. It's 3:40. I apologize for saying she was done by lunch. So, we will get back together in 15 minutes and Bellas will start. I bet we will not see deliberation today. The judge already said instructions would take 30 minutes. I doubt Bellas' presentation is shorter than 30 minutes. We'll just have to wait and see.
So, Dubs simply has gone over and over the facts of the case. She went over just about every single 39 witnesses the prosecution called to the stand. She mentioned Pyle testified he saw rigor mortis, but Stafford testified did not. "How can you people be completely satisfied and entirely convinced if they are not?" she asked the jurors. She pointed out that Kip Teal, Duncan, S.C., police officer, did not bring his notes when he testified. "Preachers don't go to church without Bibles. Do detectives go to court without files?" she asked. She questioned the decision not to have an interrupter when the Hispanics spoke, pointing out that even some jurors made it known they couldn't understand Martin Tellas. She pointed out that the first words out of Antonio Reyes' mouth were a lie when he did not give his true name.
And in the end, she talked about Jerry. She said Jerry has lost everything he's worked for since he was 13. He sat in jail and watched his farm liquidated. He dealt with not seeing his 12-year-old son and how to deal with that. "He watched his whole life be destroyed by their accusations," Dubs said. She said for the last 9 weeks, this has become the center of his universe. Now, the prosecution wants to make it smaller - an 18 x 18 cell. Then, they want to make it even smaller - the death chamber. She asked the jurors not to do that to Jerry. She asked them to look at everything in the box and know in the end, the state cannot prove murder, she said.
Bellas is up now. We shall see what he has to say to counter almost four and a half hours of defense closing arguments. I will be back around 5.

Correction, correction

2007-07-11T13:57:00.001-04:00

Lisa Dubs is not done. She has more to talk about. I am sorry. She kind of paused and we braked for lunch, so I thought she was over, but I just heard differently. Well, this might change if deliberation begins today. Depends on how long she continues and Bellas talks. I better run. I will be back around 3:30.

What a powerful hour

2007-07-11T12:34:00.000-04:00

Did Jerry Anderson cry? I am about a good 10 yards from Jerry Anderson, and as I said, it's a packed courtroom. But when Lisa Dubs was giving her powerful closing arguments, I saw, as did my fellow media, Jerry wipe his face. I didn't physically see a tear, but I saw him without his glasses and he wiped his face with a Kleenex. He's not the only one upset, but maybe the most shocking. I've seen very little reaction from Jerry this whole time. So, Dubs was talking about "How is he supposed to feel?" Law enforcement was telling him his wife ran off, that she didn't love him anymore. What was he supposed to do? What was he supposed to tell his son, Matthew? (Who is in the courtroom by the way.) His wife is missing and the people hired, elected, to protect and serve us are telling him Emily left on purpose, Dubs said. A passionate Dubs said how do you deal with that? How dare they accuse you of murder because they think you didn't get (the emotions) right? She questioned the alibi - about the oil filters. She pointed out that Jerry never said in his statements he changed oil filters. The dates on the oil filters were in Jose Garcia's hand writing. (Although Dubs said Martin Tellas, but I think she meant Jose. He testified twice about oil filters.) The fingerprints, Jose's. What a dumb alibi! she said. Dubs told the jurors early in her closing comments that the prosecution can't just throw up a case and ask you to figure it out. She said you have to believe beyond a reasonable doubt. She emphasized that it is the state's job to "fully satisfy" and "entirely convince" the jurors that Jerry did this crime. That it is not Jerry's job. Nor should he be punished or looked down upon because he did not take the stand. The law does not require Jerry to take the stand. The law says the state must prove its case beyond reasonable doubt.
Do you believe beyond reasonable doubt? Are you "entirely convinced" and "fully satisfied"?
The jurors aren't finished yet. At least, they shouldn't have an opinion yet. The defense is complete. Eric Bellas will begin his arguments at 2. I still believe the jury will begin deliberation today. I just don't know if it will be enough time to return a verdict, but we'll see. I will be back.

Closing statements get underway

2007-07-11T10:58:00.001-04:00

What a long journey we've had together. Clearly the end is in sight. But it's the journey along the way that counts - Those were Robert Campbell's closing words this morning. He spoke from 9:45 to 10:55. We just braked for the mid-morning break. Campbell talked about pressure - the pressure the sheriff's office was under to solve this case and the pressure to win. He talked about how much evidence was ignored. Investigators ignored the medical examiner's opinion Emily died 2 to 4 days before her body was found. They ignored the phone calls Jerry made from the dairy the morning Emily went missing. They ignored Jerry's cell phone records that said he was in and around Sawmills all of Dec. 29, 2005. They ignored witnesses in South Carolina - not showing Bruce Bomar a lineup until a month before the trial and never speaking with Betty Dillard or Tammy Beltcher. Campbell talked about Roy McNeil's inconsistent testimony and the inconsistent emails he sent to Eric Bellas - one email says there was not hit of decomp on the tractor, a second email says there was a hit. Campbell used illustrations. He talked about things the prosecution wanted "left in the box," such as evidence like the rape kit that was never tested or the weather in Duncan, S.C., while Emily was missing and hair samples found in the truck that were never tested. He talked about the burden of proof and the state has not met that. He said the state has not proven behind a reasonable doubt Jerry did this. He said jurors should find Jerry not guilty. He said it is impossible Jerry committed this crime: Phone calls were made from the dairy in the 8 o'clock hour when Antonio Reyes originally said he saw Emily and Jerry go into the woods. Emily was seen with a man that morning, according to Steve Killian. Her truck was last seen at her house by a neighbor at 9 a.m. Jerry sent a fax to McCombs Oil at noon. He made phone calls that hit cell phone towers in the area throughout the day and he was seen at 4:30 at the local gas station by Walter Moore. It is impossible he got to South Carolina and did all those things, Campbell said.

Lisa Dubs will go next. I figure she will talk at least an hour. I bet Bellas goes (if he even gets started before lunch) into the afternoon. The judge said instructions will take 30 minutes. I still believe the jury will begin deliberation today. Hopefully, I will have a better idea at lunch. Be back then. Jerry just stares forward, listening and waiting. Man, this is exciting. It's a packed house. Every row is full. In fact, the deputies said no one else can come into this courtroom. I think everyone wants to know... Guilty or not guilty?

Jurors will have two options

2007-07-10T14:34:00.000-04:00

No second-degree murder. Jerry can either be found guilty of first-degree murder or not guilty. Two choices to choose from. Wow. I was surprised when the judge ruled that the jurors can not consider second-degree. The defense argued that the state did not put up any evidence to show second-degree murder. Bellas said second-degree should be considered because jurors might say Jerry did not deliberate before committing the crime.

Other than that, in the last 30 minutes, the judge and attorneys discussed all the instructions he will go over tomorrow. Tomorrow will be an interesting day. The defense will go first in the morning. Both Dubs and Campbell will give statements. Then Bellas will give his closing arguments.

Oh I better mention. The defense did ask to dismiss the charges again. But Cayer denied the motion.

I will be back in the morning. I bet I have a lot to say. It's coming...

The defense rests

2007-07-10T12:35:00.000-04:00

Since 11:25, jurors passed around photos, boxes of evidence and records the defense presented as its evidence. The jurors didn't show much reaction. They would look at something and then write down a note in the note pads they've kept since the trial began June 8.

The defense rested at 12:30. The prosecution said it has no further evidence. The judge told the jurors they will hear closing statements tomorrow and will get the case at some point. Could we hear a verdict by tomorrow? There is no way to tell how long deliberation will take.

I actually will be back this afternoon. The attorneys and judge are going to have a charge conference at 2 - I believe that's when they will determine the charges and how to explain them to the jurors tomorrow. We'll see what Jerry possibly faces.

I will be back at some time.

Evidence presented to jurors

2007-07-10T11:05:00.000-04:00

Man, my computer is going slow this morning. I bet it's getting tired from all this turn off and turn on from the last month. Anyway, it's been a semi-slow morning, but of course important, as everything is in this trial. The defense is in the middle of showing its evidence to the jurors. First, the jurors saw a folder full of evidence, including a letter from Dee Watson to Jerry, receipts from Saw Mills Hardware, a fax to Martin Marietta, an e-mail from Roy McNeil to Eric Bellas, two statements of Tammy Beltcher, a missing person's report and the Emily Anderson missing person's flier, just to name a few. Jurors began looking through the documents at 9:50 a.m. Some finished before others. All were done by 10:50 a.m. Right before this break, Dubs went over some more exhibits that's about to be passed to jurors. Those include the rape kit, phone books, weather report from Duncan, S.C., metal fragments from the bed mat from the truck, plastic chain links found at the spot where prosecutor's believe Emily died, photos from Keith Keen's garage, a box of hairs collected from the crime scene and tons and tons of photos, including the Anderson home, bumper with red paint, Dr. Marks' work and the dirty sheet.

Jerry looks down and reads something. Sometimes he stares forward, bouncing slightly in his chair. I bet he is getting anxious. I have a feeling the end is near. The attorneys just wait. the defense seems to be doing some type of research or preparation. Those in the crowd just wait. It's a small crowd today. Some watch the sketch artist - I do, too, a little bit. What a talent. I can't draw a straight line. He's excellent. Some folks whisper. Some read the newspaper. We all wait.

Remember, today is a half day, so we will finished up in the next 75 minutes. I will be back around lunch.

Another early day

2007-07-09T15:12:00.001-04:00

Has the defense called its last witness? Will we hear closing arguments tomorrow? Will the jurors reach a verdict this week? Will found out next time. Same bat time. Same bat channel.
(Sorry, flashback to Adam West as Batman.)

Seriously, though, we are done for the day. The defense finished up with Jonni Joyce. The attorneys had a bench conference with Judge Cayer, and the jurors were sent home until 9:30 a.m. tomorrow. The judge said after the jurors left that the attorneys need to prepare evidence to pass to the jurors. The defense could possibly call another witness or so. The prosecution has the opportunity to call rebuttal witnesses - that was said in court just now so I know that is true. Then, Judge Cayer said something about a charge conference, when himself and the attorneys will discuss instructions to give to the jurors. We know closing statements will come sometime before deliberation. The question is when is all this going to happen? Sooner or later? Tomorrow also is a short day. One the jurors has a doctor's appointment tomorrow afternoon, so Cayer agreed to recess for the day at 12:30 tomorrow. This week might be the climax of this whole thing. How exciting.

So, Joyce remained on the stand for another 45 minutes. She talked about the video the sheriff's office took of McNeil and Kiser's search. Joyce viewed the video. She said it is inappropriate for a dog to perform multiple alerts at the same spot. She said then the dog is only alerting for a reward. She also said it wasn't proper to have a dog search an area already known to be a crime scene - in this, Kiser searched the toolbox and truck where Emily's body was found. She said that is only training. And she pointed out in this case did not alert at the toolbox until McNeil stood over the dog, which she says is cueing the dog to alert. On cross-examination, Joyce said dogs have a very well-developed sense of smell. She said a dog can alert to 1 ccs of liquid - about the bottom of an average cup - and 15 grams of weighted cadaver material. However, on re-direct, Joyce said it wouldn't matter how big or small of an amount of decomp there was considering the time frame of the crime (Dec. 29, 2005, in this case) to the search (Jan. 18, 2006) and considering it rained several times in between and it was windy the day of the search, Joyce testified. Joyce also testified during cross-examination, she herself hadn't done a cadaver search since 1998. She now makes her living off training handlers and dogs and teaching seminars and making public speeches.

Well, I will be back tomorrow to find out what's going on.

Witnesses' testimony tries to refute cadaver dog handler

2007-07-09T12:38:00.000-04:00

The defense has called two witnesses since our mid-morning break. Both are here to disprove Roy McNeil's testimony - or at least his expertise as a dog handler. Wayne Buford is a dog handler from Missouri. He works with FEMA, and was involved with the Katrina aftermath. He met Roy McNeil in May 2006 when McNeil came to help with recovery of bodies. On May 11, Buford gave McNeil's dog Kiser a test to make sure he qualified to search for bodies in the Katrina aftermath. When told the work, Kiser walked away, Buford testified. When told to search again, the dog again walked away, Buford said. Then, Buford said McNeil told him they had been traveling all night and Kiser was tired. Buford gave him the rest of the day to rest. The next day, McNeil was assigned with two other handlers who tested him. Buford read off a report that McNeil and Kiser were sent home because of failure of a second test and complaints from other handlers. Buford said McNeil was later argumentative and belligerent. Bellas asked him two questions on cross-examination. Buford confirmed he was not aware McNeil and Kiser had been driving all night before the first test, and Buford said he was not present for the second test the next morning.
Jonni Joyce retook the stand after Buford. This time she testified to her knowledge and experience with dog handling and training in front of the jurors. She originally spoke in the mini-hearing to try to disprove McNeil as an expert witness. Today, she told jurors about her years of experience with K9s and handlers. She talked of ways to train a dog. She said proving graves is not a proper way to train a dog (remember, McNeil said he did that). She also said there should be only one alert (remember, McNeil's dog has several, such as sit, lay, paw). And she harped on the importance of records, to help train your dog, go back and correct problems that arise and illustrate your dog is properly trained (remember, McNeil testified his records were destroyed in two rain storms. He said what he brought to court were his memories.)
The defense is still questioning Joyce. Then the defense will get a chance to cross-examine. We'll see how many more witnesses the defense has to call. Could you imagine this could all be over by the week's end? I don't know, though. We'll just have to wait and see.

A busy morning

2007-07-09T11:02:00.000-04:00

What a busy and interesting morning. First thing this morning, Dubs said she expects to be done with evidence presentation either today or tomorrow... Ohhh, that means we could hear a verdict this week. It'll just depend if the prosecution has any more presentation (I think they get another opportunity, maybe someone can answer that), the length of the closing statements and the deliberation. I wonder how long it will take the jurors to decide.
So, this morning we've heard from four witnesses. Bill Ramsey was the first on the stand, briefly. He simply talked about Emily's miniature horses and the search the night she went missing. In his opinion, Jerry was concerned Dec. 29, 2005. Sandra Smith was Jerry and Emily's hair dresser. She got a laugh out of the jurors, crowd and even Jerry. She told of a story when Jerry and his son Matt came to get their hair cut. Matt asked her about color hair gel and wanted her to put some in his dad's hair. Jerry agreed. He walked out of the salon with either blue or green, she said, spiked hair - well as much as Smith could spike it. Jerry it bald on top, with reddish hair around the sides and back of his head. Smith also testified she did Emily's hair on Dec. 28, 2005. She touched up her roots, Smith said. Emily had pretty blonde hair. Smith also did her hair for the funeral. Smith said Emily's hair was darker than when she did it on the 28th. What does that mean? Did Emily die her hair darker or did it have something to do with her trapped in a toolbox? Bellas did not cross-examination on either of these witnesses. He asked the next witnesses just two questions on cross-examination. Teresa Hart, a former manager at PD Grocery on Sawmills School Road, saw Emily almost every morning, including Dec. 29, 2005. That was an odd morning, Hart said, because Emily was all dressed up. She was in khaki pants, a tucked in shirt, a belt and brown loafers. Usually, Hart said, Emily would be in work clothes. Hart said she asked Emily why she was dressed up, and Emily said she had errands to run. She confirmed that statement during cross-examination. Our final witness to take the stand this morning was Paul Reeves, an expert in thermodynamics and energy modeling. He reconstructed the toolbox temperature - inside and out - and the body temperature. He said the temperature inside the toolbox was about the same as the outside temperature after two days. He said it was impossible to make the body colder. During cross-examination, Reeves said he did not consider but two layers of clothing when Emily was wearing four.
I gotta get back. I will return around lunch.

The day is over

2007-07-06T15:54:00.000-04:00

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

2007-07-06T15:29:00.000-04:00

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

2007-07-06T12:33:00.000-04:00

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

2007-07-06T11:02:00.001-04:00

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!

2007-07-05T12:05:00.000-04:00

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

2007-07-05T11:08:00.000-04:00

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

2007-07-03T16:57:00.000-04:00

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

2007-07-03T15:40:00.000-04:00

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

2007-07-03T12:48:00.000-04:00

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

2007-07-03T11:05:00.000-04:00

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

2007-07-02T17:07:00.000-04:00

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

2007-07-02T15:48:00.000-04:00

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

2007-07-02T12:13:00.001-04:00

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

2007-07-02T11:06:00.000-04:00

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.

Another week comes to an end

2007-06-29T17:06:00.000-04:00

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.

The Major takes the stand

2007-06-29T15:35:00.000-04:00

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.

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

2007-06-29T12:41:00.000-04:00

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.

False alarm

2007-06-29T10:45:00.000-04:00

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.

SBI agent takes the stand

2007-06-28T17:06:00.001-04:00

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.

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

2007-06-28T15:36:00.000-04:00

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.

Three repeat witnesses take the stand

2007-06-28T12:37:00.000-04:00

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.

Are Jerry's police statements inconsistent?

2007-06-28T11:08:00.000-04:00

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.

Defense continues questioning into investigation

2007-06-27T17:08:00.000-04:00

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.

Investigator still on the stand

2007-06-27T15:38:00.000-04:00

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.