FAYETTEVILLE, Tenn. (WHNT) – Read our blog for updates on the trial of Zakkawanda Moss. He was convicted Friday, November 22 of six counts of first-degree murder in Lincoln County.
The live blog will begin shortly. Court is on break for lunch right now, but WHNT News 19’s David Wood will post updates here once testimony resumes. Read details of what happened this morning during opening arguments and the first witnesses: http://on.whnt.com/1fyJM7U
Retired Lincoln County Jail Administrator Robert Rowe first to take witness stand after lunch break.
Rowe was working the day Vickie, the mother of Jessica Brown, called and said she saw her daughter’s house on television news reports.
Rowe: “The house was in disarray.”
Rowe visibly emotional as he recalls watching Brown’s 7-week-old child being removed from the house.
Next witness: Deputy Mike Clayborne
Correction: *Investigator Mike Clayborn
Investigator Clayborn performed scene containment and traffic control at the Huntsville Highway house.
Clayborn says Jessica Brown’s baby was found behind a door in the bathroom floor of her home.
After investigating at Huntsville Highway house and Fox Wood Drive Clayborn says he was involved in search on Joe Quick Road in Madison County for guns or cell phones.
Next witness on stand: Kelly McNabb, Huntsville Utilities Line Clearance Coordinator who discovered Warren Crutcher’s body in Madison County.
McNabb says he noticed a wallet, then $5 bills fanned out, and then Crutcher’s body. “It looked violent.”
Next on stand: Deputy David Stamm.
Stamm responded to B. H. Reaves Road and scene where Warren Crutcher’s body was found on the “country, farm road.”
Next on stand Patricia Strickland, mother of Amber McCaulley of New Market.
Strickland says she was very close with her daughter Amber, who was a nursing student at Virginia College.
2nd victim Chabreya Campbell’s mother Shanae Sales called to stand.
Chabreya Campbell was a DIRECTV call center operator.
(David is preparing his 5 & 6pm reports. Our blog will continue tomorrow/Tuesday.)
Day 2 is getting started. I’ll be live blogging for you today. Reporter Megan Hayes is here in the courtroom also.
The defendant, Zakkawanda Moss, is wearing a white button down shirt today. I can’t see the front of him (only his back). he is leaning down paying close attention to the back-and-forth between Judge Durard and the lawyers.
Court is about to open – jury will be brought in shortly. Today’s proceedings to begin.
Judge is back, in his robe. Court is now in session. Jury brought in.
Jury consists of 16 people – 5 men (all white) and 11 women (10 white, 1 black.)
First witness of the day called to the stand, Deana McCray, of Huntsville.
Prosecution calls witness who knew Warren Crutcher. He met him in Madison County, AL in 2000.
Witness said he lost touch with Warren when he and his family moved, and Warren went to jail. They reconnected in 2011. Said Henry Burrell and others called him ‘Teenager’ – he picked up the name in jail.
Witness said he lived in the home on Huntsville Highway, where the murders took place. He moved in during the fall of 2011, Sept. or Oct. Warren was already there, renting the place. Witness moved in.
Witness said he sold illegal drugs with Warren Crutcher. Marijuana, cocaine, crack cocaine, pills. “Anything that was profitable that we could make money off of,” witness said.
Witness said he knew Chabreya Campbell from Sparkman High School. Said Crutcher and Chabreya met and became a couple.
Witness said Warren and Chabreya stayed in contact because they shared a child, Vincent Warren Crutcher. They were not necessarily a couple anymore. Chabreya was dating Rashad Ragland, father of Rashad Rico Ragland (the 1 year old boy who died.)
Witness said he went to jail a few months before the murders. He was aware Chabreya was pregnant. She wasn’t necessarily ‘showing’ yet.
Witness said he met Jessica Brown and could tell Warren Crutcher was interested in her. They exchanged numbers, and she soon started coming to the house on Huntsville Highway. They became ‘close’, acted as a couple, but he’d always say they weren’t. Witness thought they were a couple.
Jessica Brown lived on Foxwood Drive in Fayetteville. Warren was looking for a house, and she found a house for them. He paid for it, and they moved in together. This was about ‘early 2012.’
Witness talking about the house on Fox Drive. 3-bedroom. Warren called one of the bedrooms ‘The Game Room’ – Warren had a small TV, trunk, futon, another trunk, and closet with his clothes. “His man cave,” witness said.
Was there anyone else involved in the drug operation? Witness said Henry Burrell got out of prison, and Warren introduced the witness to him. This was about May or June of 2012.
Henry Burrell lived with his wife, Angie, at a home in Fayetteville.
Burrell called Warren ‘Teenager.’ Warren was the lead guy in the drug operation they had. Warren was intelligent, organized – had an outgoing personality.
Drug sales would often take place in hotel rooms – people would call, come in, and buy drugs.
Witness said the nature of the business changed – moved up from the level of selling to drug addicts/crackheads – to where they’d sell to the drug dealers.
How did the finances work? Prosecutor asks. Witness said they’d keep some money/divide it and live off it. Put some money back in to the business. In some cases, was dope ever ‘fronted’ to anyone? Rarely, witness said. That meant they’d give the buyer a product without paying for it up front. They got it on credit.
Prosecutor asking about terminology now. “Hitting the lick” – a robbery. The ‘lick’ can be the person you’re going to rob, or the item you’re wanting from them. “Hit a lick”.
Witness talking about how he kept in contact with Crutcher while he was in jail. By phone, he said. Someone got a phone card for him, put minutes on it for him.
Witness said when he went to jail, that left an opening in Warren’s crew. Prosecutor asking if he knew a man named ‘Face.’ Witness said he didn’t know him personally but knew ‘of him.’
Witness said they kept their home separate from their business. In October 2012, witness said Warren lived at both houses. Sometimes he’d live with Chabreya, when he and Jessica were fighting.
Witness answering questions about purchasing large amounts of cocaine, and how they’d split it up for sale. They’d cut it with baking soda and cooking it into crack. Then, they’d package it up and put it in sandwich bags. Also talking about packaging large amounts of marijuana for sale.
This would sometimes take place at witness’ house, or Warren’s house on Fox Drive that he shared with Jessica. Rarely did this in the hotel rooms.
What were Warren’s plans for the future? Prosecutors asked. Defense objects – this could be hearsay, he said.. but judge will allow this line of questioning.
Judge says he’ll allow witness to talk about his parts of the conversation.
Moving to another state, witness said, to get away from Huntsville. The plan was to save up enough money to build a legitimate business. Henry was not included in those plans, witness said.
Witness said the last time he talked with Warren was Sunday, Oct. 21, 2012 – middle of the afternoon. Witness was calling from jail. Warren was at the house on Huntsville Highway. Was with a dog, exercising the dog. Witness heard Henry Burrell’s voice in the background. He heard other voices in the background. Working with dogs.
Witness says Warren had 3 or 4 cell phones/numbers. One for close family, one for select clientele, one for all marijuana sales, one for ‘crackheads’. That way, all his numbers from clientele wouldn’t be cluttered in one phone.
Witness said he called all the phone numbers the day he heard about the murders. He saw the Huntsville Highway house on the news, from jail. Didn’t get any answers on any of the phones.
Did he know Amber McCaulley? Witness said he knew of her, from high school, but heard she and Warren had hooked up 3-4 weeks before the murders.
Prosecutors asking about guns in Warren’s posession. Witness said he had a glock, 9MM, 2 AK47s, a .22 rifle, and a SKS he was intending to sell. Witness said he bought some guns in August 2012 or late July. Witness said Warren kept guns at Jessica’s house. One on the side of the bed where he slept. Another was in his ‘man cave,’ but then moved it to living room.
Witness said Warren also had a rusty Smith and Wesson handgun he acquired while witness was in jail. Witness said Warren told him he was going to give it to him.
Did Henry Burrell carry a weapon? 9MM. Prosecutor is asking an agent to show one of the weapons as evidence.
Witness carried a few 9MM guns he carried on the drug operation, too.
Asking witness if he recognizes the gun she is holding up. He says yes. It’s a 9MM. “It was Warren’s.” This was Warren’s normal carry weapon.
Prosecutors getting out another weapon to show as evidence. Witness says he recognizes it – it’s an AK-47, belonging to Warren. One of these stayed in Warren’s bedroom, and another one was in the living room at Jessica Brown’s Foxwood Drive home.
Defense is now questioning the witness. Defense attorney Hershel Koger is asking witness about the weapons – the glock he’s holding. Defense asking if there is anything particular about this glock that stands out. Has he seen other glocks, Koger asks. Koger said this weapon is commonly used in the drug trade. “What about this weapon makes it you think it’s Warren’s?” Witness said Warren’s weapon has glow-in-the-dark features on it.
Attorney Koger picking up another weapon now, Exhibit 10, a semi-automatic pistol. Witness has identified this as Henry Burrell’s.
Defense attorney showing one of the AK-47’s now. “Is there anything special about this one” Koger asks witness. Witness says there may be a scratch on the end. “One was scratched up more than the other. One was in better condition.”
Prosecution calls DeCarlos Joyner, 22. He knew Warren Crutcher. He met him in Toney, AL in 2000. Warren lived there and DeCarlos moved there. They became friends.
Was there anyone else involved in the drug operation? Witness said Henry Burrell got out of prison, and Warren introduced witness to him. This was about May or June of 2012.
Witness said Jessica’s baby came shortly before he (witness) went to jail. He was on the phone with Warren while he (Warren) and Jessica were in the delivery room.
Court has resumed after a 15-minute break. Rhoda Crutcher is on the stand now. She is Warren Crutcher’s mother.
During the break, the judge said we can identify future witnesses and will alert us if we cannot publicly identify them.
Prosecutors asking Rhoda Crutcher about how often she saw Warren and his children (her grandchildren.) She says the two had a close relationship.
Prosecutors asking about Warren’s lady friends and business. “Are you familiar with what he did to get money?” “He sold narcotics,” Rhoda said. He also worked in construction, Rhoda said.
Did Rhoda ever meet Zakkawanda Moss, or Henry Burrell? She said she had only met Henry Burrell. Prosecutor asked her if she knew what Burrell did – Crutcher said she only knew that Burrell worked for her son.
Prosecutor asks her to identify a photo of Warren. She does. Said it represents Warren well, shortly before his death. “He’s a handsome man,” she said. Picture being shared with jurors now.
Prosecutor asked if she knew about his numerous cell phones. Asks if she knows the numbers. Judge allows her to get her phone from her purse. Prosecutor is asking her for which phone number, or numbers, she has for her son.
She lists 2 numbers, said he had several other numbers, but she says she lost them.
Asking her about Warren’s lady friends. Chabreya Campbell. Did she know Jessica? Yes. What about Amber? Rhoda had just met her before the murders.
Amber and Warren came to visit. Rhoda and Earl, Rhoda’s fiance, were there. Warren came in to take a shower. Rhoda Crutcher said she asked her son about the robberies she’d been hearing about. He said that was Henry. Defense attorney, Hershel Koger, objects, ‘hearsay’ – and asks judge for lawyers to approach the bench.
Judge said witnesses’ last remarks – about the robbery comment – jury should strike that comment from any consideration they make about this trial.
Prosecutor questioning Rhoda Crutcher again. Rhoda said Warren got a phone call. Started to talk about what was heard.. judge dismissing the jury for now to handle this. (Judge is concerned Crutcher will discuss hearsay.) Jury is gone while DA questions her.
Jury is still out while judge determines what will be allowed from Rhoda Crutcher’s testimony, in regards to the phone call her son got when he was visiting her on Sunday.
Jury is back in the courtroom. DA questioning Rhoda Crutcher about the phone call her son got. She said “Baby, don’t go.” Warren and Amber left her home. DA asks if Rhoda recognized the voice on the phone. “It was Henry.” After he got the phone call, he left the house. Rhoda said that was the last time she saw her son alive. She called and called, but didn’t hear anything. She saw the Huntsville Highway house on TV.
She kept calling Warren. Never got an answer.
Prosecution says no further questions. Defense is up.
Next witness: Earl Robinson. He is Rhoda’s (Tina’s) girlfriend. (I believe Rhoda’s middle name is Tina. Earl lives with her. He knew Warren, her son. Said he met Henry Burrell 1 time. Never met Zakkawanda Moss.
DA questioning Earl Robinson about what Warren did when he and Amber visited that Sunday, the last day Earl and Rhoda saw them alive. He said Warren and Amber left after getting the phone call.
Defense said no questions for the witness.
Defense is recalling Rhoda Crutcher, Warren Crutcher’s mother, to the witness stand.
Defense is asking if she knows Asia Towles. Yes, she says. Defense asks for another sidebar with lawyers, judge about what he’s about to ask.. the phone call Warren received.
Defense is questioning Rhoda Crutcher again. How many times had she been in the same room as Henry? About 2 times, she said. “I didn’t like him to come in my house,” she said.
Rhoda said she had met Henry a long time ago when his sisters lived next door to her. Was a few years back – 2007 or 2008. They’d have BBQs at his sisters’ house. Henry would be there occasionally. She didn’t recognize him a few years later. The first time she saw him.. he came in, sat down, and she said “Who are you?” He said “you recognize me, I’m Henry.” (He was much bigger, Rhoda said.)
Next witness: State calls Amanda Wheless.
Amanda Wheless works for Enterprise Rent-A-Car. She is talking about Enterprise renting a car to Jessica Brown.
Witness took a reservation for a car – Jessica Brown called in to reserve a car in Warren Crutcher’s name.
Witness took a reservation for a car – Jessica Brown called in to reserve a car in Warren Crutcher’s name. Jury looking at the document that shows the car rental.
It was a white Hyundai Elantra. Jessica arrived in another car. Witness says there was an African-American male in the passenger seat. The white Hyundai Elantra rented to her was in good condition. No bullet holes, no blood stains inside or outside. No damage of any kind to it. (These are questions the prosecutor posed, that the witness answered.)
Defense doesn’t have any questions for the witness. She is cleared.
Judge calls lunch break. Instructs jury to not discuss the case during lunch. Court to resume at 1:30pm.
Court to resume shortly. Lawyers, family members and other court personnel are returning from lunch.
Here we go. Jury is returning.
State calls Asia Towles to the witness stand.
Towles says she lives in Huntsville. Moved next door to Warren Crutcher. Has known him since she was 12.
Talking about the various people she knew, involved in this case. Henry Burrell, Zakkawanda Moss, Chabreya Campbell.
Towles often babysat Chabreya Campbell’s children, 4 times a week or so. She was at the Huntsville Highway house 3-4 times a week, where Campbell lived. Said she often saw Warren Crutcher at the house.
She met Henry Burrell through Warren. Prior to the murders, she had known him for about a year. Saw him at the Huntsville Highway house pretty often when she was there. Zakkawanda Moss – she met him at the house too, through Warren Crutcher. When she met him, she knew him as “Face.” Towles said she saw him at the home twice. Had met him a couple of weeks before the killings.
Towles is describing the house. It’s a brick house, 1 story. Faces Huntsville Highway. Attached garage. If you are standing on the highway, looking at the house, garage is on the left. Talking about garage entry door, and laundry room. That leads to the kitchen. DA is trying to have Towles establish an idea of how the house looks when you’re inside, so the jury can picture it.
DA asking Towles about the last time she saw Chabreya. She picked up the boys around 2 or 3pm Sunday. Boys: Baby Rico (Rashad) and Vinnie (Vincent).
Towles had the boys for about 4 days. Had last seen Chabreya that previous Wednesday, at her house. When she kept the children, she took them to her house in Huntsville.
DA asking Towles about the last contact she had with Warren, Chabreya, Vinnie and Rico. This was late Sunday night. Vinnie called her Monday morning around 8am. She said he was calling from Chabreya’s phone. Vinnie’s voice sounded fine. He was calling “My mommy in bed, Rico won’t get up.” Towles said Mommy was probably just sleeping. Vinnie called again 20 minutes later. “My Mommy and Rico won’t get up.” It’s getting closer to 9am. Towles said to put Mommy on the phone. Towles said she was coming, she was on her way. That’s what she did. Towles had her mom and cousin with her.
Asia Towles picked her mom and cousin up on the way. Drove to Huntsville Highway home. Towles went to the front door, couldn’t get it open. Heard Vinnie inside. Door was locked. Went to the windows, the garage door, heard Vinnie go to the garage door. She coached him on how to open the garage door. Vinnie unlocked the garage. Asia and her mother were able to raise the garage door. They were able to get Vinnie out.
“I seen blood all over the garage floor. Where the laundry was, it was blocked off,” said Towles. That caught her attention because that’s where the blood was. Blood was smeared across the floor, Towles said.
Towles called police before she went in the garage.. was initially concerned she couldn’t get Vinnie out. Then, she got in.
DA asking about various places Warren stayed. Asia said she was aware Warren was involved in a drug-dealing business. Said she saw Warren with guns. Saw Zakkawanda Moss with guns. “When I went to Chabreya’s house one day.. I guess I scared them.. three of them grabbed their pistols.” (3 people – Warren, Henry & Face) – they realized it was Asia, and put the guns away.
DA asking where else in the house Asia saw guns. She saw one in Chabreya’s bed, and there were 2 in the cabinet next to the stove. Saw cash money at the house. Warren had it, Towles said. Rubber bands around the cash – a bundle of cash. 4 bundles.
Towles said Warren put the money in a bag. She also saw Henry Burrell there when there was money out. Towles said she didn’t pay it much business – she’d go to where Chabreya was. “There was money on the table, dope, guns.” Asia said she walked by them – Warren, Henry and Face.
DA questioning Towles about drugs, guns in the home. Towles said she saw crack, weed. Saw a few big ziploc bags of weed in the fridge one day. (Large ziploc bags.. about 3. Full.)
Towles said she also smelled weed in the bathroom one day. Didn’t see where it was.
DA asking about how Henry, Warren interacted. How Zakkawanda, Warren interacted with each other. Towles said Warren was demanding to Moss & Burrell. They seemed to comply with what he (Warren) wanted.
DA asking Asia to identify a picture. It’s of Vinnie, Towles says, holding a bundle of money she described earlier. DA asking for it to be admitted in to evidence. DA gives the picture to the jury to view.
DA asks Towles how Chabreya looked right before she died. Towles said she had a baby bump – was about 7 months pregnant. DA asks Towles if Chabreya had hidden the pregnancy from her mom. Apparently, she had, but had told her recently. Chabreya was a slender girl, Asia said, and definitely had a ‘circle’ on the front of her (baby bump.)
DA going back to questioning Towles about the moment she found Vinnie. DA finished. Defense attorney Hershel Koger is up now.
Defense asks Towles about seeing guns in the Huntsville Highway home. One was a handgun Chabreya kept in bedroom, and 2 other guns kept in kitchen. Those were also handguns, kept in cabinet besides stove. She saw them one day when the cabinet was open.
Defense asks Towles the difference between crack and cocaine. Crack is hard, it’s cooked up. Cocaine is powder, he says. She agrees with his statement.
Towles asks Asia about the phone she used to call and text Chabreya. It was her Indiana number, she said, area code 812.
Defense asks Towles if she knew Jessica Brown. Towles said she knew of her, didn’t really know her. She said she was never at her home on Foxwood. Witness is finished.
Next two witnesses – judge said their names are not to be published. We will just refer to them as ‘witness’.
The witness is on the stand. Visibly upset as she walked in. I am going to be very careful in how I post updates on this testimony. She was an acquaintance of Henry Burrell’s.
DA asking witness about how she knew the people involved in the case. Warren Crutcher, Henry Burrell, Face (Zakkawanda Moss), etc. Now she’s talking about the cell phones Henry Burrell had.
DA turning her attention to Sunday, Oct. 21, 2012. Asking witness to describe what Henry was doing that afternoon, cooking and singing a song in the kitchen.
Lawyers and judge are discussing a matter privately right now.
Jury has left the courtroom for now. Judge, lawyers are reviewing with the witness Henry’s phone conversation on that Sunday.
Defense lawyer is still talking with the witness about phone calls and timeline. Jury is still out of the courtroom.
The jury is still out of the courtroom. Defense is finished questioning the witness. They are now determining which part of the testimony, if any, can be used.
Defense lawyer Hershel Koger is still arguing the point with the judge that most of the phone conversation was hearsay. Witness still on the stand.
A lot of ‘legalese’ being tossed up about the definition of hearsay. This has been a major part of today’s court proceeding, with this witness and another one.
Court has been in recess for about 15 minutes. I think we’ll start again shortly.
Lawyers are presenting arguments again. Jury still isn’t here.
Jury is returning.
Judge explained to jury why he had to send them out. Said it was for an evidentiary hearing – sometimes these things are solved in pre-trial hearings, but sometimes they have to be dealt with during the trial, and that’s been the case twice today.
DA asking witness about where she suggested Henry meet Face. Went there, with Henry (she was driving) to Tractor Supply Company and McDonald’s on Huntsville Highway.
Witness talked about what she did after she left Tractor Supply/McDonald’s. She went home.
It’s difficult to understand the timeline of the events the witness is talking about. I’m also trying to be careful to protect her identity by not posting details that are too specific about her testimony.
She is answering questions about going to some apartments in Madison County that Henry Burrell directed her to.
Witness said Henry and Face were at these apartments. They put something in the ‘hatch’ of the car. Henry closed it quickly and got in the car. Face was with him. Face threw 2 guns in the backseat, witness said. Witness chokes up as she describes the men wearing latex gloves and the smell. “It was an awful smell,” she said.
Witness said Henry Burrell gave her some driving directions back onto Sparkman, then to go to Walmart and park on the side. Henry asked Face if he had any blood on him. Face went inside Walmart and came out in 5 or 6 minutes. Said to Henry “it wouldn’t work.” Witness said the two men directed her to go to a Wavaho gas station.
It’s not clear which Wavaho it is.. witness doesn’t know the roads. When the witness got to the gas station, Face went in the store, she said. Saw him through windows – he went to the ATM. It was taking a while, so she went inside. Face said to her “it wouldn’t work.” She saw the card. The card had the name “Warren Crutcher,” witness said through tears.
Witness said Henry had given Face a ‘number’ before he went in store (possibly a PIN but she didn’t use that terminology.)
Witness now discussing where they went next in the car. Left the Wavaho, came to some sort of bridge (witness is not familiar with the roads/streets in Huntsville/Madison County.) “Slow down at the bridge,” they told her. Witness said Henry started throwing out cell phones, one at a time. They continued driving to Face’s house.
Witness said she followed directions to get to Face (Zakkawanda Moss’ house.) Witness got out. Said Henry opened the door for her, checked on her and said to go inside. Henry went in; she didn’t see Face go in. “What was your state of mind?” DA asked. “I knew something had happened, but I didn’t know what happened. I didn’t question anything. I just sat there.”
Witness said the men changed clothes (it’s not clear if both men changed clothes from the testimony.) Witness and Henry left. Face stayed at his home.
While they were on Joe Quick Road, on the way back to town, something happened, she said. Henry rolled down the window and threw his gun out. He was on the passenger side. It was a handgun. There was a white rag with it, witness said.
Henry didn’t say anything, witness said. She said this was the gun Henry carried with him everywhere he went. They continued on Joe Quick Road and went home.
The next day, they went to pay bills. Then drove to Face’s house to pick him up. Noticed Face was out walking on his street before they got to his house. They pulled up, and he got in the vehicle with them. Went to Face’s house to get something. Face went in and got a bag. Witness saw it contained the shirt Face had on the night she picked him and Henry up at the apartments.
They went to a small store. Face went in, witness said, and got a drink. Went to Alabama, to some apartments near a shoe store, Payless, witness thinks.
Face got out.. person wasn’t at the apartments that he wanted to see. Came back, got the bag out of the back seat and threw it in a dumpster at the apartments. From there, they went to Henry Burrell’s sister’s house.
Witness said she backed the car in at the sister’s house, which was her usual way to park. Got out of the car and went upstairs. As she walked up the stairs, she noticed blood on the back hatch of her Jeep. She had an anxiety attack and went inside the sister’s apartment.
Witness said Henry came in, saw she was having a panic attack. Face didn’t come in. Witness answers DA’s question, that she doesn’t know what happened with her car during this time. They laid her down to help her calm down.
At some point, she said she told Henry she noticed blood on the back of her car. They went to an automatic car wash across from the Walmart on Sparkman Drive. Then drove home to Tennessee. Once they crossed the state line, they saw police, people, TBI truck, at the Huntsville Highway house.
She was initially concerned Warren got busted “because he fought dogs” but she saw the TBI truck and became more worried.
They got home. Henry was very nervous, pacing. “Couldn’t sit still.”
Later on.. witness said the house got surrounded by police. Henry was arrested. The house and premises were searched.
DA indicates they are almost finished with the questions for this witness.
DA asking witness now about person who was in her car, who she picked up at the Tractor Supply/McDonalds.. man who went around in the car with them to the apartments, who she picked up at his house in Madison County.. who went with them to Henry’s sister’s house.. DA asks “Do you see that man in the courtroom today?” Witness cries, raises her hand and points to Zakkawanda Moss as her finger shakes. She cries, “He’s wearing a white shirt.” DA asked that the record reflects that man is Zakkawanda Moss. Judge allows it.
Witness is collecting herself. There are some tears behind me in the seating area too.
Courtroom is still silent. I presume the defense lawyer will cross-examine the witness shortly.. but we’re still waiting to see what happens next.
Defense attorney Hershel Koger requests a sidebar. (Private conversation between judge and lawyers.)
Defense is now cross-examining the witness. Asked if anyone else was in the vehicle with Face, when they met at Tractor Supply. She said no. Said she was in a position to see if anyone was in the vehicle with him, but didn’t see anyone else.
Defense asked if Henry had asked her “if she’d be upset if he hurt a girl.” She said yes, he asked that. That was before the murders took place. She wasn’t sure how long before.
Defense asking about stops at Walmart, and Wavaho, and the debit card. Witness said Henry gave Face the PIN #. Defense establishing where Face is, in the car. Asks if witness actually throw anything out. Witness said no, she did not, it was dark.
Defense asks when witness picked up Henry and Face at Sparkman apartments.. the latex gloves Henry was wearing. Defense asked if Face was wearing gloves. “I don’t have any lights inside my Jeep,” witness said.
Defense asking about Face getting in the car at the apartments, after the hatch closed. What side of the car he got in, etc.
With the police showing up at her house, she didn’t call them.. they just showed up.
Defense is finished questioning the witness.
It appears the state is going to call another witness.
The next witness is Cynthia Sanders, the director of public information for the hospital in Lincoln County. Oversees the medical records department. This witness can be publicly identified.
DA is questioning Sanders about the previous witness, and her visit to Lincoln Medical Center’s ER on October 21. This was for an anxiety attack.
7:47pm was the time she came in. Released from ER at 10:18pm.
No further questions for this witness. No questions from defense attorney either. Witness dismissed.
Judge explains to jury the sole purpose of previous witness, Sanders, was to establish the time Burrell’s acquaintance visited the hospital, not the reason she was there.
Court is about to recess for the evening. Jury excused.
Judge calling lawyers… they go into a private conference in his chambers.
Court recessed for the day. To resume at 8:45 a.m. tomorrow. District Attorney Robert Carter said they’ve called 20 witnesses so far, about have 40-50 to go.
Good morning. Reporter Megan Hayes will be blogging for you today during testimony. She’ll be in the courtroom shortly. Proceedings expected to start at 8:45am.
We are set up in the courtroom in Lincoln County. Waiting for testimony to start again this morning.
Still waiting on court to resume. Zakkawanda Moss is now seated in the courtroom. I think we will begin shortly.
Jury and judge is now in the room. Judge says we are 1/3 of the way through witnesses and “ahead of schedule.”
The prosecution has called their first witness to the stand, Janet Lauderdale…an asset protection manager with Walmart in Huntsville. She says her job is to protect any type of loss for the store.
Lauderdale was working at the Walmart on Sparkman Drive in October 2012. She is describing how her particular store is laid out, with cashiers in front, 24 registers and 8 self checkout registers. She says the video surveillance covers the entire store, 320 cameras total.
Lauderdale: Videos have a time stamp. Prosecutor asks if she is familiar with the video that was provided in this case of the Sparkman Walmart. “Yes.”
Prosecution is starting to pull a video up on the television in the courtroom for viewing.
Lauderdale confirms her store provided the surveillance they are showing. The first clip shows an individual at 2:37 a.m. walking into the store with blue jeans on and a white shirt.
Second clip shown: the same individual walks up to the ATM in Walmart. Next, a clip showing the same person moving toward the main merchandise area, discovered that the doors were locked.
Moss is allegedly the person in the surveillance video. State alleged Moss tried to use Warren Crutcher’s credit card.
Time stamp of 2:42 a.m. shows the individual leaving the store. The person was roughly inside for 5 minutes.
State is passing a still image of the subject from the surveillance footage around to the jury so each juror can get a good look at the person.
No further questions. Lauderdale is dismissed. Waiting on next witness to be called.
Next witness on stand is a male witness. He works at the Wavaho on Winchester Road. His brother-in-law owns it. He says the store has surveillance cameras and he is aware that video was provided to law enforcement for the trial.
State is pulling up surveillance video from the Wavaho station. The time stamp says 10/22/2012 at 2:55:58 a.m. It shows a man in blue jeans and light colored shirt walking into the store and going to the ATM machine.
A few minutes later, a female walks into the store and looks at the ATM at 3:00:32 a.m. She has her hand on the individual’s back.
Defense Attorney Koger is cross-examining the witness. He is asking the witness if where the woman reached briefly toward the ATM, what part would that have been? The credit card slot, receipt, etc. Witness says the light is blinking on the machine so it looks as though she is reaching for the receipt slot. Prosecution asks if there would have been a receipt for a declined transaction. Witness says he believes it would.
Next witness is heading the the stand.
Witness is Senderella Moore. She works at Allied Waste Services and was there in 2012. She was a customer service representative in October 2012. “Allied handles solid waste and recycling.” Moore says they empty dumpsters in Huntsville.
Next witness is heading to the stand.
Prosecution: “If there was an apartment complex at 2212 Jonathan Drive in Huntsville, would that have been a customer?” Moore says yes.
Moore has been dismissed. Next witness on stand is William Woodrow Wilson. He goes by Woody Wilson. He is facility manager at Covanta Huntsville–a solid waste management company.
Wilson says the waste comes from Huntsville and Madison County. Allied Waste is one of the entities that brings waste to their facility. Trucks bring it in, back up to a 40 foot deep pit, dump into it. “Once the trash goes into there, it’s not coming back out.” Wilson says they burn 600 tons of trash a day.
Wilson is excused. No cross-examination from the defense.
Next witness is expected to take awhile. Judge has recessed for a short break before that begins.
We are back from break. Next witness is taking the stand, Douglas Boeringer. He is an investigator for the Lincoln Co. Sheriff’s Department.
Boeringer responded to the home on Huntsville Highway in October 2012. He says several law enforcement personnel were already on scene, it was an active crime scene and had tape up around the boundaries.
Boeringer was briefed on the situation. He found people that had potential information, civilian witnesses. He spoke with a landlord representative and a woman with her. He says he also spoke to a few family members of the victims, people that potentially had information.
Asia Towles was one of the people that Boeringer spoke to at the scene. Towles was one of Campbell’s friends and often babysat her children. Towles called 911.
Boeringer: Detective Joyce McConnell pulled up at the scene. He pointed her in the direction of Vinny, the young child of Campbell and Crutcher who was found alive at the scene by Towles. McConnell often conducts interviews with children, said Boeringer.
Boeringer spoke with Sheriff Murray Blackwelder. He says Blackwelder asked him to go to Foxwood to look for Jessica Brown, her child, and Warren Crutcher.
They were supposed to have SWAT team training that day. Boeringer says that is why some of them were in their SWAT gear at the crime scene.
Boeringer: It was roughly 6 miles to Foxwood. He went with several SWAT team members. He says they set up a perimeter, went to the door and knocked, no one came. He tried to look through windows. He says they couldn’t detect that there were persons inside the house. He reported that back to Blackwelder. They left and went back to the Huntsville Highway location.
Boeringer says there were two cars in the driveway at the house on Foxwood, one registered to Warren Crutcher and one to Jessica Brown. But it didn’t appear anyone was inside the residence.
Around 4:50 p.m. Sheriff Blackwelder approached Boeringer again about the Foxwood residence. He said he had more information and he felt that it was an emergency to get into that home. They went back. At that time, there were people there in the front yard, including Brown’s mother. They tried to find a key.
Boeringer: The house was forcibly entered, busted open. The team entered as though they might face an armed aggressor. They stepped into the living room, Boeringer went to the first hallway to the right, then to the door on the left. Boeringer stepped into the bathroom, and saw a body in the bathtub.
Boeringer alerted the team that he found a body. The SWAT team secured the house. Boeringer says Investigator Clayborn found Brown’s baby in the bathroom off the master bedroom. The baby was alive.
Boeringer: The SWAT team did a full sweep, then secured it for TBI to come in and do their investigation.
Victim Jessica Brown was found in her home on Foxwood Drive. She was 21 years old.
State submits a photo of the inside of the Foxwood home. It looks into the living room. Prosecutor asks Boeringer what a particular object is in the photo. Boeringer says he believes it’s a bag. There is also a child’s playmat in the photo.
Boeringer: Brown’s hands were tied behind her back, she was face down in the bathtub in almost a squatting position. There was some type of tie around her neck.
Jurors are now looking at a photo of Jessica Brown from the crime scene. Prosecutor asks Boeringer is that how she was found. He replies yes.
Wrapping up: Boeringer says he got home around 4:00 a.m. 10/23/2012. He received a call that morning saying Madison Co. had located a body just over the state line on B H Reeves Road.
Boeringer went to that scene. Says it was a very rural area…the road runs parallel to Huntsville Highway. It runs north to Lincoln Co, south into Madison Co.
Boeringer: We went to a residence on Sunset Drive with a probation violation warrant for Henry Burrell. Burrell was arrested and taken into custody.
Boeringer: The owner of the home gave verbal and written consent to deputies, they searched the interior of the home, specifically the master bedroom. What were they looking for? “Anything that could have been associated with the homicides.”
Boeringer says he found a sem-automatic handgun magazine in the bedroom of the home. According to Boeringer, the homeowner told Boeringer that in the garbage can, there were seat covers and floor covers for a vehicle.
Boeringer seized the items from the garbage can. The State has presented a bag of contents that is labeled “biohazard, blood.” For that reason, the bag will remain sealed. Judge asks if the bag has the seat covers, “yes,” says the prosecutor.
Boeringer says he went back to the Sunset Drive house. He was given some clothes by the homeowner, Boeringer was told they were worn by Henry Burrell. The clothes were given to the TBI, along with the car covers and floor mats.
Boeringer says they retraced steps with the homeowner, who also testified as a protected witness yesterday. She testified that she drove Burrell and Moss on October 22 evening. She took Boeringer on the route that she drove just a few days earlier.
Boeringer: The witness took him on a route that included the Wavaho station and on a bridge over the Flint River. The witness told Boeringer she heard something being thrown out the window the night she says she drove Burrell and Moss. Boeringer said he looked down and he saw Madison County Sheriff’s Dept. conducting a search in the river.
The State is providing jurors with a copy of the route that Boeringer says he retraced with the protected witness.
Boeringer says Jessica Brown’s home was sealed off. The family entered to get things to help take care of her child. Brown’s stepfather is a police officer with the Fayetteville Police Dept. He alerted Lincoln Co. Sheriff’s Office that he found crack cocaine in the home, and turned it over to them, says Boeringer.
Court has been recessed for lunch.
Court has resumed. The defense is now cross-examining Investigator Boeringer.
The Defense Attorney clarified where Investigator Boeringer has jurisdiction. The witness has now stepped down from the stand.
Interactive Content Producer Drew Galloway here. I’ll be taking over live blog duties form Megan Hayes for the remainder of the day. Tune in to WHNT News 19 tonight at 5 to hear Megan Hayes give you the latest on this trial.
The next witness up is being sworn in. His name is Gary Stevenson, a Tires Plus employee from the Winchester Rd repair shop.
Stevenson is recalling the Oct. 2012 day when he found a gun clip on the side of the road. He had been carrying his son to school around 7:30 in the morning. He crossed the Flint River bridge in the eastbound lane when he saw something that looked like a gun clip. He had another employee pick up the clip with a latex glove on. They returned to the Tires Plus and contacted authorities.
The prosecution has produced a gun clip which Stevenson recognizes. Stevenson recalls that the bullets that were in the clip when he found it were silver and hollow-point, but he doesn’t recall the exact number that were in the clip when he found it.
Stevenson has confirmed on a map the location where he located the gun clip.
The defense is about to begin its cross-examination of Mr. Stevenson.
The defense is asking Stevenson about his personal gun collection. Stevenson says he is a little bit of a gun person, but is not a collector. He owns two 9mm firearms.
The defense is asking if the clip has any identifying marks or if it is like any other clip in the world.
Stevenson responded that there was nothing special about the clip.
And with that, Stevenson was dismissed. Up next is Deputy Peter Roth.
Madison County Sheriff’s Deputy Peter Roth has been sworn in. He has been a deputy for 15 years. He is a patrol deputy on first shift patrol
Deputy Roth is recalling the day when he was called to Gary Stevenson’s business to recover some property that needed to be turned over to police.
Roth says when he got to Stevenson’s place of business, Stevenson produced a 9mm clip. Roth took possession of the clip and put it into a manila-type envelope. Roth remembers that it was loaded and it appeared to have several rounds in it.
Roth says as a part of his training, they are taught how to handle evidence. He packaged the clip for examination by a forensics team.
Roth says he returned to the bridge to search for a possible weapon that may have been discarded in the same area, but was unable to locate one.
Roth is recalling the day when he escorted a Hyundai Elantra and a garbage bin to the Madison County forensics office.
With no cross-examination of deputy Roth by the defense, he has been released.
Court has taken a recession for a short break.
Court is preparing to resume shortly.
Court has resumed.
Madison County Reserve Sergeant Ralph Harris has been called to the stand.
Harris says a reserve officer is an augmentation officer for the Madison County Sheriff’s Office. They help with prisoner transfer, special events, courthouse duty, and other things to help the Madison County Sheriff’s Office, according to Harris.
Harris spent 20 years in the Army and retired as a colonel. He spent time in the Middle East, Far East, Europe, and the U.S.
In Oct. of 2012, Harris was called to help search for evidence related to a crime. He gathered a team of reserves and began to search Joe Quick Road. They were told to search for anything out of the ordinary, according to Harris.
The reserve deputies searched shoulder to shoulder through the terrain of Joe Quick Road from 7:30 a.m. until about noon. They met a group of Lincoln County deputies in the middle who had started their own search on the other end of Joe Quick.
During the search, a member of Harris’ team located what he describes as a relatively clean, small, white towel. His team spread out in the area and located a gun.
Harris’ team located the white towel approximately 20 feet off the road. The gun was located approximately 20 feet past the towel.
The prosecution has produced a small, white towel. Harris says it is the same type that his team located just off of Joe Quick.
The towel has been entered into evidence. When Harris held the towel up, it appeared to be relatively clean, except for some dark smudges on one of the corners of the towel.
Photographs of the evidence scene on Joe Quick, including photos of the towel and the gun, which Harris says is a Glock pistol, have also been entered into evidence.
Harris has been dismissed without cross examination from the defense.
Madison County Reserve Deputy Steve Morgan has been called to the stand.
Deputy Morgan assisted in the search on Joe Quick Rd.
Morgan describes the day as a clear day with lots of leaves on the ground. His team searched the area slowly and methodically.
Deputy Morgan says he was the person that located the pistol during the search.
Morgan says the white towel appears to be the same size, condition, and color as the towel he and his team found by Joe Quick Road.
Morgan has been handed a black Glock model 17. He says it is the same size, shape, color, and model that he found on the side of the road, but he did not do a serial number inspection on it, so he can not be 100% certain.
The defense asked Morgan one question about his military service, then Morgan was dismissed but could be called back to the stand.
Madison County Sheriff Sergeant Tommy Miller with the Criminal Investigations Department has been called to the stand. He has been with the CID for 12 years. On a regular basis, Miller oversees cases and assigns investigators to those cases.
Miller went to the Sparkman Dr. apartment complex to accompany a TBI and Lincoln County investigator to follow up on information received by the U.S. Marshalls that a suspect in a homicide case might be there on Oct. 23 of 2012.
The apartment complex is located on 1500 Sparkman Dr, which is at the intersection of University Dr. and Sparkman Dr, according to Miller.
Miller and the investigators drove to building 44 of the apartment complex. In the parking lot of building 44, Miller found the vehicle that matched the information and description of a vehicle involved in a multiple homicide, according to Miller.
Miller was looking for a Hyundai Elantra. The car they located had a tag that matched the description Miller and his team had been given.
Photographs of the scene from the apartment complex where the Elantra was discovered are being submitted to the jury.
One of the quarter panels of the Elantra appear to have blood drops and smears on it, according to Miller.
Several pictures of the car have been entered into evidence. Many depict the droplets and smears of what Miller says appears to be blood. The jury is currently reviewing the pictures.
A dumpster near the Elantra was also impounded, along with the car.
Miller has been dismissed from the stand, but may be called again.
The next witness, Daniel DeLaCausey, is a tow truck driver for the agency under contract to impound cars for the Madison County Sheriff’s Department.
DeLaCausey was responsible for impounding the Elantra. He says he was able to tow the car without touching it or getting into it because that model of car has a hook underneath it that enabled him to get in on the truck. He used gloves given to him by an investigator.
He says the passenger seat had a reddish-brown substance on it, along with several places outside the vehicle.
DeLaCausey has been dismissed without cross examination from the defense, but may be called to the stand again.
Court has been adjourned for the day. Proceedings will continue tomorrow.
Stay tuned to WHNT News 19 and whnt.com for the latest information on this trial.
Good morning! I am back in the courtroom today in Lincoln County. We should be getting started soon. Stay tuned.
First witness on stand is Special Agent Brad Elliott with the TBI. Part of his jurisdiction is in Lincoln County.
Elliott says he was called to the scene in Madison County in October 2012.
No cross-examination from the Defense. Elliott has stepped off the stand.
Next witness is Forrest Edde. He is a criminal investigator with the Madison Co. Sheriff’s Office. Has been with MCSO since 1999. He has been a patrol deputy and a SWAT team leader.
Edde says he was advised to be on the lookout for a man named Warren Crutcher on October 22nd. He says he went to a home on Dan Crutcher Road, looking for him. They didn’t find him there.
Edde: An auto shop owner (who testified yesterday) called him and told Edde that he found a gun magazine on the Flint River Bridge. Edde: “You don’t usually find a magazine on the Flint River Bridge.” He got in the water and searched. “Investigator Monroe found a handgun.” Edde says Monroe collected the gun.
On October 23, Edde went with another investigator to the location on BH Reeves Road because a deceased body had been found. “I didn’t want to contaminate the crime scene so I stood on the roadway.”
Edde: The body was around 30 yards off the roadway.
Moving to October 26, 2012 now. Edde says he was a supervisor over a group of deputies that were going to do a search on foot on Joe Quick Road in Hazel Green. He had 7 reserve deputies with him.
“I kind of allowed them to do their thing.” Edde says he mediated the search but did not get out himself. He supervised his crew and also coordinated with Lincoln Co. crews.
Edde says they were looking for cell phones, guns, anything out of the ordinary. Later in the day, they were specifically told to look for a white towel and/or a pistol that may be wrapped in it.
Edde: The search team had found items that matched the description. “12:08 they called me and said the had found a towel. At 12:11 they called and said they had found a handgun.”
Prosecution: “Was the white towel close enough to the road that it would have been in throwing distance of the road?” Edde says, “In my opinion, yes it was.”
Edde says same for the handgun.
State is showing Edde an item. He asks Edde to make sure it’s unloaded. It is.
Edde says it appears to be the same 9mm Glock 17 that was in the ditch.
Prosecution is showing a white towel to Edde.”As far as the size of this towel, the color of it, etc. does this appear to be the towel you observed within a few feet of the 9mm Glock?”
Edde says it does.
The towel looks like a small kitchen rag, about the size of a golf towel. No more than two or three feet long.
November 16, 2012: Another handgun was found in the river. MCSO recovered the gun from the water. Edde confirms that where the handgun was found–it would be consistent with a distance that could have been thrown from the bridge.
Defense is cross-examining Investigator Edde. Defense is confirming that Highway 231/Huntsville Highway runs north and south. Winchester Road runs east and west.
Defense Attorney Hershel Koger confirms if you are driving east, the guns are on the right side of the bridge. Edde says yes.
Koger is asking Edde if he is assigned to any particular part of Madison County. Edde says mostly northwest Madison County is in his zone.
Defense is done with cross-examination. Next witness is taking stand, Steve Finley.
Finley is a criminal investigator with the Madison County Sheriff’s Office. He says he has training in initiation and ongoing investigation including homicides…as well as yearly training.
Finley was with MCSO last October. He says he was instructed to look for Warren Crutcher last year. He went to a residence with Edde on Dan Crutcher Road to look for Crutcher. They did not locate him there.
Finley went with Edde and Sgt. Brian Chaffin to the Flint River Bridge. “We had received information about a magazine was on the bridge. Investigator Edde had some waders so he went in the water.”
FINLEY: It started getting dark and they didn’t have flood lights so they stopped when they couldn’t see anymore. This was on October 22nd.
Finley went to an apartment on Washington Street, Warren Crutcher’s mother’s residence. Finley says he and Chaffin interviewed Rhoda Crutcher.
Finley: Ms. Crutcher requested to look at a photograph of a subject so she could attempt to identify if it was the same individual that was at her house before.
“Who was that person?” Finley says, “Amber.”
Finley testifies that a gun was found in the Flint River. This lines up with the testimony Investigator Edde gave just a few minutes ago.
Finley says he went to the scene at BH Reeves Road. He approached the body. He did not see any blood trails or tracks. He confirms the crime scene investigators would be the ones to do the tracing.
Finley has been dismissed. Next witness is Lillie Burrell.
Burrell says she is the older sister of Henry Burrell. Burrell is the other man charged in this case, along with Zakkawanda Moss.
Lillie says she did not know Warren Crutcher. She knew of a person called “Teenager” through her brother, Henry Burrell. She says she also knew a person called, “Face” through Henry.
She says she did not know “Face” by any other name. “Face” is the alleged nickname of Zakkawanda Moss.
Lillie says she used to be neighbors with the mother of “Teenager.” On Monday, October 22, Lillie says she got a phone call from Henry. She was at her stepdad’s house.
Lillie says she told Henry she would be home in a few minutes. She says her and her daughter were at her apartment and then “Face,” Henry, and a protected witness came over to her apartment in a silver truck with tinted windows. She confirms it was a Jeep.
Lillie says the protected witness had an anxiety attack at her house. She testifies that Henry told her to get a cold rag for the protected witness. Lillie says Henry was walking around biting his lip.
Prosecution: “Did he have a habit of biting his lip?”
Prosecution: “What were those circumstances?”
Lillie: “When he had done something.”
Lillie: Henry gave her $10 to take Face to “On the Spot” on University Drive. It is a car wash. She says she dropped him off then went home. She says Henry was holding the protected witness trying to calm her.
Lillie testifies she saw a black bag in the back of the Jeep. She didn’t know what was in it but she says she saw Face and Henry looking into it. She says Henry continued to pace around for the afternoon.
Prosecution asks if Lillie saw the news that day. Lillie confirms Henry was continuing to bite his lip and Face was looking at the floor.
Prosecution asks Lillie Burrell to point out “Face” if he is sitting in the courtroom.
Defense is beginning their cross-examination.
Defense asks if she had just met Face for the first time that day at her apartment.
Koger: “You wouldn’t have anything to judge what his ‘normal’ is because you hadn’t seen him before?”
Lillie says she didn’t see Face with any type of phone or tablet that day.
Defense says he has no further questions. He asks to have an opportunity to review some material overnight. The Judge is telling Lillie Burrell that she will be contacted if her appearance is necessary on Monday. Defense says they will let her know this weekend.
The next witness will not be named or identified, per Judge Durard’s request.
This testimony will be difficult to live blog without giving details about this witness. I will pick back up when I can. Stay tuned.
Defense asks a few questions during cross-examination. The witness has now been excused. “You may leave, but keep your phone handy,” says Judge Durard.
Next witness is being called to the stand, Pete Hose. Hose is a criminal investigator with the Madison County Sheriff’s Dept.
State asks if MCSO has to work with Fayetteville PD, Lincoln Co. Sheriff’s Dept. often. “It’s quite often, yes,” says Investigator Hose.
Hose confirms he was told to look for Warren Crutcher on October 22nd.
Moving to October 23, 2012. Hose testifies he went to BH Reeves Road because they had found a body in Madison County.
Hose says he met Sgt. Chaffin, Investigator Patterson at the location on BH Reeves Road. Hose testifies he ventured off the road to get a close-up view of Crutcher’s body.
“I remember he was laying there, he had some camouflage overalls on, something of that nature, there was blood on his face,” says Hose.
Hose says at that time, he couldn’t tell where the blood was coming from. He testifies he did not approach the body or attempt to manipulate it.
Prosecutor asks if there was anything laying around Crutcher’s body: “I believe there was some money laying there, on the ground,” says Hose.
State: “Would I be able to observe Mr. Crutcher’s body if I was just driving down the road?”
Hose: “No, I don’t believe so.”
State is handing photos to Hose. “That’s the body of Warren Crutcher,” says Hose.
State continues to hand different photos of different angles from the crime scene to Hose. He continues to identify the body as Warren Crutcher in each one.
Hose identifies a wallet and money in a photo. He testifies that is the wallet and money he observed near Crutcher’s body near BH Reeves Road.
Hose says it was within a few feet of Crutcher’s body.
State is passing around photos to the jurors for their viewing.
State has one more scene to go over with Hose. Jury indicates that they want to keep going instead of breaking for lunch.
October 23, 2012: State asks Hose if he knew a vehicle had been found at an apartment complex in Huntsville that was related to this case. Hose says yes, he went to complex.
The complex is The Overlook Apartments at 1500 Sparkman Drive. Hose confirms that the Hyundai Elantra was found at the apartment complex. Close to the car is a dumpster that Hose says was of interest to them.
State asks, “Why did you think the dumpster held something?”
“Someone had committed a crime, need to get rid of something, throw it away,” says Hose.
Hose is looking at a photo of the Hyundai. He positively identifies it.
Hose is now identifying blood stains on the vehicle that he says he observed that day at the apartment complex.
Defense has no questions for Investigator Hose. He has been dismissed. We are now breaking for lunch.
Prosecution calls witness who knew Warren Crutcher. He met him in Madison County, AL more than a decade ago.
Witness said Warren went to jail. They reconnected in 2011. Said Henry Burrell and others called him ‘Teenager’ – he picked up the name in jail.
Trial has resumed. First on stand is Donnie Monroe, an investigator with the Madison County Sheriff’s Office. Monroe says he retrieved the gun clip from the auto shop after it was found on the Flint River Bridge.
Monroe is testifying about searching for the handgun that was found in the Flint River under the bridge. So far, everything is lining up with Finley and Edde’s testimony.
Monroe is being shown a gun in a brown bag. He confirms it is a Smith and Wesson model 59 gun that he recovered.
WHNT News 19 Interactive Content Produce Drew Galloway here. I’ll be taking the live blog reins from Megan Hayes. You can see her live tonight on WHNT News 19 at 5 and 6.
Monroe is detailing pictures from the inside of the white Hyundai. Of note are images of a reddish-brown substance that Monroe says appears to be blood on the passengers-side front seat and a spray bottle of cleaner.
Monroe says the passenger side dash of the Elantra had an entry point and a projectile that investigators were able to remove. Photos of the entry point were distributed to jurors.
The drivers side back seat area, where the front passenger seat belt hangs from, also had a projectile collected from it, too, according to Monroe.
A white iPhone and a black LG cell phone were collected from the Elantra. The two cell phones were processed for prints, which Monroe says there were none, and the cell phones were ultimately turned over to TBI, says Monroe.
A .380 magazine was also located in the console between the front driver and passenger seats. It was loaded, according to Monroe.
A white iPhone and a black LG cell phone were collected from the Elantra. The two cell phones were processed for prints, which Monroe says there were none, and the cell phones were ultimately turned over to TBI, says Monroe.
A .380 magazine was also located in the console between the front driver
and passenger seats. It was loaded, according to Monroe.
Court has recessed for a short break. Proceedings are about to continue.
Court has resumed. The prosecution continues to ask Monroe about items found in the white Elantra.
Two AK-47 style guns have just been produced by the prosecution. Monroe says he recognizes them from the Harlow Dr. New Market location.
Monroe has just identified a Smith and Wesson gun located in a waterway by investigators. A magazine and bullets were also recovered from the waterway.
The defense has begun its cross examination of Monroe.
Defense attorney Koger is asking Monroe about the search for the weapons. Monroe says he used a 150 pound magnet on a rope, a weaker magnet on a stick, and a metal detector issued by his office.
Monroe confirmed that the second weapon was found weeks after the first one.
Koger: “It sounds like you found the second weapon in an area you had already searched.’
Monroe: “Yes, sir.”
Koger asked if Monroe was able to tell if the guns were rusty as a result of being in the water when he found it or as a result of rust built up since that time. Monroe was unable to confirm either scenario.
Koger asked if Monroe can tell the jury if there is a relationship or connection between the guns found and the bullet holes in the Elantra or the gun that was used to kill Warren Crutcher. Monroe said that he did not know.
Monroe has been dismissed from the stand.
Madison County Sheriff’s Office Investigator Kathy Shaw has taken the stand.
A sidebar between the prosecution, defense, and judge has just started.
Shaw says she processes cell phone for the Madison County Sheriffs Office. She says she can recover data from a cell phone that has been deleted.
According to Shaw, she can recover photos, text messages, gps locations, and other things.
Shaw conducted cell phone forensics on two cell phones Monroe recovered. Shaw says both phones were password protected, leaving her unable to access any data on the phones.
The defense has begun its cross examination of Investigator Shaw.
Shaw says the passwords on the phones were both standard numerical passwords commonly used on smartphones.
Investigator Shaw has been dismissed form the stand. She may be recalled at a later date.
Madison County Sheriff Crime Scene Investigator Jason McMinn has taken the stand.
McMinn assisted with the search warrant at the residence on Harlow Dr. in New Market on Oct 24, 2012.
McMinn is detailing photos of the firearms found at the Harlow Dr. location.
McMinn confirmed that the two AK-47 style rifles in the courtroom are the ones that were located at the Harlow Dr. location.
McMinn identified a Samsung cell phone and some Nike shoes that he located at the Harlow Dr. location.
McMinn also collected video surveillance evidence from Wavaho and Walmart.
McMinn confirmed that he was the investigator that located the Smith and Wesson pistol in the Flint River. He is describing the collection process.
The judge has given the jurors a short break before defense attorney Koger begins his cross examination of McMinn.
Court has resumed. Defense attorney Koger has begun his cross examination of McMinn. He is asking McMinn about the second search for a weapon at the Flint River.
McMinn confirmed a few details about how he found the gun in the Flint River and was dismissed from the stand.
A sidebar has been called.
The judge has instructed the jurors not to talk about the trial over the weekend. He called them a good group of jurors.
The judge gave a funny anecdote about a sequestered jury several years ago the wound up with two jurors getting married several months after the trial.
The state has requested to recall Investigator Kathy Shaw to the stand.
She has retaken the stand.
The state is attempting to clarify the chain of custody for the cell phones she was responsible for getting forensic data off of.
Investigator Shaw clarified the state’s questions and she was dismissed.
Court has been adjourned for the day. WHNT News 19 will bring you the latest information from this trial Monday morning when proceedings resume.
Good morning. Court is resuming this morning. This is day 5 of the trial.
First witness on the stand is Joseph Washington, he is an investigator with the Madison County Sheriff’s Dept. He responded to the crime scene on BH Reeves Road where Warren Crutcher’s body was found.
Inv. Washington notified the coroner at the scene. He says he collected a wallet with money, a cigarette lighter, a beer can, and another wallet on Crutcher.
Did the beer can prove to be evidence in this case? Washington says, no. It was just trash.
State is asking Washington to identify photos taken at the crime scene on BH Reeves Road in Madison County.
State just introduced 111th piece of evidence in this case.
The jury is now looking at the photos of the crime scene on BH Reeves Road.
Prosecution is going over a list of measurements with Washington. Washington says Crutcher’s body was approximately 47 feet from the road.
Wallet is introduced into the State’s exhibit of evidence, #113. The money from the wallet is #114. The photo of some of the cash is #115.
Prosecution is passing around photo of cash and personally displaying the wallet to the jury.
Prosecution is fanning out the money. It is a total of $619.
The Huntsville Utilities worker that found the body had gone into the woods to “relieve himself.” That’s when he found Crutcher’s body. Washington took a photo of the bottom of the worker’s shoes.
Washington testifies he took a photo of Crutcher’s ID that he found in the wallet.
Prosecution is asking Washington to open a brown bag. He opens it. “There are two black Air Jordan tennis shoes.”
“Are those the defendant’s shoes?” Washington says yes. He collected these shoes from the jail.
Washington testifies he watched Crutcher’s autopsy. “I saw three inch wounds in the back of the head, one exit wound on the front of his head over the right eye,” he says.
Washington says he saw two “projectiles” removed from Crutcher’s head.
Washington says Inv. Edde called him and said they had found a phone on Joe Quick Road. Washington took photos and diagrammed the scene.
Washington says they found a Glock and a white towel at Joe Quick Road as well. He photographed and diagrammed that scene as well.
The defense is starting cross-examination of Washington.
Koger only has a few questions regarding the weather the day Washington took the photos. It was sunny.
The State has called Brent Patterson to the stand. Patterson is a crimes detective with the Madison County Sheriff’s Dept. He investigates anything that has to do with murder..anything considered “major.”
Patterson was called to “crime scene #1.” He says he arrived at the Huntsville Highway house around 3 a.m. “It was just chaos, there was media set up everywhere.”
Patterson says he went to that scene just in case Lincoln Co. needed assistance. He never actually went into the Hsv Hwy house.
Patterson did not go to Foxwood Drive crime scene. He says he stayed at Huntsville Highway until around midnight, then went home to Huntsville.
Patterson says he was aware of Warren Crutcher’s name when at the Huntsville Highway house. “At that time he was a person of interest.”
Patterson went to crime scene at BH Reeves Road. “I made sure that the scene was secure, it was my case at that time, I worked the major crimes area.”
PATTERSON: “I noticed that he was wearing camouflage coveralls, he was lying on his back, it appeared he hadn’t been there very long.”
PATTERSON: “It appeared like he had limbs and leaves covering part of his body, trying to conceal him, so we couldn’t see him.”
Prosecution asks, “Could you discern where you entrance wounds were?”
“Without looking at photographs, no,” says Patterson. Patterson says he could see that there were holes in Crutcher’s head, however.
PATTERSON: “Based on the victim’s injuries that he sustained, there would have been enormous amounts of blood.”
Was this lacking in this instance? Patterson says yes.
Patterson: “He was wearing white high top tennis shoes.” Patterson recognizes the shoes in the photo that prosecution is showing him.
Patterson says there was a smear on his shoe. He testifies that with his observations, it was consistent with Crutcher possibly being dragged. Patterson says the bottoms of Crutcher’s shoes were clean. The area where he was found was muddy, says Patterson.
Patterson says “Face” was found at a residence on Harlow Drive and he was able to confirm his legal name, Zakkawanda Moss.
Patterson says he read him his Miranda Rights. Moss elected to waive those rights at first.
Patterson testifies that Moss told him he did not know Crutcher. He says he had visited the Huntsville Highway house to drop off dog conditioning equipment.
Patterson says Moss told Patterson that he knew of Henry Burrell, that he was more acquaintances with his brother.
Patterson says Lillie Burrell was one of two women that contacted them and wanted to speak to them about the murders. As a result of the interviews, roadside searches were made on Winchester Road, guns were retrieved, etc.
Patterson confirms that Moss is the man in the footage from the Wavaho station and Wal-Mart. He testifies that he was able to confirm that the card being used belonged to Warren Vincent Crutcher.
Patterson testifies that Moss asked to speak with investigators. A search warrant had been executed earlier that morning at Moss’s home on Harlow Drive. Patterson says Moss had already spoken with his wife and was aware that two AK-47’s had been taken from his home during the search.
Patterson says Moss waived his Miranda Rights again. Moss talked to Patterson. Patterson is confirming that Moss initialed next to each sentence on a piece of paper that has Miranda Rights printed on it.
Patterson says Moss told him he had worked part-time during winter months at a car wash, “On the Spot” on University Drive. He confirmed that employment had ended.
Patterson confirms during the interview, Moss was referred to as “Face.” He says Moss responded to that name.
Patterson testifies that Moss told him he had spoken to his wife and she had told him to “come clean.” Patterson says Moss started to tell him the following: “Late that night of October 22nd in the early hours…”
Proceeding now. Patterson says Face told him Burrell came to Moss’s house around 1 a.m. for a change of clothes and to hold a weapon, Moss said it was Burrell’s carry piece. Moss told Patterson he gave Burrell a change of clothes, he gave him a pair of Jordans (even though they did not fit).
Moss told Patterson that Burrell had a black shirt, blue jeans, and red/gray Jordan shoes on when he got to the house. Moss told Patterson he refused to hold onto the weapon.
Moss told Patterson and Sgt. Chaffin that he had a 40 caliber Smith & Wesson and two AK’s.
Patterson testifies that Moss told him Burrell arrived at his home in “Teen’s” car. Teen is a nickname for Crutcher.
Moss told Patterson that Burrell said he “made a jug.”
Patterson: Moss told him that Burrell then left the residence.
Patterson says he told Moss that he felt he still had more to tell him. “He was definitely holding back.”
Face told Patterson that he called Burrell, “Unc.” This might be a shorthand version of uncle.
Patterson says that Face was more forthcoming during the second interview. But he felt that there was still more that he wasn’t telling authorities.
Patterson testifies that Moss told him during the 2nd interview that he did in fact know Henry Burrell, through a “drug business.” He says he worked in the business with Burrell, Crutcher, and another protected witness.
Face told Patterson that he would find a beer bottle in the trash in the Huntsville Highway house. “I felt like he was letting me know, hey, you will find my DNA at that residence,” says Patterson.
There was another person, Moss told Patterson. He said the new guy was coming in between Crutcher and Burrell. Burrell felt he was getting cut out of the group.
“The gist of this story of Mr. Moss’s seems to be steering you towards Henry Burrell,” says Prosecution. “That’s correct,” said Patterson.
Patterson says Face made the comment: “whoever did this, there wouldn’t be any witnesses because they knew what they were doing and they covered their tracks.”
“He was in defeat mode,” says Patterson. He says Face’s head was hung low and he was crying during 2nd interview.
Patterson says Moss used the words, “someone got greedy.”
State has no further questions. Court is taking a lunch break before cross-examination. Be back in one hour.
Court has resumed. Defense is starting cross-examination of Brent Patterson.
Not many questions from the defense. Patterson is dismissed.
Thomas Stanfield is now on stand. Stanfield is the regional manager of Woodforest National Bank. He confirms ATM location in Wal-Mart in Huntsville.
Stanfield is confirmed transactions on the ATM’s. He testifies that there were two transactions in the early morning hours after the murders. In both: $800 requested. He says there were $0 given by the ATMs.
No cross-examination from the defense. Witness is released, does not have to come back.
Judge has sent the jury out of the courtroom. He is addressing the gallery. He says due to the sensitivity of the next testimony and photos that may be shown, he asks that family members of the victims leave the courtroom if they feel like they may get overly emotional.
Defense and prosecution are going through “graphic” photos with Judge Durard to see if they will be shown to jury or not. Each is making their own case.
Prosecution says photos are indicative of Amber McCaulley’s body being dragged through the garage in the house on Huntsville Highway.
Photos of baby Rico’s body are also being discussed. Although one of the photos is from far away and they are saying the baby’s body takes up about 5% of the photo, “there is a lot of blood that is visible.”
Defense has one more photo from Huntsville Hwy scene. Photo is of Campbell’s body, taken after she was removed from the bathtub and placed on a black plastic tarp.
Defense says he understands State’s position on this because it shows that Campbell is pregnant, she is face up on the tarp. Defense Attorney Koger says the medical examiner can testify to her pregnancy and the photo is not necessary.
Prosecution says it’s important to note that the unborn child is recognized under Tennessee law as a person. That is why they are defending showing this photo. “The jury needs to see that you can’t miss the fact that this lady is pregnant,” says prosecutor. .
Prosecution says it’s important to note that the unborn child is recognized under Tennessee law as a person. That is why they are defending showing this photo. “The jury needs to see that you can’t miss the fact that this lady is pregnant,” says prosecutor.
Koger has objections to a few of the Foxwood house photos that depict the body of Jessica Brown. They are going over these now. Koger says a few are redundant, not necessary to show jurors.
WHNT News 19 Interactive Content Producer Drew Galloway here, back in court to bring you the latest on the trial of Zakkawanda Moss.
Currently, the jury has been recessed while the judge reviews some potential evidence.
The judge has made several rulings about additional photographs of Jessica Leigh Brown, Amber McCaulley, and Rashad Rico Ragland that the state would like to introduce into evidence. Several photos were allowed and several were not.
A quick “smoke break” has been given to the jury before they come back in an testimony resumes.
The jury has returned from their break.
Tennessee Bureau of Investigation Special Agent Wayne Wesson has taken the stand.
Wesson Says he has worked “a couple of hundred” homicides while working for TBI.
TBI assists district attorneys across the state of Tenn. with violent crime and murder cases. They also have a forensic science division.
Special Agent Wesson says he was the lead investigator for TBI for this case.
He was called out to Huntsville Highway crime scene to investigate.
Wesson and a team of forensic scientists with the TBI were careful not to contaminate any evidence on the inside of the residence, including footprints and a blood trail.
Various pictures of the house were admitted as evidence. Wesson said the team of forensic scientists started gathering evidence and information outside of the house first. He is detailing the process of investigation.
Wesson says the blood trail found in the house appears to have began in the garage and come to an end in a utility closet. A shoeprint was lifted by forensic scientists.
The blood trail went through an area of pet-bedding-type material. Wesson says it appears Amber McCaulley was dragged through it.
Wesson is detailing pictures from the inside of the house now.
The judge has just addressed the jury that they are about to see some graphic evidence. Wesson is detailing a picture of Amber McCaulley’s back, along with a tattoo that helped identify her.
McMaulley’s shirt was rolled up when investigators found her, according to Wesson. He said it appeared to be from having been dragged across the floor. He also said her body was in an unnatural position, as if she had been thrown.
Wesson said baby Rashad Rico Ragland was found in the living room, near the hallway of the Huntsville Highway residence. Ragland was found with blood pooling away from his head and that he had an injury on the side of his head that appeared to have a pattern on it. Wesson said it appeared to be a shoeprint.
Wesson said 1-year-old Rashad Rico Ragland was found in the living room, near the hallway of the Huntsville Highway residence. Ragland was found with blood pooling away from his head and that he had an injury on the side of his head that appeared to have a pattern on it. Wesson said it appeared to be a shoeprint.
Wesson next went into the hallway of the residence, careful to not disturb potential evidence. There was an attic access in the hallway. Directly beneath that was a kitchen chair that appeared to Wesson to have a shoeprint in it.
Farther down the hall, Wesson and his team found Chabreya Campbell in the bathtub of a bathroom with her hands tied behind her back.
Wesson said there were as many at 3+ inches of water in the bathtub. Campbell’s face was found turned down in the water, according to Wesson.
A bedroom in the same hallway that Wesson said appeared to be Campbell’s had clothes thrown out on the floor and organizer drawers overturned.
Wesson said the house appeared to be fairly organized, with only a few items left out. The bedroom appeared to be out of the ordinary, according to Wesson.
The prosecution has begun asking Wesson questions about the house on Fox Wood Drive in Fayetteville where Jessica Brown’s body was found.
Wesson said that he was alerted that the two scenes could potentially be linked when he was summoned there.
Wesson said the door to the Fox Wood residence had been forced open by deputies trying to perform a welfare check on Jessica Brown and her baby.
Wesson entered the living room of the Fox Wood residence and noticed that the house appeared to be in disarray. Drawers were left open, a kitchen cabinet door had been torn off, and the return air vent was off the wall.
Wesson said that Jessica Brown was found face-down in the bathtub, much like Chabreya Campbell was, Wesson said. Brown had ligature marks around her neck, according to Wesson.
Wesson said several phone charger cords that had been broken apart were found throughout the house.
He said that the cords were found in her master bedroom, in the hall, and in the bathroom around Brown’s neck.
Several rounds of ammunition were found in another bedroom that fit the AK-47 style rifles, according to Wesson. The room appeared to belong to Warren Crutcher, Wesson said.
Wesson is detailing a picture of a shoe with missing shoelaces. He said that shoelaces were found on Jessica Brown’s body and had been used to help cause the ligature marks around her neck.
Wesson said the ammunition found in the bedroom that fit the AK-47 style rifle was out of the box and on the floor.
According to Wesson, Jessica Brown was face-down in the bathtub. Her hands were tied behind her back with shoelaces. Her neck had been cut from the ligatures around her neck.
The water had drained from the tub, but remnants of the water were still in the bathtub. Brown’s hair was still wet, Wesson added.
DNA analysis was performed on all the items collected at both the Huntsville Highway and Fox Wood homes by investigators, Wesson said. DNA from the victims, Zakkawanda Moss, Henry Burrell, and a third suspect were turned over to forensic scientists for testing.
The state has begun to ask Wesson about the cell phones and phone numbers that he investigated for possible evidence. Wesson said for instance that it’s possible to identify a location from data gathered from wireless carriers.
Agent Wesson identified Zakkawanda Moss as one of the two suspects that he arrested.
Wesson is detailing physical evidence collected, including shell casings and a bullet fragment from the white Hyundai Elantra.
A recess has been called so jurors can take a break. Proceedings should start back momentarily.
Court is back in session.
Agent Wesson has been dismissed with no cross examination by the defense.
Sergeant T.A. Miller has been recalled to the stand.
Miller is detailing an interview by investigator Brent Patterson and Zakkawanda Moss.
Miller was observing the interview between Patterson and Moss via monitor. When Patterson left the room for a break, Miller observed Moss take out a cell phone and either make a call or text on it. Miller informed Moss that no cell phones were allowed and confiscated the phone.
The phone was turned over to a forensic investigator with the Alabama Bureau of Investigation.
Miller identified Zakkawanda Moss as the man he took the cell phone from for the record.
The defense’s cross examination of Miller has begun.
Defense attorney Koger asked Miller about the type of bag that the phone was put in. Miller said the bag he put the cell phone in was a manila type envelope. The cell phone does not appear to be in the same bag that Miller placed it in.
The state asked Miller if he documented the reception of the cell phone. He had filled out paperwork that confirmed when he took the cell phone and what kind of phone it was.
Court has adjourned for the day and the jurors have been dismissed.
Stay tuned to WHNT News 19 for more coverage of this trial. WHNT will bring you the latest updates from the courtroom.
Good morning! We are back in Lincoln County. Court is resuming. First witness is being called to stand, Rhonda Killingsworth. Killingsworth is a latent examiner with Huntsville Police Department.
Prosecution is going over Killingsworth’s training and education requirements. She seems to be well-versed in performing ten-print and latent print examinations. She is currently listing her skills and training.
Judge Durard has just confirmed that Killingsworth is an expert on fingerprint analysis.
Killingsworth analyzed the fingerprints that were found on the Hyundai Elantra. She says she got the latents from Madison County Sheriff’s Dept.
No more questions for Killingsworth. Judge says she is free to go.
Next witness is on stand, Alex Brodhag. He’s a firearms examiner with the Tennessee Bureau of Investigation. He’s also a team leader for a violent crimes response teams.
Brodhag took his team to the scene at Huntsville Highway. He testifies that he has examined the firearms involved in this case.
Prosecution going over reports that Brodhag submitted in this case. He testifies he did comparisons with test fire bullets with multiple firearms involved.
Brodhag says he examined several guns involved including two AK-47’s and 3 pistols that the state has presented as evidence in this case. He says they all are operable.
Brodhag is says he identified the bullets that were removed from Crutcher’s head.
Brodhag says he identified the bullets that were removed from Crutcher’s head. Now discussing a luger pistol examination.
Brodhag testifies that the bullet from Crutcher’s head and bullet from the dash of the Elantra were fired from the same firearm.
Brodhag: His team marked all of the evidence in the Huntsville Highway home. They also took a video of the scene. Jurors are looking over photos of the marked evidence now.
After a short break, Defense is starting a cross-examination.
Koger is going over certain terms with Brodhag….casing, projectile, etc. He is trying to make sure the jury knows exactly what is being discussed if some aren’t too familiar with weapons.
Brodhag has been dismissed. State is calling next witness to the stand.
Next witness is Dr. Feng Li, the medical examiner who did the autopsies. Judge is warning the family that this will be graphic.
Dr. Li is board certified in anatomic, forensic, and clinical pathology.
October 23, 2012: Dr. Li testifies he performed an autopsy on Amber McCaulley.
Dr. Li: “There was a contact perforating gunshot wound, basically on the top of the head on the right side of the head.”
Dr. Li says penetrating means the bullet is still inside the body, perforating means the gunshot is through the body, “in this case, this is a perforating gunshot wound, the bullet went in and out.”
Contact wound defines the distance from the gun to the target. There are three categories: close range, intermediate range, and distant range.
Dr. Li says close range means the gun is held against the skin. “This case it’s a perforated contact wound, that means the gun is held on the skin and there is an entrance wound and an exit wound.”
Dr. Li says he noticed soot. Soot usually travels with the bullet. If it’s far away, the soot will drop–leaving no markings on the skin. If it’s close, the soot deposits inside the wound or on the wound.
“In this case, was there soot inside the entrance wound?” asks procution. “Yes,” says Dr. Li
Dr. Li testifies the exit wound was on the left side of the back of McCaulley’s head. Dr. Li says he noticed skull fractures, the brain had been bleeding, and there were injuries to the brain tissue.
He says he observed bruising in the eye, but nothing more than that.
After the external examination, Dr. Li performed an internal examination. He says he saw soot on the inside of the entrance wound. “Around the entrance wound, the soot is deposited there.”
There were very small fragments of copper jacket, consistent with a bullet.
Dr. Li says he imagines the victim was standing still. The wound is from right to left, top to bottom, front to back.
Hypothetically, if someone in her situation were seated in a vehicle on the left side of the vehicle, would that be consistent with the path of the wound? Dr. Li says yes.
Cause of death is gunshot wound to head. Manner of death is homicide. Circumstances–shot by one or more persons.
Dr. Li says he imagines the victim was standing still. The wound is from right to left, top to bottom, front to back.
Hypothetically, if someone in her situation were seated in a vehicle on the left side of the vehicle, would that be consistent with the path of the wound? Dr. Li says yes.
Cause of death is gunshot wound to head. Manner of death is homicide. Circumstances–shot by one or more persons.
Dr. Li says he performed autopsy on baby Rico. “He suffered multiple abrasions.”
“When I examined this child, I can see that there are head abrasions on the right side of the head, the right upper arm, the lips, multiple bruises on the left side of the head, back of the head, and lower lip.”
Dr. Li says on the right were abrasions that had a parallel pattern consistent with that of a shoe print on the right side of his head. On the left side, he says he saw multiple red-colored bruises.
The left side injuries, he says, would be consistent with his head being on a hard/laminate floor.
Dr. Li says he did an internal examination on baby Rico. He says there were extensive skull fractures and several areas of hemorrhaging. He says the fractures were in multiple pieces.
“Would you expect in this instance for the head to be mashed flat, like in a cartoon depiction?” asks prosecution. “It would be consistent with that,” says Dr. Li.
Prosecution asks if the injuries would be possible if the child was shoved or pushed down, or if he had fallen down. Dr. Li says, “inconsistent.”
Dr. Li says he performed autopsy on Chabreya Campbell.
“The victim suffered strangulation, when I examined her there was a ligature of a black scarf around her neck.”
Dr. Li says there were signs of strangulation around the neck, numerous hemorrhages on her eyes, eyelids, cheeks, and lips. “When the person was strangled, the blood will be accumulated in the head, the blood would not be able to return to the heart and the small vessels will burst into small hemorrhagic points.”
Dr. Li says there were multiple abrasions on both feet, ankles, and right shoulder. Campbell’s lower lip was lacerated. He says her hand was wrinkled. “When the hand is extended in a waterfall for an extended amount of time the skin will shrivel up.”
“Are the abrasions consistent with her being hit or dragged?” asks prosecution. Dr. Li says, “both.”
Cause of death: strangulation by other person/s. Manner of death: homicide.
Dr. Li says it was obvious that Campbell was pregnant and in her third trimester. As part of her autopsy, he removed the fetus. He says the baby was about a 30-week-old female.
Dr. Li: Weight: 1,280 grams Length: 37.6 cm
If a baby is born at the gestation of 30 weeks, would the fetus be able to survive outside the mother? “Yes, this is a viable fetus,” says Dr. Li.
The baby was completely healthy according to Dr. Li.
Dr. Li says it appears the baby was alive as long as Campbell was alive.
Dr. Li: “If the blood supply stops to the fetus, the fetus will die.”
Dr. Li examined the umbilical cord and the placenta, he says they both appeared normal.
Dr. Li performed the autopsy on Jessica Brown. She was 21 years old.
“I noticed hemorrhages on the forehead, eyelids, eyes, neck, cheek, inside the mouth,” says Dr. Li.
When he received Brown’s body, he says he did not have a ligature on her body. (Brown was found with a phone charger cable around her neck.)
“There are ligature marks and superficial abrasions on both wrists.”
On the internal examination, Dr. Li says he noted there was muscle hemorrhaging on the neck, mostly on the left side.
JESSICA BROWN: Cause of death: strangulation by others. Manner of death: homicide.
Defense is starting to cross-examine Dr. Li.
Defense is asking Dr. Li to confirm a few terms such as contusion, abrasions, etc.
We have just returned from lunch. State is calling next witness to stand.
Judge Durard has deemed Jennifer Spivey, a special agent forensic scientist at TBI, as an expert in latent fingerprinting.
WHNT News 19 Interactive Content Producer Drew Galloway here again today to bring you the latest from the trial of Zakkawanda Moss.
Special Agent Spivey has been detailing the process of collecting fingerprints to the jury.
Spivey was able to find a latent print from Moss on a beer bottle outside of the Huntsville Highway house.
Defense attorney Koger is asking Spivey about the other contents of the trash can where the beer bottle with the print was found.
Defense attorney Koger had Spivey clarify which items Moss’ prints were not recovered from.
Spivey has been dismissed from the stand.
The next witness, TBI Special Agent Littlejohn, has been recognized as an expert in microanalysis of shoeprint and tireprints.
Littlejohn is sharing with the jury how she collects tire impressions and processes evidence.
Littlejohn says even the same brand and kind of shoe can vary. One type of shoe uses many different molds and vary based on size, according to Littlejohn.
Shoes taken from the feet of Zakkawanda Moss were compared to shoe impressions taken from the garage of the Huntsville Highway house. Agent Littlejohn said the shoeprint was consistent with the size, shape, and tread of the right shoe of Zakkawanda Moss.
Defense attorney Koger objected to that statement and councils are now in a sidebar.
The judge has recessed the jury for a short break.
Court has resumed. The judge has instructed the jury to disregard the aspect of agent Littlejohn’s testimony where she said that the right shoe could have been the shoe that made the shoeprint.
In further testimony, the state asked Littlejohn if she could exclude Moss’ shoe as a possible shoe that made the print. Littlejohn could not exclude it as a possibility.
Eleven total shoeprints at the Huntsville Highway house were identified as being consistent with the size, shape, and tread of Zakkawanda Moss’ shoes, according to agent Littlejohn.
Cross examination of agent Littlejohn by the defense has begun.
Defense attorney Koger asked Littlejohn if she could say for certain that the shoes taken from Zakkawanda Moss were the shoes that made the imprints collected by investigators. Agent Littlejohn responded that she could not.
Littlejohn was dismissed from the stand.
Robert Griffith with the Alabama Department of Forensic Science has taken the stand. That department is the crime lab for the state of Alabama.
Griffith’s department handled that autopsy of Warren Crutcher.
Griffith has been dismissed from the stand with no cross examination by the defense.
The state has stated that the only witnesses left are extremely long witnesses. The judge is concerned about getting done at a reasonable time.
The judge has adjourned court until tomorrow.
The state has stated it expects to conclude its case tomorrow. If that is the case, defense Koger expects to start on Thursday, take the first half of the day to present his client’s case, then enter closing argument on Thursday afternoon.
Stay tuned to WHNT News 19 and whnt.com for the latest information on this case.
Court has resumed this morning. The jury is being seated.
First witness this morning is Dr. Emily Ward. Dr. Ward is a forensics pathologist and medical examiner.
Dr. Ward conducted the autopsy on Warren Crutcher on October 23, 2012.
GRAPHIC WARNING: This testimony may be disturbing.
Dr. Ward says Crutcher’s body had larvae on it…not yet to the adult form of maggots. She says he was covered in dirty material, branches and leaves.
Dr. Ward says rigamortis was present, “his muscles were stiff.” She testifies it develops 2 to 4 hours after death, the ambient temperature can also affect how quickly it develops.
Dr. Ward: “On the left side of his neck and the upper part of his chest, the upper layers of his skin has sloughed off.” Crutcher’s body had started to decay when the autopsy was conducted.
Dr. Ward: “He had three gunshot wounds to the back of his head, all three to the right side of the back of his head.” The one by his ear is covered in black soot material. The two others have abrasions around the wounds.
If you remember, soot in or near a gunshot wound indicates that the muzzle was very close, if not in contact with the skin.
There was an exit wound on the right side of the front of his head, just over the right eyebrow. There was three entrance wounds, only one exit wound.
This indicates that one of the wounds was a perforating wound–the bullet went in and out. The other two were penetrating, meaning the bullets were still inside Crutcher’s head.
Dr. Ward: “There were some particles of gunpowder that were stuck to his (Crutcher’s) skin, I took them off and preserved them so that someone could examine them if that were appropriate to do down the road.”
On the back of his right forearm there was a 1.5 inch abrasion, Dr. Ward says that would be consistent with Crutcher being dragged by his feet.
Dr. Ward: “They were deformed copper jacketed, medium caliber bullets.” Dr. Ward says she had them cleaned, photographed, and packaged up as evidence.
“His skull was shattered, the bones were broken into numerous pieces.”
“Would you expect to see a lot of blood in the location where a person was found with those injuries?” asks prosecution. Dr. Ward says it depends, there would probably be a lot of blood out of his mouth and nose.
Cause of death: 3 gunshot wounds to head. Manner of death: homicide.
Short cross-examination from the defense. Ward is dismissed. Next witness is being called.
Witness is Dr. Laura Boos, she works in the forensic biology unit at the Tennessee Bureau of Investigation.
She processes evidence for blood, semen, saliva–biological fluids that might produce a DNA profile. She then searches for DNA matches with the evidence.
“Last year alone, I tested more than 1,000 DNA samples,” says Dr. Boos.
Judge Durard has allowed Dr. Boos to be submitted as an expert in the field of forensic serology/DNA testing.
Dr. Boos says she went to the scene at Huntsville Highway. She says she was involved with the processing of that scene, collection of evidence, etc.
Jury is examining a diagram of the evidence markers of the Huntsville Highway. Dr. Boos says she matched DNA on a Corona bottle found near the driveway at the Huntsville Highway house to that of Henry Burrell.
Dr. Boos says she tested a Corona bottle found in the trashcan at the Hsv Hwy house. Due to insufficient DNA, a limited profile was obtained because the quality was not good enough, or there was not enough DNA. However, the DNA matched from the bottle was consistent with Zakkawanda Moss.
Next piece of evidence is a Bud Light beer bottle from the trashcan. Dr. Boos says she tested the mouth of the bottle and obtained a profile from two individuals–the major contributor matched Zakkawanda Moss.
The probability of another person having the same DNA exceeds the current world population.
A cigarette butt is the next piece of evidence. Dr. Boos says she tested the lip area. The DNA profile matched Warren Crutcher.
A Corona beer bottle is up next. It was found in the garage at the HSV Highway house. Dr. Boos says DNA found on that bottle matched Warren Crutcher’s DNA.
There was a stain on the bottle, it was blood. Dr. Boos says the DNA matched Warren Crutcher’s.
A white hoodie is the next piece of evidence.
Dr. Boos says she tested a blood stain from the hoodie. It matched Amber McCaulley’s DNA. The probability of another person fitting that DNA exceeds the current world population.
Stain #2 was also blood. Dr. Boos says it matched the DNA of Warren Crutcher.
Dr. Boos says she tested the inside of the neckline and sleeves to try to figure out who was wearing it, she says it was a mixture of DNA–major contributor was Warren Crutcher’s DNA.
Next piece of evidence is a box of glass beer bottles found in the garage. Dr. Boos testifies she found 3 DNA mixtures on the handle of the cardboard case, Warren Crutcher was the major contributor.
Dr. Boos says she found Warren Crutcher’s DNA on a beer bottle in the 6 pack. Next bottle, was unopened. There was a stain on a plastic bag, it was blood. The DNA matched Warren Crutcher’s.
A pull cord from the attic door in the Huntsville Highway house is now being discussed. Dr. Boos testifies there was a chair exactly beneath the attic and the pull cord. She says she swabbed the cord, and found human DNA. The profile was a mixture of two people. It was inconclusive because there wasn’t enough or it was decayed.
Belt from the wrist of Chabreya Campbell was tested. Dr. Boos says there was a limited presence of human DNA, it was consistent with 3 people’s DNA. But it was inconclusive.
Dr. Boos tested samples of a blood smear across the garage floor. The results were that the DNA matched Amber McCaulley.
The storm door handle at the house was swabbed. It was the handle leading from the garage into the kitchen. Dr. Boos testifies it had blood on it. DNA matched Amber McCaulley.
Now onto the scarf around Chabreya Campbell’s neck. Dr. Boos says there was blood on it, it was Campbell’s. The DNA matched two people–the major contributor was Chabreya Campbell. The testing was inconclusive to Henry Burrell’s DNA. She cannot say his DNA was on it, but she cannot exclude Burrell.
After a short break, court has resumed.
Dr. Boos tested the car seat covers recovered from the trash at the residence on Sunset Drive. Dr. Boos says she found no blood. Two floor mats had no blood on them either. On one floor mat, there was a blood. Dr. Boos says there was limited blood. It was consistent with at least 2 individuals, the major contributor was an unmatched female source.
The final floor mat had no blood on it either.
Two pairs of shoes were tested. The left shoe of Henry Burrell, blood was found on the sole of the shoe but there was not enough to do a match. There was DNA on the shoe however. The DNA profile obtained was consistent with a mixture of two individuals, Rashad Ragland Jr. and Amber McCaulley, but was inconclusive.
The right shoe of Henry Burrell had blood on the sole. Tests showed a limited presence of DNA. It was a mixture of two individuals, the major contributor was Henry Burrell.
A 9mm pistol magazine that was collected from Winchester Road is the next piece of evidence. Warren Crutcher’s DNA was the major contributor.
Zakkawanda Moss’s shoes are now being discussed.
Results of testing: the left shoe, upper area, had blood. There was a limited sample, not enough. It had human DNA, but it was inconclusive.
The sole of the left shoe had blood. There was not enough to do a test. There was human DNA, it was a mixture of two individuals, inconclusive.
Right shoe, the upper area had blood. But there was not a test due to limited sample. There was a limited sample of DNA. Inconclusive.
Sole of the shoe, no blood found.
The interior of the protected witness’s SUV was tested. The front passenger side, interior door trim had blood. Due to a limited sample, no test was done. There was human DNA–it was a mixture of 3 individuals, inconclusive.
The Hyundai Elantra is now being discussed. Two $5 bills were collected. One had a blood stain, too small of a sample. Human DNA was obtained, it was Amber McCaulley’s.
A copy of “The Hard Times” was found in the Elantra. It had blood, the profile matched Warren Crutcher.
A Corona beer bottle from the Elantra was tested. It had blood on it. It was Warren Crutcher’s.
A Corona bottle cap from the Elantra was tested. It had blood on it. It was Warren Crutcher’s.
A cigar package was tested, it had blood on it. It was Warren Crutcher’s.
A cigarette butt from the Elantra was tested. It had Crutcher’s DNA and blood on it.
A swab from the interior left front door handle of the Elantra showed blood. It matched Amber McCaulley.
Swab from left rear door threshold of the Elantra shows blood. Tests say it was Amber McCaulley’s.
Sample from left rear floorboard showed blood. It matched Amber McCaulley.
Right rear of the bumper of the Elantra shows Amber McCaulley’s blood.
Swab of interior right rear door handle had Warren Crutcher’s blood.
Right rear floorboard–Crutcher’s blood was found.
Right front interior door post–had Warren Crutcher’s blood.
Interior right front door handle had DNA. Two individuals–one was Warren Crutcher, it’s inconclusive if Zakkawanda Moss’s DNA was on it.
Steering wheel of the Elantra showed blood, it was Amber McCaulley’s.
Moving now to Foxwood Drive evidence.
Shoestrings from wrists of Jessica Brown: 3 individuals at least, major contributor was Brown and Crutcher.
“If the shoestring had been in his shoe, and that string was removed, could it potentially explain how his DNA is on that string?”
Dr. Boos says it’s possible.
Cord from Brown’s neck showed DNA from at least 2 individuals, major contributor was Brown.
Shoe string around Jessica Brown’s neck–no DNA from Brown.
A carpet swatch from the bedroom floor–tests showed blood. It was Jessica Brown’s.
Towel from Joe Quick Road did not show blood but it had DNA. Not enough to do a match.
Glock Model 17, 9mm pistol had no blood. Human DNA was on the gun. Inconclusive results due to limited profile.
Magazine from the Glock 9mm did not show blood, but did show human DNA. It was consistent with at least one contributor. But inconclusive results.
Last piece of evidence from State is a phone. Dr. Boos says tests showed human DNA from at least 3 individuals–the major contributor was Amber McCaulley.
We are back from lunch. Defense is starting to cross-examine Dr. Boos.
Koger is asking Dr. Boos to go over the findings on the shoes again.
WHNT News 19 Interactive Content Producer Drew Galloway here, back today to bring you the latest on the trial of Zakkawanda Moss.
Dr. Boos has just been dismissed from the stand. The judge and both councils are currently in a sidebar– the longest yet of the trial.
The jury has been dismissed while the judge discusses a possible witness with councils.
The jury has reentered the room and proceedings have resumed.
Bridgete Mcgraw-Holderen has been called to the stand. She in employed by the state of Alabama.
She knew Zakkawanda Moss in Oct.-Nov. of 2012.
She was aware the Moss was a person of interest in the murders at that time. On Nov. 8 2012, Mcgraw-Holderen met with Moss. On that day, Moss asked her “Doesn’t they have a certain amount of time to charge you with something.” Mcgraw-Holderen reported her exchange to law enforcement.
Mcgraw-Holderen was excused from the stand.
Madison County District Attorney’s Office Chief Investigator Kevin Turner has been called to the stand. He works with the violent crime unit and the gang and drug unit.
The judge and councils are currently in another sidebar.
The sidebar has ended.
Turner is detailing aspects of drug dealing.
Turner says that drug dealers often use cell phones to call or text clients when dealers get more supply in. He says dealers and customers often use slang to communicate each other.
Turner has detailed several phrases used by drug dealers on the streets.
With only one question by the defense, Turner has been dismissed from the stand.
The next witness, Nicholas Christian, has been called to the stand. Christian has a laptop computer that he will be using during his testimony.
TBI Special Agent Nicholas Christian works in the Technical Services Unit doing computer forensics.
Christian works a the Technical Services Unit to preserve and extract digital media from various devices.
Christian has been recognized as an expert in forensic data recovery.
Using forensic equipment, Christian has the ability to recover deleted information from a cell phone.
The internal memory of most phone will retain phone call data, text messages, and pictures even after a user has pushed ‘delete,’ according to Christian.
Christian conducted cell phone forensics on several cell phones pertaining to this case.
The last sent message Amber McCaulley’s iPhone sent was to a contact “Mama” stating, “My phone Finna die I’m coming.”
Christian also conducted cell phone forensics on a LG Doubleplay. Christian says he was able to recover a tremendous amount of data from this phone.
Christian is presenting a report with all the images from the Doubleplay to the jury.
Christian has shown the jury a picture of two AK-47 style rifles taken by the LG Doubleplay on Oct. 24, 2012 at 9:49 a.m.
Christian is detailing a conversation between Moss and a contact name “Unk.”
Among deleted messages is, “I’m comin with dude we gonna lick.”
Turner, an earlier witness, stated that “to lick” meant to rob someone.
Another message, “Wit Da lick,” was also deleted.
Christian is now detailing messages from the phone advertising “zip” and “loud,” both slang terms for drugs, according to Turner.
In his cross examination, defense attorney Koger asked Christian if he could confirm who exactly sent and received the messages based on the data he had. Christian could not confirm who physically used the device, only what data was transmitted.
The jury has been given a short break.
The jury has returned and court has resumed.
Fayetteville Police Department Detective Sergeant Adam Eubanks has taken the stand.
Eubanks is an investigator that specializes in conducting investigations using cell phones and cellular technology.
Eubanks is detailing the process that happens when an individual with a cell phone places a call to another cell phone.
Of particular interest are the cell phone towers that are the data transmitter and receivers for cell phones that allow them to communicate with one another.
Eubanks examined cell phone data from Henry Burrell, Warren Crutcher, and Zakkawand Moss.
The LG Doubleplay that belonged to Zakkawanda Moss accessed a T-Mobile tower near the Huntsville Highway house at 1:14 p.m. on Oct 21 to call Henry Burrell, according to Eubanks. When the call ended, a different side of the cell phone tower was being accessed, indicating that Moss was moving north toward Fayetteville.
Henry Burrell then called Moss two separate times at 1:23 p.m. and 1:25 p.m., according to Eubanks. When Burrell received the calls, he was well north of the Huntsville Highway home.
Moss then called Warren Crutcher at 2:33 p.m. where his phone accessed a cell phone tower near the Huntsville Highway location, according to Eubanks. Moss’ phone stayed in that location for approximately four hours.
The texts from Moss “I’m with dude we gonna lick” and “Wit da lick” were sent in the geographic area of the Huntsville Highway house, according to Eubanks.
At 2:58 p.m., Warren Crutcher received a call from an unknown individual that accessed a cell phone tower near the Huntsville Highway house. His phone remained in that geographic area until sometime after 7:04 p.m.
When Moss sent the text “I’m with dude we gonna lick,” he and Crutcher were in the same geographic area, accessing two cell phone towers in the vicinity of the Huntsville Highway home.
At 10:30 p.m., Moss’ phone accessed a cell phone tower on north Memorial Parkway in Huntsville.
Burrell’s phone received a call from his girlfriend at 10:35 p.m. very near the same location.
One of Warren Crutcher’s telephones accessed a cell phone tower at 10:35 p.m. to receive a call from Jessica Brown’s phone near the same area of north Memorial Parkway Moss and Burrell used their phones.
Burrell’s cell phone made a call at 11:00 p.m to one of Crutcher’s phones at a location in Huntsville.
Burrell received a call from Warren Crutcher at 11:52 p.m. just south of the Alabama Tennessee near B H Reeves Rd.
Moss placed a call to an unknown person 1:24 a.m. on Oct 22 which puts him in the same location Burrell placed his call.
At 1:25 and 1:27 a.m., one of Warren Crutcher’s phones attempts to call the same unknown person Moss placed a call to at 1:24 a.m.
Crutcher’s other phone attempted to the same unknown person at 1:28 a.m. in the same location.
The state has gone through 25 maps that depict the cell phone data gathered by Eubanks.
The defense’s cross examination of Eubanks has begun.
Koger asked Eubanks if the cell phone that has been attributed to Moss had a name associated with the account. Eubanks said the phone was a prepaid phone with no name.
After a few clarifications, Koger has ended his cross examination.
The state has rested its proof and case.
The judge said he expects to hand the case off to the jury on Friday morning.
Defense attorney Koger has asked the judge to consider including “Accessory After the Fact” in the charge to the jury.
The state has responded that there is ample evidence to convict the defendant and that there is no precedence to include Accessory After the Fact.
The judge said he would consider it, but he is not aware of any statute that says Accessory After the Fact is a lesser charge.
Good morning. I’m back in the courtroom. Court was supposed to start around 8:30. Stand by.
Judge Durard is in the courtroom. Defense Attorney Hershel Koger is asking for an acquittal of all 6 counts of 1st degree murder charges.
State is maintaining that they have ample amount of evidence to convict Moss.
“There is no doubt that these murders were premeditated,” says Judge Durard.
Judge Durard: “I believe we should take this to the jury. I’m going to deny this motion.”
They are trying to figure out if they want a particular witness to take the stand. State and defense are each making their case to Judge Durard.
I will not blog for the next few minutes, per Judge Durard’s request. Stay tuned.
Don’t worry, I’m still here. Judge Durard is reviewing a possible piece of evidence. I cannot go into further detail. Stay tuned for more.
Judge Durard has denied the Defense’s first witness to testify. The witness was deemed incompetent.
Judge has also denied a request to show a piece of evidence to the jury. The evidence was presented by the Defense.
It seems the denied witness was Defense Attorney Hershel Koger’s only witness.
Zakkawanda Moss is approaching the microphone with Koger now to address the Judge.
Judge Durard is letting Moss know that he does not have to testify, but it is his right to testify like any other witness.
Mos has decided to waive his right to testify.
We are going to take a lunch break. Judge Durard says charges will be read after lunch.
Charges will be read around 3:00.
District Attorney Carter: “We are confident in our case, and we’re prepared to present our closing argument at this time.”
We have returned from lunch.
Judge Durard is charging the jury. Closing arguments will be held at 9 a.m. tomorrow morning.
Judge Durard is reading over the charges and explaining each one to the jury. He is reading from a 45 page document. This will take a while.
Moss will have time to address the jury, if he chooses to, tomorrow morning.
Good morning everyone. Megan Hayes is in the courtroom, and says today’s proceedings are about to begin. Closing arguments will begin shortly and we’ll stream them LIVE in this post on WHNT.com.
The jury is coming in now. Judge Durard is seated in the courtroom.
Defense Attorney Koger has asked for a brief sidebar before closing arguments begin this morning.
State starts off closing arguments. Prosecution is thanking the jury for performing a civic duty.
State: “You know what was done to these 6 people was intentional, there’s nothing unintentional when you shoot somebody in the back of their head 3 times, or you shoot somebody one time, or you choke 2 women down in their bathtub, or you stomp a little boy in the head.”
State: “This was every bit premeditated, there was nothing unplanned or unintended. These two killers knew what they were going to do when they set it in motion in the late night hours of October 21, October 22nd.”
On the lesser forms of homicide being an option: “You don’t need to worry about that because you know these two people are guilty of murder, first degree.”
On Moss’s testimony: “He says he came to join Warren Crutcher and Henry Burrell in the drug dealing business.”
State: “The money is what creates that anger and greed that the defendant told Brent Patterson about.”
State: “Apparently it (money) wasn’t trickling down enough to the defendant and Henry Burrell.”
“They decide that they’re going to get what is theirs. We’re going to take it. We’re going to hit a lick.”
State: “(A protected witness) drives Burrell to meet the defendant.” State reminds jury that their cell phone usage shows that they are in the area of the Huntsville Highway house.
State is going over cell phone records from that day. “I don’t know what it means to ‘shack’ someone, but in the reference of ‘hitting a lick’, I can only imagine that it’s not good.”
State reminds jury that the cell phone examiner testified that messages were deleted from that day.
“We know as night wore on, Warren and Amber showed up at Warren’s mom’s house, he took a shower, then he got a call from Burrell. Burrell was wanting him to come get them.”
“Warren and Amber left, and that was the last time they were seen by anybody other than the defendant and Burrell.”
“Warren and Amber leave in the white Hyundai Elantra, and they pick up the defendant and Henry Burrell.”
“We know that Amber McCaulley was in that Elantra, her white iPhone was in there, her blood was in there too.”
“This is where the forensic science comes in handy.”
STATE: “The forensics show Amber was in the backseat, sitting behind the driver. Warren, he was shot in the back of the head 3 times, in the front passenger seat.”
STATE: “That Elantra pulls into the garage at the Huntsville Hwy house. The gunman is in the backseat behind the passenger, he fires 4 shots.”
“Amber probably didn’t have a gun so who you gonna kill first? Probably the guy with the gun, so Warren was probably killed first.”
STATE: “Warren isn’t taken out out of the car, but Amber is.”
State says Moss and Burrell go inside. “Now it’s Chabreya and little baby Rico’s turn.”
Prosecution says the reason they went to that house is because they were looking for Crutcher’s “stash.”
“They bind Chabreya’s hands, they’re choking her neck, and they’re dunking her in the water. You can call that what you want to, I know what I call it.”
State starts talking about baby Rico. Defense asks Judge Durard for a sidebar.
Back to baby Rico: “There’s no way to make sense of that, it appears though he just got in the way.”
“What possessed the defendant and Henry Burrell to stomp that baby to death, no one will ever know.” State is now showing a photo of Rico to the jury.
Prosecution is discussing the beer bottles that were found with Crutcher’s blood on them.
State: “What you can conclude is that Warren Crutcher was shot in that garage three times. You’re not going to be able to ransack both of his houses with him still in the picture.”
STATE: Then, Henry Burrell and the defendant went to 4 Foxwood.
“They go in, grab Jessica, tie hands just like they did Chabreya, they put her face down in the bathtub and they choke the life out of her.”
“They ransacked that house.”
Prosecution says the house was almost destroyed because they were searching for the money or dope.
Prosecution says they aren’t sure how much dope or money was actually received from the houses. But what they do know, is that they got exhibit 8 and exhibit 9. The prosecution is displaying two AK-47 rifles.
STATE: “You know that these were Warren Crutcher’s guns, prior to the defendent murdering Warren Crutcher and the other victims, and taking the guns.”
“You know how many people mess with you when you come around with these? Not many.”
STATE: They left that house, sparing 7-week-old Jayden Crutcher’s life. Just like they had done 3-year-old Vinnie Crutcher’s in the other house.
State says at that point, the defendant and Burrell dragged Crutcher’s body off the road at BH Reeves Road.
“They knew that this is a crime that is going to be investigated, heavily investigated. When you’ve murdered this many people, including a pregnant woman, an unborn child, a little baby stomped to death, the best way to get away is to get them in the wrong direction.”
State is saying that the defendant and Burrell were trying to frame Crutcher.
“They weren’t going to take him out and take his stuff, they were going to make him look like the perpetrator in this.”
“If it weren’t for an Alabama utility worker needing to pee, they might not have found Warren Crutcher for a long time.”
State says Burrell and Crutcher then dumped the Elantra in Huntsville at the Outlook Apartments. Now, they need a ride.
State says Burrell calls the protected witness. The number wasn’t Burrell’s number. It was Zakkawanda Moss’s. The cell phone analysis shows the protected witness moving from Fayetteville to Huntsville.
State: That is fact supporting fact. The protected witness can’t make up cell phone records, but we know that person made the drive to pick up Burrell and the defendant.
STATE: The protected witness testified that she smelled “an awful smell” when they got in the car. That smell was blood.
STATE: The protected witness says she drove them to Wal-Mart, but first Moss said “check me, make sure I don’t have any blood on me.”
Warren Crutcher’s debit card was used in two attempts at that ATM to get $800.
Next, they go to the Wavaho station. The video shows Moss walking in and trying to use an ATM there.
Heading east on Winchester, they start tossing evidence. They cross the Flint River, “BAM!” State says that something hit a window on the way out.
STATE: The protected witness testified, “they told me to slow down.”
Two pistols were found in that river.
STATE: They get to the defendant’s house. Moss changes clothes, Burrell changes clothes. Moss takes in two AK-47’s that he retrieved from Foxwood Drive. Burrell and protected witness leave.
STATE: Protected witness and Burrell go back to Moss’s, they pick him up. They go to a dumpster on Jonathan Drive, and he puts it in the dumpster. The trash got picked up before law enforcement could get there.
They go to Lillie Burrell’s. Lillie testified that her brother and Moss were acting Strange.
Prosecution is now talking about how Moss says he claimed, at first, that he didn’t know Burrell that well.
“His story on the 26th changes radically from beginning to end.”
State on Moss’s story changing: “There is only one reason he lied, he’s guilty.”
STATE: Talking about Amber maybe using Moss’s phone since hers was dying. “Her phone died. She died. She didn’t know it but she was leaving a trail of DNA on his phone.”
State: I’ll admit, we put up a lot of witnesses, and we asked a lot of questions of those witnesses. But this is a very important case, and we’re asking y’all to make a big decision. And when we do that, we want you know that the law enforcement that worked this case, and you heard from dozens and dozens of them.
You need to know, those people laid it on the line to get everything they could so that when we’re here today, you could rest comfortable with the verdict.
State: They kept looking, the kept digging, it didn’t stop. When we come up here and tie up your time for two weeks, it’s because we want you to have as much information as possible.
State: The greatest frustration of any prosecutor is to not be able to bring in the precise fact, who was the trigger man? Who was the getaway driver?
We know the two people. Everyone wants to know who did what. But under criminal responsibility, he’s guilty of first degree murder based on his conduct, Burrell’s, and the conduct of the two.
State: “The hardest point for the prosecutor is to just sit down and let it go.”
State: It’s about Amber, Chabreya, that little unborn girl, baby Rico, Jessica, and Warren. Their voices have been silenced, they can’t do it. And that’s why we’re here. When you kill all the witnesses, they can’t come here and say he was the driver he was the one that choked me.
But they can look down, they can see they can hear, and they want justice.
State: “He is guilty. Thank you.”
Judge Durard has given a short break before Defense starts its closing argument.
Court has resumed. Defense is starting their closing argument.
Defense Attorney Hershel Koger: “We don’t make up evidence, I’m not going to tell you anything that hasn’t come off that witness stand.”
Defense: You have to rely on your own recollection of what you heard. And you talk to each other. That’s part of your duty, to listen to each other.
Defense: If you’re the one x against all the other y’s, you have a duty to listen to the y’s. But they have a duty to listen to you. But if you’re the lone x, you have a duty to stick to what you believe.
Defense: It appears the State’s theory of what happened has changed from two weeks ago to today. The State’s opening theory was that Warren Crutcher was taken from house to house and there these women were used as leverage. That was the State’s theory two weeks ago.
Defense: Now, an hour ago, the State’s theory has changed to Warren Crutcher was shot in a car in a garage, and so was Amber.
Defense: “That’s called a theory because that’s what it is, it’s not fact, it’s not evidence.”
Trials are like puzzles, but this is not like a puzzle because you don’t have the benefit of the box top.
Defense: Filling in the blanks has to be based on evidence, not speculation, not far out thoughts.
Defense: Facts have been introduced, lawyers are already telling you what you already heard. The Defense theory is always going to have a different angle, because the State has to prove beyond a reasonable doubt, but they are going to have to prove that my client is guilty of first degree murder.
Defense: There is a thought that Warren Crutcher was a low-level drug dealer. The way this works, you either got cash or you got drugs.
Defense is saying that the State’s theory is mostly speculation.
Defense Attorney Koger: “It is never on my to disprove anything in this courtroom.”
DEFENSE: The State has got to fill in the blanks, beyond a reasonable doubt. There are so many holes in this puzzle. Yet, put it on the board and you still don’t know what it looks like. It’s not enough, it’s not enough to convict my client.
Maybe it’s enough to convict Henry Burrell, but that’s another trial and another jury and another time.”
DEFENSE: There is no proof the shooting occurred in a garage in Lincoln County, TN.
Defense Attorney Koger is really pushing the difference between theory and fact.
Going back to Huntsville Highway home now. State says defendant’s shoes are the prints walking around the home, close to Rico. Defense is arguing now that the witness didn’t say those shoes caused the prints.
They are a popular shoe, Air Jordans.
Defense: The theory that Warren Crutcher did a lot of bleeding in that garage….well what did we learn about blood? Certainly you can bleed on stuff. Common sense–it can be transferred.
Defense: When we see this photo of my client wearing an off white shirt, you don’t see any blood on my client.
Defense; We have to be careful with respect to speculation.
Defense: With respect to the Elantra, there’s no DNA that can be attributed to my client. Something for consideration, is the video from the Wavaho where Moss goes in to the ATM and then a few minute later (protected witness) comes in, she puts her hand on Moss.
Defense: That’s the same person that came in here, got on the stand, and was very emotional. That’s one of those things, you can take it for what it’s worth.
Koger reminds jury that Crutcher’s blood was found on wall at Foxwood home. How would it have gotten there?
Defense: What started out as a mystery and in large part, has ended up a mystery. I am requesting based on the evidence that you got, not speculation, that my client is not guilty.
Defense: If the best you can do is “maybe he was involved–maybe he did it,” that’s not beyond a reasonable doubt. If the best you can do is “he probably did it,” that’s not beyond reasonable doubt. If the best you can do is “he more than likely he did it, that’s not beyond a reasonable doubt.
State has a final word.
District Attorney Rob Carter is addressing the jury.
Carter: Look over here. Look at the holes in the puzzle. You may have every bit of a puzzle with a giraffe, but hes missing his tail. You will know that his tail is missing.
Carter: Premeditation. The evidence shows this is a case of premeditated murder.
Carter: The theory that this defendant did not have reflection and judgement from shooting Crutcher 3 times in the back of the head is not consistent with the evidence. The reflection and the judgement to stomp baby Rico’s head is proven in evidence because the last thing Dr. Li told you was multiple blunt force traumas to the head.
That is the definition of reflection and judgement when you pull it once, and you do it again even though you don’t have to.
Carter: You’ve got every one of the guns that the protected witness told you they were thrown out. You heard that the Glock that was over there, found close to that white towel on Joe Quick Road was identified by that protected witness that was in the drug dealing business as Warren Crutcher’s gun.
Carter: You don’t have the murder weapon and you don’t have the cash because they didn’t put it with the other guns. Those items were treated as unique and special, and I don’t know where it is.
Carter: Nobody says when you walk through that door, you gotta check your common sense. Don’t fall for that.
Carter on the Air Jordans: That pattern found at the Huntsville Hwy house is in the same class as these shoes. They are also the same size.
Why is it important? Moss told Burrell: we wear different size shoes.
“There is only one man in this courtroom today wearing those shoes, that was sending text messages saying “I’m with the lick.”
Carter on lack of fingerprints: Protected witness said when she picked Moss and Burrell up, they had long guns and gloves.
Carter: “You know why these murders occurred. You know when it occurred. You heard form all those family and friends.”
Carter: You know why, you know how, you know when, you know where.
Carter: You know where Warren Crutcher was killed. He was killed in that car and he was killed in Tennessee.
Carter is going over what criminal responsibility means.
Carter: “These AK-47’s started at Jessica Brown’s, these AK-47’s are found under this man’s bed in New Market, AL.”
Carter: If all you did was lend your buddy some clothes, would you look around and ask am I good? Am I covered in blood? If all you’re doing is toting guns? I think no.
Carter: The State asks that you find the defendant guilty, that you take that jury verdict form, and on each 6 counts, you mark guilty. Beyond a reasonable doubt, you can do it today.”
Judge has dismissed the jury. They will pick the alternate 4 jurors soon. They will continue to sequester all jurors.
We are breaking for lunch. Will be back around 1:15.
We are back from lunch. Judge Durard has drawn 4 alternates. 2 men and 2 women will serve as alternates.
The jury is now deliberating.
Moss has been reseated in the courtroom and the judge has just sat down. They jury has not reentered yet.
There is some action happening in the courtroom. Stand by for the latest information right here on our courtroom blog.
A verdict has been returned. The jury is reentering the courtroom.
Judge is reading the verdicts right now for the victims and confirming these with jurors.
Moss has been found guilty on six counts of first degree murder.
The judge has begun talking about dates for Moss’ sentencing.
Moss’ sentencing hearing is set for January 21st.
Court has been adjourned.
Family members of the victims are hugging and crying. This is a very somber day for many, but justice has been served by the court.
Moss has been taken into custody, where he will await his sentencing.
Thank you for staying with us throughout this process.
Henry Burrell is also charged in the case and will be tried separately on February 6, 2014. WHNT News 19 is committed to bringing you the latest information on his trial.