MEMPHIS, TN -
(WMC-TV) - Action News 5 is blogging the trial of James Hawkins, a Memphis man charged with first degree murder in the death of his live-in girlfriend, Charlene Gaither.
Hawkins is accused of killing Gaither. After the murder, Hawkins admitted to police that he cut of Gaither's hands, head and feet, before dumping her torso in a secluded area, and other body parts in another location.
Hawkins allegedly forced his daughter, who was 12-years-old at the time, to help him dismember her mother's body.
Hawkins defense is arguing that his daughter killed her mother, and then he helped her cover it up.
Hawkins tried to plead guilty to dismembering the corpse, and filing a false report, but the judge would not consider his pleas, since he said they should have been entered before the jury was sworn in. The judge says now that the jury has already heard the charges it would prejudice them.
Refresh this page throughout the day for live updates from the trial.
9:00am - Action News 5 web producer Stuart Ervin will be blogging all the proceedings from inside the courtroom today.
Also this morning, jurors will be traveling to northern DeSoto County to see the spot where Gaither's body was found. We expect things to pick back up in the courtroom after this brief trip.
10:55am - This is Stuart Ervin. I will be blogging the trial today. Attorneys have gathered in the courtroom. Today's proceedings should begin very soon.
11:07am - People talking, milling about. Trial has not begun yet.
Judge just said, "I'm ready when you guys are."
11:15am - We still haven't started for the day and the first pitcher of water at the prosecutor's table is already empty.
11:22am - And we're off! James Hawkins has entered the courtroom. He is wearing an off-white button down shirt.
Judge is explaining the jury's trip to DeSoto County this morning. Defendant was in a squad car in handcuffs while the jurors surveyed the area where the body was found.
11:41am - Lengthy discussions between attorneys and judge before the jury enters.
Jury is being brought in.They've taken their seats.
First witness called: Officer Nancy Trentham. She has been sworn in.
Trentham is an officer with the MPD. She has been with the MPD for over 7 years. She is currently in the OCU.
In January of 2008, Trentham was called to the Wyngood Manor Apartments.
11:54am - Trentham spoke with Charlene Gaither outside between two apartment buildings. Her two sons were with her. Gaither advised that she believed something inappropriate was going on with her daughter and Hawkins.
Gaither had called the police. Trentham described Gaither as upset, but fairly calm and otherwise healthy.
Trentham said Gaither saw Hawkins and her daughter laying on a bed, watching television.
Trentham and her partner went inside the apartment and spoke with Hawkins and the daughter.
Trentham described Hawkins as calm and cooperative. The daughter was also cooperative. Quiet, soft-spoken but answered Trentham's questions.
Trentham's questioned the daughter on her own. Her partner was with Hawkins.
Trentham and partner advised Gaither that they could not force her daughter to leave with her. Neither parent had paperwork showing they had custody.
Trentham said Gaither became much more upset at this point.
Defense now questioning Trentham. She says the call she received was some kind of domestic call, but she can't remember what kind.
Trentham says there was no sign of a domestic struggle at the time.
The daughter told Trentham at the time that there was nothing inappropriate going on with Hawkins. Only person who seemed upset at the time was Gaither.
12:01pm - Trentham said daughter told her that Gaither had her around men who touched her. She indicated to Trentham that she did not want to go with her mother.
Gaither had a hard time pinpointing an exact date as to when the inappropriate behavior with her daughter and Hawkins occurred. Trentham needed a date for record-keeping purposes.
The daughter told Trentham that she had told on people in the past.
Trentham said the daughter told her that Gaither did not believe her in the past when she said she had been abused.
12:11am - Whispered discussion between attorneys and judge. Been going on for 2-3 minutes already.
Trentham reiterates that she is a regular patrol officer and not a domestic officer. She says she still gets calls for domestic situations.
Issue at hand when Gaither called was basically child custody issues. Trentham wrote memo to Child Advocacy Center.
Trentham says as far as she knows, Hawkins was inside the apartment the entire time she was there.
After Gaither was informed she could not make her daughter leave, she told Trentham the inappropriate behavior had occurred the day before she was called.
Defense questioning again. Trentham says the only action taken at the time was a memo to the Child Advocacy Center. No evidence of a domestic situation or inappropriate behavior between the daughter and Hawkins, at least to Trentham.
State presenting Trentham's original report to her to clarify what she classified the situation as. Exact word used in report was "domestic." Just domestic.
12:24pm - Trentham steps off the witness stand.
State calls Debora Coffman to the stand. She works for Citizens Dispute. They take orders of protection from people seeking protection.
Coffman interviews clients seeking protection. She is explaining her job and the process of an individual being given protection.
When a temporary order of protection is given, the client is given a court date to attend. They can then have that order of protection extended up to one year.
State mentions January 15, 2008. Paperwork not always generated when Coffman counsels a client.
Eight-page document handed to witness. Intake form for Citizens Dispute. This intake form was filled out January 15, 2008 by Charlene Irvin. Complaint filed against Hawkins.
Irvin (Gaither) indicated Hawkins as her children's father and also boyfriend.
12:36pm - Coffman described in the paperwork an incident on January 12, 2008 where Gaither was moving and Hawkins thought he was moving with her. When he found out he wasn't, he pulled her hair. She also said in the paperwork that her daughter had changed and that Hawkins wanted her around a lot. "I hope he's not molesting her," Coffman reads from the paperwork.
Gaither indicated to Coffman that she just wanted Hawkins away from her and her children.
Coffman continues to go over the paperwork.
Gaither asked in the paperwork that Hawkins should attend counseling for violence of substance abuse. She also marked that Hawkins owned a firearm, but had not used it against her or threatened her with it.
Gaither indicated in the paperwork that she had received 20-30 threatening phone calls from Hawkins. She said Hawkins told Gaither in one phone call that she knew she was wrong for taking the daughter. Hawkins said he could get her without having to touch her, that someone else could get her.
Gaither said two other people heard Hawkins' threatening phone calls.
Coffman said she remembered Gaither when she heard she was killed. She said Gaither appeared healthy when she met with her on January 15, 2008.
12:47pm - Defense now questioning Coffman. She says Hawkins was never served with the order of protection.
Going back to the incident on January 12, 2008. Asks if it would be important to know that MPD had come to the house on the same day as the allegations in Gaither's paperwork.
Coffman knew, based on Gaither's answers in the paperwork, that the police had been called and a report had been filed.
Coffman had no knowledge that the daughter told police that friends of her mother touched her.
At the initial end, phone records are not checked to verify that the 20-30 threatening phone calls were actually made. That would not come until the hearing.
"That's not what we do," said Coffman. They take the client at their word and then it's their job to prove the information in court. In this instance, the case never got to court.
Attorneys approaching bench after questioning by defense.
12:51pm - State showing Coffman a document titled "Information about this Complaint."
Gaither also said Hawkins was "not arrested for his violence."
Coffman said Gaither was "very" worried about her kids. She only said he had pulled her hair.
Juror raises his hands. "It's break time." Lunch break until 1:50pm.
1:54pm - Back in the courtroom. Trial should resume shortly.
2:06pm - Court is back in session. Hawkins has been led back into the courtroom. He is holding documents.
2:20pm - Attorneys discussing photographs of the victim with the judge. Discussion going on for over five minutes now. The question is whether or not to show these pictures of the victim to the jury.
Photos may or may not be used as evidence later in the trial, judge says.
Discussion continues, been going on for a good 15 minutes now.
Judge will not allow the photos in "at this time."
2:30pm - Attorneys finally walk away from the judge. Court is back in recess temporarily.
Defense attorneys discussing something with Hawkins. He is listening intently.
Attorneys approaching the bench again. Court is back in session after brief recess.
2:37pm - Judge swearing in Hawkins for a stipulation. Discussing the cause of death with Hawkins. Stabbing, strangulation, or a combination of both. Hawkins has the right to deny that this is the cause of death.
The discussion with Hawkins has to do with the photos being shown to jurors. He is agreeing to the stipulation.
Jury has been led back into the courtroom.
2:47pm - Judge explaining delay to jurors. "We took a half hour to save time later."
State calls Melvin Gaither to the stand. He is sworn in.
Melvin Gaither was married to Charlene Gaither in September of 2003. Melvin and Charlene Gaither lived in Covington, TN. In 2007, the Gaithers were still married.
Melvin Gaither worked at LeBonheur. He says he supported Charlene Gaither's children and loved her.
Around Melvin Gaither's birthday in September of 2007, Charlene Gaither came home and told Melvin Gaither that he had gotten a call from Hawkins. Melvin Gaither knew Hawkins to be the father of her children. Melvin Gaither said Hawkins had been out of her life.
Melvin Gaither said the talking on the phone continued after that. He would call several times to talk to Charlene Gaither and her children.
October 2007: Charlene Gaither came home and told Melvin Gaither to move his car. Hawkins was with her, as well as the children and two other men. She said Hawkins was getting ready to move her out of the house.
Melvin Gaither identifies Hawkins in the courtroom.
Hawkins and the two men moved Charlene Gaither out on October 18, 2007. Charlene Gaither told Melvin Gaither she had found an apartment in Memphis and she was moving out. That's all he knew.
2:54pm - For the next month, the only real contact between Charlene and Melvin Gaither had was business-related, Melvin Gaither said.
Melvin Gaither said first real contact came Christmas Day, 2007. Melvin Gaither spent the day with his family. He met Charlene Gaither and saw a movie then went to the IHOP on Union Avenue.
Charlene and Melvin Gaither spoke at IHOP. Charlene told Melvin Gaither that her life was being threatened by Hawkins and that she wanted to get away from him. He told her if she believed that was taking place, then she should possibly get away. They met that Christmas Day for 4-5 hours. Charlene Gaither told him the children were at Hawkins' mother's house.
Melvin Gaither saw Charlene Gaither 10 days later in Millington, TN in the Walmart parking lot. She arranged to meet Melvin Gaither over the phone. They met and talked in Melvin Gaither's car in the parking lot.
Charlene Gaither told Melvin Gaither that she needed to get her children out of the house because Hawkins had threatened to her. He asked her, "What does he want to do to you?" She replied, "I think he wants to kill me."
2:59pm - They met again in Millington on January 16, 2008. She told Melvin Gaither that she was having a lot of problems getting her children to come with her. She also said Hawkins threatened her again and told her he could do something to her "without touching her."
Melvin Gaither spoke with Charlene Gaither on the phone one more time before her death. He said he heard about something that happened to Charlene Gaither "on the news."
Attorneys now speaking with the judge.
3:12pm - Defense now questioning Melvin Gaither. Melvin Gaither was 44 when he married Charlene Gaither, who was 24 at the time. Melvin Gaither filed for divorce in October of 2007.
Melvin Gaither says he was not angry at the time, just hurt. No anger towards Hawkins.
Divorce papers were signed and notarized January 10, 2008.
Melvin Gaither says he never told Charlene Gaither to call the police, nor did he call the police himself.
He says he did not give Charlene Gaither any money any of the times they met.
On the January 16 meeting, Charlene Gaither apologized to Melvin Gaither about the way she left him and that he wanted to get back with them, he says. She again reiterated to Melvin Gaither that she wanted to get her kids and herself away from Hawkins.
Melvin Gaither said he did not know Charlene Gaither called police on January 12 or that she had sought protection from Hawkins.
Between October 18, 2007 and December 25, 2007, he says he and Charlene Gaither talked on the phone once or twice a week.
Defense attorneys speaking with Hawkins at the moment.
3:18pm - Melvin Gaither only spoke with an officer for the first time about Charlene Gaither for the first time last month. He said he knew of Charlene Gaither's death since February of 2008.
Melvin Gaither says he "was never asked" to talk about the conversations with Charlene Gaither between Christmas Day, 2007 and January 16, 2008.
Melvin Gaither leaves the witness stand.
The State has called Officer Kimberly Houston.
3:28pm - Houston was called to an apartment in January of 2008 where she saw Hawkins and three children carrying groceries.
She asked Hawkins if he had called and he said yes. He said it was concerning his girlfriend missing. He did not name her at the time.
Houston noticed a lot of moth balls when he was entering Hawkins' apartment. Hawkins said the moth balls were to keep cats away. She also smelled a strong scent of bleach and ammonia. Houston said it made her eyes water.
Houston said the door to the apartment adjacent to Hawkins was open. Hawkins said the apartment was vacant.
Hawkins told Houston that he and his girlfriend got into an altercation and she left. At that time, Hawkins told Houston his girlfriend's name, Charlene Gaither.
Houston then questioned Hawkins. Hawkins could not describe the car she allegedly left in. He said the altercation was "about the kids." Hawkins had to ask the daughter what the last thing she was wearing. Houston said the daughter acted angry. Hawkins could not provide the names of friends or family of Gaither. He also gave her a disconnected phone number for Gaither.
3:36pm - According to a report, Hawkins said he last saw Gaither on February 9, 2008 at 9:00 a.m.
The children kept unloading groceries while Houston questioned Hawkins. Hawkins then asked the children to go out back.
Hawkins could not identify the vehicle he said Gaither left in. He said they "argued all the time" and that she would leave and usually come back.
Houston stayed close to the door because the scent of bleach and ammonia were too strong in the apartment.
Jury is being shown the apartment where Houston went and questioned Hawkins. Houston is identifying the apartment, as well as a photo of the stairs to the apartment. Now she is being shown a picture of the door to Hawkins' apartment and the kitchen where the children were unloading groceries.
Houston described Hawkins' demeanor as "calm but confused." She said he could not give her a straight answer on anything. He said "I don't know" or had to ask someone else.
Houston did a missing persons report and put out a broadcast, including her name, age, the last time Hawkins saw her and her height and weight.
3:49pm - Defense now questioning Houston. Asking why moth balls and strong smell of ammonia and bleach were not mentioned in her report. Houston said it was not pertinent information for a missing person report.
Children were uncertain about the color of clothing Charlene Gaither wore when she reportedly went missing.
Houston did not have the chance to do any follow-up investigation about this case.
State now questioning Houston again. Asking if she puts every single detail into her reports. She said she does not include certain details based on the classification.
Houston said she was reprimanded for even making the report. The missing person report was not "justifiable." That is why she remembers details about this particular incident.
Houston said she learned the next day that Gaither was deceased. She was told she now gets "an A-OK" for the report since they found her dead.
Houston has left the witness stand.
3:57pm - Judge tells jury they will work until about 5:30 p.m. tonight.
Mike Pate, a detective with the DeSoto County Sheriff's Department, has taken the stand. He answered the call of a body found on Valentine's Day, 2008.
Other investigators were already on the scene when Pate arrived. Crime scene tape was already around the scene where the body was found. It was on the westbound side of Highway 78, Pate said.
Pate is being shown photographs of the location where the body was found and pinpointing exactly where the crime scene was.
As Pate got closer to the crime scene, he saw the body. He began taking photographs of the scene. Pate is identifying a photo he took of the body from a bridge on Highway 78.
Pate is asked if he had ever seen a body in that type of condition before. "No ma'am," he replied.
4:13pm - Pate says he took 100 or more photographs of the crime scene. He took close up pictures of the victim's body. He says it appeared as though her head, hands and feet had been cut off. Her neck was missing also. The cuts were made on her mid-forearms.
Pate said there was dirt in the wounds. They were cut straight through. He said it appeared as though the body had been dropped at the top of the hill and then rolled down.
Pate said he believes the left leg was cut at the lower shin. The right leg had three cuts.
Pate described the cuts as "very deep cuts" and "large gaping wounds."
Pate did not notice any other kinds of wounds, including stab wounds or gunshot wounds.
Pate is looking through a box of evidence collected at the crime scene, including a condom, an unfired bullet and a large knife. The evidence was taken, although it was unclear if it had anything to do with the body.
4:22pm - Some of this evidence was found miles away from the scene, Pate said.
Judge marks box of evidence as "box of stuff."
At the end of the day on February 14, 2008, Pate says they had still not identified the body. On February 15, Pate came to 201 Poplar a mucal swab sample of the possible mother of the victim. The mucal swab was from Geraldine Irvin. He took it to Jackson, MS as he escorted the body.
Pate observed the autopsy of the body in Jackson. Pate described the external examination of the body. The actual autopsy then began. Close to 200 photographs were taken of the body at this time.
Court is in brief recess so the jurors can have a break.
4:45pm - Court is back in session. Pate is still at the witness stand. Hawkins whistled quietly as he reentered the courtroom.
Pate is describing the autopsy process. Pate requested fluid be drawn so a DNA comparison could be made with the mucal swab. Blood was taken from the chest cavity area and placed into vials.
A section of bone was also cut from all four extremities to test how the body was cut. Pate took possession of the pieces of bone.
Blood samples and the mucal swab were given to Scales Biolab to test.
Pate brought the pieces of bone back to the DeSoto County Sheriff's Department evidence room until a Shelby County investigator picked them up for processing.
4:49pm - Scales Biolab confirmed the victim to be Charlene Gaither via DNA testing.
Defense has no questions for Pate. He has left the witness stand.
Judge is now sharing evidence with the jurors while prosecutors take a short break.
5:03pm - The State called Detective Clyde Gunter with the DeSoto County Sheriff's Department. He has been in law enforcement for 15 years.
On February 14, 2008, Gunter got a call that Mississippi Department of Transportation had located a body. When he arrived at the scene, there was another uniformed officer on the scene. Gunter was the first detective on the scene.
Gunter was shown the body. To protect the crime scene, he established where they should rope it off. To the best of Gunter's knowledge, no one had been down to the scene before he got there.
His primary function when he initially arrived was to preserve and protect the crime scene. Gunter later set up and conducted a search near the crime scene.
5:07pm - Gunter said they searched a roughly three-mile area on both westbound and eastbound 78. The search was later extended nearly all the way to the Mississippi-Tennessee state line in search of the missing body parts.
Gunter said the victim's body parts were not located.
Gunter said within a day or two, the entire case was transferred to Memphis.
Gunter has left the witness stand. The rest of the exhibits are being passed to the jury.
5:14pm - Judge explaining to the jury some of the difference between courtroom TV shows and an actual courtroom. He said that attorneys often get in witnesses faces on TV so that "they can fit both actors on the tiny TV screen."
The judge has stopped the trial for the day and will resume Monday morning at 9:30 a.m. Action News 5 will be in the courtroom Monday. You can follow right here on WMCTV.com.
James Hawkins (Source: Memphis Police Department)
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