GA v David Edenfield – Victim: Christopher Barrios

Case Background

David Edenfield is accused of child rape and first degree murder in the March 8, 2007 sexual assault and murder of 6-year-old Christopher Barrios, Jr. of Brunswick, Georgia. Also charged in the indictment are his wife, Peggy Edenfield, and their adult son, George David Edenfield.

It is alleged that George Edenfield lured Christopher to the mobile home he shared with his parents, David and Peggy Edenfield. While in the process of both George and David Edenfield taking turns sodomizing the boy, it is alleged that someone choked him to death. Peggy Edenfield is being charged for her part in the sexual molestation of Christopher as well as his murder.

A friend of the family, Donald Dale was also arrested and charged with aiding the Edenfields in hiding Christopher’s body. He entered into a plea agreement and was earlier this year. He had no involvement in the murder or sexual assault.

The Disappearance

Christopher Barrios was reported missing by his father at approximately 8:15 p.m. on the night of March 8, 2007 from the Canal Mobile Home Park. Christopher had been last observed playing on a swing set by himself at approximately 6:15 p.m. in a neighbor’s yard. When he failed to come home by 8 p.m., and after his father searched the mobile home park, police were called.

The Search

The search for Christopher began at 8:30 p.m. March 8, 2007.

An extensive search of the areas surrounding the mobile home park was conducted utilizing search dogs, searchers on ATVs , heat-sensing aircraft, and National Guard personnel.

The search was scaled back on Saturday night, March 10, 2007 because there were no new leads.

The Investigation

During the course of the investigation into Christopher’s disappearance investigators interviewed registered sex offenders in the area including Christopher’s father and George Edenfield.

Christopher’s father also appeared on the Georgia State Sex Offender Registry. He has a conviction for Statutory Rape. However, it was determined early on that Christopher’s father was not a suspect in his son’s disappearance.

This would not be the case pertaining to the interview conducted with George Edenfield, the registered sex offender living across the street from the mobile home of Christopher’s grandmother, Sue Rodriguez. One day after Christopher’s disappearance, George Edenfield was taken into custody based on statements he made to investigators indicating that he had recent unsupervised contact with Christopher on March 8, 2007.

George Edenfield made comments to investigators indicating that he had murdered the child. However, he was reluctant to tell investigators where the body was located because he feared going to prison.

George Edenfield’s History

George Edenfield had two prior convictions for child molestation dating from 1997.

George David Edenfield was required to register as a sex offender after he pleaded guilty in 1997 to molesting two boys, ages 7 and 9. Prosecutors said he rubbed his clothed body in a sexual manner against the boys, who also were fully dressed. He was sentenced then to 10 years on probation. ((Sun-Sentinal.com))

He had recently moved into the mobile home park after having been ordered to move by the sheriff in September 2006 from a house on Union Street because it was determined that residence was in close proximity to a park where children congregated.

Because George Edenfield failed to move he was charged with a probation violation. He appeared in court on that charge on March 5, 2007, three days prior to Christopher’s disappearance.

Sheriffs’ deputies told George David Edenfield in September that he had to leave his home near downtown Brunswick because it was too close to a playground. Georgia law prohibits registered sex offenders from living within 1,000 feet of schools and other places that draw crowds of children.

His family went to live in the trailer park in October after George David Edenfield was arrested for failing to move as ordered. He pleaded guilty to the charge and was sentenced to probation March 5, three days before Christopher went missing.

David Edenfield’s History

David Edenfield, George’s father also has a history of being a sex offender. David Edenfield plead guilty to incest in 1994 for having a sexual relationship with an adult member of his family.

Superior Court records show that David Edenfield was arrested for committing incest against his daughter in 1993, and that he pleaded guilty to the charge and was sentenced to 10 years’ probation in 1994. ((Jacksonville.com))

Peggy Edenfield’s History

There really is not any information about Peggy Edenfield as it pertains to past brushes with the law. She has been married to David for many years and they have two children, George and an unnamed daughter. Both children have grown into adulthood.

New Leads

Investigators then went back to the mobile home of Peggy Edenfield and brought along with them a representative from the Gas Company. They asked if they could conduct a test to detect methane gas. Methane gas is a by-product of body decomposition. The test proved the presence of methane gas inside the mobile home.Later that day when another interview was conducted with Peggy Edenfield, she also made comments to investigators indicating not only her son’s involvement but also her involvement, her husband’s and a family friend’s involvement as well in the crime against Christopher.

Peggy Edenfield indicated the following during her interviews with investigators:

Peggy Edenfield told police March 12 that George Edenfield, her son, confessed to her that he had killed Christopher.

Peggy Edenfield witnessed her son and David Edenfield, George’s father and Peggy Edenfield’s husband, choke Christopher until he was dead.

In a follow-up interview (on March 12, 2007), with Glynn County police Sgt. Keith Stalvey, Peggy Edenfield admitted that George attempted to clean fingerprints off Christopher’s neck using a pot of water and soap and wrapping him in plastic trash bags.

That statement is consistent in three of the four search warrant applications. In the fourth this one to search the Edenfield home it is stated that Peggy Edenfield said she washed Christopher’s neck.

That same warrant includes Peggy Edenfield telling police that David Edenfield and George Edenfield used clothing to wipe semen off their bodies. No further information on this detail is included in any of the warrant applications. The Brunswick News.com

The Search Resumes

After investigators spoke with Peggy Edenfield investigators made an emergency entry of the Edenfield mobile home because Peggy Edenfield indicated to investigators that Christopher could be found alive inside of a closet at the mobile home. They were not able to find Christopher but they did find items of interest inside the mobile that did indicate Christopher had been there at some point. There was renewed interest and investigators asked once again that the heat-sensing aircraft be sent to the area of the mobile home park. A search warrant was obtained and the mobile home was officially searched.

George Edenfield was brought to the mobile home so he could show investigators where Christopher’s body had been placed but Mr. Edenfield was unable or unwilling to tell them where to find Christopher.

More Arrests

Peggy Edenfield was placed under arrest on March 14, 2007 and charged with giving false statements, obstruction of an officer and concealing the death of another person.

David Edenfield, George Edenfield’s father and husband of Peggy Edenfield was arrested on March 15, 2007 on charges of giving false statements, obstruction of an officer and concealing the death of another person. That same day, family friend Donald Dale, was arrested and charged as well.

The suspects were escorted to various sites they claimed where Christopher’s body could be located over the ensuing days but none of those searches proved fruitful.

Discovery of Christopher’s Body

On March 15, 2007, a searcher noticed tire tracks on a road located approximately 3 miles from the Canal Mobile Home Park. Those tire tracks led to a black trash bag covered with bugs, containing Christopher’s body.

The Indictments

David, Peggy and George Edenfield Indictments

  1. Malice murder – punishable by death, life without parole or life with eligibility for parole
  2. Kidnapping with bodily injury – punishable by death, or 25 years to life in prison
  3. Enticing a child for indecent purposes – punishable by 10 to 30 years in prison
  4. False imprisonment – punishable by 1 to 10 years in prison
  5. First-degree cruelty to children – punishable by 5 to 20 years in prison
  6. Child molestation – punishable by 5 to 20 years in prison
  7. Concealing the death of another person – punishable by 1 to 10 years in prison
  8. Tampering with evidence – punishable by 1 to 10 years in prison

George and David Edenfield Additional Indictments

  1. Aggravated child molestation, two counts – punishable by 25 years to life on each count

Donald Dale Indictments

  1. Concealing the death of another person – punishable by 1 to 10 years in prison.
  2. Tampering with evidence – punishable by 1 to 10 years in prison.

Pre-Trial

April 2, 2007

George, David and Peggy Edenfield appeared in Glynn County Superior Court today to once again hear the charges against them. They will be formally arraigned on April 13 at 2 p.m. They are all expected to enter pleas on the murder and molestation charges.

The prosecutor is seeking the death penalty against all three defendants. Because of a Georgia Supreme Court ruling there are a series of steps that need to be followed when the death penalty is being sought. This series of required steps are expected to take about a year to complete.

April 13, 2007

George, David and Peggy Edenfield each entered pleas of not guilty today through their attorneys in separate appearances before Superior Court Judge Stephen G. Scarlett.

Judge Scarlett also addressed in the court the issue regarding his decision in March 2007 to not sentence George Edenfield to prison for his parole violation. George Edenfield appeared before Judge Scarlett just 3 days prior to the new charges. In those proceedings George Edenfield was charged with living too close to a park in violation of his parole. Judge Scarlett sentenced George Edenfield to an additional 10 years of probation instead of sending him to prison. Below is Judge Scarlett’s explanation for his ruling in that case:

“…[Edenfield’s] his prior sentence was appropriate considering George Edenfield faced his first probation violation in almost 10 years. He also said he felt for the loss suffered by Christopher’s family.

“But this court’s conduct will not be colored by that,” the judge said… Access North GA.com

August 29, 2008

David Edenfield was in court with his attorney yesterday. His attorney was trying to have the murder indictment thrown out based on the idea that the Grand Jury underrepresented Hispanics. I am trying really hard to understand this reasoning. David Edenfield is white. The victim, Christopher Barrios is half Hispanic and I believe half Black. One would think David Edenfield’s attorney would be more concerned if the Grand Jury had been stacked the other way.

Judge Scarlett said he would take the motion under advisement and rule on it quickly. Edenfield’s attorney said if the judge does not rule in his favor, then he will move to have a change of venue because of publicity.

Christopher’s grandmother, Sue Rodriguez, was at the hearing. She just wishes the proceedings would move on.

February 5, 2009

It was announced today the first person to stand trial in the sexual assault murder of six-year-old Christopher Barrios will be David Edenfield. Jury selection is set to begin on April 20 with the trial beginning on May 4. The trial is expected to last two weeks. The state is seeking the death penalty. The two other co-defendants, Peggy Edenfield, wife of David Edenfield; and George Edenfield, their adult son, will stand trial at a later, unannounced date. The state has entered into a plea agreement with Peggy Edenfield. She will be spared the death penalty in exchange for her testimony during her husband’s and son’s trials. She could receive a sentence of life with the possibility of parole for her testimony.

March 15, 2009

Judge Scarlett ruled earlier this week that David Edenfield’s trial date will be pushed back until September 8. Jury selection will begin tentatively that day in Hazelhurst; testimony will begin at the Glynn County Courthouse in Brunswick on September 21. The judge cited the tough economy and lack of funds to provide for defense experts, and investigators to aid in Edenfield’s preparation for trial for the delay. He believes that when the new budget is enacted on July 1 the funds will be available.

Final motions will be heard on August 19. During that hearing, the defense team will argue that David Edenfield cannot get a fair trial anywhere is coastal Georgia.

Meanwhile, Sue Rodriguez, Christopher’s grandmother, waits and is aggravated with the repeated delays.

“We’ve already waited two years, and now what? We wait and wait and wait some more. It’s just ridiculous,” she said. Edenfield Murder Trial Delayed Until State can Pay for Defense Expense, Jacksonville.com

My heart goes out to the Barrios family as they try to get some sort of justice for Christopher. This month marks the second anniversary of Christopher’s murder.

August 26, 2009

David Edenfield’s murder trial is scheduled to begin with jury selection on September 21, 2009. A motions hearing was held today in Judge Stephen Scarlett’s courtroom. Two motions were discussed, one pertaining to admission of statements and the other deciding from where the jury pool will be drawn.

David Edenfield’s attorneys, John Beall, IV, and James Yancey, Jr., first argued that statements their client made to police during the investigation into Christopher Barrios’ disappearance and murder were obtained through police coercion and should not be admissible in court. They also argued the jury pool should not be drawn from anywhere near Brunswick because the pool would be tainted.

Judge Scarlett ruled that statements made by Edenfield will be admitted into evidence and heard by the jury. He also ruled that the jury pool will come from nearby Jeff Davis County which is in southeast Georgia. Well, according to MapQuest, the drive between Hazelhurst (which is in Jeff Davis County) and Brunswick (which is in Glynn County) is about 2 hours or 86.7 miles. I am going to guess they will draw the jury pool from Hazelhurst because that appears to be the county seat. There is no way people living two hours away did not hear about the case. As far as that is concerned, I live in California and I know more than I would ever want to know about the case. I feel bad for the jury members who will have to hear what was done to poor little Christopher.

September 20, 2009

David Edenfield’s trial for the kidnapping, rape and murder of 6-year-old Christopher Barrios is set to begin with jury selection tomorrow in Jeff Davis County, Georgia. Judge Stephen Scarlett ruled the jury would be selected from that county and then transported to his courtroom in Glynn County for the trial.

Last week Edenfield’s attorneys notified the prosecution that there may be an issue with David Edenfield’s mental status at the time of the crime. This new information prompted a request from the prosecution to have Edenfield submit to a mental evaluation. The judge ordered Edenfield to cooperate fully with the process. He ordered Edenfield to see a state-selected expert Georgia Regional Hospital at Savannah or at Milledgeville:

to evaluate Edenfield “with regard to his competency at the time of his commission of the crimes” and whether he suffered any mental illness at that time. Evaluation Ordered of Boy’s Accused Killer, WJXT, Last Accessed: September 20, 2009

This suggestion of a mental defect or illness at the time of the commission of the crimes sound like a last-ditch effort to avoid the death penalty. I read in another article that the prosecutor mentioned during the September 15 hearing when the request was made for the evaluation that during earlier discussions with the defense they indicated that mental illness or defect was not an issue as it pertained to David Edenfield.

It will be interesting (actually sickening) to hear Peggy Edenfield’s testimony about what she observed her husband and son do to Christopher Barrios.

Witnesses expected to testify against Edenfield include his wife, who police say watched her husband and adult son take turns raping Christopher Michael Barrios before killing him.  Jury Selection Begins for Trial in Boy’s Slaying, WJXT, Last Accessed: September 20, 2009

It does not sound like Edenfield was suffering from some sort of mental illness at that time. It sounds as if he was just enjoying himself. Of course, it will come out that Peggy was not just ‘watching’ what was happening to Christopher. She was ‘pleasuring herself’ as she watched.

I suppose some would say anyone who would rape and murder an innocent child must be insane. Fortunately in this case, the legal definition of insane at the time of the offense will not apply. My bet Edenfield is going to go for the fact that he is a pedophile and could not help himself. I am guessing that is going to be his ‘mental illness’ defense.

There is a possibility that the evaluation may delay the start of the trial. It is my understanding that jury selection will go on as planned tomorrow whether or not Edenfield is present in court.

Trial

For the Prosecution: Special Assistant District Attorney John Johnson

For the Defense: James Yancey, Jr.

Presiding Judge: Judge Steven Scarlett

Death Penalty Case

David Edenfield’s murder trial is set to begin with jury selection on September 21. He is being tried for the sexual assault and murder of 5-year-old Christopher Barrios of Brunswick, Georgia. This is a death penalty case.

September 21, 2009

Jury selection began today in the murder trial of 61-year-old David Edenfield for the murder of 6-year-old Christopher Michael Barrios. Attorneys will be picking from a pool of 100 potential jurors selected from Jeff Davis County, Georgia, a rural area 80 miles from Glynn County. Once the jurors are selected they will be transported to Brunswick and sequestered there for the remainder of the trial. Opening Arguments could begin as soon as September 28.

One of David Edenfield’s attorneys gave the following statement to an Associated Press reporter:

“We’re planning on a hard-fought trial,” said John Beall IV, one of David Edenfield’s defense attorneys. “David Edenfield is entitled to a fair trial, despite the allegations that have been raised against him.”  Russ Bynum, Associated Press Writer, Ga. Man Faces Trial for 6-Year-Old Boy’s Slaying, Macon.com, Last Accessed: September 21, 2009

Christopher Barrios deserved to live a long life and he deserves justice. Of course, in this country the accused are innocent until proven guilty in a court of law.

It is hard for me to believe that the people from Jeff Davis County have never heard of the murder of Christopher Barrios or if they have heard have not come to some sort of conclusion regarding the guilt or innocence of David Edenfield. Time will tell.

September 29, 2009

The jury has been picked and they will be sworn in later today. Opening statements are set to begin on Wednesday. It is amazing how long it took for this trial to get to opening statements, it seems like it has been forever for the Barrios family to have their day in court. I am equally amazed that the trial is only expected to last three to five days. The jury will be sequestered at an undisclosed location.

September 30, 2009

The trial of GA v David Edenfield opened today with the prosecution quoting from David Edenfield’s confession. According to the prosecutor, Edenfield said he and his son, 34-year-old George lured Christopher into their home. Once they had him inside they stripped his clothing off of him. Edenfield claimed Christopher begged them to stop doing what they were doing, begged them to let him leave, and told them he was going to tell his parents. At some point, according to Edenfield, his son placed his hands around Christopher’s neck and began choking him, he then instinctively placed his hands over his son’s hands and helped strangle Christopher to death. I don’t know what the word ‘instinctively’ is doing in the same sentence as one describing the strangulation death of a child. In my world it is not an instinctive thing to do.

The defense’s opening statement to the jury focused on saying there is no evidence tying David Edenfield to Christopher’s murder. Defense Attorney James Yancey, Jr. went on to say in a nutshell that the evidence against his client is more about the planned testimony of Peggy Edenfield and her plea arrangement with the prosecution. Peggy Edenfield, wife of David and mother of George, has agreed to testify against both men in exchange for both the death penalty and life without parole being taken off the table in her prosecution.

The first person to testify today was Michael Barrios, Christopher’s father. He testified that he noticed Christopher’s Star Wars light saber toy laying in the Edenfield’s yard next to the Barrios home. Christopher had been playing with the toy earlier that day. The elder Barrios notified police of the find and that is what led them to question the Edenfields. Also testifying today were a few neighbors and the girlfriend of Michael Barrios, Paula Anderson, testified that Christopher had left their home with the toy in hand to go see his grandmother.

Testimony continues tomorrow at the Glynn County Courthouse in Room 1.

October 3, 2009

Judge Scarlett has decided this trial should go on throughout the weekend. Kudos to him. I am guessing part of the reason is that the jurors are sequestered and it is costing the county money to put them up in a hotel so the sooner this trial is over, the better. The state of Georgia does have a law that prevents jurors from deliberating on Sundays, however, they can hear testimony.

So far the jurors have listened to taped interviews between David Edenfield and detectives. At first Edenfield denies any involvement in Christopher’s death and places all the blame on his retarded son. Eventually he does confess to his part in the rape and murder of Christopher Barrios.

He claims his son, George Edenfield, 34, lured Christopher into their home. He discovered George and Christopher in his son’s bedroom and his son was stripping the boy. Instead of telling his son to stop as Christopher was begging him to stop, he joined his son in the assault. He said he held Christopher down with his hands behind his back while George assaulted the boy. According to news reports I have read, David Edenfield described the assault on Christopher using crude terms. When the assault was finished and after George, with his help, choked the life out of Christopher, Edenfield claims he and his wife became excited. Then all three pleasured themselves. Edenfield claims his wife, Peggy, then washed Christopher’s body and she and family friend Donald Dale placed his body inside several garbage bags and went and dumped his body where it was found a week later.

Jamie Downs, medical examiner for the Georgia Bureau of Investigation’s crime lab in Savanna testified as to Christopher’s injuries and cause and manner of death.

Downs explained that Christopher was killed by someone who choked off his supply of oxygen by crushing his windpipe, voice box and carotid artery.

“The most likely means this was done was neck compression, be it by an arm around from the sides in a sleeper choke hold, by a towel around the neck or by placing the palms of the hands on opposite sides of the neck and compressing inward,” Downs testified.

Downs said he found a human bite mark on Christopher’s back. There also were bruises and other trauma injuries to the boy’s throat, genitals and legs consistent with being raped and sodomized, he testified.

“The injuries were sustained while he was still alive,” Downs testified. Teresa Stepzinski, Defense to Begin Today in Georgia Child’s Slaying, Jacksonville.com, Last Accessed: October 3, 2009

All I can say is poor Christopher, how he suffered in his last two hours of life. He must have felt so all alone and so full of terror. The Edenfields deserve the death penalty as far as I am concerned. I wish the prosecution had not made a deal with Peggy Edenfield. It does not appear from the testimony I have read so far that they needed her to get a conviction. Hopefully she will not be truthful when she takes the stand voiding out her plea arrangement. She was called to the witness stand this morning.

The defense is supposed to begin their side of the case later today. It is unknown whether Edenfield will take the stand. The defense has indicated they will call three witnesses.

October 4, 2009: 3 p.m. PST

The trial concluded for the day with Peggy Edenfield still on the witness stand after having testified for nine hours.

She testified for the prosecution that she discovered her son George and her husband sodomizing Christopher in her son’s bedroom. She claimed this occurred after David Edenfield had stripped the child naked. After describing for the jurors in graphic detail the assault on Christopher and his murder, the defense proceeded with their cross-examination.

When the defense began the cross-examination Peggy Edenfield started to basically recant everything she had told the prosecution. At first she claimed she didn’t know Christopher was in the house. Then she claimed he was in the house with her son George without her knowledge or consent. Then she even claimed when she found Christopher in her house she grabbed him by the hand and walked him home. At that point in the testimony, Christopher’s grandmother, Sue Rodriguez, grabbed her chest and was led out of the courtroom. She returned in about twenty minutes. She told the media that she got a ‘sick pain’ in her chest listening to all of the lies Peggy Edenfield was telling while on the stand.

Edenfield finally admitted she allowed Christopher to be in the bedroom of her son, George, even though she knew as a registered sex offender he was not allowed to be around children. She also admitted she watched as first her son and then her husband proceeded to choke Christopher. She claimed she tried to remove first her husband’s hands from around Christopher’s throat and then George’s hands but she was unsuccessful. When the the defense asked her why she did not call authorities to try and save Christopher, she responded, “I didn’t do nothing … I didn’t know my neighbors that good…”

It is interesting to note that after Christopher lay dead inside her home, she was able to call a family friend, Donald Dale to ask him to come over and install some electronics for the family. With Christopher’s body inside several trash bags, Edenfield testified her husband David placed the boy’s body inside the trunk of the family car. She claimed that when Donald Dale arrived her husband asked him but ordered her to go with he and George to dispose of Christopher’s body. The four then drove to a location in the woods two miles from their home. Edenfield claims she stayed in the car while the men disposed of what she called ‘the little boy’. She doesn’t know if they buried Christopher then or not.

So, Peggy told some lies. Let’s begin with where and when Peggy claims to have seen Christopher in the home. After finally admitting knowing that Christopher was inside her son’s bedroom, she claims to have walked out of the bathroom and found her husband and son sodomizing Christopher after her husband stripped him. She has some explaining to do. The assault took two hours. I am going to take a guess that it took less than a minute to choke the life out of Christopher. She passed the room where the assault was taking place after leaving the bathroom. There is no way in hell I believe she did not hear screams coming from Christopher during the assault by two grown men. Does she really want that jury to believe she heard nothing and came across the tale end of the assault and murder? Maybe she will be able to explain what she was really doing during the assault based on this quote from the indictment:

George Edenfield and his 58-year-old father sodomized the boy and forced him to perform oral sex while Peggy Edenfield watched and masturbated. Molester, His Parents Charged in Christopher’s ‘Horrific’ Slaying, WJXT Jacksonville, Last Accessed: October 4, 2009

Maybe that is why Peggy was getting a little uncomfortable on the witness stand and was struggling for words during her testimony. Her behavior would be hard for her to explain to a courthouse full of people. Maybe she is feeling some shame for what she has done. Her husband did say in his confession to police that they were ‘excited’ after Christopher was dead and they continued to ‘pleasure themselves’. Only Peggy knows if she feels any shame for her part. I am guessing that whatever Peggy testifies to in this trial will be used in her trial. In short, her words could come back to bite her in her ass. That’s why she said her husband asked Donald Dale to help dispose of the body, but ordered her to do it. She wants the jury to perceive her as another of David Edenfield’s victims.

Donald Dale was indicted on charges of concealing a death and tampering with evidence. He plead guilty but mentally retarded to lying to police. He was sentenced to a state mental health facility outside of the county. Dale is expected to testify during this trial. Trial testimony resumes today at 1:30 p.m. I don’t think Peggy Edenfield is finished with her testimony.

October 4, 2009: 11:30 p.m. PST

Call me perplexed. The prosecution rested after playing the video interview with Peggy Edenfield where she explains in detail what David and George did to Christopher. She says in the video that Christopher was crying and telling them to stop. Peggy says she told them to stop too, by saying “Y’all stop”. Why someone would not do more to stop a sexual assault and murder of a child is perplexing enough. What the defense did or rather didn’t do is more perplexing. They rested their case without calling one witness, not one.

I guess the defense strategy will be to state in closing arguments that the evidence presented does not prove his client raped, murdered and dumped Christopher’s body like so much trash out in the woods. He will most likely remind the jurors that the medical examiner could not find any DNA evidence that connects David Edenfield to Christopher’s body. He will most likely mention Peggy Edenfield’s plea agreement one more time making a suggestion that she has a reason to help convict his client of Christopher’s murder. But there is that confession his client gave to authorities that was recorded and played for the jurors. I am sure the jurors will recall the sometimes vulgar terms he used in describing what he and George did to Christopher, they will recall he mentioned how excited all three Edenfields became after the assault and murder, so excited he said that he and his wife engaged in some sort of sexual activity. Disgusting. I don’t think this jury will take much time to come back with a verdict of guilty on all charges.

The Verdict

October 5, 2009: 2 p.m. PST

The jury deliberated for just two hours and returned a verdict of guilty on all nine charges against David Edenfield. Those charges included kidnapping; murder; enticing a child for indecent purposes;
false imprisonment; cruelty to children; aggravated child molestation; child molestation; concealing the death of another person; and tampering with evidence.

During Closing Arguments the defense attorney only argued two points – there was no proof to tie his client to the murder and Peggy Edenfield’s testimony against his client was riddled with inconsistencies. I am glad Edenfield has a crappy attorney. The penalty phase is underway.

Sentencing

October 6, 2009: 4:30 p.m. PST

During the sentencing phase of the trial, jurors heard Witness Impact Statements from Christopher’s father and grandmother.

Christopher’s father, Michael Barrios testified Monday evening, sobbing as he read his witness impact statement to the jury. He recalled how his smiling son would cheer him up on bad days, how Christopher would go to grandma’s house to watch TV and play computer games, and how they’d go to the beach together.

“I often look at his pictures and it hurts so bad that I won’t see this child grow up to be a man,” he said.

He told jurors he loved to take his son to Walmart to look at the latest toys. “I always tried to get him what he wanted,” said Barrios. “He was a good kid and deserved it.”

“My only joy is my kids and a chunk of it is gone,” said Christopher’s grandmother Sue Rodriguez. “I had to quit my job. It’s hard to do anything with all of this.” Gary Detman, Edenfield Jury Deliberating in Sentencing Phase, FirstCoastNews.com, Last Accessed: October 6, 2009

Today during closing arguments the prosecutor referred to David Edenfield as an ‘animal’. The defense immediately objected and moved for a mistrial. The request for a mistrial was denied, the prosecutor apologized to the jurors and Judge Scarlett told the jurors to disregard the remark.

The prosecution called one witness, forensic psychologist Phillip Barron, who examined David Edenfield at the request of the defense.

“There is nothing about his mental health picture in terms of intelligence or any kind of mental illness that would get in the way of being able to differentiate right from wrong,” he said. ((Ibid.))

The prosecution finally mentioned David Edenfield’s past conviction for incest for molesting his mentally retarded daughter back in the mid-1990’s and mentioned other instances of improper sexual activity within the family. He also mentioned that after Christopher had been murdered, David Edenfield masturbated over Christopher’s naked, lifeless body. Well, no wonder the prosecution referred to Edenfield as an animal. I can think of other words as well.

Defense co-counsel John Beall asked the jurors to show mercy on his client, that deciding on life instead of death is not forgiveness. No matter what sentence they ultimately choose his client will die in prison either from natural or unnatural causes. Beall also mentioned to the jury that if they choose death for his client, they will have to deal with that with the rest of their lives. He ended with “Homicide by execution is an awesome, awesome decision”.

Edenfield’s co-counsel Yancey told the jurors it just isn’t fair to sentence his client to death when the other co-defendants will not receive the same sentence. I said it before and I will say it now – Edenfield has crappy lawyers.

Some neighbors and co-workers were called to the stand to testify about Edenfield’s good and helpful nature. Some said he was a bit slow. A corrections officer testified that Edenfield had been a model prisoner, spent most of his time in solitary confinement and caused no trouble. In the end, Edenfield did nothing to save himself.

The jurors were sent to deliberate at 4:20 p.m Georgia time. Their choices are life with parole, life without parole, or death. What would you choose?

October 6, 2009: 9 p.m. PST

The jury spoke loud and clear. They voted unanimously that David Edenfield’s life should be taken just as he took away Christopher’s life. Jurors took a little over two hours to come to their verdict.

Appeals

October 28, 2010

The appeal filed requesting a new trial for David Edenfield was denied today. Edenfield’s attorney claimed that his client should have a new trial based on the fact that during the sentencing phase, the prosecutor referred to Edenfield as an “Animal”. The prosecutor immediately apologized for the characterization and the judge advised the jury to disregard the comment.

Judge Scarlett said in his ruling said “While this was an unfortunate statement made during the heat of argument, for which [Kelley] apologized, it is not a ground for a new trial … The denial of the defendant’s motion for a mistrial on this ground was not an error…” Teresa Stepzinski, Judge Denies New Trial for Edenfield in Barrios Slaying, The Florida Times-Union, Last Accessed: 10.29.10

Sources

GA vs Dale: Victim – Christopher Barrios, The End of the Story.

Mary Starr and Emily Stranger, ‘Indictment Planned in Slaying of Child,’ The Brunswick News, March 20, 2007.

Jeff Brumley, ‘Suspects Kept to Themselves, Except Son‘, The Times-Union, March 18, 2007.

Josh Rayburn and Emily Stranger, ‘Missing Child choked to death, court documents reveal,The Brunswick News, March 21, 2007.

Teresa Stepzinski, ‘Indictment Details Final Hours for Boy‘, The Times-Union, March 22, 2007.

Teresa Stepzinski, Racial Makeup of Grand Jury is Challenged, The Times-Union, August 29, 2008.

WTOC Staff, First Trial Date Set for Barrios Murder Case, WTOCTV.com, February 5, 2009.

Teresa Stepzinski, Edenfield Murder Trial Delayed Until State Can Pay for Expenses, The Florida Times-Union, March 15, 2009.

Two Rulings in Christopher Barrios Murder Trial, FirstCoastNews.com, Last Accessed: August 26, 2009.

Teresa Stepzinski, Testimony to Begin in David Edenfield Capital Murder Trial, Jacksonville.com, Last Accessed: September 29, 2009.

Ann Butler, First Day of Barrios Trial Wraps Up, FirstCoastNews.com, Last Accessed: September 30, 2009.

Dal Cannady, Prosecutors: Edenfield Details Child’s Death, WTOC.com, Last Accessed: October 3, 2009.

Teresa Stepzinski, Grandmother of Christopher Barrios Suffers Chest Pains as Peggy Edenfield Recounts Boy’s Strangling, Jacksonville.com, Last Accessed: October 4, 2009.

Closing Arguments Monday in Edenfield Trial, FirstCoastNews.com, Last Accessed: October 4, 2009.

Edenfield Guilty on All Counts, FirstCoastNews.com, Last Accessed: October 5, 2009.

Teresa Stepzinski, Jury Deliberating on Death Penalty in Edenfield Case, Jacksonville.com, Last Accessed: October 6, 2009.

Posted in Uncategorized | 12 Comments

KY v New – Victim: Cesar Aguilar-Cano

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Case Background

Cecil New, a previously convicted sex offender, is accused of the June 2007 kidnapping and murder of 4-year-old Cesar Aguilar-Cano. New was a neighbor of the Cano family.

Cesar’s body was found in a trash can a few days after he disappeared from his apartment building. New faces the death penalty if convicted.

Verdict & Sentence

October 14, 2010

There will be no trial. In a surprise move, New entered a plea of guilty to the murder charges against him. According to the article I read, the death penalty is still a possibility.

Update: 8:45 p.m.

More information has been released this afternoon regarding the reason for the entering of the plea of guilty to kidnapping, murder, tampering with evidence, and unlawful transaction with a minor (New provided Cesar with alcohol).

Earlier this month the defense requested a change of venue based on the extensive media coverage. He did not believe New could receive a fair trial. The judge denied that request.

On October 14, the defense asked the judge to please reconsider her decision regarding change of venue. The judge said her decision stood as ruled. It was at that point that the defense announced his client would be entering a plea of guilty to all charges. The judge accepted the guilty plea. Tomorrow, the judge will sign the plea into record. When that is done, all evidence will be unsealed.

The next court date is scheduled for October 25, when attorneys will decide on a sentencing date. The judge will be sentencing New. The prosecution is still seeking the death penalty; the defense says they will ask for no less that life in prison. Hopefully New will receive death.

Sources

Cecil New Pleads Guilty to Killing 4-Year-Old, WLKY.com, 10.14.10.

Cecil New Pleads Guilty in 4-Year-Old’s Murder, WAVE3.com, 10.14.10.

Posted in Uncategorized | Leave a comment

MI v Poole – Victim: Allison Newman

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Case Background

image of Carol Ann Pooleimage of Allison NewmanDuring the early morning hours of September 21, 2006 a 911 call was made from the Poole home requesting assistance because a child was non-responsive. When emergency personnel arrived they found Carol Poole there with an unresponsive toddler. Allison was transported to a local hospital and then air-lifted to another hospital due to the seriousness of her injuries.

Allison sustained a large skull fracture and her brain was beginning to swell. After her transfer to the other hospital it was determined Allison could not be saved; she was removed from life support on September 22, 2006.

Carol Poole was questioned by detectives about the events that led up to Allison’s injuries and the subsequent 911 call.

Carol Poole took detectives through a maze of stories regarding what happened to Allison. She told a total of three stories – none of them serious enough to cause the devastating injuries. Finally, with the fourth story, she revealed the most plausible story to match Allison’s devastating injuries.

Poole told police that she had been getting Newman ready for bed at 9 p.m. on Sept. 21. Her husband, Alan, was out of town. Newman was excited, and Poole picked her up and spun her around by the legs in an act Poole called “Whirlybird,” a nickname for a helicopter.

Poole told the detectives that she became dizzy from spinning around and stopped, at which point Allison also “lurched back,” came free from Poole’s grip and fell to the hardwood floor 12 feet below. Poole said she thought the child appeared responsive and put her to bed. ((Kevin Hill, “Foster mom faces trial for death of child,” The Journal Newspapers Online, December 14, 2006, (accessed January 06, 2008))

Poole explained shortly after 2 a.m. she was awakened by the infant’s crying and after tending to him she checked on Allison and found her non-responsive. However, the first person she called was not the paramedics, it was her neighbor and Allison’s former foster parent Kay Smith (some articles claim Smith is also a social worker). Below is a quote from Smith’s testimony at Carol Poole’s preliminary hearing.

…Poole left a message on Smith’s answering machine the night of Newman’s injury, before she called 911. The neighbor arrived before police and discovered a relatively calm Poole outside Newman’s bedroom door.

Newman was “bluer than I’d ever seen a child,” said Smith… ((Ibid.))

The medical examiner’s report determined Allison died from blunt force trauma to her head as well as bleeding on the surface of her brain. These injuries, according to the report, usually occur from being hit at the back of the head against a hard surface.

Carol Poole was bound over for trial on Monday, December 11, 2006 on charges of felony murder, involuntary manslaughter and first-degree child abuse in the death of Allison Newman. ((Ibid.))

Carol Poole faces life in prison if found guilty of the charges. Her trial is set to begin in January 2008.

Trial

Carol Poole’s murder trial began with jury selection in Wayne County Circuit Court on January 7, 2008. Fourteen jurors from a pool of 72 prospective jurors will be selected for the trial that is expected to last about one week. Most jurors have indicated that they recall hearing about Allison’s death. Defense attorney Mark Satawa was unsuccessful in his request to the judge to require each potential juror fill out a juror questionnaire. ((Doug Guthrie, “Jury Selection Starts in Foster Girl’s Death,” Detroit News.com, January 07, 2008.))

Jury selection was completed on Tuesday, January 8, 2008 and opening statements began.

Prosecutors allege Poole finally told the truth — that she became dizzy and lost her grip on the girl’s ankles during a spinning game she called “whirlybird” and Allison fell off a balcony to the first floor. The manslaughter charge comes because prosecutors allege Poole put her daughter to bed and didn’t seek help until hours after the mishap. ((“Jury Selected in Foster Care Death,” Detroit News.com, January 8, 2008.))

On Thursday January 10, 2008 the jury traveled to the Poole home to view the areas of the home Poole mentioned in her statements to investigators. The areas of interest are Allison’s bedroom, the two second-floor bathrooms and the second-floor balcony. The jury spent about 10 minutes in the Poole home.

Kay Smith, social worker, former foster mother to Allison, and friend to the Poole’s testified:

Carol Ann Poole left a phone message for her early Sept. 22 that something was wrong with Allison. Smith said she drove to the home after she couldn’t reach Poole by phone.

Smith testified that Poole appeared to her to be in shock because she seemed calm despite the toddler’s injuries.

“I guess if it had been my baby I would have been hysterical,” Smith said.

She said that prior to the girl’s death, she at times had noticed Allison had scratches and bruises on her, but thought them to be normal childhood injuries. ((Cecil Angel, “WAYNE COUNTY: Murder case jury goes on a tour,” Freep.com, January 11, 2008.))

January 14, 2008

Carol Poole’s husband, Alan Poole, testified that he never saw his wife abuse Allison. He said they had been unable to conceive a child and had hoped to adopt Allison. He also testified that he was out of town on the day Allison was injured. ((“Canton Twp.: No Abuse, Husband Testifies,” Detroit News.com, January 15, 2008.))

January 17, 2008

I find it really weird that there is so little coverage devoted to the Carol Poole trial. I am comparing the coverage of this trial to the coverage of the Lisa Holland and Charslie Adams-Rogers trials. Those trials were covered by The Detroit News, The Detroit Free Press as well as the Lansing State Journal. During the Lisa Holland trial the Lansing State Journal even had mid-day reports on the site.

What are the differences and similarities between the three women charged with the same crimes? Lisa Holland, Charlsie Adams-Rogers, and Carol Poole were all foster parents. Holland and Adams-Rogers had been foster parents for a longer period of time and each had adopted several children they had previously fostered. Carol Poole on the other hand was new to foster parenting with Allison coming into her home in February 2006 and an addition of an infant soon after. The Holland’s and Adams-Rogers were not wealthy. However, the Poole’s are considered to live in an ‘upscale neighborhood’.

I would like to think that the reason for the sparse reporting of the trial proceedings is simply because of the recent election activity in Michigan. I am not so sure that is the reason. People have left comments on my other blog stating they were having trouble finding any kind of information about the Carol Poole trial. I would hate to think that the reason for the sparse coverage is because of the Poole’s financial standing in the community.

January 18, 2008

There still is not much coverage of the Poole trial. Medical experts testified on Thursday regarding Allison’s injuries and are expected to testify next week as well. The Prosecution is getting ready to rest their case and then it will be the Defense’s turn. I hope there is more coverage of the case when the defense presents it’s case. ((“Slaying trial continues,” The Detroit News, January 18, 2008.))

January 22, 2008

I checked this evening to see if there was any coverage of the Carol Poole trial. I expected there was no coverage on Monday because of the Martin Luther King, Jr. Federal Holiday. However, I was surprised to see after checking 3 online Michigan newspapers – The Lansing State Journal, The Detroit News and The Detroit Free Press no coverage of today’s court proceedings. I really do not understand the lack of coverage of this case.

January 23, 2008

First, I want to make something clear. I do not live in Michigan, I live in California. I have followed Allison’s case since it was first reported in the Michigan newspapers. I don’t just blog about cases in Michigan. It was brought to my attention through a comment that I was missing another news source to consult and that it sounded as if I did not live in Southern Michigan.

I care about justice for Allison and for other foster children who are abused and murdered in foster care.

According to the Detroit News article written by Dough Guthrie this afternoon, Carol Poole’s attorney asked that all charges be dropped against his client. He claimed the prosecution has failed to prove his client intentionally caused Allison’s death or had previously abused Allison. Judge Boykin denied the request:

“With the evidence produced at this trial, the jury could conclude another version of what happened other than what happened according to Ms. Poole,” Boykin said. “They can decide whether they believe Ms. Poole’s fourth version” of falling from the balcony. ((Doug Guthrie, “Woman accused of killing foster daughter won’t have charges thrown out,” TheDetroitNews.com, January 23, 2008.))

The case is supposed to end today with closing arguments and may go to the jury.

January 24, 2008

The case went to the jury today with the jury deliberating for the entire day without a decision. The jury of 10 women and 2 men requested photos of the Poole home, her written statement to police and 3 technical questions. ((‘Jury in child’s death case to reconvene,’ TheDetroitNews.com, January 25, 2008.)) The technical questions asked of the judge were the following:

…define “knowingly” or “intentionally” and…whether child abuse applied to the child’s injury or to Poole not getting the child prompt medical attention… ((‘Wayne County: More deliberations in child’s death,’ TheDetroitFreePress.com, January 25, 2008.))

The jury will reconvene on Monday.

Verdict & Sentence

The jury ruled January 28, 2008 that Carol Ann Poole is guilty of second degree murder, involuntary manslaughter and first-degree child abuse surrounding the death of her foster child, Allison Newman. ((Cecil Angel, “Canton woman found guilty in foster child’s death,” The Detroit Free Press, January 28, 2008.))

Poole’s sentencing is scheduled for February 25, 2008. She faces life in prison.

The sentencing originally scheduled for February 25 has been rescheduled for Wednesday February 27 before Wayne County Circuit Judge Ulysses W. Boykin. The Detroit News article did not indicate a reason for the delay. ((‘Canton Township Murder Sentencing Delayed for Foster Mom,’ The Detroit News.com, February 25, 2008.))

I wondered how long it would take to see an article explaining perhaps why Carol Poole’s sentencing date was changed.

An article published on today’s Detroit News.com site mentions how Carol Poole wants the judge to give her a sentence that is less than the usual guidelines for second-degree murder.

Her attorney cites the following reasoning:

…The request cited her volunteer work, lack of a prior record and education… ((Doug Guthrie, “Killer seeks light sentence,” The Detroit news.com, February 26, 2008.))

Also, Carol Poole is concerned that people might compare her to recently convicted Michigan murderer Steven Grant. Grant strangled his wife, cut up her body and disposed of the pieces in the nearby woods. Grant had a jury trial for the murder charge – the prosecution was seeking a first-degree murder conviction and Grant pled guilty on the charge of abuse of a corpse.

I don’t understand what the Poole defense is thinking. Carol Poole, in my opinion, should have been found guilty of first-degree-murder. She was given a reprieve and now she wants to ask the judge to take into consideration what a wonderful human being she has been throughout her lifetime.

The judge in the Grant case explained why she gave Steven Grant the sentence of 50 – 80 years:

…Druzinski far exceeded the sentencing guidelines of 15 to 25 years Thursday when she ordered Grant to spend 50 to 80 years in prison for his conviction at trial of second-degree murder and earlier guilty plea to abuse of a corpse. The sentence means the 38-year-old Grant will be 88 before he has a chance at parole.

Druzinski said the impact of the murder on the Grants’ children is largely the reason she imposed the lengthy sentence, especially because Stephen Grant courted the media, fueling the intense attention the case received beginning Valentine’s Day 2007, when he reported his wife missing.

Grant’s deception — for three weeks he maintained Tara Grant left home in a huff after a fight and he even left repeated messages on her cell phone — also influenced the sentence, the judge said.

“He actually cried, begging Tara to come home, even though he’d already murdered her,” Druzinski said… ((Amber Hunt and Ben Schmitt, “Grant Pays for Kids’ Terror,” Free Press.com, February 22, 2008.))

In today’s Detroit News article written by Doug Guthrie, he does not beat around the bush. He calls Carol Poole in the title of that article exactly what she is – “‘Killer’ seeks light sentence”. Her attorney is getting paid the big bucks to keep Carol Poole in prison for the shortest amount of time possible. What is wrong with Carol having to serve her time within the sentencing guidelines? Why should she not have to serve the 15 – 25 years to life? Carol Poole’s attorney wants the judge to take into consideration that his client only told 4 lies about how Allison was injured and finally told the truth within 24 hours. On the other hand, as quoted above, Grant took weeks to come clean with police.

I don’t know, bottom-line, both are convicted murderers, both pretty much do not want to take responsibility for their crimes. Steven Grant joked with his sister while he was in jail awaiting trial. Carol wants to claim she is so grief-stricken she cannot possibly go on with her life according to her attorney. She considers herself not-guilty of murder because what she did was just a ‘terrible accident’. Both murderers robbed family and friends of their loved ones.

Carol Poole and Steven Grant are the same – selfish murderers. Of course this is just my opinion.

Carol Ann Poole was sentenced to twenty to thirty years after being found guilty of 2nd-degree murder. She was also sentenced to ten to fifteen years after being found guilty of child abuse. Although she was found guilty of involuntary manslaughter as well as 2nd-degree murder, the involuntary manslaughter conviction was vacated.

According to a Detroit News article the sentences Poole received are harsher than that of a life sentence. If she had been sentenced to life she would have been eligible for parole after 18 years.

Carol Poole never really got it. Before she was sentenced she still insisted in her statement to the court that Allison died because of the ‘game’ they were playing which caused Allison to fall over the balcony of their home. The only thing she really sees that she did wrong was to put Allison to bed instead of taking her to the hospital.

The other thing she does not get:

“My little girl Allison lost her life and for that, I will always hold myself accountable,” she said. ((Doug Guthrie, ‘Foster mother sentenced 20-35 years in prison for death of girl,’ The Detroit News, February 27, 2008.))

Carol Poole was the foster mother to Allison. At the time of Allison’s death Anne Hirsh still had her parental rights and Allison was still her little girl.

Of course this is not the end of the story. Carol Ann Poole will go through her appeals process, which is her right. I wonder if she is housed in the same correctional facility as Lisa Holland and Charlsie Adams-Rogers. Lisa Holland was convicted of first-degree murder last year for the torture murder of her 7-year-old adopted son, Ricky. Charlsie Adams-Rogers was convicted of involuntary manslaughter in the death of her 2-year-old foster son, Isaac Lethbridge. That would be both an ironic and fitting ending to this story.

Rest in peace Allison.

Appeals

September 23, 2010

It appears that Carole Poole has exhausted her appeals. The Michigan State Court of Appeals ruled in June of this year that Poole’s sentence of 20 to 35 years was appropriate for the crime committed against Allison. Poole’s attorney tried to get the court to reverse the decision; the request was denied.

Thanks to reader Robert Coleman for the update.

Sources

High Court Won’t Overturn Foster Mother’s Sentence, Detroit News, 02.16.2010.

Posted in Uncategorized | 9 Comments

CA vs Ellison, Phillip – Victim: Jamesha Terry

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Case Background

Phillip Ellison, stands accused of the 2008 rape and murder of his 14-year-old niece, Jamesha Terry. Jamesha was reported missing after she did not return from school. Her nude body was found weeks later hidden in a field near her uncle’s apartment complex in California City, California.

Ellison was not charged with Jamesha’s murder until about 1 year later. Prosecutors had originally decided to seek the death penalty if Ellison was convicted, but they later withdrew the death penalty option.

Ellison’s trial began last week with opening arguments; however, the judge on the case declared a mistrial on Monday, June 7, citing juror misconduct. The judge did not divulge what led to the issue of juror misconduct. A new jury will be selected later this week.

Pretrial Activity

June 18, 2010

According to court records, Phillip Ellison’s new trial date is set for August 2, 2010. The jury trial will be held at Kern County Court House, Metropolitan Division, 1415 Truxtun Avenue Bakersfield, CA 93301, Division 1 at 9 a.m.

Trial

August 30, 2010

With little press coverage in the Kern County area, Phillip Ellison’s second trial for the murder of his niece began on August 27 with Opening Statements. Ellison’s first trial earlier this year resulted in a mistrial due to juror misconduct.

I hunted the Internet for quite a while until I found the following blurb about the trial:

TRIAL BEGINS FOR CALIFORNIA CITY MAN
08-27-2010 The trial for a California City man charged with the attempted rape and murder of his 14 year old niece is finally underway. In Friday’s opening statements, prosecutors said Phillip Ellison buried Jamesha Terry’s body about 150 yards from his apartment in April of 2007. Police had long suspected Ellison of the crime, but it took a year to link him to the murder with DNA. ((Trial Begins for California City Man, KUZZ.com, Last Accessed: 08.30.10.))

September 8, 2010

Final Arguments were presented to the jury on Tuesday morning. The prosecutor, Melissa Allen, contends there is more than enough evidence to prove that Phillip Ellison sexually assaulted and murdered his niece in Marcy 2007. Among some of the evidence cited:

  • Ellison’s DNA on Jamesha Terry’s fingertips, indicative of Jamesha pushing her uncle away during the attack.
  • Jamesha’s body was found 150 yards from her uncle’s apartment, wrapped in a carpet similar to carpeting that was being removed from Ellison’s apartment building during a remodel.
  • The comforter from Ellison’s bed that was found in a dumpster along with some of Jamesha’s belongings. Present on the comforter was Ellison’s semen and Jamesha’s blood. Also present on the comforter were burn marks were around the blood stain.
  • Witnesses testified that Ellison had once before tried to have sex with Jamesha, but she refused his advances. He also was accused of touching another young female in a “lewd” manner.

Allen argues that hiding and attempting to destroy evidence is nothing but the actions of a guilty person.

Conversely, Ellison’s defense attorney, Dominic Eyherabide, argued that the prosecution has not proven their case against his client. He called the case against his client “…speculation and conjecture without any evidence to support it.” ((STEVE E. SWENSON, Californian staff writer, Evidence Debated in Murder of 14-Year-Old California City Girl, Bakersfield.com, Last Accessed: 09.08.10.))

Eyherabide claims the DNA evidence on the comforter cannot in and of itself prove guilt because Jamesha had been in Ellison’s apartment many times over the years. As for the blood, he believes that could have come from a cut. The pathologist cannot prove a cause or manner of death due to severe decomposition of the body. Another specialist testified Jamesha died at the hands of another and was most likely suffocated or strangled. That opinion is based on the fact that the color of Jamesha’s body from the neck up was discolored, indicating blood flow was stopped at the neck.

The jury began their deliberations Tuesday afternoon. They are not sequestered so they returned to the courthouse to continue deliberations today.

Verdict and Sentence

September 9, 2010

The jury in the Phillip Ellison attempted rape and murder trial returned a verdict today of guilty on all charges. Ellison was charged with First-degree murder and Attempted Rape by Force or Fear. I am going to guess that Ellison will be sentenced to life without the possibility of parole since the death penalty was taken off the table prior to the first trial.

September 13, 2010

According to the Superior Court of Kern County, California website, Phillip Ellison’s sentencing date is set for October 8, 2010.

Appeals

Sources

Juror Misconduct Prompts Mistrial in Murder, Rape Case, BakersfieldNow.com, Last Accessed: 06.08.10.

CA v. Ellison, Phillip, Case#BF122622A, Superior Court of Kern County Records, Last Accessed: 06.18.10.

Posted in Uncategorized | 4 Comments

GA v George Edenfield – Victim: Christopher Barrios

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Case Background

It is alleged that George Edenfield lured Christopher to the mobile home he shared with his parents, David and Peggy Edenfield. While in the process of both George and David Edenfield taking turns sodomizing the boy, it is alleged that someone choked him to death. Peggy Edenfield is being charged for her part in the sexual molestation of Christopher as well as his murder.



  1. The Disappearance
  2. The Search
  3. The Investigation
  4. George Edenfield’s History
  5. David Edenfield’s History
  6. Peggy Edenfield’s History
  7. Donald Dale’s History
  8. New Leads
  9. The Search Resumes
  10. More Arrests
  11. The Discovery of Christopher’s Body
  12. The Indictment

The Disappearance:

Christopher Barrios was reported missing by his father at approximately 8:15 p.m. on the night of March 8, 2007 from the Canal Mobile Home Park. Christopher had been last observed playing on a swing set by himself at approximately 6:15 p.m. in a neighbor’s yard. When he failed to come home by 8 p.m., and after his father searched the mobile home park, police were called.

The Search:

The search for Christopher began at 8:30 p.m. March 8, 2007.

An extensive search of the areas surrounding the mobile home park was conducted utilizing search dogs, searchers on ATVs , heat-sensing aircraft, and National Guard personnel.

The search was scaled back on Saturday night, March 10, 2007 because there were no new leads.

The Investigation:

During the course of the investigation into Christopher’s disappearance investigators interviewed registered sex offenders in the area including Christopher’s father and George Edenfield.

Christopher’s father also appeared on the Georgia State Sex Offender Registry. He has a conviction for Statutory Rape. However, it was determined early on that Christopher’s father was not a suspect in his son’s disappearance.

This would not be the case pertaining to the interview conducted with George Edenfield, the registered sex offender living across the street from the mobile home of Christopher’s grandmother, Sue Rodriguez. One day after Christopher’s disappearance, George Edenfield was taken into custody based on statements he made to investigators indicating that he had recent unsupervised contact with Christopher on March 8, 2007.

George Edenfield made comments to investigators indicating that he had murdered the child. However, he was reluctant to tell investigators where the body was located because he feared going to prison. ((Mary Starr and Emily Stranger, ‘Indictment Planned in Slaying of Child,’ The Brunswick News, March 20, 2007.))

George Edenfield’s History

George Edenfield had two prior convictions for child molestation dating from 1997.

George David Edenfield was required to register as a sex offender after he pleaded guilty in 1997 to molesting two boys, ages 7 and 9. Prosecutors said he rubbed his clothed body in a sexual manner against the boys, who also were fully dressed. He was sentenced then to 10 years on probation. ((‘Sun Sentinel.com‘))

He had recently moved into the mobile home park after having been ordered to move by the sheriff in September 2006 from a house on Union Street because it was determined that residence was in close proximity to a park where children congregated.

Because George Edenfield failed to move he was charged with a probation violation. He appeared in court on that charge on March 5, 2007, 3 days prior to Christopher’s disappearance.

Sheriffs’ deputies told George David Edenfield in September that he had to leave his home near downtown Brunswick because it was too close to a playground. Georgia law prohibits registered sex offenders from living within 1,000 feet of schools and other places that draw crowds of children.
His family went to live in the trailer park in October after George David Edenfield was arrested for failing to move as ordered. He pleaded guilty to the charge and was sentenced to probation March 5, three days before Christopher went missing. ((Ibid.))

David Edenfield’s History

David Edenfield, George’s father also has a history of being a sex offender. David Edenfield plead guilty to incest in 1994 for having a sexual relationship with an adult member of his family.

Superior Court records show that David Edenfield was arrested for committing incest against his daughter in 1993, and that he pleaded guilty to the charge and was sentenced to 10 years’ probation in 1994. ((Jeff Brumley, ‘Suspects Kept to Themselves, Except Son‘, The Times-Union, March 18, 2007.))

Peggy Edenfield’s History:

Peggy Edenfield is the wife of David Edenfield and the mother of George Edenfield and an unnamed adult daughter. According to reports she has no prior criminal history.

Donald Dale’s History:

Donald Dale has been a friend of George Edenfield’s for a few years. They both have an interest in playing video games. Donald Dale has no criminal history and his attorney claims Donald was duped into aiding the Edenfields’ in disposing of Christopher’s body. His attorney also claims that Donald did not quite understand the questions asked of him by investigators.

New Leads:

Investigators then went back to the mobile home of Peggy Edenfield and brought along with them a representative from the Gas Company. They asked if they could conduct a test to detect methane gas. Methane gas is a by-product of body decomposition. The test proved the presence of methane gas inside the mobile home.Later that day when another interview was conducted with Peggy Edenfield, she also made comments to investigators indicating not only her son’s involvement but also her involvement, her husband’s and a family friend’s involvement as well in the crime against Christopher.

Peggy Edenfield indicated the following during her interviews with investigators:

Peggy Edenfield told police March 12 that George Edenfield, her son, confessed to her that he had killed Christopher.

Peggy Edenfield witnessed her son and David Edenfield, George’s father and Peggy Edenfield’s husband, choke Christopher until he was dead. ((Josh Rayburn and Emily Stranger, ‘Missing Child choked to death, court documents reveal,The Brunswick News, March 21, 2007.))

In a follow-up interview (on March 12, 2007), with Glynn County police Sgt. Keith Stalvey, Peggy Edenfield admitted that George attempted to clean fingerprints off Christopher’s neck using a pot of water and soap and wrapping him in plastic trash bags.

That statement is consistent in three of the four search warrant applications. In the fourth this one to search the Edenfield home it is stated that Peggy Edenfield said she washed Christopher’s neck.

That same warrant includes Peggy Edenfield telling police that David Edenfield and George Edenfield used clothing to wipe semen off their bodies. No further information on this detail is included in any of the warrant applications. ((Ibid.))

The Search Resumes:

After investigators spoke with Peggy Edenfield investigators made an emergency entry of the Edenfield mobile home because Peggy Edenfield indicated to investigators that Christopher could be found alive inside of a closet at the mobile home. They were not able to find Christopher but they did find items of interest inside the mobile that did indicate Christopher had been there at some point. There was renewed interest and investigators asked once again that the heat-sensing aircraft be sent to the area of the mobile home park. A search warrant was obtained and the mobile home was officially searched.

George Edenfield was brought to the mobile home so he could show investigators where Christopher’s body had been placed but Mr. Edenfield was unable or unwilling to tell them where to find Christopher.

More Arrests:

Peggy Edenfield was placed under arrest on March 14, 2007 and charged with giving false statements, obstruction of an officer and concealing the death of another person.

David Edenfield, George Edenfield’s father and husband of Peggy Edenfield was arrested on March 15, 2007 on charges of giving false statements, obstruction of an officer and concealing the death of another person. That same day, family friend Donald Dale, was arrested and charged as well.

The suspects were escorted to various sites they claimed where Christopher’s body could be located over the ensuing days but none of those searches proved fruitful.

Discovery of Christopher’s Body:

On March 15, 2007, a searcher noticed tire tracks on a road located approximately 3 miles from the Canal Mobile Home Park. Those tire tracks led to a black trash bag covered with bugs, containing Christopher’s body.

The Indictments: ((Teresa Stepzinski, ‘Indictment Details Final Hours for Boy‘, The Times-Union, March 22, 2007.))

David, Peggy and George Edenfield:

  1. Malice murder – punishable by death, life without parole or life with eligibility for parole
  2. Kidnapping with bodily injury – punishable by death, or 25 years to life in prison
  3. Enticing a child for indecent purposes – punishable by 10 to 30 years in prison
  4. False imprisonment – punishable by 1 to 10 years in prison
  5. First-degree cruelty to children – punishable by 5 to 20 years in prison
  6. Child molestation – punishable by 5 to 20 years in prison
  7. Concealing the death of another person – punishable by 1 to 10 years in prison
  8. Tampering with evidence – punishable by 1 to 10 years in prison

George and David Edenfield Additional Indictments:

  1. Aggravated child molestation, two counts – punishable by 25 years to life on each count

Donald Dale Indictments:

  1. Concealing the death of another person – punishable by 1 to 10 years in prison.
  2. Tampering with evidence – punishable by 1 to 10 years in prison.

Pre-trial

Monday April 2, 2007

George, David and Peggy Edenfield appeared in Glynn County Superior Court today to once again hear the charges against them. They will be formally arraigned on April 13 at 2 p.m. They are all expected to enter pleas on the murder and molestation charges.

The prosecutor is seeking the death penalty against all three defendants. Because of a Georgia Supreme Court ruling there are a series of steps that need to be followed when the death penalty is being sought. This series required steps are expected to take about a year to complete. ((Mary Starr, ‘Developing story-One pleads not-guilty in case of 6-year-old‘, The Brunswick News, April 2, 2007.))

Friday April 13, 2007

George, David and Peggy Edenfield each entered pleas of not guilty today through their attorneys in separate appearances before Superior Court Judge Stephen G. Scarlett.

Judge Scarlett also addressed in the court the issue regarding his decision in March 2007 to not sentence George Edenfield to prison for his parole violation. George Edenfield appeared before Judge Scarlett just 3 days prior to the new charges. In those proceedings George Edenfield was charged with living too close to a park in violation of his parole. Judge Scarlett sentenced George Edenfield to an additional 10 years of probation instead of sending him to prison. Below is Judge Scarlett’s explanation for his ruling in that case:

“…[Edenfield’s] his prior sentence was appropriate considering George Edenfield faced his first probation violation in almost 10 years. He also said he felt for the loss suffered by Christopher’s family.

“But this court’s conduct will not be colored by that,” the judge said… ((accessnorthga.com))

August 4, 2010

On Monday, August 2, 2010, Judge Stephen Scarlett ruled that George Edenfield is incompetent to stand trial at this time due to a mental defect. The prosecution and the defense concurred with the judge as well as with the experts on this finding.

The judge sentenced Edenfield to a psychiatric facility for further testing and he has asked for another report on Edenfield’s prognosis, due in 90 days. In the worst case scenario, Edenfield could spend the rest of his life in the psychiatric facility waiting for the day when he becomes competent to stand trial. At this time, the experts say Edenfield cannot understand the gravity of the charges against him and is incapable of aiding in his own defense.

Although authorities agree that George Edenfield has a diminished mental capacity, they do believe he does understand the difference between right and wrong. This is evidenced by recordings of conversations made between he and his mother. He was able to explain to his mother bail process as well as understanding what his mother told him about how to lie about covering up Christopher’s murder.

Of course, Christopher’s grandmother is upset about this decision and she says there is nothing wrong with George Edenfield, which is understandable.

Other psychologists, for example, where George attended high school, evaluated him and diagnosed him as mentally retarded.

Trial


Verdict & Sentence


Appeals


Sources

Teresa Stepzinski, Judge Commits George Edenfield to Mental Hospital in Barrios Slaying, Jacksonville.com, Last Accessed: 08.04.10.

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IN v Castillo, Engelica – Victim: Jada Justice

[toc]

Case Background

Engelica Castillo is charged with the June 2009 murder of her 2-year-old niece, Jada Justice.

Prosecutors contend that Engelica and her then boyfriend, Timothy Tkachik, beat Jada about the head because she would not behave. Eventually Jada was shoved and hit her head on the edge of a table and did not wake up.

Instead of seeking medical treatment for the child, they placed her in the car seat and went out to purchase heroin. They brought the child back into the house a placed her in the basement for the night. The next day, according to police, Tkachik went to the store and purchased a rubber container and cement. He then came back to the house, mixed the cement, placed Jada inside the container, and covered her with the cement. When the cement hardened they both took Jada’s body to a remote location, removed the plastic container, (presumably to avoid leaving fingerprints), and tossed the body into a creek.

They came back to town and Engelica went to the gas station, went inside and then came out after a few minutes claiming Jada had been kidnapped out of the vehicle. An AMBER Alert was activated. Eventually the story told to police fell apart and the truth came out.

I really don’t understand why Jada was staying with her aunt. Some stories stated Jada was there specifically to be potty trained by the then 18-year-old Engelica Castillo.

Earlier this year Timothy Tkachik entered a plea of guilty to two counts of neglect of a dependent. In exchange for the plea, prosecutors dropped all other charges and Tkachik agreed to testify against Engelica in her murder trial. The death penalty is not being sought; however, prosecutors are seeking life without the possibility of parole.

Pre-trial

August 2, 2010

July selection began today. It is expected that at least 500 people will make up the jury pool.

August 4, 2010

The jury of 7 women and 5 men have been seated for the Jada Justice murder trial. The next step in the process is questioning a few more people to serve as alternates. After the alternates are selected the trial will begin with opening arguments.

Already, one juror has been dismissed after admitting to reading a story online about the case. Jurors were specifically instructed by the judge to avoid reading information about the case outside of the courtroom.

Trial

  • Presiding Judge:
  • Lake Superior Court Judge Thomas Stefaniak Jr.
  • Prosecution:
  • Trial Supervisor David Urbanski and Deputy Prosecutor Aleksandra Dimitrijevic
  • Defense:
  • Lemuel Stigler and John Maksimovich
  • Charges:
  • Murder, two counts of neglect of a dependent and false informing in the death of Jada Justice
  • Possible Sentence:
  • Life Without Parole or a specific number of years. The sentence is to be determined by the jury and the judge is expected to follow the recommendation of the jury.

Verdict


Sentencing


Appeals


Sources

Trisha, Well, I Left Her in the Car, Missing & Murdered Children, a blog, Last Accessed: 08.02.10.

Jury Seated as Castillo Murder Trial Set to Start, Post-trib.com. Last Accessed: 08.04.10.

Susan Brown, Jury Selection Stalls in Jada Case, NWI.com, Last Accessed: 08.04.10.

Posted in Uncategorized | Leave a comment

PA v Page – Victim: Nyia Page

[toc]

Case Background

image of Nyia Pageimage of William Lorenzo PageThis is going to be an interesting case to follow once it gets started. William Page is accused of sexually assaulting and then taking his 18-month-old daughter out into the freezing cold, leaving her there to die. He then called police and claimed Nyia was kidnapped from his home.

The twist to this case is during the investigation into Nyia’s disappearance it was determined that a 6-year-old male child living in the home had allegedly been sexually assaulted by William Page a few hours prior to Nyia’s reported disappearance.

The judge on the case has ruled at this point that both cases can be tried simultaneously. William Page faces the death penalty if convicted of the murder of his daughter.

Page’s trial was set to start May 5, 2008. However, on the morning of the trial date Page was granted a continuance until January 2009. His attorney claims he needs more time to work on his client’s defense.

Pre-Trial

May 27, 2009: Page to get two trials

William Page is charged with crimes against two separate children. He is charged with the murder and sexual assault of his daughter, Nyia. He is also charged with the sexual assault of a six-year-old boy who lived in his home. That alleged sexual assault is supposed to have taken place the day before Nyia’s murder.

Last year, Judge Cashman had ruled all charges would be heard during one trial. Now Judge Cashman has reversed his decision and there will be two trials – the Nyia Page trial will begin with jury selection on October 13. It is not clear when the trial for the sexual assault against the unnamed male child will be held.

The defense basically argued the charges against Page for the sexual assault and murder are bad enough without adding another sexual assault victim to the murder trial as it would surely prejudice the jury. The defense lost in it’s bid to have Page’s confession thrown out, so it will be presented at trial.

I had been under the impression that William Page had decided to have his case decided by a judge instead of a jury but that is not the case – he will have a jury trial for the Nyia Page murder. The prosecution dropped the charge of aggravated assault for kicking Nyia in the groin. He mentioned kicking Nyia in the groin during his confession. The charge was dropped because on autopsy there was no evidence found regarding the kick to the groin.

Continuance

William Page’s non-jury trial has been continued one more time. His new trial date, October 13, 2009, is set to be heard by Judge David R. Cashman in Courtroom 310 at 9 a.m.

October 10, 2009

I checked this evening to see if Willam Page’s murder trial was going to start as scheduled. I don’t know why I was surprised to see according to court documents that Page’s trial date has been pushed back to February 8, 2010. First Page asked for a non-jury trial and he was granted that request. After that there was a series of continuances resulting in a request for a jury trial. Now, with that trial date set to begin, along comes another continuance. I don’t know why the accused should have so many rights.

February 8, 2010

Jury selection is set to begin today in the freezing death of Nyia Page. The defense attorney, Richard Narvin, has asked the judge to remove the death penalty option because his client is autistic. He wants his client to be barred from execution for the same reasons that juveniles and the mentally retarded are exempt.

I couldn’t agree less with Mr. Narvin. I wonder just how much Page’s autism clouds his judgment and in this case it would come down to his ability to know right from wrong. I would suppose it would be up to the prosecution to prove that a reasonably thinking person would understand that placing a partially clad child outside in the snow could possibly result in death. Mr. Page knew what he did was wrong because when it was discovered that Nyia was not inside the warmth of the home, instead of telling his then pregnant wife what he had done, well, he just let it be assumed that someone had come into the home and snatched her away in the middle of the night.

Page has already told investigators that he put Nyia outside in the snow because she had torn off her diaper and would not go back to bed. He also told investigators he had considered throwing Nyia into a sewer, but instead, opted for the playground. There has also been mention in the media that Nyia had trauma to her genital area. Also mentioned is that while police were investigating Nyia’s disappearance, the little boy living in the home told them that Page had molested him that night. All of these actions on the part of Page do not, in my opinion, come close to someone suffering from autism. It just sounds like someone who is a common child molester and murderer and tried to hide his actions and now does not want to pay for his crime with the ultimate penalty. It is too bad Nyia did not have the chance to decide her fate. Although, it was evident from investigators that little Nyia tried to get back to her home and save her own life, her little footprints were seen in the snow near her body.

The judge is expected to rule on the defense request this week.

February 9, 2010

Jury selection expected to begin yesterday has been delayed until Friday due to inclement weather in the region.

February 14, 2010

A hearing was held last regarding William Page’s alleged autism and whether this diagnosis should exclude him from the death penalty.

The defense psychologist said he examined Page over a two day period and determined through that evaluation and examination of past medical records that he suffers from Autism. He said records indicated that as a child Page walked on his tiptoes, separated the food on his plate, frequently washed his hands and had no friends. What struck the psychologist was Page’s lack of emotion and affect; however, his opinion is that Page is not mentally disabled.

The judge is expected to rule on the death penalty issue on Tuesday. Jury selection is expected to begin February 22.

February 16, 2010

Judge Cashman ruled today that William Page is not autistic and therefore he is still eligible to face the death penalty if he is found guilty of murdering his toddler daughter. Cashman’s ruling, in part, stated:

Cashman said Page knows the difference between right and wrong, and noted only the defense psychologist diagnosed Page with autism, “despite the fact that numerous mental health professionals have examined him over the years, including the Allegheny County Behavior Clinic.”

“If one would consider for the sake of argument that Page had demonstrated that he suffered from (autism), that personality disorder does not raise to the level of mental illness nor mental retardation so as to preclude the death penalty” ((Bobby Kerlik, Braddock Father is not Autistic, Judge Rules, Pittsburgh Tribune-Review, Last Accessed: February 16, 2010.))

The only problem I have with Cashman’s ruling is him referring to autism as a personality disorder. Autism is a developmental brain disorder. It just shows that he does not understand what he is ruling on and that could leave another reason for appeal.

Trial

Commonwealth of Pennsylvania: Mark Vinson Tranquilli, Esq. District Attorney
Commonwealth of Pennsylvania: Jon Michael Pittman, Esq. District Attorney
Defense: Richard Narvin
Judge: David Cashman
Charges:

  1. Criminal Homicide
  2. Aggravated Assault
  3. Corruption Of Minors
  4. Kidnapping For Ransom
  5. Agg. Ind. Assault of Child
  6. Agg. Ind. Assault W/O Consent
  7. False Report – Falsely Incriminate Another

February 18, 2010

Jury selection begins today at the Alleghany County Courthouse. Jury selection is expected to take two weeks.

February 18, 2010: 4 p.m. PST

According to a news report WTAE, jury selection is proving to be a difficult task due to emotional nature of the charges as well as many people being familiar with the case.

I was sitting here thinking about this case this morning and I can’t believe William Page did not choose to try and get a plea deal to avoid the death penalty. It will be interesting to see what facts are presented during the trial because Page’s attorney believes his client will be exonerated.

“I’m looking forward to all the facts being presented to the jury, and after that’s done and the trial is completed, I’m confident that Mr. Page will be vindicated,” defense attorney Richard Narvin said. ((Emotions Run High in Jury Pool for Frozen Toddler Death Trial, WTAE, Last Accessed: February 18, 2010.))

Hmm, it will be interesting.

March 9, 2010

A jury has been seated for the Page trial. The jury consists of 5 women and 7 men. Opening statements being tomorrow.

March 19, 2010

Closing arguments were completed this afternoon and the case was handed to the jury. They have been in deliberations for a few hours. I was surprised to see the case went to the jury so quickly.

The state’s case seemed pretty strong, providing William Page’s recorded confession as the most compelling evidence. He provided details of his movements that night, down to what items he used to wipe the blood off of Nyia produced after he kicked her in the ‘private’ while wearing his boots. He claims he had trouble ‘applying pressure’ to the area to stop the bleeding, and at one point his ‘fingers went up inside of her’. He spoke of wrapping her in a blue blanket, taking her out into the cold and considering for a moment placing her into the sewer. He mentions her crying as he walked towards the playground where he placed her on the ground, ‘wrapping her real tight inside the blanket so she would have trouble getting out’. He stood there for ten minutes and left her there, crying. Page said he then went home and climbed into bed next to his wife and went to sleep. Of course he said he had been drinking that night. He said he had shoved Nyia after getting mad at her for repeatedly taking off her Pampers.

The prosecution claims the motive for William Page leaving Nyia in the snow to die is that he sexually assaulted her that night, a claim which elicited an angry outburst from Page while being questioned by the prosecutor.

Page took the witness stand in his own defense. His testimony was in stark contrast to his two taped confessions. He claimed on the stand that he went to bed that night and never woke up until the morning, unaware that his daughter was freezing to death in the snow.

The young child who shared the bedroom with Nyia also testified. His memory of that night is different from Page’s. The child testified that Page entered the bedroom and began molesting him. When he told him to stop, Page placed his hand over the child’s mouth. He finished molesting the boy and left the room with Nyia following him. The boy said he never saw Nyia again. Page’s attorney questioned the accuracy of the child’s recollection of events.

His attorney claims Page just told detectives what they wanted to hear after being under interrogation for hours. His confessions were made up.

I have said it before and I will say it again, Page would have been better off trying to get some sort of plea deal rather than standing trial and facing the death penalty if convicted. Don’t get me wrong, I hate plea deals. I am just mentioning this because Page’s defense appears to be so weak. There are no witnesses to him sleeping the night away.

According to news reports the jury has already come back into the courtroom and asked to hear testimony of a county homicide sergeant who was present during the first confession. On Monday the jury will listen to the second confession.

March 22, 2010

It did not take the jury very long to decide on a guilty verdict for William Page. A few hours into the second day of deliberations they found Page guilty of first-degree murder, kidnapping, indecent sexual assault and filing a false police report. Page had also been charged with sexual assault regarding the young boy who shared the bedroom with Nyia. The jury was unable to make a decision on that charge.

The same jury will begin listening to testimony tomorrow in the penalty phase of the trial to determine whether William Page deserves to be put to death or be sentenced to life in prison.

Sentence

March 25, 2010

After the jury heard some of the most heart-breaking testimony and witness impact statements I have ever heard they were unable to come to a unanimous agreement on the death penalty. They were stuck at 9-3 in favor of death so William Page received life in prison without the possibility of parole for leaving his daughter out in the snow, allowing her to freeze to death.

I don’t understand how the jury could not choose death for William Page. He confessed to the crime in detail. I don’t care if he claimed he didn’t remember that night. Carla Barlow’s testimony on Tuesday was heartbreaking:

  • “I loved her before she was even born…”
  • “I feel so cheated and robbed…”
  • “When Nyia was killed, I couldn’t believe she was gone…”
  • “She must have been so scared, her little heart pounding…”
  • “She must have been in so much pain…”
  • ((Jury Can’t Agree, So Father Avoids Death for Killing Toddler, WTAE Pittsburgh, Last Accessed: March 25, 2010.))

There has been lasting effects on Nyia’s mother. She gave birth to a son soon after Nyia’s murder – a son she created with William Page. After the birth of her son she could not care for him. He lives with his maternal grandmother. Nyia’s mother says she is afraid to love the new baby because she feels she failed to protect Nyia.

Of course William Page had nothing to say as he was led out of the courtroom. His attorney said they will appeal his conviction. Of course he will. According to the above quoted article William Page has been in protective custody since his arrest in 2007 after he was attacked by an inmate. In that attack Page lost three of his teeth. I am guessing he is going to be put in protective custody in the prison he is headed. It is too bad Nyia couldn’t have been afforded some sort of protection from William Page.

Formal Sentencing

June 21, 2010

After William Page expressed his lack of remorse in no uncertain terms, and “vowing to continue to mentally fight to prove his innocence” Judge Cashman sentenced Page to life in prison without parole plus an additional 40 years.

Here are some of the quotes from Page to Judge Cashman during his sentencing hearing:

“You can’t hurt me mentally. I’m too strong for you. You, a T. rex and a 900-pound gorilla can’t hurt me. A jury of 12 couldn’t kill me,” ((Amber Nicotra, Man Who Killed Tot Calls Judge ‘Idiot’ During Sentencing, WTAE, Last Accessed: 07.17.10.))

In response to Cashman telling Page he should have gotten the death penalty because he killed his own daughter, Page fired back, “Listen, idiot, I didn’t kill anyone.”

I am guessing it was that last comment that earned Page the additional 40 years. I hope that Page is no longer afforded the luxury of being housed in protective custody. He has already had his teeth knocked out by a fellow inmate while he was awaiting trial in county lockup. Of course, there have been cases where inmates in protective custody have been inexplicably beaten or murdered. Time will tell what happens to William Page while he “mentally fights” during his incarceration.

Sources

PA Amber Alert: Nyia Page, Missing & Murdered Children.

Comm. v. Page, William Lorenzo, Case Number: CP-02-CR-0002851-2007, Pennsylvania Court of Common Pleas, Last Accessed: October 10, 2009.

Daniel Malloy, Braddock Man Accused of Killing Daughter to be Tried Separately in Sex Assaults, Pittsburgh Post-Gazette, Last Accessed: May 27, 2009.

Bobby Kerlik, Braddock Man Faces Trial in Daughter’s Freezing Death, Pittsburgh Tribune-Review, Last Accessed: February 8, 2010.

Bobby Kerlik, Trial for Braddock Father Accused in Daughter’s Death Delayed, Pittsburgh Tribune-Review, Last Accessed: February 9, 2010.

Bobby Kerlik, Autism Diagnosis may take Death off Table for Braddock Man, Pittsburgh Tribune-Review, Last Accessed: February 14, 2010.

Autism, Wikipedia, Last Accessed: February 16, 2010.

Jury Selection Complete in Frozen Toddler Case, The Pittsburgh Channel.com, Last Accessed: March 9, 2010.

Jury Starts Deliberations, Has Questions in Frozen Toddler Trial, WTAE, Last Accessed: March 19, 2010.

Jury Reaches Guilty Verdict in William Page Trial, KDKA, Last Accessed: March 22, 2010.

Posted in Uncategorized | 4 Comments

VA v Gregg-Glover – Victim: Alexis Lexie Glover

Case Background

image of victim Alexis Gloverimage of accused Alfreedia Gregg-GloverAlfreedia Gregg-Glover, 44, of Manassas, Virginia is charged with the January 2009 murder of her adopted daughter Alexis ‘Lexie’ Glover, 13.

On the afternoon of January 7, 2009 Gregg-Glover called police to report that her daughter Alexis had run away from her at the Manassas Public Library. A massive search was launched of the area. Two days later Alexis’ body was found face-down in a creek approximately three miles from the library. Due to some inconsistencies in televised interviews that Gregg-Glover had with the media police began to focus on her as a person of interest. She was taken into custody soon after the discovery of Alexis’ body. A grand jury handed down a murder indictment in March 2009 charging Gregg-Glover with felony murder, first-degree murder, felony child abuse and filing a false police report. Prosecutors allege that Gregg-Glover dumped Alexis’ body in the creek while she was still alive and then made up the story about Alexis running away from her. The coroner ruled Alexis died from drowning and exposure to the elements.

Sentencing Latest Update: 02.14.10Sources

Pre-Trial 

Latest Pre-Trial Update

June 19, 2009

In March of this year a judge ordered that Alfreedia Gregg-Glover undergo psychological testing. The results of those tests determined that Gregg-Glover is competent to stand trial for the murder of her adopted daughter, Alexis, in January 2009. Gregg-Glover is charged with felony murder, first-degree murder, felony child abuse and filing a false police report. The judge set Gregg-Glover’s jury trial date for July 7, 2009. Her trial is expected to last two days.

The Virginia Department of Social Services and Prince William County Social Services launched an investigation into Alexis’ death. Apparently there were several calls to the department with concerns about Gregg-Glover abusing Alexis but she was never removed from the home. As a result of the investigation one senior social worker was fired and two social worker managers were suspended for five days without pay. John P. Ledden Jr., director of social services admitted that several errors were made regarding the handling of the Glover case including several employees not following proper procedures in response to the abuse and neglect reports.

Ledden indicated that changes are being implemented to improve the way cases are handled in the future. According to Ledden:

“We’re not interested in meeting standards, we want to exceed them,” Ledden said. ((Social Worker Fired in Aftermath of Lexie Glover Case, InsideNova.com, Last Accessed: June 19, 2009.))

July 7, 2009

The much-anticipated trial of Alfreedia Gregg-Glover was not to be – she entered a plea of guilty to felony murder, child abuse and filing a false report in connection with her adopted daughter’s murder.

During court proceedings Gregg-Glover’s account of events that led up to Lexie’s murder were finally revealed by the Prosecutor.

Prosecutors say Lexie woke Alfreedia Glover twice the morning of Jan. 7 saying she was sick. The first time, Glover told the girl to go back to sleep. The second time, she got up and took a shower, but couldn’t find Lexie afterward.
She eventually found the girl unconscious in the back yard, according to testimony. Prosecutors said she drove Lexie to Prince William Hospital, but didn’t go in.
Instead, she drove down the Prince William Parkway to the McCoart Administration Center, where she dumped her body in a freezing creek.
She then reported the girl missing. ((Gregg-Glover Guilty in Lexie’s Death, InsideNova.com, Last Accessed: July 7, 2009.))

Everyone’s life would have been much simpler, Lexie would still be alive, and Gregg-Glover would not be going to prison had she just taken Lexie into the hospital for treatment. Only Gregg-Glover really knows what led up to Lexie’s “not feeling well” that morning. Since Lexie’s murder it has been revealed there were numerous reports made to Social Services and to the Police about possible abuse of Lexie at the hands of Gregg-Glover. All of those warnings went unheeded and it ended with a little girl being dumped, still alive, in a creek in the dead of winter.

Prince William County Police released a statement after the plea was entered regarding steps they have taken to safeguard other children in the community. Police Chief Charlie T. Deane told the media that a three-month investigation of his department revealed deficiencies in how allegations of child abuse had been handled in the past. He said he has implemented immediate changes to how future investigations of child abuse are to be handled. Those changes involve training, communication, policy implementation, and inter agency cooperation. In addition to the changes three sworn employees of the department were reprimanded for failure to following departmental policies in relation to Lexie’s case.

In conclusion, it appears Chief Deane accepted full responsibility for the inaction of his department:

“Part of our responsibility is to safeguard children from harm, and it is deeply disturbing to me that we failed to do so in Lexie Glover’s case,” Deane said. “While there is only one person who caused her death, and that is her mother, Alfreedia Glover, I would be remiss in not stating that there are some things we could have, and should have, done differently in prior investigations with this family.” ((Ibid.))

Gregg-Glover is scheduled to be sentenced on October 2, 2009. She could face up to fifty-one years in prison.


Sentencing 

Prince William County Courthouse
9311 Lee Avenue Room 2
Manassas, VA 20110
Case Number: CR05073874-00

November 3, 2009

Alfreedia Gregg-Glover was to have been sentenced on October 30. However, her defense attorney asked for and was granted another mental health evaluation for his client. He claims his client is “too emotionally fragile” to face her fate. What is that all about! I am guessing most people being faced with the possibility of receiving a sentence behind bars of 51 years may be feeling a bit “emotionally fragile”. I am sure Lexie felt “emotionally fragile” when she was being constantly abused by Gregg-Glover. In my opinion, Gregg-Glover just needs to suck it up and take the punishment she deserves for what she did to Lexie.

Even Gregg-Glover’s family members told reporters they are surprised at the request. They have never known her to be fragile. Most likely she knew what was going to come out at the sentencing hearing and she does not want it made public what she did to Lexie. According to Paul Ebert, Prince William County’s attorney:

“We were prepared to present basically what happened, her background, the horror what happened to the victim and ask for a very harsh sentence”. ((Glover to Undergo Mental Evaluation Before Sentencing, WJLA.com, Last Accessed: November 3, 2009.))

There is no information available about when another sentencing hearing will happen. I am guessing the defense is hoping for a recommendation that Gregg-Glover serve at least part of her sentence in a state mental hospital. I am surprised the judge allowed a second mental health evaluation. The first one, conducted just a few months ago determined she was fit to stand trial. That would mean she could understand the charges against her, the possible outcome if found guilty, and she was able to aid her attorney in her defense.

January 12, 2010

Alfreedia Glover’s mental health evaluation was completed and the judge determined she will be sentenced to prison on February 12. According to the court-appointed psychiatrist, Glover does have some mental health issues; however, they are not serious enough to require hospitalization. It is his opinion she can receive treatment for her mental health issues in jail or prison.

I am happy to hear Glover will not be able to take the easy way out of taking responsibility for murdering Lexie.

February 14, 2010

I guess the judge took some sort of pity on Alfreedia Gregg-Glover because although he sentenced her to 51 years, 25 of those years are suspended. I suppose there is some good about the sentencing because I don’t believe she can appeal her sentence because she entered a plea of guilty to murdering Lexie. According to news accounts Gregg-Glover offered no apology for leaving her daughter to drown in the icy creek in January 2009. I wish the judge would have sentenced her as the prosecution requested – 51 years.

What do you think? Leave a comment.


Sources 

VA Endangered Missing Teen: Alexis Glover, Missing and Murdered Children, Last Accessed: June 19, 2009.

Amanda Stewart, Gregg-Glover Competent to Stand Trial, InsideNova.com, Last Accessed: June 19, 2009.

Kipp Hanley, Social Worker Fired in Aftermath of Lexie Glover Case, InsideNova.com, Last Accessed: June 19, 2009.

Social Worker Fired After VA. Girl’s Death, Star Exponent.com, Last Accessed: June 19, 2009.

Virginia Court Case Information

Amanda Stewart, Sentencing Date Set in Lexie Case, InsideNova.com, Last Accessed: January 12, 2010.

Erin Gibson, Virginia Mother Gets 26 Years in 13-Year-Old’s Death, WJLA.com, Last Accessed: February 14, 2010.

Posted in Uncategorized | 2 Comments

CO v Thompson – Victim: Aaroné Thompson

Case Background

image of accused, Aaron Thompsonimage of missing child, Aaroné ThompsonAaron Thompson is charged with over sixty counts of child abuse, some charges include child abuse resulting in death.

Thompson reported his 7-year-old daughter, Aaroné missing in 2005. He claimed at the time that Aaroné had an argument with he and his live-in girlfriend Shelley Lowe over wanting a cookie. According to Thompson, Aaroné stomped out of the house and they were unable to find her.

Police launched a search of the area but did not find the child. After discussing the disappearance with neighbors the police came to believe that Aaroné had not been in the home for at least eighteen months. Thompson did not have a current picture of his daughter. After investigating further it was found that Aaroné was not enrolled in school and the family did not have a bed for her.

Authorities obtained a court order to allow them to dig up the backyard of the residence, thinking perhaps Aaroné had been buried in the backyard. The search was fruitless.

Shelley Lowe and Aaron Thompson were raising seven children together at the time of the investigation. Eventually all of the children were placed in foster homes. They talked about what their lives were like in the home and indicated that Aaroné had also been a victim of severe abuse at the hands of Aaron Thompson. The children also substantiated the investigators’ theory that Aaroné was dead.

Thompson and Lowe lost permanent custody of all seven children. They appealed the decision and lost the appeal.

A grand jury convened and handed up the sixty count indictment. Shelley Lowe was indicted as well; however, she died from a heart attack.

SentencingAppeals 12.30.09Sources


Trial 

Latest Update

August 3, 2009

The trial begins today with jury selection at 8:45 a.m. The jury selection process is expected to last one week.

Opening statements are expected to begin on August 7.

August 6, 2009

The jury has been seated. Opening arguments are set to begin tomorrow morning. (Friday, August 7). If convicted on all charges Thompson faces up to 54 years in prison. Aaroné’s body has never been found. Most of the allegations have to do with Aaroné being beaten, malnourished and not being provided with medical treatment.

August 10, 2009: 2 p.m. PST

Police and prosecutors have always said that Aaroné Thompson was dead and had been dead for years when Aaron Thompson made that call to police in November 2005 to report his daughter’s missing status. Thompson and his then girlfriend, Shelley Lowe, always stood by their story that Aaroné had run away over not being able to have a cookie. Surprisingly enough, the defense now agrees with the prosecutors and said in open court that yes, Aaroné is indeed dead. They also agree the girl was murdered. They are laying the blame on a dead woman – Shelley Lowe. Yes, they are claiming that Shelley Lowe murdered Aaroné and the only thing Aaron Thompson is guilty of is helping to hide the crime.

I don’t think this is the best defense strategy, blaming the girl’s death on a dead woman. There is still no word about how Aaroné died or where they put her body.

Even if Thompson manages to avoid the murder charge, he still faces numerous counts of abuse:

…vicious beatings Thompson is accused of meting out to Aarone and the other seven children under his and Lowe’s care at Thompson’s home on Kepner Place in Aurora, said Deputy District Attorney Robert Chappell.
“This case is about the life that these children experienced at the time the defendant lived on Kepner Place,” Chappell said. ((Brandon Johannson, Aaron Thompson’s Defense Points Finger at Shelley Lowe, Aurora Sentinel, Last Accessed: August 10, 2009.))

I have always wondered why it was so important for Thompson to report Aaroné’s disappearance when he did. Aaroné was supposedly murdered in 2003. Why report her disappearance in November 2005? I think the reason was Thompson’s mother. Thompson’s mother was planning a visit to their home to celebrate Aaroné’s birthday. The little girl was supposed to turn 7 on November 30. I think Thompson had to figure out a way to explain to his mother why her granddaughter was not there. The only way to explain Aaroné’s absence was to report her disappearance.

September 16, 2009

I have been following the trial and I have to say what those children had to testify about in open court was absolutely heartbreaking. I don’t know how, in this country, children can still be subjected to the type of torture abuse and no one knows about it. If someone knew about the abuse they sure didn’t step up and try and help the kids.

The kids have damaged psyches and it will take years of therapy to undue the damage that has been done, if it can be undone. One thing I can say is the kids are brave to go into court and testify against their abuser. They certainly can’t have a lot of trust or faith in the system. I am sure they are wondering what will happen to them if Aaron is not convicted or does not get life in prison.

Testimony from the children included descriptions of beatings with three strands of coaxial cable that had been braided together. One of the children had scars on his back and the back of his legs. When asked where those scars came from he told the prosecutor it was from the metal part of the coaxial cable – it had cut into his flesh.

Another child testified being tied naked to a pole in the basement. Either Shely Lowe or Aaron Thompson or both of them would take turns beating the unfortunate child of the day. When they would get tired from the physical exertion they would tell one of the other children watching the beating to go get them something to drink.

The children received beatings for various infractions such as eating a name-brand food out of the pantry. Only Aaron and Sheley were allowed the luxury of name-brand foods. The children were only allowed to eat generic foods. Aaroné received her beatings for wetting herself or her bed. Other punishments for Aaroné included being locked inside a small closet. Another child received that same punishment. There was another child in the family who had a medical condition in which he was unable to control his bowels. As punishment for dirtying his pants Aaron held him over the toilet bowl by his ankles telling him “The poop goes here.”

The kids also testified they pretended to be Aaroné when family members phoned. According to the children Aaroné had been gone from the home for quite a few years. One girl testified that Aaron was beating his daughter one morning because she had wet her bed. He disappeared into another room with her. The girl went to school and when she returned home Aaroné was gone. Sheley and Aaron explained to the children she had gone to live with relatives in Detroit.

One male child testified that Aaron had nearly murdered Aaroné by beating her; he then gave a knife to the boy and told him to finish the job. The child claims he plunged the knife into Aaroné’s chest. He was then instructed to lay on top of her a get her blood on his shirt. Sheley and Aaron then took his shirt and disposed of Aaroné’s body.

There are descrepancies in the testimony of what was seen done to Aaroné. Her DNA does not appear on the various weapons mentioned for punishment. The belt, hairbrush, baseball bat and coaxial cable. If these children witnessed such severe abuse and were also victims of abuse most likely they are confused.

The prosecutor put on an excellent case, in my opinion, and then he nearly threw it into the toilet. Around the end of August they found another automobile that belonged to Aaron Thompson. It was in an impound yard. They should have immediately notified the defense. Instead they kept their mouth shut and went about the business of testing the vehicle for DNA evidence. When they found no DNA, they notified the defense of the find. By that time the defense had rested it’s case and closing arguments were set to begin. At that point, the defense could have filed a motion for a mistrial and the judge would more than likely have granted the motion. She chewed the prosecutor out in open court and wondered aloud why the defense was not asking for a mistrial and sanctions. The defense decided it was best for his client to go ahead with the current trial.

The defense did ask that all charges be dropped against their client because of the error on the part of the prosecution. The judge refused the request because there was no evidence found in the car. She also refused to drop the two most serious charges – child abuse resulting in death and conspiracy to commit child abuse.

Aaron Thompson refused to take the stand in his own defense, which is his right. I don’t know if it would have made a difference or not. Sometimes a jury wants to hear from the defendant and sometimes it just makes them angry to hear a feeble defense. His defense was that Sheley Lowe did the beating of the children or instructed him to do it, he had no say in the matter.

Sheley Lowe’s best friend wore a wire for the police. She was recorded not admitting she murdered Aaroné, but she did admit the child had died and that she and Aaron had taken the girl’s body to a field and buried her. She even mentioned that they were stopped that night by a police officer while on their way to dispose of Aaroné’s body. The prosecution was able to verify that Aaron Thompson had in fact been pulled over on the night in question. Thompson’s attorney claims the only thing he is guilty of is filing a false report with police. I hope the jury sees things differently.

Even if Thompson is found guilty of all 57 abuse charges against him the question still remains, “Where is Aaroné?” The case will go to the jury later today. I am hoping for a quick verdict of GUILTY on ALL charges.

I will leave you with this thought from Denver Post columnist Bill Johnson:

The last slide Richards presented to the jury was of five photographs showing all that can be found of Aaroné Thompson, including old clothing and a slide of some DNA that investigators retrieved from the bottom of a door to a closet where the little girl was forced to stay for days when she misbehaved.
Where is the little girl?
To date, quite sadly, that is all there is. ((Bill Johnson, Johnson: Prosecutor Defends Girl Ignored by Others, Denver Post, Last Accessed: September 16, 2009.))

September 19, 2009

The jury was sent home for the weekend on Friday afternoon without reaching a verdict. They will resume deliberations on Monday morning.

September 28, 2009: 11:50 a.m. PST

It appears we may be approaching announcement of a verdict. The jurors were in court this morning. They informed the judge they had decided on 51 of the 55 charges against Thompson. The judge ordered them to return to deliberations on the remaining 4 charges.

September 28, 2009: 11:30 p.m. PST

image of Aaron Thompson and his attorney while verdicts are being readThe looks on the faces of Aaron and his attorney says it all. The jury pronounced Aaron Thompson guilty on 31 of the 55 counts they were considering, including the most serious charge – child abuse of a child resulting in death as it pertained to Aaroné’s death. The look of surprise on the face of the attorney indicates that he thought perhaps his client would walk out of the courtroom a free man today or at least just be found guilty of a few charges of child abuse. Here is the breakdown of the verdicts as reported on the Denver Post website:


  1. Child abuse – death, knowingly, related to the presumed death of Aaroné Thompson
  2. guilty
  3. Conspiracy to commit, with Shelley Lowe, child abuse — death, knowingly, related to the presumed death of Aaroné Thompson
  4. guilty
  5. Accessory to child abuse by Shelley Lowe, resulting in the presumed death of Aaroné Thompson
  6. guilty
  7. False reporting
  8. guilty
  9. Conspiracy to commit false reporting, related to the story about Aaroné Thompson running away because she was not given more cookies
  10. guilty
  11. Concealing death the death of Aaroné Thompson
  12. guilty
  13. Conspiracy, with Shelley Lowe, to conceal the death of Aaroné Thompson
  14. guilty
  15. Abuse of a corpse related to the disposal of the body of Aaroné Thompson
  16. mistrial
  17. Conspiracy to commit abuse of a corpse
  18. mistrial
  19. Contributing to the delinquency of a minor, related to coaching a child what to say to police
  20. guilty
  21. Contributing to delinquency of a minor
  22. guilty
  23. Contributing to delinquency of a minor
  24. guilty
  25. Contributing to delinquency of a minor
  26. guilty
  27. Contributing to delinquency of a minor
  28. guilty
  29. Contributing to delinquency of a minor
  30. guilty
  31. Contributing to delinquency of a minor
  32. guilty
  33. Conspiracy, with Shelley Lowe, to contribute to the delinquency of seven juveniles, related to coaching other children in the home to lie to police about Aaroné’s whereabouts
  34. guilty
  35. Child abuse — injury, knowingly, juvenile
  36. guilty
  37. Child abuse — injury, knowingly, juvenile
  38. guilty
  39. Child abuse — injury, knowingly, juvenile
  40. guilty
  41. Child abuse — injury, knowingly, juvenile
  42. guilty
  43. Child abuse — injury, knowingly, juvenile
  44. guilty
  45. Child abuse — injury, knowingly, juvenile
  46. guilty
  47. Child abuse — injury, knowingly, related to allegations that Aaron Thompson struck a juvenile in the face with a magazine
  48. not guilty
  49. Child abuse — injury, knowingly, related to an incident in which Aaroné Thompson was beaten after urinating in a closet
  50. guilty
  51. Child abuse — injury, knowingly, related to a juvenile being beaten by Shelley Lowe
  52. not guilty
  53. Second-degree assault — injury, related to the allegation that a juvenile was beaten by Aaron Thompson and Shelley Lowe
  54. not guilty
  55. Child abuse — injury, knowingly, juvenile
  56. not guilty
  57. Second-degree assault — injury, related to the allegation that a juvenile was beaten by Aaron Thompson and Shelley Lowe
  58. not guilty
  59. Child abuse — injury, reckless, related to the allegation that a juvenile was beaten by Aaron Thompson and Shelley Lowe
  60. not guilty
  61. Second-degree assault — injury, related to the beating of a juvenile
  62. guilty
  63. Child abuse — injury, reckless, related to the beating of a juvenile
  64. guilty
  65. Second-degree assault — injury, related to the alleged beating of a juvenile
  66. not guilty
  67. Child abuse — injury, reckless, related to the alleged beating of a juvenile
  68. not guilty
  69. Second-degree assault — injury, related to the alleged beating of a juvenile
  70. not guilty
  71. Child abuse — injury, reckless, related to the alleged beating of a juvenile
  72. not guilty
  73. Second-degree assault — injury, related to the alleged beating of a juvenile
  74. not guilty
  75. Child abuse — injury, reckless, related to the alleged beating of a juvenile
  76. not guilty
  77. Second-degree assault — injury, related to the alleged beating of a juvenile
  78. not guilty
  79. Child abuse — injury, reckless, related to the beating of a juvenile
  80. guilty
  81. Second-degree assault — injury, related to the alleged beating of a juvenile
  82. not guilty
  83. Child abuse — injury, reckless, related to the alleged beating of a juvenile
  84. not guilty
  85. Second-degree assault — injury, related to the alleged beating of a juvenile
  86. not guilty
  87. Child abuse — injury, reckless, related to the beating of a juvenile
  88. guilty
  89. Conspiracy to commit, with Shelley Lowe, child abuse resulting in the injury of a juvenile, juvenile
  90. guilty
  91. Conspiracy to commit, with Shelley Lowe, second-degree assault resulting in the injury of two juveniles
  92. guilty
  93. Assault — deadly weapon, using a baseball bat to punish a boy for running away from home
  94. guilty
  95. Assault — deadly weapon, using a baseball bat to punish a boy for breaking a vase
  96. not guilty
  97. Assault — deadly weapon, using a baseball bat to punish a boy for eating some of Shelley Lowe’s cereal
  98. guilty
  99. Assault — deadly weapon, allegedly using a baseball bat to strike the feet and ankles of a boy, leaving him unable to walk for a period of time
  100. not guilty
  101. Assault — deadly weapon, allegedly using a baseball bat to beat a juvenile
  102. not guilty
  103. Assault — deadly weapon, allegedly using a baseball bat to beat a juvenile
  104. not guilty
  105. Assault — deadly weapon, allegedly using a baseball bat to beat a juvenile
  106. not guilty
  107. Attempt second-degree assault with a deadly weapon, allegedly threatening a juvenile with a baseball bat
  108. not guilty
  109. Conspiracy to commit, with Shelley Lowe, second-degree assault, for using a baseball bat to injure two boys
  110. guilty

((Thompson Charges, Verdicts, The Denver Post, Last Accessed: September 28, 2009.))

I wonder what kind of a sentence the judge will hand out to Thompson. She could sentence Thompson to as much as 80 years behind bars. Some of the jurors asked the judge if they can be in the courtroom when she sentences Thompson on November 10. I don’t recall if the judge responded to the inquiry or not. If I were the judge on this case I would be tempted to sentence Thompson to the full 80 years just for the dirty look he gave to the jurors today.


Sentencing 

November 10, 2009

Before telling Aaron Thompson how many years he will spend in prison, Judge Valeria Spencer told him he ‘failed as a father and failed as a man’. The then sentenced him to 102 years in prison and 12 years in jail, basically a life sentence. Aarone´’s mother, Lynette Thompson, told the judge Aaron should be telling where he put Aarone´’s body. Not surprisingly, Aaron’s mother told the judge her son ‘loves his children and is a hard worker’. Excuse me, a man who loves his children does not beat them to death. As for his working, I think it was more like hardly working rather than being a hard worker.

Thompson was asked by many different people during court proceedings to reveal where Aarone´’s remains are located so she can have a proper and dignified burial. Each request was met with an unemotional response of “no” from Thompson. I am guessing that if Aaron tells where her body is located that might be an opening for charging him with murder. At the least it would not bode well for the appeals his attorney is going to file regarding his conviction and sentence.

At least the judge sentenced Thompson to many more years than the maximum 80 years. I hope he suffers in prison until the day they carry him out in a box. The only real end to this story will be when Aarone´’s body is found and she receives a proper burial.


Appeals 

December 30, 2009

This really should come as no surprise but Aaron Thompson has begun the appeals process. His attorney’s filed the appeals on the basis of his conviction and his sentence.

Bob Chappell, senior prosecutor with the Arapahoe County District Attorney’s Office made the following comment regarding the appeal:

“I’m not surprised. They appeal everything,”…. “I don’t think there’s a reversible error in this record. Judge Spencer made complete and careful rulings. We’ll just have to wait and see.”… ((Tyler Lopez, Aarone’s Father Appeals, KMGH Denver, Last Accessed: December 30, 2009.))

I don’t know, maybe as a part of his appeal those judges can get him to say where he threw Aaroné away.


Sources 

Arapahoe County Cases of Interest: The People of the State of Colorado vs. Aaron Thompson, Last Accessed: August 3, 2009.

Dan Boniface, Trial to Open Friday for Father of Missing Girl, 9News.com, Last Accessed: August 6, 2009.

Aaron Thompson Trial Coverage, The Denver Channel, Last Accessed: September 16, 2009.

Carlos Ilescas, Thompson Jury Done with 51 of 55 Charges, The Denver Post, Last Accessed: September 28, 2009.

Associated Press, Colorado Man Sentenced to 106 Years in Girl’s Disappearance, Vail Daily, Last Accessed: November 10, 2009.

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AL vs Kevin Towles – Victim: Geontae Glass

Case Background

image of accusedimage of victimKevin Andre Towles is accused of beating his girlfriend’s 5-year-old son to death in December 2006.

Geontae Glass was the son of Shalinda Glass, also faces charges related to her son’s beating death. Shalinda Glass drove to a gas station and went inside. She then came outside and told people her son had been sleeping in the backseat of the car and the car had been stolen. An AMBER Alert was issued for the child. Police located the vehicle with Geontae’s body still seatbelted in the backseat. The vehicle was located on property owned by Towles. Shalinda Glass told police that Towles had beaten her son to death because he brought home a bad report card.

Towles was supposed to stand trial earlier this year. However, the judge declared a mistrial while jurors were in the process of filling out the questionaires. I am not sure why the judge declared the mistrial. If convicted Towles faces the death penalty. The trial begins on October 5, 2009 with jury selection

SentenceView Sources

Trial 

October 5, 2009

The trial begins today with jury selection.

October 10, 2009

So far the jury has heard that Towles allegedly beat Geontae to death the day he came home with a ‘bad’ report card. The most powerful testimony came from Geontae’s now 10-year-old sister. She testified the last time she saw her brother Geontae walking and talking was on December 3, 200t6when Kevin Towles took him out behind their house. When Kevin returned, she said he was carrying Geontae and he was limp. She said Towles just walked around after that as if everything was normal. During her testimony it was reported that Towles began crying. On another day of testimony, the pathologist said that if Geontae had received medical attention he would have survived his injuries.

October 16, 2009

The jury found Kevin Towles guilty of the murder of 5-year-old Geontae Glass. The jury deliberated for about two hours on Friday to determine whether Towles should spend the remainder of his life in prison or be put to death. The jury recommended he be put to death in a vote of 11 – 1. The judge will sentence Towles on December 15. He can keep with the jury’s suggestion or choose another punishment for Towles.

After reading the reported testimony of Dr. Emily Ward, a forensic scientist from the Huntsville office of the Alabama Department of Forensic Sciences, regarding the severity of Geontae’s wounds observed during her examination I am not surprised the jurors voted for death.

Ward told jurors that Towles beat the five-year-old so badly that the damage went straight to his spinal cord, paralyzing him from the waist down. She says the injuries indicate Towles used no restraint in beating Geontae with a wooden stick. ((Carson Clark, Jury Recommends Death Penalty for Kevin Towles, WHNT.com, Last Accessed: October 16, 2009.))

Not that I have any sympathy whatsoever for Kevin Towles, but it always surprises me when I hear how a defense attorney attempts to keep their client from the gallows. Aside from the usual family members who took the stand and asked the jurors and the court to show mercy on their son, brother, etc., the best Towles’s attorney could do was call a psychiatrist to the stand. Of course he opined that Kevin Towles is not a cold-blooded killer and should not be put to death. He, at one point suggested that perhaps Geontae provoked Towles into attacking him. He also had to admit on cross-examination that Towles has shown no remorse for the killing. Well, I would imagine if the testimony from the forensic scientist didn’t sway all of the jurors, certainly the psychiatrist’s suggestion that the 5-year-old victim was in some way at fault swayed the rest of them to the death side of the fence. This is one of those times when a defense attorney probably wished he could object to his own witness’ testimony.


Sentence 

December 18, 2009

Kevin Towles was formally sentenced to death by lethal injection on Friday December 15, 2009. The sentence was pronounced by Etowah County Circuit Judge Allen Millican who said “all mitigating circumstances had been taken into consideration for the sentence”. There was no comment in the media about Towles’ reaction to the sentence.


Sources 

Car Left Running Stolen with Child Inside, WSMV.com, Last Accessed: October 5, 2009.

Jury Selection Monday in Geontae Glass Case, WAAYTV.com, Last Accessed: October 5, 2009.

WAAYTV.com, Various video updates of the trial, Last Accessed: October 10, 2009.

Kevin Towles Jury Recommends Death, WAAYTV.com, Last Accessed: October 16, 2009.

Katherine Poythress, Towles Sentenced to Death in Geontae Glass Case, The Gadsentimes.com, Last Accessed: December 18, 2009.

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