Posted 4:12 pm Tuesday, May 04, 2010
UPDATE: Defendant's Sister Focus Of Afternoon Testimony
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Editor's Note: Tyler Morning Telegraph reporter Kenneth Dean is covering the trial of capital murder defendant Blaine Milam, which began in Conroe, Texas today. Dean is blogging from the trial as events unfold. More recent installments appear at the top of this report.
Posted Tuesday, May 4, 2010 at 4:11 p.m. CDT
Lt. Sandra Shaw, Rusk County Jail administrator, testified about a visitation sheet showing Milam's sister visited him in jail on Dec. 13, 2008.
Theresa Shea, Milam’s sister, told the jury she received a phone call from Milam on Dec. 1, 2008, the night before Amora was murdered, and the two just talked.
The next morning, she received another phone call from her brother who was crying, saying he found Amora dead.
“I said, 'Blaine, have you called for help?' and he said no. I told him to call 911,” she said.
Ms. Shea said when she arrived in Texas after hearing the news, she went with her mother back to the home after it was released to the family by investigators. She was appalled at the condition of the inside of the home.
Ms. Shea said she visited her brother at the Rusk County Jail. The two talked on phones through glass, and it was during that time Milam told her there was some “stuff” Ms. Carson had put under the house.
Ms. Shea testified the statement by her brother made her believe it was connected to the death of Amora.
Tanner asked Shea if she had asked anyone to give her a ride to the home where the murder occurred to get some stuff for Blaine.
Ms. Shea testified she never asked anyone for a ride to the home.
Denna Gray told jurors she took Ms. Shea to Henderson to visit her brother in jail, and then later that afternoon talked with Ms. Shea about the visit with her brother.
Ms. Gray said her daughter Nicole was present during the conversation at her home with Ms. Shea, who requested to go back out to the home where the murder occurred to get some evidence out from underneath the mobile home.
Ms. Gray said she called Sgt. Rogers immediately and told her what Ms. Shea had told her, and that Rogers needed to get to the home quickly because there may be evidence underneath the home.
The next morning, she received another phone call from her brother who was crying, saying he found Amora dead.
“I said, 'Blaine, have you called for help?' and he said no. I told him to call 911,” she said.
Ms. Shea said when she arrived in Texas after hearing the news, she went with her mother back to the home after it was released to the family by investigators. She was appalled at the condition of the inside of the home.
Ms. Shea said she visited her brother at the Rusk County Jail. The two talked on phones through glass, and it was during that time Milam told her there was some “stuff” Ms. Carson had put under the house.
Ms. Shea testified the statement by her brother made her believe it was connected to the death of Amora.
Tanner asked Shea if she had asked anyone to give her a ride to the home where the murder occurred to get some stuff for Blaine.
Ms. Shea testified she never asked anyone for a ride to the home.
Denna Gray told jurors she took Ms. Shea to Henderson to visit her brother in jail, and then later that afternoon talked with Ms. Shea about the visit with her brother.
Ms. Gray said her daughter Nicole was present during the conversation at her home with Ms. Shea, who requested to go back out to the home where the murder occurred to get some evidence out from underneath the mobile home.
Ms. Gray said she called Sgt. Rogers immediately and told her what Ms. Shea had told her, and that Rogers needed to get to the home quickly because there may be evidence underneath the home.
Posted Tuesday, May 4, 2010 at 2:12 p.m. CDT
After lunch, Jimerson called John Hillin, a Henderson dentist, who was called on by investigators in the case to help make some dental study models.
Hillin testified he made models of the teeth of both Milam and Ms. Carson for investigators shortly after Amora's death.
Hillin said he didn't bill for his services because he thought it was his civic duty to assist when he learned the severity of the case.
Jimerson made it clear that Hillin did not give any expert opinion about bites, but just made the models.
Jimerson then called Shirley Broyles, Rusk County Jail nurse and a deputy, who said she was over the medical department of the sheriff's office on Jan. 22, 2009. On that day, she said she had a discussion with Milam in the capacity of her role as mental health nurse for the jail.
Ms. Broyles said she was making rounds in the jail when Milam called for her to talk to him.
”I could tell he was upset. He didn't sound like himself,” she said.
When she arrived at his cell, she said Milam was sitting on his bunk crying.
Ms. Broyles said Milam handed her a written request to speak to former Sgt. Amber Rogers, the lead detective in the case.
“He was really breaking down and he said, ‘I am going to confess I did it, but the Blaine that you know didn't do this. My dad told me to be a man. Tell Jessica I love her,'” she said.
Hillin said he didn't bill for his services because he thought it was his civic duty to assist when he learned the severity of the case.
Jimerson made it clear that Hillin did not give any expert opinion about bites, but just made the models.
Jimerson then called Shirley Broyles, Rusk County Jail nurse and a deputy, who said she was over the medical department of the sheriff's office on Jan. 22, 2009. On that day, she said she had a discussion with Milam in the capacity of her role as mental health nurse for the jail.
Ms. Broyles said she was making rounds in the jail when Milam called for her to talk to him.
”I could tell he was upset. He didn't sound like himself,” she said.
When she arrived at his cell, she said Milam was sitting on his bunk crying.
Ms. Broyles said Milam handed her a written request to speak to former Sgt. Amber Rogers, the lead detective in the case.
“He was really breaking down and he said, ‘I am going to confess I did it, but the Blaine that you know didn't do this. My dad told me to be a man. Tell Jessica I love her,'” she said.
Posted Tuesday, May 4, 2010 at 12:11 p.m. CDT
Prosecutors and defense argued about allowing Ms. Carson's statements.
Hagan said he could show that Ms. Carson was the one who killed the baby and that her own statements show she was the responsible party.
Gossett allowed Hagan to question Ray, but restricted that questioning to facts and not hearsay statements and then ordered the jury to be seated to once again begin testimony.
Hagan asked Ray if he had watched video of Ms. Carson at a truck stop and if he saw a metallic cross.
Ray said it did not appear that she bought a cross, though she said she and Milam went there to buy a cross to use in the exorcism. Ray said he saw Ms. Carson in the truck stop but never saw Milam inside the establishment.
“You accused Blaine Milam of murdering that child, didn't you?” Hagan asked in regards to the questioning of Milam in his vehicle.
Ray said that was correct in an indirect manner by asking why Milam bit the child.
Hagan kept questioning Ray about whether Milam was free to go, and Ray said Milam was and then Hagan answered by saying he had never seen a suspect in a capital murder able to walk around and not be in custody.
Milam asked Ray if he could call Scrappy Holmes (Milam said Scrappy was his uncle), and Ray said he could because he was not under arrest.
Hagan then began questioning Ray how he would handle evidence in a murder case, and Ray said he would package clothing separately so that it did not touch other pieces of clothing.
“You mean like those bags up there by the judge, where the items of clothing are touching each other?”
Ray replied, “Yes.”
Hagan asked how he would go about taking the clothing off the suspects for evidence.
“In an ideal world, a person would stand on a clean sheet and take off their clothing so that anything that fell off would be on that sheet,” Ray said. “But that is in an ideal world and sometimes you don't have that opportunity.”
Hagan asked if the Department of Public Safety crime lab should have been called to process the scene.
Ray said that is not the protocol, but added the DPS could have been asked to come to the scene.
Hagan asked if cross contamination was the reason for some of the problems in DPS labs across Texas.
Ray said he had heard of those cases.
Jimerson objected, but had it overruled by Gossett who allowed the questioning of Ray to continue in regards to the handling of evidence.
Ray explained the evidence being handled in court was not the same as being handled at the scene or by labs doing testing.
On redirect, Jimerson asked Ray if he had ever touched exhibits in a courtroom and he said he had and that he wore gloves in the courtroom to protect himself against the possibility of biological contaminants.
Jimerson then asked Ray if it was usual to detain someone without them being under arrest.
“There's always a time where you're just trying to separate truth from fiction. We detain people when we pull them over for a ticket. They are not in handcuffs or hauled off to jail,” he said.
The state then called Shane Clark, who owns a timber company in East Texas.
Clark said he met Milam to look at some timber where Milam wanted to clear a plot of land for a home site on Nov. 22, 2008. Clark said he again talked to Milam a few days later, but he said he had no further conversations with Milam and never met him, nor was he supposed to meet him, on Dec. 2.
John Moore asked how Clark could say he hadn't talked to Milam on Dec. 2, and he said because he was working.
Clark's father, Dwight Clark, was called, and he said he had never met with or talked to Milam.
The court has recessed for lunch.
Gossett allowed Hagan to question Ray, but restricted that questioning to facts and not hearsay statements and then ordered the jury to be seated to once again begin testimony.
Hagan asked Ray if he had watched video of Ms. Carson at a truck stop and if he saw a metallic cross.
Ray said it did not appear that she bought a cross, though she said she and Milam went there to buy a cross to use in the exorcism. Ray said he saw Ms. Carson in the truck stop but never saw Milam inside the establishment.
“You accused Blaine Milam of murdering that child, didn't you?” Hagan asked in regards to the questioning of Milam in his vehicle.
Ray said that was correct in an indirect manner by asking why Milam bit the child.
Hagan kept questioning Ray about whether Milam was free to go, and Ray said Milam was and then Hagan answered by saying he had never seen a suspect in a capital murder able to walk around and not be in custody.
Milam asked Ray if he could call Scrappy Holmes (Milam said Scrappy was his uncle), and Ray said he could because he was not under arrest.
Hagan then began questioning Ray how he would handle evidence in a murder case, and Ray said he would package clothing separately so that it did not touch other pieces of clothing.
“You mean like those bags up there by the judge, where the items of clothing are touching each other?”
Ray replied, “Yes.”
Hagan asked how he would go about taking the clothing off the suspects for evidence.
“In an ideal world, a person would stand on a clean sheet and take off their clothing so that anything that fell off would be on that sheet,” Ray said. “But that is in an ideal world and sometimes you don't have that opportunity.”
Hagan asked if the Department of Public Safety crime lab should have been called to process the scene.
Ray said that is not the protocol, but added the DPS could have been asked to come to the scene.
Hagan asked if cross contamination was the reason for some of the problems in DPS labs across Texas.
Ray said he had heard of those cases.
Jimerson objected, but had it overruled by Gossett who allowed the questioning of Ray to continue in regards to the handling of evidence.
Ray explained the evidence being handled in court was not the same as being handled at the scene or by labs doing testing.
On redirect, Jimerson asked Ray if he had ever touched exhibits in a courtroom and he said he had and that he wore gloves in the courtroom to protect himself against the possibility of biological contaminants.
Jimerson then asked Ray if it was usual to detain someone without them being under arrest.
“There's always a time where you're just trying to separate truth from fiction. We detain people when we pull them over for a ticket. They are not in handcuffs or hauled off to jail,” he said.
The state then called Shane Clark, who owns a timber company in East Texas.
Clark said he met Milam to look at some timber where Milam wanted to clear a plot of land for a home site on Nov. 22, 2008. Clark said he again talked to Milam a few days later, but he said he had no further conversations with Milam and never met him, nor was he supposed to meet him, on Dec. 2.
John Moore asked how Clark could say he hadn't talked to Milam on Dec. 2, and he said because he was working.
Clark's father, Dwight Clark, was called, and he said he had never met with or talked to Milam.
The court has recessed for lunch.
Posted Tuesday, May 4, 2010 at 10:29 a.m. CDT
Defense attorney Hagan began his cross-examination of Texas Ranger Ray by asking him who he first talked to when he arrived at the scene the morning of the homicide.
Ray said he didn't remember who the first person he talked to was, but that his role was to interview Milam and Ms. Carson.
Hagan then began questioning Ray about Ms. Carson's demeanor when he met her.
“She was whimpering and appeared to be a grieving mother,” he said.
Ray said her attitude then changed. She became dramatic and matter-of-fact, and did not have the demeanor of a grieving mother.
“She began referring to her child as 'that baby,'” Ray said.
As Hagan continued, Jimerson and his co-counsel Texas Attorney General prosecutor Lisa Tanner asked for the jury to be removed from the courtroom to argue whether the various statements made by Ms. Carson should be allowed, because they could be used as a “blame-shifting” statement.
Outside the presence of the jury, Gossett sustained the state's objection, but allowed Hagan to continue questioning Ray about what Carson said during her interview.
Hagan asked if it was true that Ms. Carson said she would rather see her daughter go to heaven now than go to Hell and live with Satan later in life.
“She said she answered that in response to a question from Milam,” Ray said.
After reading an interview, Ray said Ms. Carson did say she would rather see Amora go to heaven now.
Hagan then began questioning Ray about Ms. Carson's demeanor when he met her.
“She was whimpering and appeared to be a grieving mother,” he said.
Ray said her attitude then changed. She became dramatic and matter-of-fact, and did not have the demeanor of a grieving mother.
“She began referring to her child as 'that baby,'” Ray said.
As Hagan continued, Jimerson and his co-counsel Texas Attorney General prosecutor Lisa Tanner asked for the jury to be removed from the courtroom to argue whether the various statements made by Ms. Carson should be allowed, because they could be used as a “blame-shifting” statement.
Outside the presence of the jury, Gossett sustained the state's objection, but allowed Hagan to continue questioning Ray about what Carson said during her interview.
Hagan asked if it was true that Ms. Carson said she would rather see her daughter go to heaven now than go to Hell and live with Satan later in life.
“She said she answered that in response to a question from Milam,” Ray said.
After reading an interview, Ray said Ms. Carson did say she would rather see Amora go to heaven now.
Posted Tuesday, May 4, 2010 at 9:40 a.m. CDT
Rusk County District Attorney Micheal Jimerson began this morning's court action in the “exorcism” case by revisting with Texas Ranger Kenney Ray, who interviewed defendant Blaine Milam on the day of the homicide of 13-month-old Amora Bain Carson in December 2008.
Ray said he obtained a written consent to search Milam's vehicles and home on Dec. 2, 2008 and that he explained the request and why it was needed.
Ray said after he talked with Milam for about an hour, he finally made his way into the home and saw the body of the brutally beaten baby on the floor in a bedroom.
Ray said he left the crime scene and went to the Rusk County Sheriff's Office, where he met again with Milam. He then requested a DNA sample via swab from Milam.
Jimerson showed a swab to Ray, who identified it as the swab taken from the suspect in the case.
Ray then identified the clothing Milam was wearing when he interviewed the suspect at the crime scene.
Defense team members Rick Hagan and Stephen Jackson objected, saying the bags holding the clothing were torn and that evidence was touching and contaiminating other evidence.
Jimerson, raising his voice, objected to the defense saying, “If we are going to take this up, then we need to do so out of the presence of the jury. This is nothing more than grandstanding and it needs to stop.”
Judge Clay Gossett ordered the jury out and the two sides began arguing about the objections.
Hagan said his client was being denied due process and a fair trial because the evidence had been contaminated.
Hagan said the contamination started when Rusk County Sheriff officials laid out evidence for investigators, and placed all of the evidence from Milam, co-defendant Jessica Carson, and bloody clothing from the baby on the same piece of butcher paper.
Hagan argued the preservation of evidence had been tainted, but Gossett overruled the objection.
Hagan then asked for a running objection, but Jimerson said it was all done to influence the jury.
The court called the jury back in to begin rehearing testimony.
Ray said he left the crime scene and went to the Rusk County Sheriff's Office, where he met again with Milam. He then requested a DNA sample via swab from Milam.
Jimerson showed a swab to Ray, who identified it as the swab taken from the suspect in the case.
Ray then identified the clothing Milam was wearing when he interviewed the suspect at the crime scene.
Defense team members Rick Hagan and Stephen Jackson objected, saying the bags holding the clothing were torn and that evidence was touching and contaiminating other evidence.
Jimerson, raising his voice, objected to the defense saying, “If we are going to take this up, then we need to do so out of the presence of the jury. This is nothing more than grandstanding and it needs to stop.”
Judge Clay Gossett ordered the jury out and the two sides began arguing about the objections.
Hagan said his client was being denied due process and a fair trial because the evidence had been contaminated.
Hagan said the contamination started when Rusk County Sheriff officials laid out evidence for investigators, and placed all of the evidence from Milam, co-defendant Jessica Carson, and bloody clothing from the baby on the same piece of butcher paper.
Hagan argued the preservation of evidence had been tainted, but Gossett overruled the objection.
Hagan then asked for a running objection, but Jimerson said it was all done to influence the jury.
The court called the jury back in to begin rehearing testimony.
