Posted 4:56 pm Thursday, May 06, 2010
UPDATE: Crime Scene Video Shows Dilapidated Home
Editor's Note: Tyler Morning Telegraph reporter Kenneth Dean is covering the trial of capital murder defendant Blaine Milam, which is under way in Conroe, Texas. Dean is blogging from the trial as events unfold. More recent installments appear at the top of this report.
Posted Thursday, May 6, 2010 at 4:56 p.m. CDT
The state then called Missy Wolfe, an investigator for the Texas Attorney General's Office, who assisted in the investigation on Amora's death.
Wolfe said she was requested to assist in the case. On Dec. 10, she met with Jimerson and former Rusk County Sheriff’s Sgt. Amber Rogers and decided to revisit the scene where the crime had been committed.
Wolfe said she and Rogers and others, including Smith County Sheriff’s Crime Scene Investigator Noel Martin, went to the scene the following day.
Wolfe said upon entering the home, she saw what appeared to be blood stains on a mattress and some things in the south end of the home.
Wolfe said she left the scene to address a family emergency, but even so she remained on the case of Amora's death.
Wolfe testified she submitted baby wipes and a diaper for DNA testing.
Wolfe said she was in charge of the testing on a pipe wrench, and it was the most difficult of all of the evidence to be tested due to several challenges.
Wolfe testified how the wrench went to several labs, and each lab ended up having to work together in order to get the testing done.
Martin was then called to the stand to testify as to his role in the investigation.
Martin said there is very little danger of cross-contamination issues in a courtroom, because by the time the items reach the court they have all been tested.
Martin said he was asked by Wolfe to do a subsequent investigation in a case where the scene had already been processed.
Jimerson asked why Martin agreed to go when the case was already more than a week old.
“We don’t live in a perfect world, and sometimes things get missed. If I could help, I wanted to do so and this case I thought deserved another look,” he said.
Martin testified about the various types of blood stains and patterns. He talked about the classes he had attended and the crime scene classes he has instructed across the state.
Martin said he and Ira Earls, another crime scene investigator for the Smith County Sheriff’s Office, began videotaping the crime scene.
The video showed how badly the house was cluttered and falling apart. There were piles of feces throughout one bedroom, and dogs continued entering the home through holes in the floor while the investigators were on the scene.
Wolfe said she and Rogers and others, including Smith County Sheriff’s Crime Scene Investigator Noel Martin, went to the scene the following day.
Wolfe said upon entering the home, she saw what appeared to be blood stains on a mattress and some things in the south end of the home.
Wolfe said she left the scene to address a family emergency, but even so she remained on the case of Amora's death.
Wolfe testified she submitted baby wipes and a diaper for DNA testing.
Wolfe said she was in charge of the testing on a pipe wrench, and it was the most difficult of all of the evidence to be tested due to several challenges.
Wolfe testified how the wrench went to several labs, and each lab ended up having to work together in order to get the testing done.
Martin was then called to the stand to testify as to his role in the investigation.
Martin said there is very little danger of cross-contamination issues in a courtroom, because by the time the items reach the court they have all been tested.
Martin said he was asked by Wolfe to do a subsequent investigation in a case where the scene had already been processed.
Jimerson asked why Martin agreed to go when the case was already more than a week old.
“We don’t live in a perfect world, and sometimes things get missed. If I could help, I wanted to do so and this case I thought deserved another look,” he said.
Martin testified about the various types of blood stains and patterns. He talked about the classes he had attended and the crime scene classes he has instructed across the state.
Martin said he and Ira Earls, another crime scene investigator for the Smith County Sheriff’s Office, began videotaping the crime scene.
The video showed how badly the house was cluttered and falling apart. There were piles of feces throughout one bedroom, and dogs continued entering the home through holes in the floor while the investigators were on the scene.
Posted Thursday, May 6, 2010 at 1:56 p.m. CDT
Faye McElroy, a 911 dispatcher for Rusk County Sheriff's Office, testified she took the call on Dec. 2, 2008 when Milam called 911 in reference to Amora found not breathing.
The jury listened as the state played the 911 call from the day of Amora's death.
In the first call, Milam said his daughter was dead and he and his wife found her that way.
When the 911 operator transfers call to EMS to get help, Milam is heard sobbing on the phone.
“We were holding her for a little while,” Milam said.
“You were holding her?” the dispatcher asked.
“Yes, after we found her,” Milam said.
“She's not awake and she's not breathing?” the dispatcher asked.
“No,” Milam said. “I tried to give her CPR but it didn't help."
The dispatcher tells Milam to bring the baby to the phone to begin CPR, but Milam does not.
The dispatcher told Ms. Carson her stalling was not helping, and she needed to bring her there immediately.
“She's been beaten, she's beat all over her body and her face is bloody and she's been bitten,” Carson said.
“Is there any animals in the house?” the dispatcher asked.
"No, no animal could have done that,” Carson said.
Carson then tells the dispatcher Amora's head has been beaten in, and in the back of her head, there is a bubble.
Sobbing and whimpering, Carson said she is doing CPR and that the breath was just going in ad coming right back out.
The dispatcher tells Carson how to do CPR, and Carson said she is following the instructions.
Carson then talks to Milam as if he is doing the compressions and mouth to mouth. Whimpering and crying is heard.
“She's not breathing,” Carson said.
The dispatcher says to continue.
“Blaine, keep doing it,” Carson said.
“….My baby… my baby…(crying and muttering something indiscernible)," Carson said.
“Blaine keep doing it ... keep doing it ... please,” she said.
Milam then gets on the phone to tell the dispatcher where the home is on County Road 2125, where the homicide occurred.
The jury listened to the entire tape and some just lowered their heads and others covered their jaws with their hands.
Ms. McElroy testified the call came in about 10:30 a.m., and that she handled the call along with the EMS dispatcher.
In the first call, Milam said his daughter was dead and he and his wife found her that way.
When the 911 operator transfers call to EMS to get help, Milam is heard sobbing on the phone.
“We were holding her for a little while,” Milam said.
“You were holding her?” the dispatcher asked.
“Yes, after we found her,” Milam said.
“She's not awake and she's not breathing?” the dispatcher asked.
“No,” Milam said. “I tried to give her CPR but it didn't help."
The dispatcher tells Milam to bring the baby to the phone to begin CPR, but Milam does not.
The dispatcher told Ms. Carson her stalling was not helping, and she needed to bring her there immediately.
“She's been beaten, she's beat all over her body and her face is bloody and she's been bitten,” Carson said.
“Is there any animals in the house?” the dispatcher asked.
"No, no animal could have done that,” Carson said.
Carson then tells the dispatcher Amora's head has been beaten in, and in the back of her head, there is a bubble.
Sobbing and whimpering, Carson said she is doing CPR and that the breath was just going in ad coming right back out.
The dispatcher tells Carson how to do CPR, and Carson said she is following the instructions.
Carson then talks to Milam as if he is doing the compressions and mouth to mouth. Whimpering and crying is heard.
“She's not breathing,” Carson said.
The dispatcher says to continue.
“Blaine, keep doing it,” Carson said.
“….My baby… my baby…(crying and muttering something indiscernible)," Carson said.
“Blaine keep doing it ... keep doing it ... please,” she said.
Milam then gets on the phone to tell the dispatcher where the home is on County Road 2125, where the homicide occurred.
The jury listened to the entire tape and some just lowered their heads and others covered their jaws with their hands.
Ms. McElroy testified the call came in about 10:30 a.m., and that she handled the call along with the EMS dispatcher.
Posted Thursday, May 6, 2010 at 1:45 p.m. CDT
After releasing Pinckard from further testimony, Prosecutor Jimerson called Crystal Dobson, former pawn broker in Henderson, where Milam and Carson went to pawn some tools the day of Amora's death.
Ms. Dobson said an electric chainsaw and an air impact tool were among the items pawned by Ms. Carson.
She testified Milam was the one who told her what he wanted to pawn and the one who agreed to the price Ms. Dobson wanted to give.
Ms. Dobson said Milam appeared to be tired.
“He looked like he had maybe just rolled out of bed to me,” she said.
Jimerson asked if Milam appeared to be intoxicated or under the influence of any type of narcotic, and she said again he appeared to have just woken up and may have been agitated.
Ms. Dobson said at some point later that morning, Milam's mother and brother -- along with a local attorney -- showed up to get other items Milam had pawned on another date.
Jimerson presented surveillance video from the pawn shop, showing both Milam and Ms. Carson in the business on the day in question.
The video showed the couple making the transaction and walking around inside the store casually for about 15 minutes.
On Hagan's cross-examination, Ms. Dobson said Ms. Carson's behavior was just kind of “blah,” but she did direct Milam come back to the counter several times.
In the video, Ms. Carson looked at some movies on a wall near the counter while waiting for the transaction to be completed.
Rusk County Sheriff's Lt. Charles Helton was called back to the stand to introduce some DNA swabs from Ms. Carson.
Jimerson only asked a few questions about the swabs, but on cross-examination, Stephen Jackson, a Montgomery County attorney assisting in the case, began questioning Helton about crime scene investigations using a Texas Department of Public Safety handbook.
Helton answered yes to the questions posed by Jackson.
Jackson had multiple questions Wednesday about the integrity of the crime scene where evidence was obtained on Dec. 2, 2008 and on subsequent days.
Helton answered a few questions then was released.
Next the state called Henderson Police Department Det. David Marshal, who went to the pawn shop where Milam and Ms. Carson had pawned several items earlier in the day.
Marshal said he placed a hold on the items pawned by the couple and retrieved the surveillance video from the business showing the couple in the store.
Marshal said he then went to a convenience store where he obtained that store's video tape which showed the couple inside.
She testified Milam was the one who told her what he wanted to pawn and the one who agreed to the price Ms. Dobson wanted to give.
Ms. Dobson said Milam appeared to be tired.
“He looked like he had maybe just rolled out of bed to me,” she said.
Jimerson asked if Milam appeared to be intoxicated or under the influence of any type of narcotic, and she said again he appeared to have just woken up and may have been agitated.
Ms. Dobson said at some point later that morning, Milam's mother and brother -- along with a local attorney -- showed up to get other items Milam had pawned on another date.
Jimerson presented surveillance video from the pawn shop, showing both Milam and Ms. Carson in the business on the day in question.
The video showed the couple making the transaction and walking around inside the store casually for about 15 minutes.
On Hagan's cross-examination, Ms. Dobson said Ms. Carson's behavior was just kind of “blah,” but she did direct Milam come back to the counter several times.
In the video, Ms. Carson looked at some movies on a wall near the counter while waiting for the transaction to be completed.
Rusk County Sheriff's Lt. Charles Helton was called back to the stand to introduce some DNA swabs from Ms. Carson.
Jimerson only asked a few questions about the swabs, but on cross-examination, Stephen Jackson, a Montgomery County attorney assisting in the case, began questioning Helton about crime scene investigations using a Texas Department of Public Safety handbook.
Helton answered yes to the questions posed by Jackson.
Jackson had multiple questions Wednesday about the integrity of the crime scene where evidence was obtained on Dec. 2, 2008 and on subsequent days.
Helton answered a few questions then was released.
Next the state called Henderson Police Department Det. David Marshal, who went to the pawn shop where Milam and Ms. Carson had pawned several items earlier in the day.
Marshal said he placed a hold on the items pawned by the couple and retrieved the surveillance video from the business showing the couple in the store.
Marshal said he then went to a convenience store where he obtained that store's video tape which showed the couple inside.
Posted Thursday, May 6, 2010 at 10:13 a.m. CDT
Hagan asked why Pinckard only took three slides of the bites on Amora's body, and the doctor responded he only needed a representation of the greater number and because some of the bites were overlapping.
Pinckard said all of the bites were all very similar in nature.
Using several medial and forensic journals, Hagan asked questions of Pinckard about the aging of bite marks being determined under a microscope.
“Did those bite marks cause that child's death?” Hagan said.
"No, I don't believe those injuries were life threatening, no,” he replied.
Hagan asked if the injuries Amora sustained could have been from the child beating herself with a hammer, and Pinckard said they could not.
Hagan then asked if a metallic cross could have caused the injuries to Amora's pelvic area the doctor said if the object was of a significant size it could be.
“If someone reported this child's face was warped due to the child being possessed by a demon, is that possible to cause the injuries?” Hagan said.
“I don't know what you are even talking about. That is not even medicine,” Pinckard replied.
Using several medial and forensic journals, Hagan asked questions of Pinckard about the aging of bite marks being determined under a microscope.
“Did those bite marks cause that child's death?” Hagan said.
"No, I don't believe those injuries were life threatening, no,” he replied.
Hagan asked if the injuries Amora sustained could have been from the child beating herself with a hammer, and Pinckard said they could not.
Hagan then asked if a metallic cross could have caused the injuries to Amora's pelvic area the doctor said if the object was of a significant size it could be.
“If someone reported this child's face was warped due to the child being possessed by a demon, is that possible to cause the injuries?” Hagan said.
“I don't know what you are even talking about. That is not even medicine,” Pinckard replied.
Posted Thursday, March 6, 2010 at 9:35 a.m. CDT
Lead defense attorney Rick Hagan began day four of the trial in the capital murder case against Blaine Milam with his cross-examination of Dr. Keith Pinckard, whose shocking descriptions of the post-mortem condition of 13-month-old Amora Bain Carson's body concluded Wednesday afternoon's court session.
Hagan asked if it was Pinckard's testimony that the bites on 13-month-old Amora Bain Carson were anti-mortem, meaning before death, and the doctor Hagan was correct.
Amora was badly beaten, bitten, sexually abused during her Dec. 2, 2008 murder in which Milam and the child's mother, Jessica Carson, are accused of killing her during an attempted exorcism gone badly.
Pinckard told Hagan during a series of questions the bites on Amora showed hemorrhaging but no signs inflammatory response, meaning there were no signs of healing taking place like in the injuries to the child's brain and pelvic area.
Hagan was trying to prove the bites occurred after Amora had died, but Pinckard disagreed.
“You don't bleed after you die,” he said.
Pinckard said it was possible to bruise after a person dies, but the color and nature of the bruise would indicate if the injury was sustained before or after death.
Hagan asked if the bite marks were consistent with being made after death, and Pinckard said not in his opinion.
Amora was badly beaten, bitten, sexually abused during her Dec. 2, 2008 murder in which Milam and the child's mother, Jessica Carson, are accused of killing her during an attempted exorcism gone badly.
Pinckard told Hagan during a series of questions the bites on Amora showed hemorrhaging but no signs inflammatory response, meaning there were no signs of healing taking place like in the injuries to the child's brain and pelvic area.
Hagan was trying to prove the bites occurred after Amora had died, but Pinckard disagreed.
“You don't bleed after you die,” he said.
Pinckard said it was possible to bruise after a person dies, but the color and nature of the bruise would indicate if the injury was sustained before or after death.
Hagan asked if the bite marks were consistent with being made after death, and Pinckard said not in his opinion.
