KFC UPDATE: Autopsy Doctor Questioned
AP file photo
Romeo Pinkerton is charged in the 1983 murders of five people at a Kentucky Fried Chicken restaurant in Kilgore.
(Editor's Note: Updates are being provided during the day from the trial of Romeo Pinkerton, charged in the 1983 murders of five people at a Kentucky Fried Chicken restaurant in Kilgore. More recent updates will be posted at the bottom of this story throughout the day.)
By KENNETH DEAN
Staff Writer
An accident involving a logging truck has caused a temporary delay in testimony in the KFC murder case this morning.
State District Judge Clay Gossett had a bailiff inform the families and those waiting for the capital murder trial of Romeo Pinkerton to resume in New Boston that a juror was stuck behind the wreckage about seven miles south of town and was having to be diverted.
By KENNETH DEAN
Staff Writer
An accident involving a logging truck has caused a temporary delay in testimony in the KFC murder case this morning.
State District Judge Clay Gossett had a bailiff inform the families and those waiting for the capital murder trial of Romeo Pinkerton to resume in New Boston that a juror was stuck behind the wreckage about seven miles south of town and was having to be diverted.
“The accident has blocked traffic, and the entire road is closed and they are diverting traffic,” the bailiff said. “It might be awhile before we get going this morning.”
Pinkerton and his cousin Darnell Hartsfield allegedly abducted and killed Mary Tyler, 37; Opie Ann Hughes, 39; Joey Johnson, 20; David Maxwell, 20; and Monte Landers, 19. Their bodies were found Sept. 24, 1983 in a rural Rusk County oilfield. Each had been shot at least twice — “execution style.”
Family members of the victims sat outside the locked courtroom talking about various subjects.
Retired Texas Ranger Glenn Elliott is expected to take the stand when testimony begins.
Posted Thursday, Oct. 18, 2007 at 9:41 a.m. CDT:
Officials have opened the courtroom and said the juror had arrived at the courthouse and that testimony would begin in a few moments.
Posted Thursday, Oct. 18, 2007 at 9:50 a.m. CDT:
The state has called Glenn Elliott, the former Texas Ranger who worked the KFC case until he retired in 1987. Elliott is the law enforcement officer who has previously testified in earlier cases that he found the box that has blood splatter on it from under the counter of the KFC restaurant -- the box state prosecutors claims holds DNA evidence placing Pinkerton and Hartsfield in the restaurant.
Posted Thursday, Oct. 18, 2007 at 10:02 a.m. CDT:
Lisa Tanner, Texas Attorney General prosecutor, began questioning Elliott about how he became involved with the KFC case. He testified he was requested by the Kilgore Police Department.
“Sometime after we started collecting evidence, Chief Headen (Kilgore Assistant Police Chief Richard Headen) came and told us that the bodies had been found at a oil lease in Rusk County."
Elliott talked about arriving at the scene where the bodies were located, and how they cleared the area of onlookers and closed down the scene. He described how law enforcement tried to collect evidence.
“We removed dirt from under the bodies and put it into buckets and took into town to sift through it for objects and we found some projectiles,” he said.
Elliott said he was trained in blood splatter and ended up teaching a course in Austin and around East Texas. He has also been a special witness in various criminal cases dealing with blood movement.
“There was quite a bit of blood in that café (the KFC restaurant). There was blood in the office on a filing cabinet, blood on some of the files, blood under a cash register on a box, and blood in the kitchen where there was a napkin with blood on it. I was just looking around the entire restaurant because of the training I had,” he said.
Elliott said he believed the blood splatter on the box came from a foot stepping into a pool of blood spattering up onto the box.
Posted Thursday, Oct. 18, 2007 at 10:29 a.m. CDT:
Elliott said the napkin appeared to have blood stains, indicating that it was used to wipe blood from someone’s nose or mouth repeatedly.
Defense Attorney Jeff Haas objected and asked to voir dire Elliott outside the presence of the jury. Judge Gossett excused the jury and Haas began asking Elliott about previous testimony that the Ranger gave about crime scene photos and the napkin. Haas made an objection about photos of the napkin and is asking for the state to provide a chain of custody on the napkin.
Tanner argued that Elliott had testified before in the Hartsfield perjury case and the Criminal Court of Appeals upheld the case and that laid a foundation for the evidence.
Gossett allowed evidence on a conditional basis.
State's exhibits 66 and 67 -- photos of the napkin -- were entered into evidence, and Elliott testified it was the napkin he saw in the KFC the morning of Sept. 24, 1983.
However, Elliott testified he did not submit the box or napkin to the DPS as evidence.
Tanner: “You didn’t collect either of those items?”
Elliott relied, “No.”
Tanner then asked about how big the case was, and Elliott said it was the biggest of his career.
“We had five people that had been kidnapped and murdered, and I don’t remember anything bigger than that,” he said.
Tanner began questioning Elliott about former Texas Ranger Stuart Dowell’s involvement in the case. Dowell, who testified in 2005 that he had transported evidence and attended the autopsies of the victims, passed away May 17, 2006.
She then began asking about the two Rangers’ focus on Jimmy Earl Mankins Jr.
Elliott testified that Dowell brought back a fingernail from the autopsies in Dallas that came off one of the victims’ clothing. Elliott testified they received information about Mankins and that he had a torn nail.
Posted Thursday, Oct. 18, 2007 at 10:51 a.m. CDT:
Elliott testified that Mankins volunteered to have a plaster cast made of his nail, and a search warrant was never required.
Elliott said due to a doctor’s opinion, the case shifted focus solely on Mankins. He also said that he and other law enforcement looked for two different weapons.
In November 1983, investigators recovered a .38 revolver, and it was submitted for evidence.
Tanner asked Elliott if he and others had looked at other suspects before Mankins . He said yes, and said that Pinkerton was one of the people he had looked at. A flyer had been circulated seeking information to the whereabouts of Pinkerton and several others.
The flyer stated three people were wanted for armed robbery and for questioning in the KFC case. The three people depicted on the flyer included Hartsfield, Pinkerton and Elton Winston.
Elliott testified the Dowell took over interviewing Hartsfield, Pinkerton and Winston in regards to the case after witness Star Spagano had identified Hartsfield as being in the KFC the night of the murders. Gossett excused the jury for morning recess.
Posted Thursday, Oct. 18, 2007 at 11:42 a.m. CDT:
Haas began questioning Elliott for cross-examination about the case. Elliott said he surmised the victims were abducted from the restaurant close to closing time.
Haas asked if it was important to keep a crime scene maintained.
“Would you agree with other testimony that this crime scene was basically a zoo?"
“Yes I would,” Elliott replied.
Haas then asked Elliott where the photo log was put.
“I have an idea that when I learned the photos were no good, then the log was no good, so I threw it away,” he said.
Haas then asked, “In all the notes you have in this case, do I understand you never wrote down anything about the box or napkin?"
“No I didn’t,” he replied.
Elliott said he pointed out the napkin to Danny Pirtle (former Kilgore Police detective).
“I remember telling him we needed a photo of that,” he said.
Pirtle testified earlier this week he never saw the napkin or the box in the restaurant.
Some in the gallery became agitated with Haas’ questioning of Elliott and began whispering between themselves.
Elliott testified there was a problem with chain of custody.
Haas asked if it was true that former FBI agent George Kieny tried to get Elliott to remember submitting the box and napkin as evidence. Elliott said he was testifying that he saw the napkin and box in the restaurant, but he never submitted the items for evidence.
Elliott testified there are no notes in evidence that place the box in the restaurant.
“Did you tell Mr. Kieny that you picked up a white box and napkin and just had forgotten about them, and you placed them in a trunk or back of a car for 11 days?”
“No. No I did not.”
Haas continued, “Do you remember telling Mr. Kieny that you wouldn’t lie, that if you messed up, you messed up?"
“I don’t think I would have said it like that," Elliott said. “He may have been trying to lead me, and I wasn’t going to let him.”
Elliott said he believed Kieny was trying to do a good job, but may have been trying to get him to remember something that didn’t happen.
“Was Kieny trying to fix the chain of custody?"
“Yeah,” Elliott said.
"Do you realize you’re the only one to testify that remembers the napkin and the box?”
“I don’t know.”
Posted Thursday, Oct. 18, 2007 at 1:34 p.m. CDT:
Haas took a copy of Elliott’s book titled “A Ranger’s Ranger” to ask questions of the crime scene where the bodies were located.
Haas asked if someone would need to know the area to find it easily.
In the book, Elliott said he felt like it would have to be someone with knowledge of the area, and during testimony he said he still felt the same.
Haas began asking about Jimmy Mankins and the methamphetamine business and the fact that federal agents were conducting wiretaps.
Haas asked if it was true that former Rusk County Sheriff Mike Strong was caught on the wiretaps giving information to drug dealers.
Tanner objected to Haas asking why Elliott and Dowel called Mankins in for a interview.
Gossett overruled the objection.
“The fingernail wasn’t the only reason why you all focused on Jimmy Earl Mankins, was it? Didn’t you receive information that he was bragging about…” Haas asked.
Tanner objected that it was rank hearsay. Gossett sustained the objection.
Haas began asking about witness Star Spagano and how Elliott learned that she had some information about the night of the murders.
Elliott said he evidently was told that Ms. Spagano had information. Elliott said Ms. Spagano identified Hartsfield and a second man as being Elton Winston, and that she never identified Romeo Pinkerton.
Tanner, on redirect, asked if things happening at a crime scene could alter an opinion about how the blood splatter got on the box.
Elliott said that it could.
Tanner then asked about the conversation between Elliott and Kieny.
“It appeared to me that he (Kieny) was trying to learn who picked up the box and napkin,” Elliott said.
Haas then questioned Elliott again.
“I guess we can do it this way or we can do it the hard way. Do you remember where everything was?"
Elliott looked with a questioning expression.
“Do you remember where the dent was in the wall?”
"Yes, it was near the counter area,” Elliott replied.
Rusk County grand jury testimony showed Elliott testified the napkin was with a towel on the floor, and not near a rack in the rear of the restaurant.
Gossett excused the jury for lunch recess. However, outside of the jury's presence, the two sides had a sidebar objection about how Mankins came to the attention of law enforcement.
Posted Thursday, Oct. 18, 2007 at 2:23 p.m. CDT:
After the lunch break, the state called Frank Brunt, the son of interim Sheriff of Smith County Frank Brunt, to the stand.
Haas objected as the testimony being hearsay.
Brunt was not allowed to answer the questions of what his father thought of the KFC case. The state decided not to pursue the manner and the defense did not cross-examine.
William Brown, Rusk County District Attorney investigator, said he was notified of the bodies the morning of Sept. 24, 1983. He responded to the location and observed a deputy sheriff at the entrance gate. Then he walked down the road where four of the victims were located.
Brown testified he had not heard of the robbery and abduction from the Kilgore eatery, but the deputy had and when they saw Hughes’ body, she was dressed in a KFC uniform.
Brown said they radioed Rusk County dispatch and told them to inform Kilgore of what they had discovered.
After the bodies had been removed, they used a metal detector to find metal objects. He said they dug up each area, then took the dirt back to the Rusk County Jail, where they created a sifter and were able to locate several projectiles (bullets).
The state offered six bullets found at the scene as evidence.
“Everyone put their heads together to come up with leads, and one of the things we did was go back out to the scene that evening and we set up a road block to identify those coming through the area. Some were sightseers because this had made it to the media,” he said. “We wanted to know who was coming through the area, and who may have lived in the area and may have noticed something.”
Brown testified that the next day he participated in a ground search of the area.
Using a map, Brown was asked how many routes ran from Kilgore to the site where the bodies were found.
He pointed out several routes to the jury.
Posted Thursday, Oct. 15, 2007 at 3:59 p.m. CDT:
Dr. M.G. F. Gilliland was called to the stand, where she testified that she performed the autopsies in the KFC case at the Southwest Institute of Forensic Sciences in Dallas.
After a recess, Judge Gossett told the gallery that the autopsy photos that would be introduced into evidence were of a nature that some may want to leave the courtroom.
Haas and the defense team objected to some of the photos, but those objections were overruled.
Dr. Gilliland began describing the conditions of the bodies, and the families sitting in the gallery became emotional as they listened.
She found the fingernail on Johnson's body, and she placed it into an envelope as evidence.
“I thought it was going to be important, so I wanted to protect it,” she said. “I looked at his hands and he did not have any torn nails.”
Dr. Gilliland testified that one of the gunshots that hit Johnson produced a contact wound where the gun had been placed right to the head when it was fired. Two bullets were recovered from Johnson’s body.
While Dr. Gilliland described photos of Johnson’s body, the jury looked on -- some visibly upset as the were shown the photos. Family members of the victims embraced each other, and Pinkerton rocked slightly back and forth in his chair at the defense table. She continues to be questioned by the state in regards to the autopsies.
Pinkerton and his cousin Darnell Hartsfield allegedly abducted and killed Mary Tyler, 37; Opie Ann Hughes, 39; Joey Johnson, 20; David Maxwell, 20; and Monte Landers, 19. Their bodies were found Sept. 24, 1983 in a rural Rusk County oilfield. Each had been shot at least twice — “execution style.”
Family members of the victims sat outside the locked courtroom talking about various subjects.
Retired Texas Ranger Glenn Elliott is expected to take the stand when testimony begins.
Posted Thursday, Oct. 18, 2007 at 9:41 a.m. CDT:
Officials have opened the courtroom and said the juror had arrived at the courthouse and that testimony would begin in a few moments.
Posted Thursday, Oct. 18, 2007 at 9:50 a.m. CDT:
The state has called Glenn Elliott, the former Texas Ranger who worked the KFC case until he retired in 1987. Elliott is the law enforcement officer who has previously testified in earlier cases that he found the box that has blood splatter on it from under the counter of the KFC restaurant -- the box state prosecutors claims holds DNA evidence placing Pinkerton and Hartsfield in the restaurant.
Posted Thursday, Oct. 18, 2007 at 10:02 a.m. CDT:
Lisa Tanner, Texas Attorney General prosecutor, began questioning Elliott about how he became involved with the KFC case. He testified he was requested by the Kilgore Police Department.
“Sometime after we started collecting evidence, Chief Headen (Kilgore Assistant Police Chief Richard Headen) came and told us that the bodies had been found at a oil lease in Rusk County."
Elliott talked about arriving at the scene where the bodies were located, and how they cleared the area of onlookers and closed down the scene. He described how law enforcement tried to collect evidence.
“We removed dirt from under the bodies and put it into buckets and took into town to sift through it for objects and we found some projectiles,” he said.
Elliott said he was trained in blood splatter and ended up teaching a course in Austin and around East Texas. He has also been a special witness in various criminal cases dealing with blood movement.
“There was quite a bit of blood in that café (the KFC restaurant). There was blood in the office on a filing cabinet, blood on some of the files, blood under a cash register on a box, and blood in the kitchen where there was a napkin with blood on it. I was just looking around the entire restaurant because of the training I had,” he said.
Elliott said he believed the blood splatter on the box came from a foot stepping into a pool of blood spattering up onto the box.
Posted Thursday, Oct. 18, 2007 at 10:29 a.m. CDT:
Elliott said the napkin appeared to have blood stains, indicating that it was used to wipe blood from someone’s nose or mouth repeatedly.
Defense Attorney Jeff Haas objected and asked to voir dire Elliott outside the presence of the jury. Judge Gossett excused the jury and Haas began asking Elliott about previous testimony that the Ranger gave about crime scene photos and the napkin. Haas made an objection about photos of the napkin and is asking for the state to provide a chain of custody on the napkin.
Tanner argued that Elliott had testified before in the Hartsfield perjury case and the Criminal Court of Appeals upheld the case and that laid a foundation for the evidence.
Gossett allowed evidence on a conditional basis.
State's exhibits 66 and 67 -- photos of the napkin -- were entered into evidence, and Elliott testified it was the napkin he saw in the KFC the morning of Sept. 24, 1983.
However, Elliott testified he did not submit the box or napkin to the DPS as evidence.
Tanner: “You didn’t collect either of those items?”
Elliott relied, “No.”
Tanner then asked about how big the case was, and Elliott said it was the biggest of his career.
“We had five people that had been kidnapped and murdered, and I don’t remember anything bigger than that,” he said.
Tanner began questioning Elliott about former Texas Ranger Stuart Dowell’s involvement in the case. Dowell, who testified in 2005 that he had transported evidence and attended the autopsies of the victims, passed away May 17, 2006.
She then began asking about the two Rangers’ focus on Jimmy Earl Mankins Jr.
Elliott testified that Dowell brought back a fingernail from the autopsies in Dallas that came off one of the victims’ clothing. Elliott testified they received information about Mankins and that he had a torn nail.
Posted Thursday, Oct. 18, 2007 at 10:51 a.m. CDT:
Elliott testified that Mankins volunteered to have a plaster cast made of his nail, and a search warrant was never required.
Elliott said due to a doctor’s opinion, the case shifted focus solely on Mankins. He also said that he and other law enforcement looked for two different weapons.
In November 1983, investigators recovered a .38 revolver, and it was submitted for evidence.
Tanner asked Elliott if he and others had looked at other suspects before Mankins . He said yes, and said that Pinkerton was one of the people he had looked at. A flyer had been circulated seeking information to the whereabouts of Pinkerton and several others.
The flyer stated three people were wanted for armed robbery and for questioning in the KFC case. The three people depicted on the flyer included Hartsfield, Pinkerton and Elton Winston.
Elliott testified the Dowell took over interviewing Hartsfield, Pinkerton and Winston in regards to the case after witness Star Spagano had identified Hartsfield as being in the KFC the night of the murders. Gossett excused the jury for morning recess.
Posted Thursday, Oct. 18, 2007 at 11:42 a.m. CDT:
Haas began questioning Elliott for cross-examination about the case. Elliott said he surmised the victims were abducted from the restaurant close to closing time.
Haas asked if it was important to keep a crime scene maintained.
“Would you agree with other testimony that this crime scene was basically a zoo?"
“Yes I would,” Elliott replied.
Haas then asked Elliott where the photo log was put.
“I have an idea that when I learned the photos were no good, then the log was no good, so I threw it away,” he said.
Haas then asked, “In all the notes you have in this case, do I understand you never wrote down anything about the box or napkin?"
“No I didn’t,” he replied.
Elliott said he pointed out the napkin to Danny Pirtle (former Kilgore Police detective).
“I remember telling him we needed a photo of that,” he said.
Pirtle testified earlier this week he never saw the napkin or the box in the restaurant.
Some in the gallery became agitated with Haas’ questioning of Elliott and began whispering between themselves.
Elliott testified there was a problem with chain of custody.
Haas asked if it was true that former FBI agent George Kieny tried to get Elliott to remember submitting the box and napkin as evidence. Elliott said he was testifying that he saw the napkin and box in the restaurant, but he never submitted the items for evidence.
Elliott testified there are no notes in evidence that place the box in the restaurant.
“Did you tell Mr. Kieny that you picked up a white box and napkin and just had forgotten about them, and you placed them in a trunk or back of a car for 11 days?”
“No. No I did not.”
Haas continued, “Do you remember telling Mr. Kieny that you wouldn’t lie, that if you messed up, you messed up?"
“I don’t think I would have said it like that," Elliott said. “He may have been trying to lead me, and I wasn’t going to let him.”
Elliott said he believed Kieny was trying to do a good job, but may have been trying to get him to remember something that didn’t happen.
“Was Kieny trying to fix the chain of custody?"
“Yeah,” Elliott said.
"Do you realize you’re the only one to testify that remembers the napkin and the box?”
“I don’t know.”
Posted Thursday, Oct. 18, 2007 at 1:34 p.m. CDT:
Haas took a copy of Elliott’s book titled “A Ranger’s Ranger” to ask questions of the crime scene where the bodies were located.
Haas asked if someone would need to know the area to find it easily.
In the book, Elliott said he felt like it would have to be someone with knowledge of the area, and during testimony he said he still felt the same.
Haas began asking about Jimmy Mankins and the methamphetamine business and the fact that federal agents were conducting wiretaps.
Haas asked if it was true that former Rusk County Sheriff Mike Strong was caught on the wiretaps giving information to drug dealers.
Tanner objected to Haas asking why Elliott and Dowel called Mankins in for a interview.
Gossett overruled the objection.
“The fingernail wasn’t the only reason why you all focused on Jimmy Earl Mankins, was it? Didn’t you receive information that he was bragging about…” Haas asked.
Tanner objected that it was rank hearsay. Gossett sustained the objection.
Haas began asking about witness Star Spagano and how Elliott learned that she had some information about the night of the murders.
Elliott said he evidently was told that Ms. Spagano had information. Elliott said Ms. Spagano identified Hartsfield and a second man as being Elton Winston, and that she never identified Romeo Pinkerton.
Tanner, on redirect, asked if things happening at a crime scene could alter an opinion about how the blood splatter got on the box.
Elliott said that it could.
Tanner then asked about the conversation between Elliott and Kieny.
“It appeared to me that he (Kieny) was trying to learn who picked up the box and napkin,” Elliott said.
Haas then questioned Elliott again.
“I guess we can do it this way or we can do it the hard way. Do you remember where everything was?"
Elliott looked with a questioning expression.
“Do you remember where the dent was in the wall?”
"Yes, it was near the counter area,” Elliott replied.
Rusk County grand jury testimony showed Elliott testified the napkin was with a towel on the floor, and not near a rack in the rear of the restaurant.
Gossett excused the jury for lunch recess. However, outside of the jury's presence, the two sides had a sidebar objection about how Mankins came to the attention of law enforcement.
Posted Thursday, Oct. 18, 2007 at 2:23 p.m. CDT:
After the lunch break, the state called Frank Brunt, the son of interim Sheriff of Smith County Frank Brunt, to the stand.
Haas objected as the testimony being hearsay.
Brunt was not allowed to answer the questions of what his father thought of the KFC case. The state decided not to pursue the manner and the defense did not cross-examine.
William Brown, Rusk County District Attorney investigator, said he was notified of the bodies the morning of Sept. 24, 1983. He responded to the location and observed a deputy sheriff at the entrance gate. Then he walked down the road where four of the victims were located.
Brown testified he had not heard of the robbery and abduction from the Kilgore eatery, but the deputy had and when they saw Hughes’ body, she was dressed in a KFC uniform.
Brown said they radioed Rusk County dispatch and told them to inform Kilgore of what they had discovered.
After the bodies had been removed, they used a metal detector to find metal objects. He said they dug up each area, then took the dirt back to the Rusk County Jail, where they created a sifter and were able to locate several projectiles (bullets).
The state offered six bullets found at the scene as evidence.
“Everyone put their heads together to come up with leads, and one of the things we did was go back out to the scene that evening and we set up a road block to identify those coming through the area. Some were sightseers because this had made it to the media,” he said. “We wanted to know who was coming through the area, and who may have lived in the area and may have noticed something.”
Brown testified that the next day he participated in a ground search of the area.
Using a map, Brown was asked how many routes ran from Kilgore to the site where the bodies were found.
He pointed out several routes to the jury.
Posted Thursday, Oct. 15, 2007 at 3:59 p.m. CDT:
Dr. M.G. F. Gilliland was called to the stand, where she testified that she performed the autopsies in the KFC case at the Southwest Institute of Forensic Sciences in Dallas.
After a recess, Judge Gossett told the gallery that the autopsy photos that would be introduced into evidence were of a nature that some may want to leave the courtroom.
Haas and the defense team objected to some of the photos, but those objections were overruled.
Dr. Gilliland began describing the conditions of the bodies, and the families sitting in the gallery became emotional as they listened.
She found the fingernail on Johnson's body, and she placed it into an envelope as evidence.
“I thought it was going to be important, so I wanted to protect it,” she said. “I looked at his hands and he did not have any torn nails.”
Dr. Gilliland testified that one of the gunshots that hit Johnson produced a contact wound where the gun had been placed right to the head when it was fired. Two bullets were recovered from Johnson’s body.
While Dr. Gilliland described photos of Johnson’s body, the jury looked on -- some visibly upset as the were shown the photos. Family members of the victims embraced each other, and Pinkerton rocked slightly back and forth in his chair at the defense table. She continues to be questioned by the state in regards to the autopsies.
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